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

Uzbekistan

Forced Labour Convention, 1930 (No. 29) (Ratification: 1992)
Protocol of 2014 to the Forced Labour Convention, 1930 (Ratification: 2019)

The Committee welcomes the ratification by Uzbekistan of the Protocol of 2014 to the Forced Labour Convention, 1930, and duly notes the Government’s first report on its application and its replies to the Committee’s previous comments on the Convention.

The Committee notes the observations sent by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) received on 31 August 2023.

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. National plan and coordinated and systematic action. The Committee notes, from the Government’s report, that the National Commission on Combating Trafficking in Persons and Forced Labour (NCCTP-FL) coordinates the work of government agencies, public authorities and civil society organizations involved in this sphere. The Government reports that, in 2021 and 2022, the NCCTP-FL adopted and implemented sets of practical measures, or “Roadmaps”, with the aim of improving the effectiveness of government agencies in combating trafficking in persons and forced labour. Furthermore, the Government refers to the establishment of the National Rapporteur on combating trafficking in persons and forced labour, whose main tasks include the annual submission of information on the situation with regard to trafficking in persons and forced labour and on the measures taken to prosecute and punish perpetrators of such crimes. The National Rapporteur also provides the general public and the international community with reliable information on the measures being taken in the country through regular briefings and ensures effective cooperation and joint action in the field of combating trafficking in persons and forced labour.

The Committee requests the Government to provide detailed information on the activities of the NCCTP-FL and of the National Rapporteur on combating trafficking in persons and forced labour, in particular on the findings of the annual reports on the national situation with regard to trafficking in persons and forced labour and the measures taken as a result. It also requests the Government to continue to provide information on any more recently adopted Roadmap aiming to combat trafficking in persons and forced labour, and to indicate the measures taken to ensure an effective coordinated and systematized national action in this regard.

Article 1(3) of the Protocol and Article 25 of the Convention. Prosecution and application of effective penalties. Trafficking. The Committee recalls that section 135 an of the Criminal Code provides for penalties of imprisonment for human trafficking offences, the gravity of penalty depending on various aggravating circumstances. The Government indicates in its report that 165 cases relating to trafficking in persons were established under Article 135 of the Criminal Code in 2022 (162 in 2021) involving 219 victims (200 in 2021), with 204 persons prosecuted (172 women and 32 men); 121 cases pertaining to sexual exploitation and 14 involving labour exploitation. Among those accused, 115 received prison sentences, 32 were placed under custodial restraint, nine were placed on probation, one had their case closed, one suffered no punishment, and four were acquitted. In addition, the Government provides information on the measures taken in 2022 to improve the effectiveness of the activities to counteract trafficking in which include various training programmes for judges and prosecutors on the topic of trafficking and detection of cases, as well as a pilot anti-trafficking simulation exercise for law enforcement experts and public organization representatives.

The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacities of law enforcement, including labour inspectors, to detect and investigate cases of trafficking in persons, as well as on the number of prosecutions initiated, convictions handed down and penalties imposed under sections 135 of the Criminal Code. The Committee also requests the Government to provide a copy of the 2020 Law on Combating Trafficking in Human Beings, as well as information on its application in practice.

State-imposed forced labour. The Committee notes that section 51 of the Administrative Liability Code provides that Government-imposed forced labour in any form (except in cases provided for in law) is subject to a fine. Where the same offence is committed against a member of the teaching staff of an educational body, the penalty is a fine of a higher amount. Under section 255 of the Code, state labour inspectors and state legal labour inspectors shall have the right to consider cases of administrative offences under article 51 of the Code and apply administrative penalties. Moreover, the Committee observes that section 148(2) of the Criminal Code establishes penalties for administrative coercion to labour that is committed after the application of an administrative penalty for the same act, which include fines which are slightly higher than those under section 51 of the Administrative Liability Act, or deprivation of certain rights for up to two years (“prohibiting the guilty person from occupying one or another position or engaging in one or another activity”, section 45), or correctional work (“forcing a person to work while deducting from 10 to 30 per cent of the person’s salary at the expense of state income”, section 46) for up to two years.

The Committee notes the Government’s information concerning the number of cases heard relating to Government-imposed forced labour between 2020 and 2023, and the fines imposed as a result. The most recent of these cases are the 26 officials who were imposed fines amounting to 361.5 million Uzbekistani sum, in application of sections 51 and 255 of the Administrative Liability Code, for facilitating forced labour across all sectors. The Committee notes, however, the IUF’s observation that there is no special norm providing for criminal liability for forced labour in the legislation, and that the legislative provisions above are weakly implemented in the absence of an effective mechanism for monitoring and identifying violations. The IUF adds that reliable and objective information that these standards are effectively applied in practice, without any differentiation in relation to workers, is still lacking and that the right of workers to work without coercion is being ignored in practice.

The Committee reminds the Government in this regard that, by virtue of Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, and the penalties imposed by law shall be adequate and strictly enforced. It draws the Government’s attention to the fact penalties such as fines, deprivation of certain rights or correctional labour, which in effect consist of financial detriments, cannot be considered sufficient or effective, given the seriousness of the offence and the dissuasive effect that the penalties should have.

The Committee therefore requests the Government to take measures to ensure that, in accordance with Article 25 of the Convention, persons who impose forced labour are prosecuted and sanctioned with sufficiently dissuasive penalties. It requests the Government to provide information on the measures taken to ensure that thorough investigations and prosecutions are carried out so that effective and dissuasive penalties are applied to all persons, including public authorities, who impose forced labour.

Article 2 of the Protocol. Prevention measures. Clause (d). Protecting migrant workers from possible abusive and fraudulent practices during the recruitment and placement process. The Committee notes, from the IOM Uzbekistan website, that it appears that labour migration is much more important from Uzbekistan than to the country. It notes in this regard the Government’s information that the Agency for External Labour Migration provided legal assistance to 14,000 labour migrants engaged in work abroad, advisory services for 271,000 people, social assistance for 20,000, material assistance for 3,800, and one-off financial assistance for 14,000 migrants.

The Committee further notes the Government’s information that, in August 2022, representatives of the ILO, civil society and the tripartite bodies held seminars on the theme “Fair recruitment principles affecting seasonal agricultural workers” for all agricultural enterprises and clusters, and members of territorial committees. Moreover, according to the website of the Uzbek embassy in the UK, the 2020 Law “On Combating Human Trafficking” provides that costs associated with the employment of applicants outside the Republic of Uzbekistan will be borne by employers. Moreover, the Committee notes that IOM and the Government of Uzbekistan are currently in the first stage of development of a Migration Strategy 2025-2030.

The Committee requests the Government to provide more detailed information on the measures taken to prevent fraudulent recruitment practices that could lead to situations of forced labour of Uzbek workers both internally and abroad including, if relevant, through the adoption of the Migration Strategy 2025-2030. It also requests the Government to provide information on the process of placement of Uzbek workers abroad, indicating whether agencies are operational in Uzbekistan for that purpose and what regulations and monitoring are applicable in this regard.

Article 2(e). Supporting due diligence. The Committee notes, from Uzbekistan’s national report submitted to the Human Rights Council of 28 August 2023 (A/HRC/WG.6/44/UZB/1), that the Government, following consultations with government agencies, businesses and civil society institutions, has drawn up a draft national action plan for the implementation of the United Nations Guiding Principles on Business and Human Rights. The draft national action plan provides for legislative and other measures and for awareness-raising among all stakeholders of the obligation to respect human rights in business activities and calls for the further development of cooperation between government and business entities and civil society and for measures to ensure a continuous, inclusive and transparent process for respecting human rights in business activities. The Committee requests the Government to provide information on the implementation of the Action Plan for the implementation of the United Nations Guiding Principles on Business and Human Rights, once adopted, indicating to what extent the measures taken in this framework support due diligence by both the public and private sectors to prevent and respond to risks of forced labour.

Article 2(f). Addressing the root causes of forced labour. The Committee requests the Government to provide information on measures taken to identify and address the root causes and factors that heighten the risks of all forms of forced labour.

Article 3 of the Protocol. (i) Identification of victims. According to the Government’s report, the Ministry of the Interior (MOI) launched an information website and hotline in 2022, to help identify victims of trafficking and provide them with social and legal assistance. In 2022, the MOI dealt with 631 communications in connection with trafficking in persons: 160 via the hotline line and 471 via other sources. The Government states that, during the reporting period, the National Labour Inspectorate and national law enforcement agencies did not receive any communications from the public concerning cases of trafficking in persons for forced labour and that attention is being given to the issues of raising the skills and qualifications of those who specialize in uncovering crimes of trafficking in persons and identifying victims. The Committee requests the Government to continue to provide information on the measures taken to ensure the proper identification of all victims of forced labour, including trafficking in persons, and on the difficulties faced in this regard. Please provide information, including statistical data, on the victims of forced labour and trafficking, that have been identified and referred to protection mechanisms.

(ii) Protection and assistance. The Government indicates that the relevant government agencies, as well as NGOs, have worked systematically to protect and assist the victims of trafficking and forced labour. During 2022, 122 people, including 41 men, 61 women and 20 minors, received the services of the National Rehabilitation Centre for Assisting the Victims of Trafficking in Persons. The Centre provided vital medical, social, psychological and legal assistance for victims, and supported victims in finding work opportunities and undergoing vocational training. The Committee further notes, from website of the Uzbek embassy in the UK, that the 2020 Law “On Combating Trafficking in Human Beings” has introduced new concepts such as “victim of human trafficking”, “person suspected of being a victim of human trafficking”, “identification of victims of human trafficking”, and defines their rights. Moreover, pursuant to the Law, a resolution of the Cabinet of Ministers approved the system of “referral at the national level of victims of trafficking in persons or suspected of being victims of trafficking in persons”.

The Committee requests the Government to provide more detailed information on the assistance and protection framework established under the 2020 Law on Combating Trafficking in Human Beings, including as regards the implementation of the system of referral of victims and the granting of a recovery period. The Committee also requests the Government to provide information on the number of trafficking victims, both for labour and sexual exploitation, who have accessed social rehabilitation services, including details about the nature of these services.

Article 4(1) of the Protocol. Access to remedies, including compensation. The Committee notes the Government’s information that, in 2022, 70 victims of trafficking suffered injuries estimated at 540 million sum. Ten victims received 93 million sum in compensation, and the courts further assigned compensation for physical damages amounting to 445 million sum.

The Committee requests the Government to provide information on the legal framework establishing the right to compensation for victims of trafficking in persons as well as for victims of other forms of forced labour and on the measures taken to facilitate information on and access to compensation mechanisms. It also requests the Government to continue to provide statistical data in this regard, specifying the nature of the compensation and the damage covered.

Article 4(2) of the Protocol. Non prosecution of victims of forced labour. The Government states that there is no legal basis, nor is it government practice, to impose penalties on victims of forced labour who have been involved in unlawful activities. On the contrary, the relevant government agencies, as well as NGOs, have worked systematically to protect and assist the victims of trafficking and forced labour.

The Committee recalls that Article 4(2) of the Protocol requires ratifying Member States to ensure that competent authorities are entitled not to prosecute or impose penalties on victims of forced labour for their involvement in unlawful activities which they have been compelled to commit as a direct consequence of being subjected to forced or labour. The Committee therefore requests the Government to take measures to ensure that this principle is clearly enshrined in its legal system, either through statutory provisions or through clear instructions or guidelines to prosecutors.

Article 6 of the Protocol. Consultation with social partners. The Committee requests the Government to provide specific information on any consultations held with the organizations of employers and workers in the development and implementation of the national policy/roadmaps/action plans to combat all forms of forced labour.