Cas individuel (CAS) - Discussion : 2013, Publication : 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Ouzbékistan (Ratification: 2008)



The Government provided the following written information.

Having ratified the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government had consistently been implementing the National Plan of Action in this area. For example, the Labour Code provided the minimum age for employment – 16, in exceptional cases, with the permission of parents or persons replacing them – 15. For workers below 18 years, employers are obliged to provide necessary conditions for a combination of work with study and privileged terms for work and rest, to ensure the observance of the labour safety norms, including prevention from dangerous types of labour. Moreover, on 26 March 2012, the Cabinet of Ministers adopted the decision “About additional measures for the realization in 2012–13 of the Forced Labour Convention and the Convention concerning prohibition and immediate action for the elimination of the worst forms of child labour, ratified by the Republic of Uzbekistan”. In addition, the system of state institutions for the elimination of the worst forms of child labour was created. The special Commission on Affairs of Minors of the Cabinet of Ministers, headed by the General Public Prosecutor had been functioning, whose competence included deciding practically all questions concerning the elimination of the worst forms of child labour. With the decision of the Cabinet of Ministers on 24 March 2011, the inter-institutional Working Group on the preparation and presentation of the information on the implementation of the ratified ILO Conventions was formed.

With a view to eliminating forced labour and the worst forms of child labour, comprehensive measures were developed, connected with the creation of about 1 million jobs annually, by ensuring the employment of not less than 500,000 graduates of the vocational colleges that were for the first time entering the labour market. On 29 July 2009, the Ministry of Justice registered the new edition of the list of jobs with adverse working conditions, forbidden for workers below 18 years (No. 1990), that was developed by the Ministry of Labour and Social Protection and the Ministry of Health, according to the Labour Code and the decision of the Cabinet of Ministers, No. 207 of 12 September 2008. In addition, with the joint decision of the Ministry of Labour and Social Protection and the Ministry of Health of 21 January 2010, “The regulation about the requirement for elimination of the use of labour of youth” was confirmed, according to which the use of youth labour in the following jobs is prohibited: (a) underground, underwater, at dangerous heights or in closed spaces; (b) with dangerous mechanisms and in unhealthy conditions at which the minor can be exposed to the influence of dangerous substances or the processes harming his or her health; (c) the jobs carried out in especially difficult conditions (work at night, etc.); (d) which by its character can damage the morals of this category of workers; and (e) connected with lifting and moving the weights exceeding the established limits. The State Labour Inspectorate of the Ministry of Labour and Social Protection carried out regular monitoring with respect to compliance with the labour legislation regarding minors.

In 2012, during monitoring by the State Labour Inspectorate, 448 cases of violations of the labour legislation concerning minors were revealed, 432 instructions were given out, 36 officials were charged with administrative responsibility and fined more than 13.1 million Uzbek soms (UMS). Violations of the labour legislation with respect to minors typically concerned the following: guarantees of employment of persons below 18 (section 239 of the Labour Code); rights in the field of occupational safety and health; working hours; granting of holidays (section 240); labour record books (section 81); termination of the labour contract (sections 97, 99 and 100); and registration of the contract (section 107).

The major factors in the fight against the worst forms of child labour were the measures adopted for the creation of jobs and youth employment. These measures included graduates of educational institutions, the reformation of the education system providing 12 years’ compulsory education for all children, the vast system of social protection, including the developed infrastructure, the mechanisms of material aid for families, and custody and guardianship. There was no mass spread of the antisocial phenomenon such as “neglect of children” which was the major factor of generating the worst forms of child labour in many countries; there was no child slavery and recruitment of children in armed conflicts. Thus there was an artificial inflation of the issue about “as if mass, long-lasting forced labour of children on the cotton fields of Uzbekistan”. The use of child labour as a method of unfair economic competition was unacceptable, and Uzbek cotton took the leading position in the world market due to its quality.

The world community had developed concrete norms defining the admissibility of child labour, including in agriculture. ILO Convention No. 138 does not limit the possibility of the involvement of children in feasible labour activities in domestic work or in family businesses as “helping” members of a family. ILO Convention No. 182 specifically defined the kinds of activities which are certainly unacceptable. From this it followed that a selective approach, both to the Convention and its implementation in the individual countries was inadmissible. The Government had presented information on the implementation of this Convention (and others) in due time. However, for the last four years the Committee of Experts, not properly estimating the official information provided by the Government, had been referring to the unconfirmed data of the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC), that the Government forced schoolchildren (estimated at half a million to 1.5 million children of school age) to work in a national campaign for the cotton harvest for a period of about three months every year. The Committee of Experts had also been referring to unfounded statements of the ITUC that about half of all harvested cotton in Uzbekistan was grown by forced child labour, that while gathering cotton there were accidents leading to injuries and deaths of schoolchildren, that they were not allowed to go to the doctor even if they were sick, that for each region quotas on gathering of cotton were established and that the governors of the regions (hokims) were assigned to ensure the implementation of these quotas.

It had called on the Government to adopt immediate and effective measures to eliminate forced labour and hazardous work of children up to 18 in cotton production. The following concrete facts showed the inconsistency of these conclusions: all cotton, for example, in 2012, more than 3.4 million tonnes, in Uzbekistan was gathered by private commodity producers – farmers (there were about 70,000 farms and more than 1.4 million people occupied them) within 30–40 days, according to concluded contracts in advance, and these farmers had no economic interest in attracting additional workers; the representative office of the United Nations Children’s Fund (UNICEF) in Uzbekistan, on the basis of data of the monitoring carried out in 2012, ascertained that pupils of schools were not involved in cotton harvesting; and according to the Ministry of Health in 2012, during the cotton harvest in 6,161 places measures were taken to ensure the delivery and storage of drinking water; and 6,583 toilets were installed; 7,902 kilograms of antiseptics were distributed; and 7,700 canteens were set up.

Thus it was necessary to distinguish between child labour and its worst forms which involved infringements of the rights of the child and demanded elimination. With a view to implementing effective measures on the elimination of forced labour and the worst forms of child labour, the practice of parliamentary hearings on labour and social development had been introduced. In 2011 and 2012, the members of Parliament heard the reports of the Ministries of Labour and Social Protection, and of Higher and Secondary Special Education concerning the implementation of programmes for the establishment of workplaces and the maintenance of employment including for graduates of educational institutions. Concrete work was done to bring to the attention of concerned ministries, agencies and public organizations, and also the international organizations, such as the ILO, the United Nations Development Programme (UNDP), and UNICEF, the measures adopted by the Government to implement the ratified Conventions of the ILO. For this purpose, the Ministry of Labour and Social Protection held a seminar in Tashkent City in May 2012 on the theme “Realization of substantive provisions of the ILO Conventions ratified by the Republic of Uzbekistan” and meetings in the corresponding ministries and agencies were held. The ILO participated in both the seminar and bilateral meetings. The participants of the seminar and the organized meetings recommended developing cooperation with the ILO by drafting and undertaking concrete programmes; informing the ILO and other international organizations about the measures adopted on the implementation of the ILO Conventions; and carrying out monitoring of observance of requirements of the ratified ILO Conventions, including concerning forced labour and the worst forms of child labour.

The information set forth above, and also materials requested by the Committee of Experts concerning the implementation of the Convention, as well as the Forty-Hour Week Convention, 1935 (No. 47), the Holidays with Pay Convention, 1936 (No. 52), the Abolition of Forced Labour Convention, 1957 (No. 105) and the Employment Policy Convention, 1964 (No. 122), were officially presented to the ILO secretariat, and on the eve of the present session of the International Labour Conference, the positive reply from the International Labour Standards Department of the International Labour Office was received. If the results of the abovementioned measures on implementation of the ratified Conventions on the elimination of forced labour and the worst forms of child labour were recognized, it would be necessary to reflect them appropriately in the decisions of this Committee. With a view to increasing awareness on measures carried out in Uzbekistan on the implementation of the ratified Conventions, including concerning forced labour and the worst forms of child labour, it has been considered possible, in the context of discussions concerning cooperation with the ILO and the European Union (EU), the Ministry of Labour and Social Protection, the Council of the Federation of Trade Unions, the Chamber of Commerce and Industry, and the National Centre of Uzbekistan for Human Rights to carry out, in November–December 2013 in Tashkent City, a round table on “the prospects of technical cooperation on the implementation of the international obligations of Uzbekistan in the ILO framework”. Representatives of the ILO and its Moscow Office, the European Commission, the international organizations accredited in Uzbekistan (UNDP, UNICEF, UzbyuroKES, etc.), and also foreign representatives of workers and employers, with the participation of representatives of the interested ministries and agencies, members of Parliament and the representatives of non-governmental organizations of Uzbekistan, would be invited. During the round table and bilateral meetings, consideration of the following basic questions would be proposed: cooperation with the ILO on the implementation of the national plan of action on the realization of the Convention, including concerning the organization and carrying out of monitoring of the worst forms of child labour; participation of trade unions, as representative bodies of workers, in practical realization of ILO Conventions on forced labour and the worst forms of child labour, the rights of representatives of workers at the enterprises and to collective bargaining; participation of employers (the Chamber of Commerce and Industry, the Council of Farmers) in the realization of the ratified Conventions on forced labour and the worst forms of child labour, and also the state policy of the development of businesses and ensuring access to employment by the population; prospects of ratification of various Conventions and Recommendations of the ILO, presentation of country reports to the ILO; protection of the social and labour rights of citizens in the light of the ratified Conventions of the United Nations and the ILO; implementation of the international social and labour standards through the national legislation, etc.

In addition, before the Committee a Government representative stated that the protection of children’s rights was one of the priorities of the country, which was implemented through coherent and systemic policies including: (i) the adoption of legislation and the further improvement of existing legislation on children’s rights; (ii) the strengthening of supervisory mechanisms; (iii) the assistance to non-governmental organizations, the media and civil society organizations; and (iv) international cooperation with the relevant United Nations specialized agencies related to the rights of the child. In the context of the economic crisis, the Government was pursuing a policy aimed at preventing the worsening of living conditions, particularly of children, and significant progress had been made in the areas of education, health, and gender equality. All these policies aimed at giving full effect to the provisions of ILO Conventions, including Convention No. 182.

The Government had adopted a national plan of action under which specific measures to eliminate the worst forms of child labour had been implemented, including the adoption of a legislative framework, provisions in the national legislation on the minimum age for admission to employment or work and on the worst forms of child labour, as well as special protection measures for children under 18 years of age. In addition to the written information provided to this Committee on the issues to be discussed during the round table in November–December 2013 which has been proposed, as well as in bilateral meetings, he mentioned the issue of capacity building of the tripartite partners through training and international reporting on future legislation. In addition, during the Universal Periodic Review of the second report submitted to the United Nations Human Rights Council, the Government accepted 101 recommendations, 23 of which related to the protection and guarantee of children’s rights. He affirmed his Government’s willingness to implement a tripartite Memorandum of Understanding on cooperation with the UNDP and UNICEF covering 2013–16 which included a package of measures. The recent visit of the United Nations Assistant Secretary-General on Human Rights to Uzbekistan on 27–28 May 2013 also demonstrated the willingness to cooperate on the recommendations made by the Office of the High Commissioner for Human Rights and UNDP. In May 2013, a mid-term report related to cooperation between the Government and UNICEF was also discussed and made a recommendation on monitoring and protection of children’s rights. The discussion on the Government’s third and fourth periodic reports had also taken place in the Committee on the Rights of the Child, and reports had been submitted on a range of issues, including trafficking, prostitution and armed conflict. Further, there had been discussions with the European Commission and bilateral discussions with a number of countries, including the United States.

Turning to some of the constraints in implementing the provisions of the Convention, he stated that these were related to the global economic recession and its impact on vulnerable groups and communities, and stressed that the aggregate effect on the quality and means to implement the Convention had to be taken into account. This also included the serious ecological situation and the water issue in Central Asia which had an impact on food security and access to water. Central Asia had great difficulties with ensuring peace and stability, which had a bearing on trafficking in children. Religious extremism and terrorism also undermined stability. Overall, further strengthening of the organizational and legal mechanisms was needed to ensure respect for the rule of law in the country and respect of children’s rights. His Government fully supported ILO action in this area and was committed to an impartial, open and constructive form of cooperation to improve the situation with respect to the rights set out in the Convention. It was committed to fulfilling its international obligations and to implement the recommendations of the Committee of Experts, in cooperation with the ILO.

The Worker members noted that the Committee was yet again discussing the forced participation of children in cotton production in Uzbekistan, often in hazardous conditions. They also noted the conflicting statements on the subject. On the one hand, the Government claimed that now that the law prohibited children from working, that monitoring arrangements were effective, that the economy had developed and that the private sector was responsible for the harvesting, there was no longer any forced child labour in the sector. On the other hand, the ILO social partners (the ITUC and the IOE) presented figures and reports showing that forced labour of children still existed during the cotton harvests. Moreover, several international bodies, including UNICEF, had observed first-hand in the autumn of 2011 that children between 11 and 17 years of age were working full-time in the cotton plantations, that their mobilization was organized by the public authorities and that, in some cases, the plantation owners themselves had made private arrangements with schools. The central authorities set quotas for the regional governments, and these in turn set quotas for the schools.

The Worker members emphasized that there had recently been a change in the time-honoured practice. Although the work was now for shorter periods in the more densely populated areas and fewer of the working children were under the minimum age, that this was done at the expense of students between 16 and 18 years of age who were taken on under particularly harsh conditions. As to monitoring the implementation of the Convention on the ground – another point raised by the Committee of Experts – the Worker members noted the Government’s claim that all the necessary arrangements had been made to prevent forced labour among children. The Worker members would like to see for themselves just how such a deeply rooted practice had been done away with so quickly, especially as the Government had not provided any specific information on the number of offences recorded and the number of people prosecuted for mobilizing child workers for the cotton harvest. Since the Government maintained that children were no longer involved in the cotton harvest, there was no reason why it should not allow independent monitors to verify the situation in the country itself.

The Employer members indicated that there was broad consensus among the social partners concerning the matter at hand. Since the ratification of the Convention in 2008, the Committee of Experts had commented every year on the Government’s failure to comply with its obligations under the Convention, and this was the fourth year in a row that the issue of children being forced to work in the cotton harvest had been taken up by this Committee. The Employer members reiterated their concern about the systematic and persistent use of children in the cotton harvest for up to three months in a year and the negative impact of this practice on the health and education of children, as previously discussed. The social partners, together with other non-governmental organizations had provided information that children continued to be pulled out of school for the harvest. Despite improvements made in one region, it did not appear that the situation described in the 2011 UNICEF report, and noted by the Committee of Experts in its last report, had substantially changed from 2011 to 2012. The only difference appeared to be a reduction in the number of children under the age of 16 forced to work in the harvest, while the number of children between 16 and 18 years of age who were being forced to work during this period, instead of attending school, had increased. The Employer members emphasized that the Convention defined children as being under the age of 18, and that moving the problem from one group of children (under 16 years of age) to another group of children (under 18 years of age) did not cure the lack of compliance, but created another compliance issue.

While the Employer members appreciated the ratification of fundamental Conventions by member States, including Convention No. 182, such ratification was meaningless if it was not accompanied by effective implementation and a demonstrated commitment to live up to international obligations. They further expressed concern that this Committee still had to deal with this long-standing problem and that the Government had provided a similar response in each of the years that the Committee had dealt with the case. Moreover, it was particularly worrying when a member State ignored the conclusions of the Conference Committee, including the request in 2010 and 2011 to accept a high-level mission to allow for the effective monitoring during the harvest season. The Employer members emphasized that, as a minimum, the Government had to allow ILO monitoring during this year’s harvest period with full access to all regions of the country. They expressed the hope that such monitoring would show that the Government’s actions matched its words.

The Worker member of Uzbekistan indicated that the Ministry of Labour and Social Protection, the Chamber of Commerce and the trade unions in the country were working together for the effective implementation of international labour Conventions. She particularly emphasized the role of trade unions and their participation in various activities in this regard. The implementation of the Convention was being ensured through a relevant tripartite agreement, as well as standards related to the prohibition of child labour in a great number of agreements at the sectoral, regional and enterprise level. On the basis of the recommendations made by this Committee, working groups for the monitoring of child labour and combating its worst forms had been set up, working together with the trade unions at all levels within an agreed framework. These activities had shown that there had been no use of child labour or lack of school attendance. Only in one region two high-school students were found to be working with their parents after school, which had resulted in the release from duty of the headmaster of the relevant school. In her view, the social monitoring of legislation by trade unions would guarantee social and economic protection, including of those working in the cotton harvest. She further highlighted awareness raising and educational measures on child labour and forced labour during harvest among farmers, parents and teachers disseminated through publications, media programmes and education centres. Annual round tables, particularly relating to forced labour, were also being organized with the Government and the social partners, and annual training courses were being held on the rights of children for regional authorities with the participation of trade unions. Furthermore, they were also aiming at eradicating child labour through leisure activities particularly for disadvantaged children up to the age of 14 years, and work and cultural activities for children above the age of 14 years. Furthermore, promotional activities were aimed at encouraging children to go into higher education. Considering the measures taken, she requested that Uzbekistan be removed from the list of individual cases of this Committee, and expressed interest in ongoing technical cooperation on the basis of mutually accepted standards for the enhancement of the rights enshrined in the Convention.

The Employer member of Uzbekistan elaborated on the various activities which the Chamber of Commerce had carried out since its creation in 2004, namely its participation in the plan of action to implement ILO Conventions, including the Convention, its programme to create new jobs, especially in the rural areas, the seminars to identify relevant legal provisions and the dissemination of brochures regarding legal provisions on minimum age and the Convention. He pointed out that with agriculture being exclusively a private sector activity with high dynamic growth, the Government needed to create the necessary conditions for business; a dialogue was already ongoing in this respect. Historically, his country had always given great importance to education and science, and the Chamber of Commerce was working hard to cooperate with educational institutions in this regard. While social dialogue had been established only very recently in the country, he considered this a success as this had led to legislation on minimum age and a national monitoring mechanism, although this mechanism could be improved to take into account ILO standards. He affirmed the commitment of the employers of Uzbekistan to cooperate with the ILO and the EU to implement programmes, and considered that technical cooperation could improve competitiveness based on shared experience. It was necessary to further improve the national monitoring system to implement and apply ILO Conventions, in cooperation with the ILO Offices in Geneva and Moscow and the workers’ and employers’ representatives. It was difficult to achieve results in a short time and he expressed the hope that the ILO would provide the support needed and assist workers and employers.

The Government member of Switzerland noted that the question of forced labour for picking cotton among children in Uzbekistan was still being raised by international bodies and civil society. It was unfortunate that the Committee should once again have to examine this case and that so little progress had been made since 2011. The disparity between the country’s legislation and the facts on the ground was flagrant. Her Government therefore called on the Government to take urgent steps to bring the actual situation into line with the law. She emphasized that it was very difficult for people in the cotton supply chain to comply with legal requirements if the Government itself forced children to take part in the harvesting. The fact that legal action had been taken against several national contact points regarding their compliance with the Organisation for Economic Cooperation and Development’s (OECD) Guidelines for Multinational Enterprises in their dealings with Uzbek cotton merchants spoke for itself. The Government was strongly urged to accept a tripartite observation mission in the near future and was encouraged to issue a general authorization for all competent actors involved to conduct checks on the cotton harvest.

The Worker member of Turkmenistan referred to close cooperation with Uzbekistan and indicated that a package of measures had been applied to ensure the elimination of the worst forms of child labour. The national legislation prohibited forced labour, and all collective agreements contained chapters on minimum age and the prohibition of the worst forms of child labour. In order to ensure fully the effective monitoring and application of standards, it was necessary to have in place a mechanism of social monitoring by trade unions. Since the trade unions in Uzbekistan were very active at the local, national and central levels, they could provide assistance in this regard. Considering all of the above, it was thus justified to remove Uzbekistan from the list of individual cases to be discussed by the Committee.

The Government member of Turkmenistan welcomed the efforts made by the Government to apply the Convention, as evidenced by the fact that its legislation was fully in line with the Convention and that a national mechanism for monitoring compliance with legislation on child labour had been introduced. The Government had taken effective steps to eliminate the worst forms of child labour, not only in the cotton sector but also with respect to a wide range of illicit activities. In addition, the 12 years of compulsory schooling provided by the country’s education system represented another major success in avoiding the use of child labour. His Government further welcomed the increased cooperation between the Government and the ILO. Joint seminars had been held, and technical assistance provided, to incorporate ILO Conventions into domestic legislation. He also observed that the activities of workers’ and employers’ representative organizations to safeguard the rights of workers and children had intensified. Based on the above, he requested that the Committee should not continue its consideration of the application of the Convention by Uzbekistan at its current session.

A representative of the European Union, speaking on behalf of the European Union (EU) and its Member States, as well as Croatia, Iceland, Montenegro, Serbia, The former Yugoslav Republic of Macedonia, Albania, Bosnia and Herzegovina and Norway, reiterated their strong condemnation of the use of forced child labour and asked governments to make all efforts to eliminate such phenomenon. While having noted the Order issued by the Prime Minister in August 2012, and the concrete progress registered last year as regards the use of child labour during the cotton harvest, they called on the Government to firmly lock in and build upon this progress this year and in the years ahead. They remained seriously concerned with the persistent use of child labour among children above 15 years of age, often in conditions that could be hazardous work, and with the continued failure by the Government to fully implement the Convention. They urged the Government to resolutely step up its efforts towards implementing the Convention by re-engaging with the ILO on a broad-based, time-bound and long-term cooperation programme with a view to eradicating child labour in the cotton sector. The Government should take all appropriate measures for its cooperation agenda with the ILO to be set up in good time for the forthcoming cotton harvest. A sustainable solution to the child labour issue was essential if the efforts that the Government was putting in its health and education sector were to be really successful.

The Employer member of Turkmenistan expressed the view that the Government had implemented a broad package of measures to combat the worst forms of child labour, including legislative measures which were implemented in the framework of a plan of action actively involving workers and employers, and the establishment of an educational system with 12 years of compulsory education, covering all children up to 18 years of age. She considered that the Government was willing and ready to fulfil its obligations, which was further confirmed by the technical seminars that had been held with the participation of the social partners and the technical assistance that had been received, including by organizations specializing in the protection of the rights of the child. It was therefore necessary to discontinue the consideration of the application of the Convention by the Government in the Committee.

The Worker member of the Russian Federation, taking note of the Government’s willingness to engage in dialogue, considered that the discrepancy in the information available was a source of concern, the violations of the Convention were unacceptable and that the Government should put an immediate stop to them. As for the information the Government had recently submitted, he said that the existence of numerous measures aimed at eliminating the worst forms of child labour constituted a de facto recognition of the phenomenon. The measures taken by the trade unions for monitoring and follow-up should be backed up by experts in order to increase their effectiveness. Further, he recalled that Uzbekistan was one of the few countries of the region that had not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). In this regard, the willingness expressed by the Government to cooperate with the ILO should cover a wide range of questions including the said Convention. In the area of the eradication of child labour, the cooperation with the ILO should not be limited to strengthening capacities, but should equally allow for the monitoring by the ILO itself, as well as the involvement of the social partners in a more active manner. He further deplored that the activities of the IPEC programme had to be interrupted and considered that the ILO should be involved at the local level in the preparation of scheduled meetings and activities in the country relating to child labour. Deeply regretting that the ILO had not received the authorization to undertake a visit in the country during the cotton harvest, he expressed the hope that a technical mission would take place in the near future, allowing for the preparation of a tripartite high-level mission.

The Government member of Azerbaijan stated that his Government noted with satisfaction the measures taken by the Government to address the issues regarding the application of the Convention. The national plans and programmes that had been adopted were steps in the right direction, including the National Action Plan adopted in 2008, the resolution of the Cabinet of Ministers adopted in 2012 “On additional measures for implementation in 2012–13 of the Convention concerning forced or compulsory labour and the Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labour”, and the monitoring exercises conducted in 2012. Since the Government had taken all necessary measures for complying with the requirements of the Convention, the examination of this case by the Committee should be discontinued.

The Worker member of Belarus, while noting the concern expressed by the workers’ representatives of several countries, wished to highlight the positive aspects of the case. Firstly, the Government was continuing its dialogue with the international organizations, such as the ILO and UNICEF, and was committed to finding a solution to the problem and, secondly, the country’s unions were making considerable efforts to combat child labour and to follow up measures in that area. During a visit to Uzbekistan, the trade unions of Belarus had been able to observe the steps taken by the social partners to end child labour. If the Government continued its efforts, especially in sectors other than family enterprises, it was moving in the right direction and the positive measures it had already taken should be noted.

The Government member of Sri Lanka stated that, since ratifying the Convention in 2008, the Government of Uzbekistan had taken remedial measures and effective initiatives to implement the provisions of the Convention in law and in practice, including adopting regulations in 2009 on hazardous forms of employment specifying the conditions for the employment of minors which took into account the requirements of the Convention; establishing a special working group; and adopting a programme for local monitoring of the prohibition of forcing students to take part in the cotton harvest. A number of programmes had also been implemented to raise awareness among stakeholders. Her Government appreciated these initiatives, which indicated that the Government was fully committed and willing to achieve the objectives of the Convention. She called upon the Government to continue such initiatives with the close collaboration of the employers and the trade unions and requested the ILO to extend its fullest cooperation and support in terms of technical assistance to the Government.

The Employer member of Belarus emphasized that numerous measures had been taken by the Government. Child labour was prohibited by law and in the Constitution. Moreover, due to ILO technical assistance, a monitoring system had been introduced, and, in 2012, no cases of child labour had been identified. Furthermore, the best means of solving the problem of child labour in the agricultural sector would be to increase mechanization in that sector. He considered that the case should no longer appear in the list of cases discussed by the Committee.

The Worker member of Brazil stated that, even though the legislation prohibited the use of children in hazardous activities, UNICEF had observed that children between 11 and 17 years of age, and even some under 10 years of age, were used in the cotton harvest – a harvest that was planned by the public authorities and employers. Children were withdrawn from the education system as a result, and their work constituted a violation of the Convention and impacted their childhood. The situation should also be examined in the context of the application of the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105), which prohibited the imposition of work to which no consent had been given. Despite the gravity of the situation, the Government systematically refused to avail itself of ILO technical assistance or to accept the participation of trade unions in the process of combating child labour. Progress had been made in Brazil in combating child labour where, between 2004 and 2009, 1 million children and young persons had been removed from labour. Such progress had been possible due to joint action by the Government and workers, and with the technical assistance of the Office. A high-level mission should be set up to investigate this deplorable situation.

The Government member of the Russian Federation recalled that the concern of the international community regarding recourse to child labour in Uzbekistan had not been reduced and that the solution to such a problem could only be found through continued dialogue. His Government was appreciative of the Government of Uzbekistan’s readiness to pursue its efforts. A certain amount of progress had been achieved, including the inter-ministerial working group, and a series of seminars and awareness-raising events organized with the participation of the ILO. However, he called attention to the fact that the written information, as well as the statement by the Government representative, did not answer the questions raised by the Committee of Experts or the Worker and Employer members. The data that had just been provided by the Worker and Employer members contradicted the information provided by the Government. The Government should, therefore, cooperate more closely in order to improve compliance with the Convention and to detect illegal employment of children, particularly in the most hazardous occupations. The Government should provide more information which would help allay the concerns of the international competent bodies, and the situation concerning child labour in the country should continue to be monitored by the ILO supervisory machinery in the context of the existing procedures.

The Government member of the Bolivarian Republic of Venezuela welcomed the measures taken by the Government, which his Government considered represented progress in the area of child labour. Furthermore, the country had various legislative and constitutional provisions prohibiting forced labour and the employment of children under 18 in hazardous work, including provisions expressly prohibiting children from being employed in work connected with the cotton harvest. His Government was confident that all of the measures taken were having, and would continue to have, a positive effect on the total eradication of all those practices that had been denounced as violating the Convention. The Government had committed itself to that aim and had satisfied its commitment with the participation of the ILO in a seminar held in May 2012 and the organization of a round table planned for the end of 2013. The Committee’s conclusions should highlight the progress that the Government had made and encourage it to continue down that path.

The Government member of Canada indicated that his Government shared the concerns of the Committee of Experts regarding the continued use of forced labour and of children for hazardous work in the cotton harvest in Uzbekistan. Even though the Government reported that no child labour was used in the cotton harvest, the awareness-raising and preventive measures it had reportedly undertaken tacitly pointed to a recognition that this practice continued. There was a lack of transparency and information available on the impact of measures taken towards the prohibition of forced and hazardous child labour, and persons seeking to monitor the harvest had found the fields patrolled by police and experienced harassment and intimidation. While noting reports that the Government had scaled back the forced labour of younger children during the most recent harvest, he recalled that the Convention was applicable to all children under the age of 18, while the continued forced use of youths and public servants in the harvest was also a serious issue. The speaker added that, despite reassuring statements, it had still not been clearly demonstrated that policy and legislative measures had been fully implemented or had had concrete effects on the eradication of the worst forms of child labour. The Government was therefore asked to comply with the requests of the Committee of Experts for information on the concrete impact of the measures taken to monitor the prohibition of forced and hazardous child labour, and on the number and nature of violations detected specifically in regard to the mobilization of children under 18 to work in the cotton harvest. The policies and laws which had been put into place by the Government constituted progress, but momentum towards the full implementation of these measures should continue. The Government was urged to accept the ILO’s recommendation for a high-level tripartite mission to observe the cotton harvest and to work with the ILO to strengthen the enforcement of forced labour and child labour laws to fully meet the requirements of the Convention.

The Government member of Thailand observed that the Government had cooperated fully with the Committee on child labour issues and expressed his Government’s satisfaction with the country’s consistent implementation of, and commitment to, the National Plan of Action in this area. The Government was to be commended for the creation of state institutions, mechanisms and regulations to eliminate the worst forms of child labour, including the Special Commission on Affairs of Minors, parliamentary hearings, Cabinet resolutions, state inspection of violations, ministerial regulations prohibiting dangerous and difficult working conditions, and related social programmes implemented nationwide. The speaker indicated that the Joint Statement issued by the Association of Farmers of Uzbekistan, the Council of the Federation of Trade Unions and the Ministry of Labour and Social Protection, that virtually all cotton was harvested by farm owners who had no interest in making extensive use of children for the harvesting of cotton, was a further positive sign. His Government called upon the Government to pursue its efforts for the eradication of hazardous working conditions for children under 18 years of age and reiterated the readiness of his Government to lend support to ensure the protection of the rights of the child in Uzbekistan in accordance with international human rights obligations.

An observer representing Education International (EI) stated that the information collected independently by international and local non-governmental organizations showed that State-sponsored forced labour remained serious, systematic and continuous. Children, mostly aged 15 to 17 but some as young as 10, were forced to pick cotton under threat of punishment, including expulsion from school. Teachers were forced to pick cotton and supervise the quotas. Conservative figures estimated that up to half a million middle- and high school students were involved in the 2012 cotton harvest. This 2012 involvement of schoolchildren in the cotton harvesting was witnessed in at least three regions: Kashkadarya, Samarkand and Andijan. As in previous years, by November, most middle- and high school students had begun studying, although the academic year started in September. With an estimated 60 per cent of teachers forced to pick cotton, pupils received partial lessons for two months, and the remaining teachers, not in the fields themselves, had to manage combined classes of 50 to 60 children. Teachers were required to produce false documentation of subjects covered that were not actually dealt with, and to assess the students on them. EI was of the view that the Committee should request the Government to adopt a time-bound programme to end the practice of forced labour in accordance with the Convention and Conventions Nos 29 and 105 on forced labour, and to invite a high-level ILO tripartite observation mission to conduct unrestrained monitoring during the 2013 cotton harvest. The Committee’s conclusions should appear in a special paragraph of its report given the serious and systematic nature of the violations.

The Government member of Belarus noted the responsible approach of the Government to ensure compliance with its international obligations and drew particular attention to the adoption of the national action plan, the strengthening of the legislative framework – especially the increase in the minimum age for employment to 16 and the introduction of sanctions – and the regular submission of reports on the measures in place. The Government should be encouraged and supported in its efforts, and international dialogue and cooperation should be allowed to continue without further intervention on the part of the ILO’s supervisory bodies.

The Worker member of Indonesia expressed deep concern about the situation of child labour in Uzbekistan. In a country which figured as third in the world in terms of cotton exports, and among the most important producers of cotton in the world, a state-run system of child labour was a major violation of the Convention. The issue of child labour could not be considered only as a national problem in view of increasing globalization and international supply chains in the textile industry. Consumer countries should also be concerned about the massive abuse of children in the cotton fields of Uzbekistan, since children who were forced to work during the cotton harvest were the beginning of the supply chain leading to other countries and consumers all over the world. The speaker referred to Indonesia’s experience with regard to technical cooperation received in the area of freedom of association and the elimination of the worst forms of child labour and expressed the view that, with ILO assistance, effective programmes could be set up and the eradication of the worst forms of child labour was possible. A high-level tripartite mission with ILO–IPEC involvement would be an important first step towards a successful solution and should be the starting point for further technical assistance.

The Government member of the United States stated that her Government remained seriously concerned about the systematic and persistent use of forced labour and the worst forms of child labour in cotton production in Uzbekistan. Referring to the Prime Minister’s decree of July 2012 barring participation of children under 15 in the harvest, she noted that there had been a decline in the number of children under the age of 15 who were compelled to work in the 2012 cotton harvest, but children between 15 and 18 years of age continued to be forced to work in cotton production. There were also credible reports that children were compelled to work under conditions that endangered their safety and health. The speaker further noted that the mass mobilization of labour for the annual cotton harvest also included adult forced labour, which gave rise to serious concern not only about the application of the Convention, but also Convention No. 105, which prohibited the use of forced or compulsory labour for purposes of economic development. Her Government deeply regretted that the Government had resisted accepting ILO assistance in determining on the ground whether the cotton harvest was conducted in compliance with international labour standards. Referring to the Committee of Experts’ comment that there was an “evident contradiction” between the Government’s position that children were not compelled to work in the cotton harvest, and the concerns expressed by numerous UN bodies, employers’ and workers’ organizations, and non-governmental organizations, she noted that there were justifiable reasons for concern and that the stated legal and policy situation did not match actual practice. The ILO was uniquely qualified, and the only international organization with the specific mandate, to judge the facts and analyse the concrete impact of the measures indicated by the Government. The Government could be confident that ILO monitoring activities would be transparent and objective, and would provide the Government with an opportunity to work collaboratively with the ILO to verify facts and resolve implementation gaps. Her Government called for urgency and a serious approach to address the practical implementation of ILO Conventions, and strongly urged the Government to respond positively to the call for ILO monitoring of the 2013 cotton harvest, and to ensure that those involved in the monitoring had full freedom of movement and timely access to all situations and all relevant parties.

The Worker member of Germany expressed serious concern about the violations of the Convention in Uzbekistan. Approximately 1.5 million children under the age of 18 were forced to work in cotton plantations. There was still a State-controlled system of child labour under which children, who were the most vulnerable, were coerced into the fields because principals, teachers and public officials had to meet harvest quotas. In a most worrying development, the annual cotton harvest from September to November used not only children but also, according to reports from non-governmental organizations, adult teachers, doctors, nurses and other public servants. A system of State-organized child labour could, under no circumstances, be replaced by a national system of forced labour. A situation of schools without school children should not lead to a situation of schools without teachers or hospitals without doctors and nurses. These abusive practices in connection with the cotton harvest often led to the tragic death of young persons. The speaker appealed to the Government to accept an ILO high-level tripartite mission which, along with an effective monitoring of compliance with the Convention, would help to build confidence and lay the foundations for further technical cooperation.

The Government member of China highlighted that the Government had taken effective measures to apply the Convention, in particular by setting the compulsory schooling age at 12 years, increasing the minimum age for work, setting up an inter-ministerial working group, sentencing offenders and participating in ILO technical assistance activities. These positive achievements should be recognized by the Committee, and the international community should continue to cooperate with it in its fight against poverty and in its efforts to strengthen national capacity so as to ensure the effective application of the Convention.

The Government member of Kenya noted the Government’s commitments to review labour legislation concerning child labour, as well as the fact that the Government cooperated with the social partners in this endeavour. He further noted the monitoring mechanisms in place and the training and advocacy initiatives that the Government had undertaken. There had been progress and the Government should be encouraged to continue its efforts to further improve compliance.

The Government member of Cuba referring to the National Plan for the implementation of the Convention and Convention No. 138, stated that the Government had spared no effort to prevent child labour. The Constitution contained a provision prohibiting child labour and criminal legislation made it an offence for people to involve minors in illegal activities. There was also a list of occupations that children under 18 were prohibited from undertaking. Furthermore, the Government participated in activities and mechanisms to monitor child labour, along with seminars and campaigns to raise awareness among the social partners, local administrations and international organizations. The speaker underlined the Government’s readiness to engage in dialogue with all interested parties and her Government called for further technical cooperation between the Government and the ILO to ensure effective application of the Convention.

The Government member of Indonesia took note of the positive developments in the implementation of the Convention, including putting into place a national monitoring mechanism to prevent illegal child labour, as well as programmes to eliminate the worst forms of child labour. The challenge to eliminate child labour could not be denied, and his Government hoped that the Government would continue to take the necessary steps including technical cooperation with the ILO, which was necessary in this matter.

The Government member of the Islamic Republic of Iran welcomed the positive developments to ensure the full application of the Convention, as well as a new series of constructive initiatives adopted by the Government towards eliminating the worst forms of child labour and the constant monitoring of child labour. The constructive and well-targeted collaboration with UNICEF had enabled the strengthening of child education capacities and helped implement the provisions of the Convention. His Government urged the ILO to collaborate fully with the Government and ensure it received full technical cooperation necessary for the fair and final elimination of all forms of child labour.

The Government member of India appreciated the efforts made by the Government to eliminate child labour. Among the positive steps, he noted the plan of additional measures for the implementation of Conventions Nos 29 and 182 for the period 2012–13, the 2011 “Joint Statement concerning the inadmissibility of using forced child labour in agricultural works” adopted by the Association of Farmers of Uzbekistan, the Council of the Federation of Trade Unions and the Ministry of Labour and Social Protection as well as the operationalization of the hotline on child labour issues throughout the country. He also noted the establishment of an inter-ministerial working group which was headed by the First Deputy Minister of Labour and Social Protection, and was made up of representatives of the Council of the Federation of Trade Unions, the Chamber of Commerce and Industry and key ministries. The resolution adopted by the Cabinet of Ministers on additional measures in 2012–13 for implementation of the Convention indicated the good intent of the Government. His Government firmly believed that the dialogue and cooperation alone would help in resolving the outstanding issues. His Government considered that the examination of this case by the Committee should be discontinued.

The Government member of Egypt commended the Government on its efforts, especially its reinforcement of the legislative framework and its development of the education and training system, which had done much to eliminate the worst forms of child labour. The Government should also be commended on the steps it had taken to ensure the sustainable development of the economy. It should be encouraged to continue along that path and to take advantage of the assistance that the ILO could provide in the area of job creation and social welfare. His Government requested that the case no longer be placed on the Committee’s agenda.

The Government representative referred to the manner in which his opening statement had been interpreted, including one paragraph which had not been translated into English that had included among the Government’s priorities cooperation with the ILO concerning the implementation of the Convention, which involved the question of monitoring the cotton harvest in the forthcoming autumn. However, the Worker and Employer members continued to see everything painted in black. The speaker quoted a passage from a UNICEF report, which took into account the outcome of monitoring exercises carried out by UNICEF in 2012, in which investigations confirmed that in all 13 regions none of the 3.5 million pupils were obliged to participate in the harvest. His Government did not understand why this UNICEF report was never sent to the ILO or to the Committee of Experts. Referring to the conclusions of the UNICEF report, he stated that progress was recognized, both in the report and by several Government members who had participated in the discussion, but neither the Committee of Experts nor the Worker and Employer members took note of that progress. The World Bank had commented on the extremely high level of literacy in Uzbekistan, and the Director of the World Health Organization had praised the results of reforms in the health sector and the decreasing child mortality rate. As regards the cooperation with the ILO, his Government had proposed a round table to clarify the situation, but this proposal had not been accepted. His Government further suggested that a long-term cooperation plan could include monitoring the cotton harvest. Those Governments that were prepared to support Uzbekistan’s efforts were thanked because children were their greatest treasure.

The Worker members emphasized that the Government had carried out many awareness-raising and prevention activities, which suggested that it acknowledged, at least implicitly, that the mobilization of children for the cotton harvest was a reality in the country. However, the Government did not supply any information on the specific results of monitoring activities. The Worker members considered that the Government’s proposal to set up a round table was not sufficient inasmuch as it did not provide for the possibility of observing the situation on the ground. Hence, the Government should agree to receive a high-level monitoring mission which would evaluate the manner in which the Convention was applied, particularly in cotton plantations at harvest time. Pending a positive reply from the Government, the case should be included once again in a special paragraph of the Committee’s report.

The Employer members noted all of the steps the Government had taken and continued to take with a view to meeting its obligations under the Convention, including the legal provisions, government orders, seminars and penalties. The Employer members did not disagree with the view that the Government was on the right path – as one Government member had put it – but being on a path meant that the Government had not yet reached the goal of full compliance with the Convention. It was clear that, while the Government might be making progress, forced labour was still occurring. In addition to a lack of openness, the Government had not produced any factual data but made only statements. The Employer members were under the impression that the Government was willing to allow the ILO to observe the 2013 harvest, which, if confirmed, would be a positive development. Echoing the statement of the Worker members, the Employer members agreed that the Government should accept a high-level monitoring mission and also that the Committee’s conclusions should be placed in a special paragraph of its report.

Conclusions

The Committee took note of the oral and written information provided by the Government representative and the discussion that followed.

The Committee noted the issues raised by the IOE and the ITUC relating to the systematic mobilization of children by the State in the cotton harvest, including the extensive use of labour of teenagers, young persons and adults in all regions of the country, as well as the substantial negative impact of this practice on the health and education of school-aged children obliged to participate in the cotton harvest.

The Committee noted the information provided by the Government outlining the laws and policies put in place to combat the forced labour of, and hazardous work by, children. This included the order issued by the Prime Minister in August 2012 banning the use of children under 15 and the adoption of a plan of additional measures for the implementation of Conventions Nos 29 and 182 in 2012, including measures to maintain monitoring for the prevention of forced child labour. The Committee also noted the Government’s statement that it had established a tripartite Inter-Ministerial Working Group with a view to developing specific programmes and actions aimed at fulfilling Uzbekistan’s obligations under ILO Conventions. Lastly, the Committee noted the Government’s statement that the use of compulsory labour was punishable with penal and administrative sanctions and that, in this regard, concrete measures were being taken by the Labour Inspectorate officials to prosecute persons for violations of labour legislation.

The Committee noted the information from the Government, as well as other sources, that as a result of the measures taken, school children under 15 years of age had not been mobilized during the cotton harvest in 2012. It nevertheless observed with serious concern information provided by several speakers, including representatives of governments and the social partners, that school children between the ages of 16 and 18 continued to be mobilized for work during the cotton harvest. The Committee reminded the Government that the forced labour of, or hazardous work by, all children under 18 constituted one of the worst forms of child labour. It therefore urged the Government to take the necessary measures, as a matter of urgency, to ensure the effective implementation of national legislation prohibiting compulsory labour and hazardous work for all children below the age of 18.

The Committee noted the Government’s indication that it was willing to engage in broad technical cooperation with the ILO, which would consist of awareness-raising measures and capacity building of the national social partners and various stakeholders, and would also include monitoring of the 2013 cotton harvest with ILO–IPEC technical assistance. In this regard, the Committee requested the Government to accept an ILO high-level monitoring mission during the 2013 cotton harvest, that would have full freedom of movement and timely access to all situations and relevant parties, including in the cotton fields, in order to enable the Committee of Experts to assess the implementation of the Convention at its 2013 Session. Noting the Government’s statement that it would be amenable to the terms of reference put forward by the ILO in this respect, the Committee urged the Government to pursue its efforts to undertake, in the very near future, a round-table discussion with the ILO, UNDP, UNICEF, the European Commission and the representatives of national and international organizations of workers and employers

The Committee requested the Government to include in its report to the Committee of Experts, due in 2013, comprehensive information on the manner in which the Convention was applied in practice, including, in particular, enhanced statistical data on the number of children working in agriculture, their age, gender, and information on the number and nature of contraventions reported and penalties applied. The Committee expressed the hope that it would be able to note tangible progress in the very near future.

The Committee decided to include its conclusions in a special paragraph of the report.

The Government representative stated that this Committee was starting to get used to the discussions on this case and he therefore wished to raise some points with regard to the conclusions that had been adopted. While acknowledging the importance of broad technical cooperation to implement fundamental ILO Conventions, he recalled the organization of a forthcoming round table on the “Prospects of technical cooperation on the implementation of international obligations of Uzbekistan within the ILO framework” this year in Tashkent. On this occasion, representatives would be invited from the ILO Office in Moscow and Geneva, the European Commission, international organizations such as UNICEF and the UNDP, and foreign representatives of workers and employers, as well as interested national ministries and members of Parliament and representatives of non-governmental organizations of Uzbekistan. The round table would review all aspects of broad-based technical cooperation on the Convention, including the issue of monitoring during the cotton harvest period, and would be based on tripartite consultation and dialogue. It would also focus on enhancing the capacity to protect social and labour rights and prospects of ratification of ILO Conventions. However, he expressed his Government’s disagreement with the issues raised by the IOE and the ITUC regarding the systematic mobilization of children by the State in the cotton harvest, including the extensive use of labour of teenagers. His Government also disagreed with the decision to include the conclusions on this case in a special paragraph of the report of this Committee.