Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Ouzbékistan (Ratification: 2008)

Article 3 of the Convention. Clause (b). Worst forms of child labour. Use, procuring or offering of a child for prostitution. The Committee previously observed that section 10 of the Act on guarantees of the rights of the child (which provides for the protection of persons under 18 from all forms of exploitation, including inducement to criminal activity and prostitution) covers the prohibition of procuring or offering of a child for prostitution, but not the use of a child for that end. It also noted that section 190 of the Code on Administrative Liability states that prostitution is punishable by a fine from one to three times the minimum wage. The Committee observed that this provision appeared to penalize a person who works as a prostitute, but does not penalize a person who hires or uses a prostitute, as a client.

The Committee notes the Government’s statement that sexual intercourse or procurement for sexual intercourse with persons under the age of 16 is prohibited. The Committee also notes the statement in the Government’s report that in 2011, three children were convicted for prostitution. In this connection, the Committee refers to paragraph 510 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, and recalls that children who are used, procured or offered for prostitution should be treated as victims, and not as offenders. In this regard, the Committee requests the Government to take the necessary measures to ensure that children who are victims of commercial sexual exploitation are treated as victims rather than offenders, and to ensure that they receive the services necessary for their rehabilitation and social reintegration. The Committee also requests the Government to indicate the relevant provisions prohibiting the use (i.e. by a client) of both boys and girls under 18 years of age for the purpose of prostitution.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan to increase the effectiveness of the combating of trafficking in persons. The Committee previously noted that a Plan of Action against trafficking in persons for 2011–12 was being implemented, and that law enforcement bodies, ministries and agencies as well as non-governmental organizations were participating in its implementation.

The Committee notes that the Plan of additional measures for the implementation of the Forced Labour Convention, 1930 (No. 29), and the Worst Forms of Child Labour Convention, 1999 (No. 182), 2012–13 (Plan on additional measures) contains measures to hold seminars in secondary schools concerning combating trafficking. The Committee also notes the Government’s statement that its analysis shows that action of law enforcement agencies in detecting and prosecuting perpetrators of trafficking has increased, in addition to increased capacity in identifying trafficking victims. The Committee encourages the Government to pursue its efforts to eliminate the sale and trafficking of persons under 18 years of age. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the legislative framework in Uzbekistan provides for a right to education, and for guaranteed free and compulsory general secondary education as well as secondary special vocational education. However, the Committee noted the information from UNICEF that, while primary education is officially free, the rising costs of textbooks, meals, clothing and transport are leading to falling attendance rates. Nonetheless the Committee noted the Government’s indication that the rate of graduation from the ninth class of general education was 96.8 per cent in 2009 and 97.1 per cent in 2010. It also noted the Government’s indication that it had undertaken the monitoring of the attendance of students, whereby non-attending students were identified and returned to classes.

The Committee notes the Government’s statement that 99.3 per cent of school aged children are enrolled in schools. The Committee also notes the Government’s statement that attendance rates at general education schools are subject to checks. The Government indicates that in the first four weeks of such checks, attendance rates were approximately 98 per cent. Moreover, the Committee notes the Government’s indication that it continues to take measures to identify children who are not attending school and to help return them to school. In this regard, the Committee notes that the Plan on additional measures includes steps to strengthen the monitoring of students attendance, and enhance measures to ensure the return of absent students.

Clause (d). Children at special risk. Street children. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations (2 June 2006, CRC/C/UZB/CO/2, paragraph 62), expressed its concern at the increasing number of street children. In this regard, the Committee noted the information from the UNICEF that the official number of street children doubled between 2001 and 2004, to reach a total of 5,400 children. However, the Committee noted the Government’s indication that 2,380 street children had been identified and settled, and that 311,000 minors living in socially vulnerable conditions had received social and legal assistance.

The Committee notes the Government’s statement that the Prevention of Child Neglect and Juvenile Delinquency Act, which was adopted in 2010, is being implemented by the Children’s Commission. The Committee also notes the Government’s statement that in 2011, 7,323 children benefited from social and legal assistance from the Ministry of Internal Affairs. The Government further indicates that in the regional offices of the Ministry of Internal Affairs, a database has been set up to identify children living in disadvantaged families and risk groups. Considering that street children are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that persons under 18 living and working on the streets are protected from these worst forms. It requests the Government to provide information on the specific measures taken in this regard, with its next report.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the National Plan of Action (NPA) on Conventions Nos 138 and 182 included plans for the Ministry of Labour and Social Protection to carry out an analysis and estimate of the number of persons under 18 years who are employed.

The Committee notes the Government’s indication that, as a result of inspections undertaken by the State Labour Inspectorate, 107 breaches related to children were detected, resulting in the issuance of 55 notices, and the conviction of 40 persons for administrative offences. The Committee also notes the Government’s statement that 70 children were involved in criminal offences related to the illegal sale of narcotic drugs. The Committee further notes the Government’s statement that in 2011, the courts heard 169 cases related to trafficking in persons, and 275 persons were convicted of criminal offences. The Committee requests the Government to continue to provide information on the application of the Convention in practice, specifically statistical information relating to the number of investigations, prosecutions, convictions and penalties applied concerning the worst forms of child labour. To the extent possible, all information provided should be disaggregated by sex and age. In addition, the Committee once again requests the Government to provide statistical information from the survey of employment of the population, as well as any other relevant data collected, concerning children engaged in the worst forms of child labour, as soon as this survey is completed.

[The Government is asked to supply full particulars to the Conference at its 102nd Session and to reply in detail to the present comments in 2013.]