Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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. In its previous comments, the Committee noted that section 10 of the Act on Guarantees of the Rights of the Child (which provides for the protection of persons under 18 years 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 section 128 of the Criminal Code prohibits the use of children under the age of 16 years for prostitution. Recalling that the provisions of Article 3 of the Convention which, read in conjunction with Article 2, prohibit the use of all children under the age of 18 years for prostitution, the Committee requested the Government to indicate the relevant provisions prohibiting the use of children under 18 years of age for the purpose of prostitution.

The Committee notes that according to section 119(3)(a) of the Criminal Code, committing sexual intercourse with a person under the age of 18 years is an offence punishable with imprisonment for 10–15 years and engaging minors under the age of 18 years for sexual exploitation is punishable with imprisonment for five years (section 135(c) of the Criminal Code). The Committee requests the Government to provide information on the application in practice of sections 119 and 135(c) of the Criminal Code, including the number of offences reported, investigations and prosecutions conducted and penalties applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. Trafficking. In its previous comments, the Committee noted the Decent Work Country Programme (DWCP) of Uzbekistan (2014–16), provides for, among others, the effective implementation of the national action plan for the application of the child labour Conventions, which will be supported with ILO assistance. It also noted the Government’s reference to Cabinet Resolution No. 132 of 2014 on additional measures to implement the ILO Conventions (2014–16) which indicates that, by the third quarter of 2014, a joint integrated plan of action will be developed and approved concerning the participation of employers and employees in the implementation of ILO Conventions on forced and child labour. Noting once again the absence of concrete information on this point, the Committee requests the Government to provide updated information concerning its efforts to eliminate the sale and trafficking of children under 18 years of age, including within the framework of the DWCP and Ministers’ Resolution No. 132.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Street children. Following its previous comments, the Committee notes the Government’s information that the Ministry of the Interior carries out a number of activities to protect homeless children and prevent them from being involved in criminal acts. The Centre for Socio-legal assistance to minors, which is operational in all regions of the country, provides accommodation, social, legal and medical assistance to minors in difficult situations. According to the data contained in the Government’s report, 8,416 minors in 2014 and 2,652 minors in the first quarter of 2015 were provided with assistance in these centres. Of the minors who received assistance in 2014, 4,424 are in professional colleges and academic lyceums and 2,552 are in general schools. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 July 2013, expressed deep concern at the increase in the number of children living and working on the streets who are subjected to the worst forms of exploitation, including begging, extreme marginalization, homelessness and are at risk of becoming victims of trafficking and sexual exploitation. The CRC also expressed concern at the lack of data on this issue and insufficient measures for addressing the situation of children on the streets (CRC/C/UZB/CO/3-4, paragraph 67).

While the Committee notes the Government’s efforts to provide certain assistance to minors in difficult situations, it observes that there do not appear to be specific measures in place to prevent and remove street children from the worst forms of child labour or to reintegrate them into education. The Committee accordingly requests the Government to provide information on the effective and time-bound measures taken to remove and protect street children from the worst forms of child labour and to provide for their rehabilitation and reintegration. It requests the Government to provide information on the specific measures taken in this regard and on the results achieved.