Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Uzbekistan (Ratification: 2016)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes with regret that the Government’s report does not address any of the issues raised by the Committee in its previous comments.

The Committee had requested the Government to provide its comments on the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) alleging imprisonment of two activists attempting to form an independent trade union, and the death of Mr Nuriddin Jumaniyazov, one of the imprisoned activists, while in detention. The Committee once again requests the Government to provide its comments on these serious allegations.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations.Distinction based on nationality. The Committee had previously noted that sections 4 and 7 of the Law on Trade Unions (LTU) granted the right to organize only to citizens. The Committee had noted the Government’s indication that all workers in its territory enjoyed this right due to the broad definition of “citizens” contained in section 16 of the Civil Code, and requested it to consider amending the LTU so as to avoid any possible ambiguity or conflict in its interpretation. The Committee notes that the Government does not provide any information in this regard. Highlighting the importance of ensuring that all workers residing in the territory of a State benefit from the trade union rights provided by the Convention without any distinction based on nationality, the Committee reiterates its previous request.

Police and armed forces. The Committee had noted that section 2 of the LTU provided that specific dispositions could be established for the application of this law in the armed forces, internal affairs offices, the National Security Service, the National Guard and other military forces. The Committee had noted the Government’s indication that there were no obstacles to freedom of association for civilians working in internal affairs agencies and the National Guard, where trade union organizations had been established, and requested the Government to indicate if that was also the case in the armed forces and the National Security Services. Noting that no information has been provided in this respect, the Committee once again requests the Government to indicate whether civilians working in the armed forces and the National Security Services benefit from the trade union rights afforded by the Convention, and whether trade union organizations have been established in these services.

Right of workers and employers to establish organizations of their own choosing. Minimum membership requirement. The Committee notes that section 13(e) of the Regulations on the Procedure for State Registration of Non-Governmental Non-Commercial Organizations provides that at least 3,000 participants are required to register a non-governmental non-commercial organization in the form of a trade union. It also notes that, according to section 6 of the Law on Public Associations (LPA), republican trade unions (whose activities and chartered goals are distributed over the entire territory of the republic) must have no less than 3,000 members. In this regard, the Committee recalls that, while the establishment of a minimum membership requirement in itself is not incompatible with the Convention, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered. It also considers that this criterion should be assessed in relation to the level at which the organization is to be established (for example, at the industry or enterprise level) and the size of the enterprise (see the 2012 General Survey on the fundamental Conventions, paragraph 89). The Committee requests the Government, in full consultation with the social partners, to review the minimum membership requirement established in the above-mentioned provisions with a view to ensuring that it does not hinder the right of workers to form and join the organizations of their own choosing. The Committee requests the Government to provide information on all progress achieved in this regard.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes. Financial management. In its previous comments, the Committee had noted that the LPA provided that financial agencies carried out monitoring of the sources of finances and income of public associations, the quantity of the contributions they received and their payment of taxes (section 20). The Committee had noted the Government’s indication that this provision did not apply to trade unions on the basis of section 9 of the LTU and section 18 of the Act on Regulatory Legal Acts, and had requested the Government to indicate how section 20 of the LPA applied to employers’ organizations. The Committee also notes that, according to section 8 of the Law on Non-Governmental Non-Commercial Organizations, these organizations are obliged to: (i) ensure accessibility to information about the use of their property and funds; (ii) coordinate with the registration authority the holding of events, as well as the receipt of funds and property from foreign states, international and foreign organizations, or citizens of foreign states; (iii) inform the registration authority about the visits of their representatives to foreign countries; and (iv) submit reports on their activities to the registration authority, state tax service authorities and state statistics authorities. Recalling once again that the supervision of the financial management of organizations should not go beyond the obligation to submit annual financial reports, the Committee requests the Government to indicate how the monitoring set out in section 20 of the LPA applies to employers’ organizations, and whether the obligations contained in section 8 of the Law on Non-Governmental Non-Commercial Organizations are applicable to trade unions and employers’ organizations.

Internal administration. The Committee had also requested the Government to amend section 20 of the LPA, which allowed the Ministry of Justice and its agencies to demand from the governing body of a public association an accounting of the decisions taken, to send its representatives to participate in the activities carried out by the public association, and to receive explanations from members of the public association and other citizens concerning compliance with the public association’s charter. In the absence of information provided by the Government, the Committee reiterates its request that the Government amend the legislation with a view to ensuring that public authorities are not allowed to interfere in the internal administration of trade unions and employers’ organizations. The Committee requests the Government to provide information on any measures taken in this respect.

Right to strike. The Committee had previously noted that the procedure for resolving collective labour disputes under section 281 of the Labour Code did not explicitly provide for the right to strike, and that the IUF alleged that most strikes were prohibited and punishable under section 218 of the Criminal Code and section 201 of the Administrative Code. The Committee had requested the Government to take the necessary measures to amend its legislation to ensure full recognition of the right to strike. The Committee notes with regret that sections 570 to 578 of the new Labour Code, which contain the procedure for the resolution of collective labour disputes, do not refer to the right to strike. Recalling the importance of the right to strike as one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests, the Committee once again requests the Government to take the necessary measures, in full consultation with the social partners, to modify its legislation with a view to ensuring full recognition of the right to strike.The Committee requests the Government to provide information on any progress made in this regard.

Article 4. Use made of the assets of dissolved organizations. In its previous comments, the Committee had noted that according to section 36 of the Law on Non-Governmental Non-Commercial Organizations, the property of a public association which had been liquidated by a court decision could not be distributed among its members. The Committee had noted the Government’s indication that section 20 of the LTU provided that the charters of trade unions needed to contain a procedure for the management of their assets, and requested the Government to indicate how the assets of employers’ organizations were distributed in the event of dissolution. Noting that the Government does not provide the information requested, the Committee requests it once again to indicate the manner in which the assets of employers’ organizations are distributed in case of dissolution.

Application of the Convention in practice. The Committee had previously requested the Government to provide its comments on the allegation of the IUF that it was impossible to establish independent trade unions in the country outside the traditional structure of the Federation of Trade Unions of Uzbekistan (FPU), which was controlled by the State. Noting that the Government does not reply to this allegation, the Committee requests it once again to provide its comments in this regard. The Committee also renews its request that the Government provide information on the number of employers’ organizations registered in the country, the sectors concerned and the number of workers they employ.

[The Government is asked to reply in full to the present comments in 2024.]

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 31 August 2022, referring to the issues raised by the Committee below and alleging imprisonment of two activists attempting to form an independent trade union, and the death of Mr Nuriddin Jumaniyazov, one of the imprisoned activists, while in detention. The Committee requests the Government to provide its comments on these serious allegations. The Committee also notes the observation of the Federation of Trade Unions of Uzbekistan (FPU), received on 27 September 2022, referring to the issues examined by the Committee.

Legislative developments. The Committee notes the Government’s indication that the Labour Code has been amended on 28 October 2022, and that the revised Labour Code will come into force in April 2023. The Committee will examine its conformity with the Convention once the translation thereof becomes available.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations.Definition of worker. In its previous comments, the Committee, noting that the Labour Code applies to workers under an employment contract (sections 1(3) and 14) and that the Law on Trade Unions (LTU) applies to citizens performing work (section 4), requested the Government to indicate whether workers in the informal economy, self-employed workers and workers without employment contracts enjoy the rights and guarantees provided by the Convention. The Committee takes due note of the Government’s indication that these categories of workers are included within the scope of the LTU and that the right to freedom of association is not subject to the existence of an employment contract, as section 7 of the LTU provides that citizens have the right to voluntarily establish trade unions to protect their legitimate interests, to join trade unions, to carry out trade union activities and to leave trade unions.

Distinction based on nationality. In its previous comments, the Committee, noting that under the LTU the right to organize was only granted to citizens (sections 4 and 7), requested the Government to take the necessary measures to ensure the recognition of this right for all workers. The Committee notes the Government’s indication that section 16 of the Civil Code defines “citizens” as citizens of the Republic of Uzbekistan, citizens of other States and stateless persons, and that, accordingly, all workers working in its territory have the right to form trade unions. While taking due note of this information, the Committee requests the Government to consider amending the LTU so as to avoid any possible ambiguity or conflict in its interpretation.

Police and armed forces. The Committee previously noted that section 2 of LTU provides that specific dispositions may be established for the application of this law in the armed forces, internal affairs offices, the National Security Service, the National Guard and other military forces, and requested the Government to indicate if civilians working in these services could benefit from trade union rights. The Committee notes Government’s indication that primary trade union organizations have been established in Uzbekistan’s internal affairs agencies and National Guard, and that there are no obstacles to freedom of association for civilians working in these organizations. Taking due note of this information, the Committee requests the Government to indicate whether civilians working in the armed forces and the National Security Services also enjoy the trade union rights afforded by the Convention, and whether trade union organizations have been established in these services.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes. Financial management. In its previous comments, the Committee had noted that the Law on Public Associations (LPA) provided that financial agencies carried out monitoring of the sources of finances and income of public associations, the quantity of the contributions they receive and their payment of taxes (section 20), and requested the Government to indicate how this monitoring applied to trade unions and employers’ organizations. The Committee notes that according to the Government, financial agencies do not monitor sources of funding and income of trade unions under the LPA, emphasizing that section 9 of the LTU provides that trade unions are independent in their activities. The Government indicates that according to section 18 of the Act on Regulatory Legal Acts, in case of discrepancies between laws having equal legal force, the provisions of the law adopted more recently shall apply. In this regard, the Government informs that while the LPA was adopted in 1991, the LTU was adopted on in 2019. Taking due note of this information, the Committee requests the Government to indicate how the monitoring set out in section 20 of the LPA applies to employers’ organizations, which are not covered by the LTU.

Internal administration. The Committee had previously requested the Government to amend section 20 of the LPA, which allows the Ministry of Justice and its agencies to demand from the governing body of a public association an accounting of the decisions taken, to send its representatives to participate in the activities carried out by the public association, and to receive explanations from members of the public association and other citizens concerning compliance with the public association's charter. The Committee notes that the Government points out that section 12 of the LPU prohibits public authorities and employers from interfering in the activities of trade unions or their associations, including with respect to the requirement to provide any documentation on their activities. The Committee observes however that this provision contains an exception for cases provided for in law. The Committee once again requests the Government to amend the legislation with a view to ensuring that public authorities are not allowed to interfere in the internal administration of trade unions and employers’ organizations, and to provide information on measures taken in this regard.

Right to strike. In its previous comments, the Committee had noted that the procedure for resolving collective labour disputes under section 281 of the Labour Code did not explicitly provide for the right to strike, and requested the Government to indicate which laws recognized and regulated this right. The Committee notes the Government’s indication that it is currently studying best international practices with regard to the right to strike with a view to incorporating an effective regulatory framework into its legislation. The Committee also notes the IUF allegation that most strikes are currently prohibited and punishable under section 218 of the Criminal Code and section 201 of the Administrative Code. Moreover, the IUF states that the Ministry of Justice Order No. 193 of 2016 allows the Ministry to refuse to authorize public actions for unspecified administrative reasons, which results in most demonstrations being unauthorized and participants facing harsh penalties. Recalling once again that strikes are essential means available to workers and their organizations to protect their interests, the Committee requests the Government to take the necessary measures, in consultation with the social partners, to amend its legislation with a view to ensuring full recognition of the right of strike. The Committee requests the Government to provide information on progress achieved in this regard.

Article 4. Use made of the assets of dissolved organizations. The Committee had previously noted that section 36 of the Law on Non-Governmental Non-Commercial Organizations provided that the property of a public association which has been liquidated by a court decision may not be distributed among its members, and requested the Government to indicate how assets were distributed once a trade union or an employers’ organization is dissolved. The Committee notes the Government’s indication that section 20 of the LTU provides that the charters of trade unions must contain a procedure for the management of their assets and that, accordingly, the charters of sectoral trade unions provide that in case of dissolution, their assets shall be used to fulfil the tasks for which they were acquired. Taking due note of this information, the Committee requests the Government to indicate how the assets of employers’ organizations, to which the LTU does not apply, are distributed in the event of dissolution.

Application of the Convention in practice. The Committee had previously invited the Government to provide statistical information on registered workers’ and employers’ organizations. The Committee notes that the Government reports that between January and July 2021, new trade union organizations were established at more than 6,200 enterprises and organizations employing over 100,000 workers. It further notes the Government’s indication that new trade union organizations decide independently whether to acquire the status of a legal entity and that as of August 2021, there were 652 organizations registered. The Committee notes, however, the IUF allegation that it is impossible to establish independent trade unions in the country outside the traditional structure of the FPU, which is controlled by the State. The Committee requests the Government to provide its comments in this regard. The Committee further requests the Government to provide information on the number of employers’ organizations registered in the country, the sectors concerned and the number of workers they employ.

[The Government is asked to reply in full to the present comments in 2023.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report and the following applicable pieces of legislation: Labour Code (1995), Law on Trade Unions (2019), Law on Public Associations (1991), and Law on Non-Governmental Non-Commercial Organizations (1999).

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. Definition of worker. The Committee notes that pursuant to section 16 of the Labour Code, all workers have the right to freedom of association. It further notes that it follows from sections 1(3) and 14 of the Labour Code that the term “worker” refers exclusively to those working on the basis of an employment contract, and that section 11 of the Code further extends the coverage of labour legislation to foreign citizens and persons without citizenship working in the territory of the Republic of Uzbekistan “on the basis of an employment contract signed with the employer”. It also notes that section 4 of the Law on Trade Unions (LTU) appears to have a larger scope of application as it grants freedom of association rights to “citizens who are performing work”. Recalling that workers in the informal economy, self-employed workers and workers without employment contracts must be able to enjoy the right to freedom of association, the Committee requests the Government to indicate how the abovementioned categories of workers enjoy the rights and guarantees provided by the Convention.

Distinction based on nationality. The Committee notes that, while section 11 of the Labour Code appears to extend freedom of association rights to foreigners, under the LTU only “citizens” are granted the right to freedom of association (section 4), as well as the right to voluntarily establish trade unions to protect their legitimate interests, to join and to carry out trade union activity (section 7). The Committee further notes that the Labour Code defines “trade union” as a voluntary public association of “citizens”, connected by their common professional interests on the basis of the type of activity or study carried out, created for the purpose of representing and protecting their labour and other socio-economic rights and interests, which acts on the basis of its own charter (section 3). The Committee recalls that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing implies that anyone residing in the territory of a State, whether or not they have a residence permit, benefits from the trade union rights provided for by the Convention, without any distinction based on nationality (see the 2012 General Survey on the fundamental Conventions, paragraph 79). The Committee requests the Government to take the necessary measures, including through amending the LTU, in order to ensure that the right to organize is recognized for all workers, regardless of citizenship, or the absence thereof.

Police and armed forces. The Committee notes that according to the LTU, specific provisions may be established for the application of the Act “in the Armed Forces, internal affairs offices, the National Security Service, the National Guard and other military forces” (section 2). The Committee recalls that the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. These exceptions must however be construed in a restrictive manner and do not include, for example, civilian personnel in the armed forces and civilian employees in the intelligence services (see the 2012 General Survey on the fundamental Conventions, paragraph 67). The Committee requests the Government to indicate if civilians working in the armed forces, intelligence and other services referred to in section 2 of the LTU can benefit from the trade union rights provided for in the Convention.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes. The Committee notes that according to section 9 of the LTU, trade unions must be independent in their activities, including their financial activities, from the State authorities and must not be accountable to them nor be controlled by them, “except in the cases provided by law”. The Committee further notes that the Law on Public Associations (LPA), whose broad scope includes organizations such as trade unions (section 1), provides in its section 20 that financial agencies carry out monitoring of the sources of finances and income of public associations, the quantity of the contributions they receive and their payment of taxes. The Committee requests the Government to indicate how the monitoring provided for by section 20 of the LPA is applicable to trade unions and employers’ organizations and what obligations or control measures section 20 requires or may imply for these organizations in practice.

The Committee notes that section 20 of the LPA further allows the Ministry of Justice and its agencies to demand from the governing body of a public association an accounting of the decisions taken, to send its representatives to participate in the activities being carried out by the public association, and to receive explanations from members of the public association and other citizens concerning questions related to compliance with the public association's charter. The Committee recalls that it considers contrary to the Convention legal provisions that place organizations under the obligation to transmit to the authorities, at their request, copies of the decisions taken by the executive committees of the organizations or reports of their activities, and to assist the authorities in ascertaining whether the association is achieving its authorized purposes (see the 2012 General Survey on the fundamental Conventions, paragraph 112). The Committee requests the Government to amend its legislation to ensure that public authorities are not allowed to interfere in the internal administration of trade unions and their structures, as well as employers’ organizations and their structures. It requests the Government to provide information on the measures taken in this respect.

Right to strike. The Committee notes that while according to section 281 of the Labour Code, the procedure for resolving collective labour disputes regarding the establishment of new working conditions or changes in existing working conditions is established by law, the LTU does not explicitly provide for the right to strike. Recalling that strikes are essential means available to workers and their organizations to protect their interests (see the 2012 General Survey on the fundamental Conventions, paragraph 117), the Committee requests the Government to indicate which laws recognize and regulate the right to strike of workers, and to communicate any relevant legal texts, including the law referred to by section 281 of the Labour Code.

Article 4. Use made of the assets of dissolved organizations. The Committee notes that pursuant to section 23 of the LTU, the termination of the activity of a trade union must be carried out on the basis of a decision made by its governing body or following a judicial procedure, and that such activity may not be terminated or suspended on administrative grounds. The Committee notes that the LTU is silent on the question of distribution of assets of dissolved organizations. It further notes that section 36 of the Law on Non-Governmental Non-Commercial Organizations provides that, when a public association is liquidated by a court decision, its property may not be distributed among its members. The Committee recalls that, with regard to the distribution of trade union assets in the event of dissolution, it considers that these should be used for the purposes for which they were acquired (see the 2012 General Survey on the fundamental Conventions, paragraph 162). The Committee requests the Government to indicate how assets are distributed once a trade union or an employers’ organization is dissolved.

Application of the Convention in practice. The Committee invites the Government to provide statistical information on the number of workers’ and employers’ organizations registered, the sectors reached by these organizations, and the number of workers covered.

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

In its previous direct request, the Committee had noted the Government’s first report, which the Committee intends to examine at its next session. The Committee takes note of the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) received on 5 September 2018 on the application of the Convention in practice. The Committee requests the Government to provide its comments thereon.

The Committee takes note of an ongoing labour law reform, with the technical assistance of the Office. The Committee trusts that the social partners are fully involved in this process and invites the Government to provide all information on developments in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s first report and will examine the application of the Convention in the country once the translation thereof becomes available.