Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Uzbekistan (Ratification: 1997)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. The Committee recalls that certain sections of the Criminal Code provide for various sanctions involving compulsory labour (such as deprivation of freedom, arrest and correctional labour) in circumstances covered by the Convention, namely:

• section 139 (defamation) and section 140 (insult);
• section 156 (incitement of national, racial, ethnic or religious enmity);
• sections 216 and 216-1 (creation or participation in the activity of prohibited social associations and religious organizations);
• section 216-2 (violation of legislation on religious organizations); and
• section 217 (violation of the procedure for organizing and conducting assemblies, meetings, street processions or demonstrations).

The Committee further recalls that similar offences are provided for in the Code of Administrative Offences, which provides for a sanction of “administrative arrest” for a term of up to 15 days, involving compulsory labour (section 346 of the Code) in circumstances covered by the Convention, namely:

• section 201 (violation of the procedure for organizing and conducting of public gatherings, meetings, street marches and demonstrations);
• section 202-1 (participation in the activity of illegal social associations and religious organizations); and
• section 240 (violation of legislation on religious organizations) and section 241 (violation of the procedure for teaching religion).

The Committee notes with regret that the Government does not provide information on the application in practice of these provisions. The Committee notes the IUF’s observation that there remain restrictions on an enabling environment for civil society and workers that embraces the fundamental freedoms of association, assembly, and expression continue. The Committee also takes note of a United Nations (UN) statement dated 3 March 2020, according to which the UN Human Rights Committee states that, while Uzbekistan has made progress in developing a culture of human rights, concerns remained about many people who remained imprisoned for political reasons. In this regard, the Committee takes note of another UN press release of 9 November 2023, in which UN experts expressed deep concern about the arbitrary detention of Uzbek human rights defender Dauletmurat Tajimuratov, who was arrested in July 2022 when police cracked down on a peaceful protest and charged in January 2023. He was sentenced to 16 years imprisonment on charges including “conspiracy to seize power or overthrow the constitutional order” and “preparation and dissemination of materials threatening public security and order”.

The Committee requests the Government to ensure that the abovementioned provisions of the Criminal Code and of the Code of Administrative Offencesare not used to punish persons who express political views or in a peaceful manner oppose the established political, social or economic system, with penalties involving compulsory labour. In this regard, the Committee requests the Government to provide information on the application of these provisions in practice, including on the number of prosecutions, convictions and penalties imposed as well as on the facts that led to the imposition of convictions.

In addition to the provisions, the Committee takes note of the information contained in the report of the Special Rapporteur on the promotion and protection of human rights while countering terrorism of 25 February 2022 (A/HRC/49/45/Add.1), according to which, despite some recent constructive amendments, much of the domestic law regulating terrorism-related offences is vague and ambiguously worded. She refers in particular to section 158 of the Criminal Code, which provides that insulting or slandering the President of Uzbekistan is punishable with up to five years of imprisonment, and section 159 of, which punishes attempts to undermine the Constitutional order of Uzbekistan, both provisions often applied in combination with terrorism offences. The Special Rapporteur highlights that the linkages between these provisions and terrorism offences are of serious concern, as non-violent criticism of State policies and actors should never constitute a criminal offence and create the concern that these provisions are used to discourage criticism of the State, the Government, its policies and institutions. According to the Special Rapporteur, this is reflected in the large number of individuals convicted solely for possession of extremist material.

The Committee observes the provisions above appear to be worded in terms broad enough to lend themselves to an interpretation and application that could be incompatible with Article 1(a) Convention, insofar as they could be used as a means of punishment for peacefully expressing political views through the imposition of sanctions of imprisonment involving compulsory labour.

The Committee requests the Government to provide information on the application in practice of sections 158 and 159 of the Criminal Code, including on the number of prosecutions, convictions and penalties imposed as well as on the facts that led to the imposition of convictions, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Article 1(d). Sanctions involving compulsory labour for participation in strikes. The Committee notes with regret that the Government does not provide information on the application in practice of section 218 of the Criminal Code, which provides a penalty of imprisonment for participation in prohibited strikes under conditions of a state of emergency.

The Committee once again requests the Government to provide information on the application in practice of section 218 of the Criminal Code, including on the number of prosecutions, convictions and penalties imposed as well as on the facts that led to the imposition of convictions, in order to enable the Committee to ascertain that no sanctions involving compulsory labour can be imposed for the mere fact of peacefully participating in strikes.

The Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87).