Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Uzbekistan (Ratification: 1992)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Application in respect of non-citizens. The Committee notes that the provisions on non-discrimination contained in article 18 of the Constitution and section 6 of the Labour Code cover only citizens of the Republic of Uzbekistan. The Government is therefore requested to provide information on how the Convention is applied in law and practice to non-citizens. Please indicate in this regard the number of non-citizens present in the country and the remedies available to them in case of discrimination in employment and occupation.

2. Indirect discrimination. The Committee recalls that the Convention is intended to cover direct and indirect discrimination (see the 1996 Special Survey on the Convention, paragraphs 25–26). The Government is requested to indicate how the legislation covers indirect discrimination.

3. Discrimination on the basis of political opinion and colour. The Committee notes that no reference is made in the Constitution and relevant legislation establishing the principle of non-discrimination in employment and occupation to the grounds of political opinion and colour, which are listed as prohibited grounds of discrimination in Article 1(1)(a) of the Convention. While noting that section 6 of the Labour Code refers to “any other factors” unrelated to professional qualifications and output, the Committee recommends including political opinion and colour explicitly as prohibited grounds in national legislation. Until such amendments can be made, the Committee requests the Government to provide information on the measures taken to ensure that no worker is being subjected to discrimination on the basis of his or her political opinion or colour.

4. Discrimination on the basis of sex. Sexual harassment. The Committee notes that, under section 122 of the Criminal Code, “the coercion of a woman into sexual intercourse or satisfying sexual demands in an unnatural way by a person upon whom the woman was dependent for work or materially or otherwise dependent is punishable by corrective labour for up to two years or by detention for up to six months”. The Committee invites the Government to provide further information on measures taken to prohibit and prevent sexual harassment at work, in accordance with its 2002 general observation on this issue.

5. Article 1(3). Equality of opportunity and treatment with regard to access to employment. The Committee notes the Council of the Trade Unions Federation’s observation that recruitment on the basis of ethnic origin or gender was practised in the private sector. While noting that section 224 of the Labour Code prohibits non-recruitment of women on the ground of pregnancy or the fact of having children, the Committee requests the Government to indicate the legal provisions prohibiting, more generally, discrimination during recruitment on the basis of sex, and on any other ground listed in the Convention. Please also indicate whether any measures are being taken to prohibit the publication of discriminatory vacancy announcements, as suggested by the Council of the Trade Unions Federation.

6. Article 2. Equality of opportunity and treatment of men and women. The Committee notes with some concern that the participation of women in higher education has been declining in recent years (initial report of Uzbekistan submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000)). It also notes that women are concentrated in certain sectors and occupations, that they are more often affected by dismissals due to redundancy, and that they are more often facing difficulties finding employment after periods of unemployment. The Committee requests the Government to provide detailed information on the situation of men and women in respect to their participation in employment and occupation. This information should include statistical data on: (a) the participation of men and women in the various disciplines of secondary and higher education, vocational training and other forms of skill development; (b) employment and unemployment of men and women; and (c) the participation of men and women in employment in the various sectors of the economy, occupations and levels of responsibility. The Government is also requested to provide information on the practical measures taken to promote effective equality of opportunity of treatment of men and women in employment and occupation, including awareness-raising activities and educational programmes regarding gender equality.

7. Special measures for workers with family responsibilities. The Committee notes that Chapter IV of the Labour Code (“additional guarantees and benefits for specific categories of workers”) contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228–1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stresses that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. The Government is therefore requested to review the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

8. Equality of opportunity and treatment on the grounds of race, colour, national extraction, religion and social origin. The Committee requests the Government to provide information on the practical measures taken to ensure the Convention’s application in respect of the prohibited grounds of race, colour, national extraction, religion and social origin. In this regard, please provide information on the participation of the various ethnic minority groups in employment and occupation.

9. Article 3(d). Application of the Convention in respect of the civil service. The Committee requests the Government to provide further information on how the Convention is applied with respect to the civil service. Please indicate the extent to which the Labour Code is applicable, and provide information on any other applicable laws and regulations, in particular those regulating recruitment, remuneration and promotion, and disciplinary procedures. Please state how these laws and regulations ensure equality of opportunity and treatment as defined under the Convention, and indicate the procedures and remedies available to civil servants in cases of discrimination.

10. Article 4. Measures against persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative, administrative or other measure that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation.

11. Article 5. Special measures of protection on the basis of sex. The Committee requests the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code.

12. Parts II and IV of the report form. Enforcement. The Committee requests the Government to provide information on the manner in which the competent national authorities have enforced the legislation applying the Convention. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, the courts and the Ombudsperson.