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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Uzbekistan (Ratification: 2016)

The Committee previously requested the Government to provide its comments on the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) alleging the imprisonment of two activists attempting to form an independent trade union, and the death of Mr Nuriddin Jumaniyazov, one of the imprisoned activists, while in detention. The Committee notes the Government’s indication that the conviction of the above-mentioned activists was not related to any attempt to create a trade union, as they were imprisoned for human trafficking, and that the death of Mr Jumaniyazov was due to health and age-related reasons.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations.Distinction based on nationality. In its previous comments, the Committee noted that sections 4 and 7 of the Law on Trade Unions (LTU) granted the right to organize only to citizens. The Committee noted the Government’s indication that all workers in its territory enjoyed this right due to the broad definition of “citizens” contained in section 16 of the Civil Code, and requested it to consider amending the LTU so as to avoid any possible ambiguity or conflict in its interpretation. The Committee notes that the Government indicates that section 37 of the Labour Code provides the right to organize to all workers, in conformity with the Convention. While taking due note of the above, the Committee reiterates its request that the Government consider amending the LTU with a view to avoiding any ambiguity.

Police and armed forces. The Committee previously noted that section 2 of the LTU provided that specific provisions could be established for the application of this law in the armed forces, internal affairs offices, the National Security Service, the National Guard and other military forces. The Committee noted the Government’s indication that there were no obstacles to freedom of association for civilians working in internal affairs agencies and the National Guard, where trade union organizations had been established, and requested it to indicate if that was also the case in the armed forces and the National Security Services. The Committee notes that the Government states that civilians working in the armed forces and the National Security Services also enjoy freedom of association. The Committee requests the Government to indicate whether any trade union organizations have been created within the armed forces and the National Security Services.

Right of workers and employers to establish organizations of their own choosing. Minimum membership requirement. The Committee previously noted that section 13(e) of the Regulations on the Procedure for State Registration of Non-Governmental Non-Commercial Organizations provided that at least 3,000 participants were required to register a non-governmental non-commercial organization in the form of a trade union, and that section 6 of the Law on Public Associations (LPA) stipulated that republican trade unions (whose activities and chartered goals are distributed over the entire territory of the republic) must have no less than 3,000 members. It requested the Government to review this minimum membership requirement to ensure that it did not hinder the right of workers to form and join organizations of their own choosing. The Committee notes that the Government informs that, in order to simplify the registration of trade unions, a draft law proposing amendments to the LPA was developed and is expected to reduce the requirement provided in section 6 from 3,000 to 1,000 members. Considering that a minimum membership requirement of 1,000 members could still hinder the establishment of organizations, the Committee requests the Government to take the necessary measures, in full consultation with the social partners, to lower it to a reasonable level, both in the LPA and the Regulations on the Procedure for State Registration of Non-Governmental Non-Commercial Organizations, and to provide information on all developments in this regard.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes. Financial management. In its previous comments, the Committee noted that section 20 of the LPA, which provided that financial agencies carried out monitoring of the sources of finances and income of public associations, the quantity of the contributions they received and their payment of taxes, did not apply to trade unions, and requested the Government to indicate how it applied to employers’ organizations. The Committee also requested the Government to indicate whether the obligations contained in section 8 of the Law on Non-Governmental Non-Commercial Organizations (ensuring accessibility to information about the use of their property and funds; coordinating with the registration authority the holding of events, as well as the receipt of funds and property from foreign states, international and foreign organizations, or citizens of foreign states; informing the registration authority about the visits of their representatives to foreign countries; and submitting reports on their activities to the registration authority, state tax service authorities and state statistics authorities) were applicable to trade unions and employers’ organizations. The Committee notes the Government’s indication that, on the basis of section 9 of the LTU, trade unions are independent in their activities, including financial activities, from state authorities, and are not accountable to or controlled by them. Taking due note of this information, the Committee requests the Government to indicate how section 20 of the LPA and section 8 of the Law on Non-Governmental Non-Commercial Organizations apply to employers’ organizations.

Internal administration. The Committee also requested the Government to amend section 20 of the LPA, which allowed the Ministry of Justice and its agencies to demand from the governing body of a public association an accounting of the decisions taken, to send its representatives to participate in the activities carried out by the public association, and to receive explanations from members of the public association and other citizens concerning compliance with the public association’s charter. Noting with regret that the Government does not provide any information in this regard, the Committee once again requests it to amend the legislation so as to ensure that public authorities are not allowed to interfere in the internal administration of trade unions and employers’ organizations, and to provide information on any measures taken in this respect.

Right to strike. The Committee previously noted the allegation of the IUF that most strikes were prohibited and punishable under section 218 of the Criminal Code and section 201 of the Administrative Code. It noted with regret that sections 570 to 578 of the new Labour Code, which contained the procedure for the resolution of collective labour disputes, did not refer to the right to strike, and requested the Government to modify its legislation with a view to ensuring full recognition of the right to strike. The Committee notes the Government’s indication that the Parliament is currently conducting hearings on a bill to amend the Labour Code to allow the right to strike, and that the responsible ministries and departments are studying international practices in this regard. The Committee expects the Government to take, in consultation with the social partners, all necessary measures towards the amendment of the Labour Code without further delay with a view to ensuring full recognition of the right to strike. The Committee requests the Government to provide information on all developments in this regard, and reminds it that it may avail itself of ILO technical assistance if it so wishes.

Article 4. Use made of the assets of dissolved organizations. In its previous comments, the Committee noted that according to section 36 of the Law on Non-Governmental Non-Commercial Organizations, the property of a public association which had been liquidated by a court decision could not be distributed among its members. The Committee noted the Government’s indication that section 20 of the LTU provided that the charters of trade unions needed to contain a procedure for the management of their assets, and requested the Government to indicate how the assets of employers’ organizations were distributed in the event of dissolution. The Committee notes the Government’s indication that, according to paragraph 24 of the Regulation on the Procedure for Liquidation of Non-Governmental Non-Commercial Organizations, if any property remains after fully satisfying the creditors’ claims, the liquidation commission should either use it in the way specified in the court decision for the purposes of the dissolved organization or transfer it to other organizations performing similar activities.

Application of the Convention in practice. The Committee previously requested the Government to provide its comments on the allegation of the IUF that it was impossible to establish independent trade unions in the country outside the traditional structure of the Federation of Trade Unions of Uzbekistan (FPU), which was controlled by the State. It also requested the Government to provide statistical information on the number of registered employers’ organizations. The Committee notes the Government’s indication that: (i) there are 14 sectoral trade unions operating in the country with a total membership of 5.5 million people; (ii) a trade union of workers from a mining company, which has 70,000 members, operates independently of the FPU, although the two organizations have signed a cooperation agreement; (iii) most workers are aware that they can form trade union organizations and that membership is voluntary; and (iv) three organizations representing employers’ interests have been established.