Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Ouzbékistan (Ratification: 1992)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 1 September 2017, on the Government’s alleged failure to comply with the principle of the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes with regret that the Government’s report once again contains no information in response to a number of its previous requests. The Committee wishes to stress that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including the progress achieved since its ratification. The Committee urges the Government to ensure that the next report contains full information on the points described below.

Article 1(1)(a) of the Convention. Legislation. The Committee previously noted that section 6 of the Labour Code which prohibits direct discrimination based on sex, age, race, nationality, language, social origin, wealth, employment status, religion, beliefs, membership of public associations, and any other circumstances not related to the qualifications of the worker or the results of his/her work, does not refer explicitly to the grounds of political opinion and colour, nor does it contain a prohibition on indirect discrimination. The Committee asked the Government to consider amending section 6 of the Labour Code accordingly, and in the meantime, to provide information on the steps taken to ensure that workers are protected in practice against discrimination on the grounds of political opinion and colour. The Committee notes that the Government has not provided new information in relation to its previous request. The Committee recalls that while the Convention does not impose a strict obligation to legislate in all of the areas covered, it does require the State to review whether legislation is needed to secure the acceptance and observance of the principles of the Convention. The necessity of legislative measures to give effect to the Convention must thus be assessed within the framework of the national policy as a whole. The enactment of constitutional or legislative provisions or regulations continue to be one of the most widely used means to give effect to the principles of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraphs 734–737). The Committee urges the Government to consider including in section 6 of the Labour Code an explicit reference to the grounds of political opinion and colour, as well as a prohibition of indirect discrimination. Until such amendments are made, the Committee urges the Government to identify the measures adopted to ensure that workers are protected in practice against discrimination based on political opinion or colour in all aspects of employment and occupation. The Committee also asks the Government to provide information on the practical application of section 6 of the Labour Code, including copies of relevant administrative or judicial decisions.

Gender equality in employment and occupation. In its previous comments, the Committee noted: (i) the persistence of horizontal and vertical segregation in employment and occupation; (ii) that girls and women remained under-represented in academic lyceums, vocational training, and institutes of higher learning, and that choice of specialties in learning institutions differed between men and women; and (iii) that the Government was in the process of improving a draft law on “guarantees of equal rights and equal opportunities for women and men” aimed at preventing discrimination against women. The Committee encouraged the Government to promote women’s access to a wider range of jobs and to vocational training, and to provide information in this regard. The Committee notes that the Government’s report is silent on these issues. It notes from the IUF’s observations, however, that approximately 30 per cent more women have an incomplete higher education as compared to men; that there are 1.5 times more men than women in higher education, and that there are twice as many men in doctoral studies. The IUF alleges that when participating in job interviews, women are asked questions concerning their marital status and their plans for child-rearing. The Committee also notes, from the IUF’s observations under the Equal Remuneration Convention, 1951 (No. 100), that the draft law on “guarantees of equal rights and equal opportunities for women and men” was never adopted and that women face a number of gender-related issues such as unequal access to financial services and having to combine both their business activity and domestic duties. The Committee notes from the Report of the United Nations Special Rapporteur on freedom of religion or belief that, in order to fight gender segregation, awards are granted to girls entering higher education and a financial incentive is given to increase entrepreneurship among women (A/HRC/37/49/Add.2, 22 February 2018, paragraph 90). The Committee notes from the Uzbekistan Gender Statistics available on the Government website, that horizontal and vertical segregation in employment and occupation persists. In 2016, women still made up 45.7 per cent of the labour force but they continued to be over-represented in the health and education sectors (where they respectively represented 76.5 per cent and 75.6 per cent of the workforce) and under-represented in the construction (5.8 per cent) and transportation (7.2 per cent) sectors. The Committee asks the Government to provide information on the concrete steps taken to promote women’s access to a wider range of jobs including occupations with career opportunities, and to encourage their participation in a wide range of vocational and technical training and fields of study, and to provide information on the impact of these measures on gender segregation in the labour market. The Government is also asked to provide statistical information on the distribution of men and women respectively in the different economic sectors and occupations, as well as in vocational and technical training. The Committee asks the Government to indicate whether the draft law guaranteeing equal rights and equal opportunities for women and men has been abandoned or whether it is still being discussed with a view to enactment.

Persons with disabilities. In its previous comments, the Committee noted that Law No. 355 of 2013 amended section 68 of the Labour Code, to provide additional guarantees to persons with disabilities including job creation, special training programmes, the employer’s obligation to accept employment agency referrals and employment quotas. Noting the absence of information provided in this regard, the Committee reiterates its request that the Government provide information on specific measures taken or envisaged under section 68 of the Labour Code including participation rates in training programmes and subsequent employment, and employment quotas for persons with disabilities.

National and ethnic minorities. The Committee previously noted that Roma fared below the national average in educational achievement, were concentrated in low-paying employment, and that members of ethnic minorities in general were under-represented in the judiciary and in public administration. The Committee asked the Government to provide information on the measures taken to address the situation. Noting the lack of information in the Government’s report in this regard, the Committee once again asks the Government to provide information on the measures taken to address the situation of the members of the Luli/Roma community and to promote their equal opportunity and equal treatment in employment and occupation. Once again, it asks the Government to provide information on the actual situation of national and ethnic minority groups in the country with regard to access to employment and particular occupations, and to provide relevant data, disaggregated by ethnic origin and sex, in this respect.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee previously noted that paragraph 39 of the 2014–16 General Agreement on Social and Economic Affairs signed between the Cabinet Ministers, the Council of the Federation of Trade Unions, and the Chamber of Commerce and Industry stated that it is necessary to adhere to the Convention when complying with guarantees and benefits offered under national law. The Government previously indicated that each year, the Ministry of Labour and Social Protection and the Council of the Federation of Trade Unions approve and implement a Joint Initiatives Plan comprised of five sections including payment for work and the setting of norms, legal protection, employment and the labour market, and legal knowledge and public-awareness campaigns. The Committee notes the Government’s indication that a new General Agreement 2017–19 on Social and Economic Affairs was concluded between the parties. This seeks to promote equal rights and non-discrimination in the work place by increasing awareness of the law through courses, seminars and programmes. It notes, however, that no information is provided on concrete steps taken to give effect to the Convention in practice. The Committee asks the Government to provide a copy of the 2017–19 General Agreement and detailed information on the concrete steps taken by the social partners to promote and increase awareness of the law on equality and non-discrimination in the work place, such as by organizing seminars or training or developing handbooks or guides, codes of conduct, etc. Noting the absence of information provided in this regard, the Committee once again asks the Government to provide information on any aspects of the most current joint initiatives plan which relate to equal opportunities and non-discrimination in employment and occupation.

Enforcement. The Government previously indicated that during 2013 and the first half of 2014 the Ministry of Labour and Social Protection had not received any complaints of racial discrimination. Recalling that the absence of cases or complaints is not a sign of an absence of discrimination occurring in practice, the Committee asked the Government to provide information on the steps taken to raise awareness of the relevant legislation. It notes the Government’s statement that the Federation of Trade Unions of Uzbekistan carries out public monitoring of compliance with labour law with regard to employment. The Government further states that, when labour inspectors carry out inspections and monitoring exercises, they also check that employers comply with the Convention. The Committee notes, however, that the IUF alleges that there is no public understanding of what constitutes discrimination and that legal assistance is seldom available, making it difficult for victims of discrimination to enforce their rights. The IUF adds that in practice, only isolated incidents concerning discrimination have been heard by the courts and it further states that there are no official statistics available on the number of cases reviewed by the courts involving discrimination and that there have been no discrimination complaints made to the labour inspectorate. The Committee encourages the Government to take concrete action to:

• (i) raise awareness of the relevant legislation among workers and employers, for example, through educational programmes or publication of guidelines or handbooks;
• (ii) enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination; and
• (iii) examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

The Committee once again asks the Government to provide information on the number and nature of cases concerning discrimination addressed by the courts and the labour inspectorate.