Forced Labour Convention, 1930 (No. 29) - Uzbekistan (Ratification: 1992)
Protocol of 2014 to the Forced Labour Convention, 1930 - Uzbekistan (Ratification: 2019)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that sections 135 and 138 of the Criminal Code prohibit “the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom”, including trafficking. It also noted the adoption of the Act on the Measures to Combat Trafficking in Persons, 2008. The Committee requested the Government to provide information on the application of the relevant provisions of the Criminal Code and Act on Trafficking in Persons, 2008 in practice.

The Committee notes the Government’s information in its report that according to the Office of the Prosecutor General and the Ministry of Internal Affairs, in 2018, 43 cases concerning trafficking of children and six cases related to forced labour was recorded. The Committee notes the Government’s statement that the cases related to trafficking in persons and forced labour have decreased significantly. The Committee further notes the Government’s information on the various measures taken to prevent trafficking in persons and protect victims of trafficking, including:

• -the reorganization of the National Interdepartmental Committee to Combat Trafficking in Persons through Presidential Resolution No. PP-2833 of 2017 with the Ministry of Internal Affairs as its executive body;
• -adoption of Presidential Resolution No. PP-3839 in July 2018 to improve the external migration system and protect labour migration rights and to identify, protect and socially rehabilitate victims of trafficking;
• -setting up of a Fund for Support and Protection of the Rights and Interests of citizens working abroad, including for providing legal and social protection and healthcare to migrant workers and protection and social rehabilitation to victims of trafficking;
• -adoption of Law No. ZRU-517 on the Approval of the Consular Regulations of the Republic of Uzbekistan to help and protect Uzbek nationals who have fallen victims to trafficking and assist them to return home; and
• -setting up of 29 border posts to carry out awareness-raising on trafficking and forced labour among those migrant workers traveling abroad.

The Government further indicates that Uzbekistan has acceded to a number of international instruments on trafficking in persons and signed 29 agreements with other countries on combating organized crime, including trafficking in persons. The Committee further notes the Government’s reference to the 2018 Trafficking in Persons Report of the US State Department which moved Uzbekistan from Tier 3 to Tier 2. The Committee requests the Government to continue to provide information on the measures taken to provide protection and assistance to victims of trafficking as well as the impact of these measures, including the number of persons benefiting from services for victims of trafficking. The Committee also requests the Government to continue to provide information on the application in practice of relevant provisions of the Criminal Code and Act on Trafficking in Persons, 2008, including the number of investigations, prosecutions, convictions and the specific penalties applied.

Articles 1(1) and 2(1). Mobilization and use of labour for purposes of economic development in agriculture (cotton production). The Committee refers to its detailed comments addressed to the Government under Convention No. 105.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that sections 135 and 138 of the Criminal Code prohibit “the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom”, including trafficking. It also noted the adoption of the Act on the Measures to Combat Trafficking in Persons, 2008. It requested information on the application of these provisions in practice as well as on the measures taken to provide assistance and protection to victims of trafficking.

The Committee notes the absence of information in the Government’s report on this regard. The Committee notes from the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW) of 24 November 2015 that an Action Plan for 2015–16 on the prevention of trafficking in persons has been adopted. However, the Committee notes that CEDAW expressed concern at the lack of information on the number of complaints, investigations, prosecutions and convictions relating to trafficking of women and girls as well as on victim support and rehabilitation programmes (CEDAW/C/UZB/CO/5, paragraphs 5 and 19). The Committee requests the Government to supply information on the measures taken, including within the Action Plan of 2015–16 to provide protection and assistance to victims of trafficking as well as the impact of these measures, including the number of persons benefiting from services for victims of trafficking. The Committee also requests the Government to provide information on the application of relevant provisions of the Criminal Code and Act on Trafficking in Persons, 2008 in practice, including the number of investigations, prosecutions, convictions and the specific penalties applied.

Articles 1(1) and 2(1). Mobilization and use of labour for purposes of economic development in agriculture (cotton production). The Committee refers to its comments addressed to the Government under Convention No. 105.

Article 2(2)(a). Use of compulsory military service for purely military ends. The Committee previously noted the Government’s statement that there had been no instances in Uzbekistan of the use of conscripts for non-military ends, but that there were no guarantees to that effect in the national legislation. Noting once again that the Government’s report contains no information on this subject, the Committee reiterates its hope that, during the next revision of the legislation concerning compulsory military service, measures will be taken to include provisions specifying that the services exacted from conscripts shall be for purely military purposes.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. The Committee previously noted that sections 135 and 138 of the Criminal Code prohibit “the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom”, including trafficking. It also noted the adoption of the Act on the Measures to Combat Trafficking in Persons, 2008. It requested information on the application of these provisions in practice.

The Committee notes the information in the Government’s report, submitted under the Abolition of Forced Labour Convention, 1957 (No. 105), that in 2011, 597 cases (involving 654 accused) were brought before the courts under section 135 of the Criminal Code, and that in 2012, 574 such cases were brought. In 2012, the courts heard 169 cases relating to trafficking in persons, which resulted in the conviction of 274 persons. Of those convicted, 206 persons received penalties of imprisonment. The Committee also notes that the National Inter-departmental Committee to Fight Trafficking in Persons approved, in January 2013, the 2013–14 Plan of Measures to further Enhance the Effectiveness of the Fight against Trafficking in Persons. The Committee requests the Government to provide, in its next report, information on the specific measures taken to prevent, suppress and combat trafficking in persons, including measures taken within the framework of the 2013–14 Plan of Measures to further Enhance the Effectiveness of the Fight against Trafficking in Persons. The Committee also requests the Government to continue to provide information on the application of relevant provisions of the Criminal Code in practice, including the number of investigation, prosecutions, convictions, and the specific penalties applied.

2. Protection and reintegration of victims of trafficking in persons. The Committee notes the Government’s indication that a draft Bill on amendments and additions to the Uzbekistan Employment Act includes additional guarantees related to employment for vulnerable groups, including former victims of human trafficking. It also notes the Government’s indication that 1,087 victims of trafficking (762 men and 325 women) were recognized as victims in trafficking cases brought before the courts in 2012. The Committee requests the Government to supply information on the measures taken to provide protection and assistance to these identified victims of trafficking. It also requests the Government to provide information on the impact of these measures, including the number of persons benefiting from services for victims of trafficking.

Articles 1(1) and 2(1). 1. Freedom of state employees to leave their service. The Committee previously noted the Government’s indication that public servants are covered by the provisions of the Labour Code, and may terminate their employment at their own request, like other categories of workers, in accordance with section 99 of the Code. It also noted that a draft law on state employees was under discussion. The Committee once again requests the Government to provide information on the draft law on state employees, and to provide a copy, once adopted.

2. Mobilization and use of labour for purposes of economic development in agriculture (cotton production). The Committee refers to its comments addressed to the Government under Convention No. 105.

Article 2(2)(a). Use of compulsory military service for purely military ends. The Committee previously noted the Government’s statement that there had been no instances in Uzbekistan of the use of conscripts for non-military ends, but that there were no guarantees to that effect in the national legislation. Noting once again that the Government’s report contains no information on this subject, the Committee reiterates its hope that, during the next revision of the legislation concerning compulsory military service, measures will be taken to include provisions specifying that the services exacted from conscripts shall be for purely military purposes.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of the State employees to leave their service. The Committee notes the Government’s indication in its report that public servants are covered by the provisions of the Labour Code and may terminate employment at their own request in accordance with section 99 of the Labour Code, like any other categories of workers. Noting also the Government’s indication that the issue of the elaboration of the draft Law on the State employees is under discussion, the Committee would appreciate it if the Government would keep the ILO informed of the developments in this field and provide a copy of the new Law, as soon as it is adopted.

2. Mobilization and use of labour for purposes of economic development in agriculture (cotton production). The Committee refers to its comments addressed to the Government under the Abolition of Forced Labour Convention, 1957 (No. 105).

Article 2(2)(a). Use of compulsory military service for purely military ends. The Committee previously noted the Government’s statement in the report that there had been no instances in Uzbekistan of using conscripts for non-military ends, though no guarantees are provided for to that effect in the national legislation. Noting that the Government’s latest report contains no information on this issue, the Committee reiterates its hope that, on the occasion of a future revision of the legislation concerning compulsory military service, measures will be taken to provide clearly in the text of the law that services exacted for military purposes are used for purely military ends.

Article 2(2)(c). Prison labour. The Committee previously noted that, under section 88 of the Code on the Execution of Penal Sanctions, the use of prison labour for the benefit of private persons is not allowed, and that prisoners are assigned to work, as a rule, at production units of the penitentiary institutions. The Committee notes the Government’s statement in the report that, since convicts are not allowed to work for the benefit of private persons, no contracts can be concluded between penitentiary institutions and private employers.

Articles 1(1), 2(1) and 25. Trafficking in persons. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the provisions of sections 135 and 138 of the Criminal Code punishing with various penal sanctions “the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom.” The Committee notes the adoption of the Act on the Measures to Combat Trafficking in persons, 2008, as well as the Presidential Decree of 8 July 2008 on measures to strengthen the fight against human trafficking, which has approved the National Anti-Trafficking Plan. It also notes the Government’s brief indications in the report concerning anti-trafficking prevention measures taken by the Ministry of Interior jointly with other competent bodies. The Committee requests the Government to provide, in its next report, information on the application in practice of the 2008 Act and the National Anti-Trafficking Plan, indicating the measures taken to prevent, suppress and punish trafficking in persons and supplying the relevant statistical data. The Committee also requests the Government once again to provide information on the application in practice of sections 135 and 138 of the Criminal Code referred to above, supplying sample copies of the relevant court decisions and indicating the penalties imposed on perpetrators. Please also supply information on the application in practice of section 51 of the Code of Administrative Offences punishing the “administrative compulsion to perform labour in any form”, supplying copies of the relevant judicial decisions.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1), and 2(1), of the Convention. 1. Freedom of state employees to leave their service. The Committee notes the Government’s indication in its report that public servants are covered by the provisions of the Labour Code, which is of general application. Please indicate whether there is special legislation concerning employees at the service of the State and provide information on provisions applicable to this category of employees as regards their right to terminate employment at their own request.

2. Mobilization and use of labour for purposes of economic development in agriculture (cotton production). The Committee refers to its comments addressed to the Government under Convention No. 105.

Article 2(2)(a). Compulsory military service. The Committee notes the Government’s statement in the report that there have been no instances in Uzbekistan of using conscripts for non-military ends, though no guarantees are provided for to that effect in the national legislation. While noting this information, the Committee hopes that, on the occasion of the possible future revision of the legislation concerning compulsory military service, measures will be taken to provide clearly in the text of the law that services exacted for military purposes are used for purely military ends.

Article 2(2)(c). Prison labour. The Committee notes the provisions of the Code on the Execution of Penal Sanctions concerning the work of prisoners, provided by the Government in its report. It notes, in particular, that under section 88 of the Code, the use of prison labour for the profit of private persons is not allowed. The Government also indicates that persons serving a penalty of “administrative arrest” cannot be required to work for private companies or associations. However, noting that under section 88, prisoners are assigned to work, as a rule, at production units of the penitentiary institutions, but in some cases may be assigned to other enterprises, the Committee requests the Government to indicate whether prisoners can work for enterprises of the private sector and, if so, under what conditions. Please also supply copies of any relevant texts, e.g. contracts concluded between penitentiary institutions and private users of prison labour.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the provisions of sections 135 and 138 of the Criminal Code punishing with various penal sanctions the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom. It requested the Government to provide information on the application of these provisions in practice. Since the Government’s report contains no information on this issue, the Committee hopes that the Government will not fail to provide, in its next report, information on the application in practice of sections 135 and 138 of the Criminal Code, supplying copies of the relevant court decisions and indicating the penalties imposed. Please also supply information on the application in practice of section 51 of the Code of Administrative Offences punishing the “administrative compulsion to perform labour in any form”, supplying copies of the relevant judicial decisions.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes 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:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention.
1. Freedom of state employees to leave their service. The Committee notes the Government’s indication in its report that public servants are covered by the provisions of the Labour Code, which is of general application. Please indicate whether there is special legislation concerning employees at the service of the State and provide information on provisions applicable to this category of employees as regards their right to terminate employment at their own request.

2. Mobilization and use of labour for purposes of economic development in agriculture (cotton production). The Committee refers to its comments addressed to the Government under Convention No. 105.

Article 2, paragraph 2(a). Compulsory military service. The Committee notes the Government’s statement in the report that there have been no instances in Uzbekistan of using conscripts for non-military ends, though no guarantees are provided for to that effect in the national legislation. While noting this information, the Committee hopes that, on the occasion of the possible future revision of the legislation concerning compulsory military service, measures will be taken to provide clearly in the text of the law that services exacted for military purposes are used for purely military ends.

Article 2, paragraph 2(c). Prison labour. The Committee notes the provisions of the Code on the Execution of Penal Sanctions concerning the work of prisoners, provided by the Government in its report. It notes, in particular, that under section 88 of the Code, the use of prison labour for the profit of private persons is not allowed. The Government also indicates that persons serving a penalty of “administrative arrest” cannot be required to work for private companies or associations. However, noting that under section 88, prisoners are assigned to work, as a rule, at production units of the penitentiary institutions, but in some cases may be assigned to other enterprises, the Committee requests the Government to indicate whether prisoners can work for enterprises of the private sector and, if so, under what conditions. Please also supply copies of any relevant texts, e.g. contracts concluded between penitentiary institutions and private users of prison labour.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the provisions of sections 135 and 138 of the Criminal Code punishing with various penal sanctions the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom. It requested the Government to provide information on the application of these provisions in practice. Since the Government’s report contains no information on this issue, the Committee hopes that the Government will not fail to provide, in its next report, information on the application in practice of sections 135 and 138 of the Criminal Code, supplying copies of the relevant court decisions and indicating the penalties imposed. Please also supply information on the application in practice of section 51 of the Code of Administrative Offences punishing the “administrative compulsion to perform labour in any form”, supplying copies of the relevant judicial decisions.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, the Act on the Protection of Population against Emergency Situations of 20 August 1999, as well as the Government’s explanations concerning its application.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of state employees to leave their service. The Committee notes the Government’s indication in its report that public servants are covered by the provisions of the Labour Code, which is of general application. Please indicate whether there is special legislation concerning employees at the service of the State and provide information on provisions applicable to this category of employees as regards their right to terminate employment at their own request.

2. Mobilization and use of labour for purposes of economic development in agriculture (cotton production). The Committee previously noted the observations made by the Council of the Trade Unions Confederation of Uzbekistan, communicated by the Government with its 2004 report, which contained allegations concerning practices of a mobilization and use of labour in the cotton harvest, in which public sector workers, schoolchildren and university students are involved. It also notes a communication dated 17 October 2008, received from the International Organisation of Employers (IOE), which was sent to the Government on 4 November 2008 for any comments it might wish to make on matters raised therein. The Committee refers in this connection to its comments addressed to the Government under Convention No. 105.

Article 2(2)(a). Compulsory military service. The Committee notes the Government’s statement in the report that there have been no instances in Uzbekistan of using conscripts for non-military ends, though no guarantees are provided for to that effect in the national legislation. While noting this information, the Committee hopes that, on the occasion of the possible future revision of the legislation concerning compulsory military service, measures will be taken to provide clearly in the text of the law that services exacted for military purposes are used for purely military ends.

Article 2(2)(c). Prison labour. The Committee notes the provisions of the Code on the Execution of Penal Sanctions concerning the work of prisoners, provided by the Government in its report. It notes, in particular, that under section 88 of the Code, the use of prison labour for the profit of private persons is not allowed. The Government also indicates that persons serving a penalty of “administrative arrest” cannot be required to work for private companies or associations. However, noting that under section 88, prisoners are assigned to work, as a rule, at production units of the penitentiary institutions, but in some cases may be assigned to other enterprises, the Committee requests the Government to indicate whether prisoners can work for enterprises of the private sector and, if so, under what conditions. Please also supply copies of any relevant texts, e.g. contracts concluded between penitentiary institutions and private users of prison labour.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the provisions of sections 135 and 138 of the Criminal Code punishing with various penal sanctions the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom. It requested the Government to provide information on the application of these provisions in practice. Since the Government’s report contains no information on this issue, the Committee hopes that the Government will not fail to provide, in its next report, information on the application in practice of sections 135 and 138 of the Criminal Code, supplying copies of the relevant court decisions and indicating the penalties imposed. Please also supply information on the application in practice of section 51 of the Code of Administrative Offences punishing the “administrative compulsion to perform labour in any form”, supplying copies of the relevant judicial decisions.

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

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:

The Committee would be grateful if the Government would supply, with its next report, copies of the legislation in force concerning labour relations in the public service and the execution of criminal sentences, as well as additional information on the following points.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of public servants to leave their service. Please provide information on provisions applicable to the public servants as regards their right to terminate employment at their own request.

2. The Committee notes the observations made by the Council of the Trade Unions Confederation of Uzbekistan, communicated by the Government with its report, according to which there are instances where the public sector workers are required to help farmers in the cotton harvest. The Committee requests the Government to provide its comments on these observations, indicating in particular, whether participation in the cotton harvest works is compulsory, and what sanctions are provided in case of a failure to participate in such works. Please also supply copies of the relevant legislative provisions, if any, and indicate whether other categories of the population are also required to help farmers in the cotton harvest.

Article 2(2)(a). Use of services exacted under compulsory military service laws. Please indicate what guarantees are provided to ensure that services exacted for military purposes under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Prison labour. 1. Please supply copies of provisions governing the work of persons serving a penalty of deprivation of freedom. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies and associations.

2. The Committee notes the provisions of the Code of Administrative Offences concerning “administrative arrest”, which is assigned by a court decision for a term of up to 15 days (section 29) and involves an obligation to perform labour under the supervision and control of local authorities (section 346). It requests the Government to indicate whether convicted persons serving a penalty of “administrative arrest” can be placed at the disposal of private companies or associations (e.g. those engaged in the execution of public works).

Article 2(2)(d). Work exacted in cases of emergency. The Committee notes that work exacted under conditions of a state of emergency is excluded from the prohibition of forced labour under section 7 of the Labour Code. Please indicate whether any special legislation concerning a state of emergency has been adopted, and if so, please supply a copy. Please also state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions. The Committee notes that sections 135 and 138 of the Criminal Code contain provisions punishing with various penal sanctions the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom. It requests the Government to provide information on the application of sections 135 and 138 in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

Noting also the provision of section 51 of the Code of Administrative Offences concerning the “administrative compulsion to perform labour in any form”, which is punishable by a fine, the Committee requests the Government to supply information on the application of this provision in practice, supplying copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes 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 following matters raised in its previous direct request:

The Committee would be grateful if the Government would supply, with its next report, copies of the legislation in force concerning labour relations in the public service and the execution of criminal sentences, as well as additional information on the following points.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of public servants to leave their service. Please provide information on provisions applicable to the public servants as regards their right to terminate employment at their own request.

2. The Committee notes the observations made by the Council of the Trade Unions Confederation of Uzbekistan, communicated by the Government with its report, according to which there are instances where the public sector workers are required to help farmers in the cotton harvest. The Committee requests the Government to provide its comments on these observations, indicating in particular, whether participation in the cotton harvest works is compulsory, and what sanctions are provided in case of a failure to participate in such works. Please also supply copies of the relevant legislative provisions, if any, and indicate whether other categories of the population are also required to help farmers in the cotton harvest.

Article 2(2)(a). Use of services exacted under compulsory military service laws. Please indicate what guarantees are provided to ensure that services exacted for military purposes under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Prison labour. 1. Please supply copies of provisions governing the work of persons serving a penalty of deprivation of freedom. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies and associations.

2. The Committee notes the provisions of the Code of Administrative Offences concerning “administrative arrest”, which is assigned by a court decision for a term of up to fifteen days (section 29) and involves an obligation to perform labour under the supervision and control of local authorities (section 346). It requests the Government to indicate whether convicted persons serving a penalty of “administrative arrest” can be placed at the disposal of private companies or associations (e.g. those engaged in the execution of public works).

Article 2(2)(d). Work exacted in cases of emergency. The Committee notes that work exacted under conditions of a state of emergency is excluded from the prohibition of forced labour under section 7 of the Labour Code. Please indicate whether any special legislation concerning a state of emergency has been adopted, and if so, please supply a copy. Please also state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions. The Committee notes that sections 135 and 138 of the Criminal Code contain provisions punishing with various penal sanctions the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom. It requests the Government to provide information on the application of sections 135 and 138 in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

Noting also the provision of section 51 of the Code of Administrative Offences concerning the “administrative compulsion to perform labour in any form”, which is punishable by a fine, the Committee requests the Government to supply information on the application of this provision in practice, supplying copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of the legislation in force concerning labour relations in the public service and the execution of criminal sentences, as well as additional information on the following points:

Articles 1(1) and 2(1) of the Convention. 1. Freedom of public servants to leave their service. Please provide information on provisions applicable to the public servants as regards their right to terminate employment at their own request.

2. The Committee notes the observations made by the Council of the Trade Unions Confederation of Uzbekistan, communicated by the Government with its report, according to which there are instances where the public sector workers are required to help farmers in the cotton harvest. The Committee requests the Government to provide its comments on these observations, indicating in particular, whether participation in the cotton harvest works is compulsory, and what sanctions are provided in case of a failure to participate in such works. Please also supply copies of the relevant legislative provisions, if any, and indicate whether other categories of the population are also required to help farmers in the cotton harvest.

Article 2(2)(a). Use of services exacted under compulsory military service laws. Please indicate what guarantees are provided to ensure that services exacted for military purposes under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Prison labour. 1. Please supply copies of provisions governing the work of persons serving a penalty of deprivation of freedom. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies and associations.

2. The Committee notes the provisions of the Code of Administrative Offences concerning "administrative arrest", which is assigned by a court decision for a term of up to fifteen days (section 29) and involves an obligation to perform labour under the supervision and control of local authorities (section 346). It requests the Government to indicate whether convicted persons serving a penalty of "administrative arrest" can be placed at the disposal of private companies or associations (e.g. those engaged in the execution of public works).

Article 2(2)(d). Work exacted in cases of emergency. The Committee notes that work exacted under conditions of a state of emergency is excluded from the prohibition of forced labour under section 7 of the Labour Code. Please indicate whether any special legislation concerning a state of emergency has been adopted, and if so, please supply a copy. Please also state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions. The Committee notes that sections 135 and 138 of the Criminal Code contain provisions punishing with various penal sanctions the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom. It requests the Government to provide information on the application of sections 135 and 138 in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

Noting also the provision of section 51 of the Code of Administrative Offences concerning the "administrative compulsion to perform labour in any form", which is punishable by a fine, the Committee requests the Government to supply information on the application of this provision in practice, supplying copies of the relevant court decisions.