Rapport définitif - Rapport No. 412, Novembre 2025

Cas no 3487 (Ouzbékistan) - Date de la plainte: 29-NOV. -24 - Clos

Allegations: The complainant organization alleges violation of freedom of association in law and in practice and in particular, as regards the establishment of independent trade unions

1. 421. The complaint is contained in a communication dated 29 November 2024, submitted by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF).
2. 422. The Government transmitted its observations in a communication dated 16 January 2025.
3. 423. Uzbekistan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 424. In its communication dated 29 November 2024, the complainant organization – the IUF – alleges that the Government of Uzbekistan has failed to guarantee the fundamental rights of freedom of association and collective bargaining to workers in law and in practice. The IUF alleges, in particular, that while Uzbekistan ratified Convention No. 87 in 2016, workers did not dare to exercise their right to establish trade unions outside the state-controlled Federation of Trade Unions of Uzbekistan (FPU). On 19 March 2021, however, 280 workers from the Indorama cotton plantations (hereafter “the company”) founded “Halq Birligi” (Peoples’ Unity) union in response to low wages and deteriorating working conditions. Within a month, the union counted more than 700 members and applied for the affiliation with the IUF. However, the authorities used all possible means, threats, intimidation and manipulation by the state controlled FPU to deconstruct the only independent workers’ organization in the country.
2. 425. The IUF indicates that the right to freedom of association is addressed in section II of the Labour Code. The Law on Trade Unions (LTU) guarantees the right to join organizations of one’s choosing and the right not to join an organization. Under section 7 of the LTU, citizens have the right to establish, join, and leave trade unions. According to the IUF, however, the procedure for joining a trade union is closely linked to the procedure for obtaining employment. In some cases, a representative of the FPU has a conversation with new employees together with the employer, or communicates with new employees immediately afterwards, about joining a trade union. In many cases, when workers are hired, they are asked to sign two documents, one requesting to be hired for the position, and the second requesting membership in the official trade union. Trade union dues of 1 per cent are automatically deducted from workers’ pay; many workers are unaware of what the deductions are for. Workers perceive membership in the official trade union as compulsory for getting and maintaining a job, and thus, according to the IUF, in no sense the union they become members of is of workers’ own choosing.
3. 426. The IUF alleges limitations on the right to assembly of workers and their right to engage in peaceful demonstrations to defend their occupational interests. It indicates in this respect that demonstrations of all sizes require permits, and demonstrations exceeding 100 participants must be approved by the Ministry of Internal Affairs. Violations of these and other restrictions on public meetings, demonstrations, and rallies have resulted in serious consequences for workers. For example, in December 2022, two workers were arrested and imprisoned for five days after participating in an “unauthorized” peaceful assembly of 30 people. In a similar instance in 2024, a cotton farmer was detained for 12 days and charged with violating “procedures for holding unauthorized gatherings, rallies, street marches and demonstrations”, after he encouraged other workers to publicly challenge the non-payment of wages.
4. 427. Furthermore, according to the IUF, neither the Labour Code nor the LTU protects workers’ right to strike. Strikes are prohibited – and punishable by up to five years in prison – under the Criminal Code, which forbids “leading a prohibited strike or obstructing the operation of an enterprise, institution, or organization in a state of emergency”. According to the IUF, in Uzbekistan, where nearly all strikes may be considered illegitimate under the law, workers have little ability to exercise this fundamental aspect of the right to freedom of association.
5. 428. The IUF further points out that in Uzbekistan, a trade union is legally categorized as a “public association”, which makes formal recognition of a union “practically impossible”. Regulations on the financing of public associations, including trade unions, impose significant barriers to the establishment, maintenance, and independence of trade unions, and thus workers’ ability to exercise freedom of association rights. A regulation on foreign funding, including grant funding, imposes direct oversight by state employees, designated by the Ministry of Justice, who are empowered to interfere in the design and implementation of the activities of public organizations, including trade unions, receiving the funding.
6. 429. The IUF alleges that the principal obstacle to the establishment of independent trade unions in Uzbekistan is the dominance of the FPU. It explains in this regard that the FPU was established after the disintegration of the Soviet Union with the objective of maintaining control over workers and implementing the state’s social policies. According to the IUF, the FPU was instrumental in the organization of state-controlled child labour from 1990 to 2015, and later, in the mobilization of adult forced labour. While the FPU official Charter claims that the union is “independent of the state authorities” and “not accountable to them [or] controlled by them”, it is – for all practical purposes – a state-governed and controlled organization. According to the IUF, substantive priorities, budgets, and leadership structures are largely dictated by the Government. For example, in November 2020, the then Prime Minister of the country opened the union’s congress (held every five years). In his speech, he proposed the creation of a trade union academy, the establishment of which was later announced by a Presidential Decree, followed by a resolution instructing the FPU to subsidize a large percentage of the costs. This is a typical occurrence: the Government frequently requires specific – and often costly – action by the FPU through the enactment of various decrees, laws, and executive orders. Another example of the FPU’s integral participation in Government programming occurred between 2011 and 2017 when the Education, Science and Cultures Workers Trade Union – a sectoral affiliate of the FPU – cooperated closely with the authorities to mobilize workers to work in cotton fields as part of Uzbekistan’s centralized state-imposed system of forced labour. The FPU accomplished mass mobilization by regulating food and water provision and awarding prizes for individuals who vacated their homes and jobs to harvest cotton.
7. 430. Furthermore, according to the IUF, state bodies can give direct instructions to trade unions to implement state programmes and directives. For example, by its decree on measures to support the elimination of forced labour, the Cabinet of Ministers directed the FPU Council to strengthen measures by primary trade union organizations to comply with labour legislation, report instances of forced labour to the authorities, and cooperate with civil society organizations and the media to raise public awareness. The IUF further points out that while FPU leadership positions are formally appointed by the Presidium of the FPU Council, in practice, candidates are approved directly by the Government. In December 2016, Ms Tanzilla Narbaeva – who at the time was the FPU chairperson – was appointed the Deputy Prime Minister of Uzbekistan. Six days after her appointment, Ms Narbaeva chaired the Extraordinary Elections Conference (Plenum) of the FPU Council, where the FPU’s new chairperson, Mr Kudratilla Rafikov, a factory manager, was elected. In 2021, Mr Rafikov published a book about Uzbekistan’s President in which he made his allegiance clear by describing himself as “a person standing shoulder to shoulder with the Head of our State in the struggle for the implementation of his popular and fair policy.” After serving as the FPU chairperson, Rafikov was appointed by the President to the Senate. The IUF indicates that in 2015 and 2017, the International Trade Union Confederation (ITUC) considered that the FPU was not independent from the Government.
8. 431. The IUF further alleges that in 2010, Messrs Fakhriddin Tillaev, Nuraddin Dzhumaniyazov, and Abdulat Tajibay Ugly, organized and sought to officially register a trade union – the first independent union in Uzbekistan – of mardikers (day labourers) across the country. After engaging in several public demonstrations, during which the workers demanded access to employment opportunities, workers who participated were ordered to pay administrative fines. After several attempts to hold a founding congress, in November 2013, a court ordered the union’s liquidation due to its illegal establishment. Despite this considerable setback, and the personal sacrifices, Messrs Tillaev, Dzhumaniyazov, and Ugly attempted to reconstitute the mardikers’ union in 2014. However, their request to register the union was denied by the Ministry of Justice on the basis that the three co-founders had failed to pay the previously imposed administrative fines. Soon after the second attempt to establish the union, Messrs Dzhumaniyazov and Tillaev were charged, without evidence, with engaging in human trafficking. Both men suffered torture in pretrial detention and Mr Tillaev was also tortured in prison. In 2014, Mr Dzhumaniyazov was sentenced to 9 years in prison and Mr Tillaev was sentenced to nearly 11 years in prison. The IUF considers that these sentences were the result of a trial that unambiguously violated internationally recognized fair trial standards. Mr Dzhumaniyazov died in prison on 31 December 2016, although the State announced his death – which has been attributed to diabetes–related health issues that went unattended while he was in prison – months later, in June 2017. Mr Tillaev was released from prison on 12 May 2018.
9. 432. Regarding the Peoples’ Unity union, the IUF alleges that soon after the above-mentioned company launched operation in Uzbekistan’s Syrdarya region, workers began raising concerns about their working conditions. Independent media sources and human rights monitors were contacted with stories of unfair dismissals, mass redundancies, non-payment of wages, hazardous and unsafe working conditions, and various other forms of exploitation. Among other issues, the company offered workers short-term civil law contracts, which deny workers numerous rights typically provided under employment contracts, including the right to social protection, annual and sick leave, and other benefits. As workers did not succeed to remedy these grievances via the company’s grievance mechanism or national courts, 63 workers began organizing to form a union. The company’s intimidation and interference campaign were swift and brutal.
10. 433. According to the IUF, during an attempted founding union meeting on 24 February 2021, the head of the district Department of Internal Affairs, the director of the company’s Syrdarya operation, and ten police officers interrupted a gathering of nearly 300 workers. Workers filmed this episode. In the video, a police officer can be heard saying: “[the company] is a foreign company. Behave in such a way as not to spoil the image of this company, or it will be worse for you. This can lead to your dismissal. I do not know their internal politics, but you can do something that will only spoil your position.” When, nearly a month later, workers tried again to hold a founding meeting, they were denied entry to the meeting’s designated location due to “urgent repairs”. They regrouped and relocated to a second location – where the electricity was cut off just after the meeting began. Finally, the workers gathered outside and together voted to establish a trade union and to elect representatives.
11. 434. Soon after the union was formally established, the union’s leaders were contacted by the local government officials and warned of future “trouble” should they continue organizing. The union was also informed that the registration with the Ministry of Justice would not be approved, and that without this approval the establishment of an independent union was impossible. The FPU’s regional unit promised quick recognition and registration of the union as an FPU affiliate. In an effort to accelerate their bargaining process for better contracts, the workers ultimately chose to affiliate with the Agro-Industrial Workers’ Union, an affiliate of the FPU.
12. 435. The IUF further alleges that the company’s management closely monitored posts on the trade union’s Telegram channel. In February 2022, the company security officer submitted screenshots from this channel to the National Security Service, and alleged that workers were “agitating” against the state authorities. The National Security Service officers questioned union leaders, and the union was forced to close its Telegram channel. At the same time, the company began spreading rumours among the workforce that the union leaders were engaged in anti-government activity – a tactic designed to quell enthusiasm for the union and to send a sharp message to leaders about the consequences of continuing to organize.
13. 436. Furthermore, according to the IUF, on 23 May 2022, members of the company’s management team, alongside the district khokim (head of administration) and regional FPU representatives, staged a false union election to install a member of the company’s management as the union’s new chairperson. The company gathered approximately 80 employees and put them on a bus under the pretext of sending them to a training workshop. Upon arrival, they were told they were participating in a union election. None of the trade union members had been informed of this election in advance, and only one member of the union council was present. A member of the management was elected as the union chairperson, despite never having been a member of the union. In the aftermath of the election, workers sent a signed letter of protest to the FPU chairperson. The FPU was compelled to respond that “irregularities in the election” must be corrected. The workers who reported the violations faced pressure and received threats from the Government and the company. A new election was subsequently held, where workers elected a new chairperson.
14. 437. According to the IUF, initially, the newly formed union made concrete improvements for workers. In 2021, the union negotiated one-year employment contracts to replace the exploitative civil law contracts previously issued to farmworkers by the company. These new contracts became effective on 1 January 2022 and were set to expire on 30 December 2022. Upon their expiration, however, the company refused to renew the employment contracts of nearly 400 farmworkers, despite the union’s repeated requests that the management engage in collective bargaining. Instead, the company offered workers a choice: sign new service provider contracts – the terms of which were developed unilaterally by the company without a bargaining process and provided little security or benefits to workers – or lose their jobs. The IUF explains that unemployment in the Syrdarya region is high and economic vulnerability is pervasive, causing many workers to feel they had little choice in the matter. Most workers signed the contracts, forfeiting the short-lived benefits initially won by the union in January 2022. As service contractors, rather than employees, workers were no longer able, under the legislation in force, to participate in the union.
15. 438. The IUF alleges that workers who refused to sign the service provider contracts received alarming messages from the authorities, which included threats that if workers were to organize or otherwise protest the company’s unilateral decision to reclassify workers to contractors – they would be arrested. Despite this intimidation, on 10 January 2023, 44 workers filed lawsuits challenging the validity of the contracts with the Akaltyn district civil court in Syrdarya. Some of these workers were immediately visited by government security personnel, who threatened with various negative consequences. Workers responded by warning independent labour rights monitors away from attending the court hearings, so as not to increase the severity of the threats against workers or the likelihood that the threats would be acted on.
16. 439. On 2 February 2023 – one day before the civil court was scheduled to hear the workers’ complaints – the company commenced “negotiations” with a worker representative and sought to persuade the workers to withdraw the lawsuits. These discussions were attended by representatives of the management, the deputy khokim, and the regional prosecutor. Several concessions were agreed to, including an agreement to lower production targets and lessen the severity of penalties for failing to meet the targets, in exchange for dropping all legal challenges. The workers’ status as contractors did not change. The IUF points out that the company’s classification of workers as contractors stripped workers of their employment status and, in so doing, of their membership in the only known democratically elected union in Uzbekistan. With the Government’s support, the company thus gutted the union.
17. 440. The IUF alleges that the Government failed to protect the right of workers to organize by not holding accountable employer representatives and local government officials who intimidate or persecute those who try to organize unions. The Uzbek Forum for Human Rights has compiled a detailed account of attacks against workers at the company. In many instances, these cases were reported to government authorities, either by workers themselves in complaints filed with prosecutors or courts, or through letters addressed directly to authorities from international labour activists.
18. 441. In this respect, the IUF further alleges that on 24 August 2023, two farmworkers who were among the group that sought remedy for the reclassification of contracts by the company were forcibly removed from a plane and arbitrarily detained by officials in plain clothes at Tashkent Airport to prevent them from travelling to Kazakhstan to participate in a meeting on international labour rights, co-organized by the IUF. An independent labour monitor reporting on labour rights violations at the company was scheduled to attend the workshop in Kazakhstan, but had his passport seized before his travel. This led to two other farmworkers who were also scheduled to attend the workshop to cancel their travel, allegedly, for fear of retaliation.
19. 442. Furthermore, in January 2024, an independent human rights defender and labour monitor who had been engaging with the workers at the company and reported on the violation of their rights was contacted by telephone from an unknown number while she was at work. A man who introduced himself as an internal affairs officer requested that she come to the Department of Internal Affairs. When the monitor asked that he issue an official summons, she was told to meet him at a place close to her place of work within one hour. He disclosed that he knew she had travelled to Syrdarya several times to meet the company workers and told her that her life was in danger as her actions were illegal. He told her that he had come to warn her to stop all contact with the workers, that her actions were being criminally investigated, as she was allegedly inciting discontent among workers. He warned her that documents were being collected for a legal assessment of her actions and that criminal proceedings would be opened against her if she continued to have contact with the workers of the company.
20. 443. Also, in May 2024, 10 farmworkers (formerly employees and now service providers) filed a complaint with the court to demand the allocation of land for the cultivation of mung beans as a bonus for exceeding wheat production targets as stipulated in their contracts. This followed a letter of complaint sent by 24 farmworkers to the company’s CEO on 27 March 2024, which went unanswered. The value of the lost income was estimated at approximately US$2,000. Shortly thereafter, a company’s agronomist informed that the State Security Service was looking for the people who were “leaking information to Europe”. It is not clear if “Europe” refers to monitors working with the IUF and the Uzbek Forum for Human Rights or international financial institutions such as the European Bank for Reconstruction and Development who had been informed of the court action. The case was dismissed on 26 June 2024, after the court found that the company had not registered the contracts with the Ministry of Agriculture, as required by law, and therefore deemed the contracts invalid. Out of the 10 original complainants, five decided to appeal the court decision while the others refrained due to fear of reprisals. The appeal court hearing on 1 August 2024 was adjourned until 6 August after the company failed to appear at court.
21. 444. The IUF alleges that over the last three years, independent labour rights monitors have been obstructed in the course of their legitimate work multiple times as a result of apparent intimidation of workers. Prearranged meetings with workers have been cancelled at short notice. Many workers’ activists in Syrdarya region terminated their activity.
22. 445. According to the IUF, other attempts by workers to organize in the cotton sector have also been quelled by the State. In this respect, the IUF explains that since the privatization of the cotton sector in 2017, many farmworkers have attempted to organize cooperatives as a way to overcome their dependency on vertically integrated corporate “clusters” – like the company – and avoid exploitative contract terms. These cooperatives are intended to operate independently of the Government, and as internationally recognized vehicles for collective bargaining, their existence is protected by Conventions Nos 87 and 98. This, however, has not stopped the Government from shutting down the cooperatives or otherwise interrupting their operations. The IUF indicates that in 2023, a national court liquidated three cooperatives operating in the Mingbuloq district in Namangan, Khonka district in Khorezm, and Ellikalla district in Karakalpakstan. In all three instances, the Inspectorate for the Control of Agro Industrial Complex initiated the liquidation proceedings by filing a lawsuit alleging the cooperatives were violating national law by operating within districts where corporate clusters had already been established. Despite the December 2023 Presidential Decree allowing farmers who grow cotton at their own expense to sell their cotton and cotton by-products on the national cotton exchange, which had previously been prohibited, the courts ordered the liquidation of cooperatives in Namangan and Karakalpakstan in January 2024. Efforts to challenge court rulings on the dissolution of cooperatives in higher judicial instances have proven to be unsuccessful. The IUF indicates that cooperatives have been shown – including at the agricultural production stage – to increase workers’ capacity to bargain collectively and their ability to resist price pressures placed on them from further up the supply chain, which results in higher earnings and stronger protection against product losses.

B. The Government’s reply

1. 446. In its communication dated 9 March 2023, the Government indicates that the right to organize in trade unions, political parties and other public associations is guaranteed by article 39 of the Constitution. It further refers to the following constitutional provisions. According to article 69, civil society institutions, including public associations and other non-governmental non-profit organizations (hereinafter, “NGOs”), citizens’ self-governing bodies, and the mass media, form the basis of civil society. According to article 70, trade unions, political parties, societies of scientists, women’s organizations, organizations of veterans, young persons and persons with disabilities, creative unions, mass movements and other citizens’ associations are recognized as public associations. Article 72 guarantees respect for the rights and legitimate interests of NGOs and prohibits interference by state bodies and officials in their activities. According to article 73, trade unions express and protect workers’ socio-economic rights and interests. Trade union membership is voluntary.
2. 447. The Government further refers to article 3 of the Labour Code, which establishes the principles of legal regulation, one of which is social partnership, which consists in the interaction of employees, their representatives, employers, their representatives, as well as state bodies, aimed at ensuring the harmonization of interests of workers, employers and the State in social and labour relations. Article 16 of the Labour Code explicitly guarantees the right of every employee to join trade unions and other organizations representing the interests of employees and labour collectives. In addition, section II of the Labour Code is devoted to social partnership at various levels. Chapters 8 and 9 of the Labour Code are devoted to collective contracts and collective agreements, respectively. Article 37 of the Labour Code guarantees freedom of association and the right to collective bargaining by providing employees with the right to organize in trade unions and other associations in order to protect their labour rights and interests.
3. 448. The Government also refers to the following articles of the LTU. Article 4 establishes the right of employees (and persons who have reached the age of 15 and who are studying in secondary specialized, vocational, higher educational and research institutions) without any distinction whatsoever to form and join trade unions of their own choice and without prior permission. Article 9 guarantees independence of trade unions from state bodies. Under article 19, trade unions may be established at the initiative of employees of one or more organizations; trade unions carry out their activities with the formation of a legal entity in the form of a public association. The right to bargain collectively and conclude collective contracts and agreements is established in article 29. In turn, the basis of the legal status of public associations is regulated by the Law on Public Associations (LPA). The LPA enshrines the freedom to form voluntary associations as an inalienable right of citizens. A public association is a voluntary association resulting from free expression of the will of citizens. In addition, a citizen’s participation or non-participation in the activities of a public association may not serve as grounds for restricting her/his rights and freedoms, or providing her/him with advantages, including as a condition of holding a position in a state organization, or as grounds for failing to perform her/his duties. The Government also points out that under article 16 of the Civil Code, citizens (natural persons) are defined as citizens of Uzbekistan, citizens of other States, as well as stateless persons. Finally, the Government indicates that in addition to the above mentioned laws, the establishment and state registration of trade unions is also regulated by the Law on Non-Government Non-Profit Organization.
4. 449. The Government indicates that 14 sectoral trade unions with more than 6 million members are currently operating in the country. The FPU was established in 1991 by 28 sectoral trade unions on the basis of the “Declaration on the Establishment of the Federation of Trade Unions of the Uzbek Soviet Socialist Republic”. In addition to the FPU, the workers’ union of the Navoi Mining and Metallurgical Company is active in the country, which has more than 70,000 members and is an independent trade union and is not part of the FPU. A cooperation agreement has been concluded between it and the FPU. In Uzbekistan, most workers know they may form trade union organizations, and that trade union membership is voluntary. In addition, the FPU conducts systematic work to motivate trade union membership, explaining the meaning and importance of trade unions. Anyone wishing to do so may freely consult information on how to set up a trade union organization or how to join a trade union (also posted on the FPU’s official website).
5. 450. The Government indicates that currently, there are more than 9,500 NGOs registered in the country, which play an important role in protecting human rights. More than 3,500 new NGOs were registered between 2017 and 2024, including 659 trade unions (local level), 331 NGOs for the protection and support of women’s rights, and 653 NGOs for youth policy. More than 800 NGOs working in the field of human rights and democracy were registered by the justice authorities, which, according to the Government, is an indication of the increased attention paid to this area. In 2023–24, the Ministry of Justice did not receive any registration applications for independent trade unions. The Government indicates that when such applications are received, the Ministry of Justice considers the documents in accordance with the legislatively established procedure and if the requirements are met, the registration is not refused. The reasons for refusal of state registration are of a technical nature (such as incomplete list of documents, inaccurate information, use of the name of a previously registered NGO, late submission of documents) or where there is a threat to national security (undermining the constitutional order, integrity and security, infringement of citizens’ constitutional rights and freedoms, promoting war or various kinds of hostility, danger to the health or morality of citizens). Registration may not be refused on the grounds that establishment of an NGO is inappropriate, or on other grounds not specified in the law. Refusal to register an NGO is not an obstacle for resubmission of registration request, provided that the grounds for refusal have been addressed. Where the applicant considers that refusal of registration of an NGO is unlawful, she/he has the right to appeal to the courts.
6. 451. An NGO may carry out any activity that is not prohibited by law and is consistent with the purposes stipulated in its constituent documents. An NGO is obliged, however, to: inform the registration authority about the organization of visits relating to the NGO’s activities by NGO representatives to foreign countries; coordinate with the registration authority the receipt of funds and property from foreign States, international and foreign organizations, citizens of foreign States, or on their behalf from other persons (article 8 of the Law on Non-Governmental Non-Profit Organizations).
7. 452. The Government informs that in accordance with Law No. 942 of 13 August 2024 on Additions and Amendments to Certain Legislative Acts, the procedure for registering trade union organizations without legal personality, and primary trade union organizations, which may be registered with the judicial authorities, has been introduced into the LTU. These amendments aim at removing restrictions on the rights of primary trade union organizations without legal personality, as well as at creating a balance of rights and obligations for trade unions at all levels. However, trade unions need to have legal personality in order to expand their activities and strengthen their role in promoting workers’ rights and interests. The registration of trade unions is subject to the rules of the Law on Non-Government Non-Profit Organizations, the LPA and the regulations on the procedure for state registration of NGOs. The regulations stipulate that the registration of country-level trade unions requires the participation of at least 3,000 active citizens. The Government points out that according to the LPA, a trade union is recognized as a public association, and pursuant to its article 8, public associations are created on the initiative of at least 10 citizens. The requirement to have at least 3,000 members (article 6) applies only to country-level trade unions. Appreciating that this requirement is too high, the Government indicates that a draft law to amend the LPA was prepared to provide for a reduction of this requirement to 1,000 members. The draft law was submitted to the Cabinet of Ministers on 8 July 2024 and is scheduled for adoption in 2025. The adoption of the law will help to streamline the process of state registration of trade unions at the primary level.
8. 453. With regard to trade union dues, the Government indicates that in accordance with a collective agreement, membership fees are paid upon employees’ consent. The issue is regularly examined by the authorities. The results of the studies show that trade union membership fees are withheld by obtaining applications (consent) from employees to join the trade union, but there are also some cases of withholding membership fees without obtaining consent from employees. These shortcomings are mainly caused by staff shortages at workplaces and high staff turnover, and are also observed in newly affiliated organizations. To address these shortcomings and prevent them being repeated in the future, trade union organizations regularly arrange training seminars and meetings for trade union activists. In addition, organizations hold general meetings of workers at which collective agreements between the employer and the trade union committee are approved; such collective agreements stipulate that trade union membership fees will be withheld by the accounting department and transferred to the trade union upon the written consent of every employee to that effect. The Government indicates in this respect that when an employee is hired, trade union representatives interview the employee. This interview is primarily intended to familiarize the recruit with the provisions of the collective agreement in force at the enterprise. There is no connection between employment and joining a trade union; if employees want to join a trade union, they join, and if they do not want to join, they do not.
9. 454. The Government further indicates that, pursuant to article 38 of the Constitution, citizens have the right to exercise their public activity in the form of rallies, meetings and demonstrations in accordance with the laws. The authorities have the right to suspend or prohibit these events only on justified security grounds. The procedure for organizing and holding mass events, including peaceful assemblies, is governed by rules approved by resolution of the Cabinet of Ministers No. 205 of 29 July 2014. However, taking into account the requirements of the ILO, and to improve the procedure in question, the Ministry of Internal Affairs has drafted a law on rallies, meetings and demonstrations, which is currently under consideration.
10. 455. The Government indicates that one of the main tasks of trade unions is to resolve labour disputes at the initial stage, without adversely affecting the production process. In 2024, the FPU received 200 collective appeals. Of these, 67 were related to legal protection, 100 contained issues relating to the protection of social and economic interests, two concerned occupational safety, two were from cotton-pickers and the remainder were appeals of a diverse nature. As a result, steps have been taken to avert labour disputes and resolve them peacefully.
11. 456. There were several demonstrations organized by workers in 2024. The Government refers, in particular, to a demonstration by workers against the delayed payment of wages at an enterprise. On this occasion, no action was taken against the organizers of the demonstration. In March 2024, an employee of the same enterprise contacted the trade union in respect of non-payment of wages and cash on final settlement. With the assistance of the union, the employee was awarded 57,060,315.00 Uzbekistan sum.
12. 457. At the same time, in order to respect public safety, the Administrative Liability Code contains a number of articles providing liability for violations relating to the holding of mass events. Article 217 of the Criminal Code provides for punishment for violating the procedure for organizing and holding meetings, rallies, street marches or demonstrations. Under article 218 of the Criminal Code, directing a prohibited strike, and obstructing the work of an enterprise, institution or organization during a state of emergency is punishable with a fine of 50 to 100 basic calculation units or restriction of liberty of two to five years, or imprisonment for up to five years. In order to enshrine the right to strike in the Labour Code, the Ministry of Employment and Poverty Reduction has drafted a Law to amend the Labour Code to provide for the rules defining the right to strike and the procedure for strikes. The draft Law is being coordinated with the relevant ministries and agencies.
13. 458. Furthermore, on 4 October 2023, resolution of the Cabinet of Ministers No. 527 on Measures to Further Strengthen Social Partnership and International Cooperation in the Implementation of Socially Significant NGO Programmes and Projects was adopted in order to further strengthen social partnership mechanisms. This resolution approved a new procedure for the implementation of externally funded NGO projects and provides for increased opportunities to obtain funding without approval. The approval of the receipt of funds or property is, for example, not required when the total amount of funding and property from external sources does not exceed 100 times the basic calculation unit in a calendar year; when allocating funds and property to representative offices and branches of international and foreign NGOs, and their parent organizations for their administrative expenses; when receiving direct funding and property from international organizations and their specialized agencies, of which Uzbekistan is a member. The time limit for considering an appeal has been reduced to 15 days. According to this resolution, the Ministry of Justice has established the practice of attaching a state body providing organizational and methodological support for practical assistance and cooperation in the implementation of an international grant project, the amount of which is 1,000 basic calculation units or more. At the same time, state organizations may be involved in projects with a total value of up to 1,000 times the basic calculation unit at the NGO’s discretion. In addition, the responsibility of state bodies providing organizational and methodological support to NGOs as part of the implementation of externally funded projects has been increased, and their obligations, clearly defined.
14. 459. Regarding the allegations made against the FPU, the Government points out that during the ITUC General Council in Brazil in December 2024, a decision was made on the FPU full membership of the ITUC (79 per cent of the votes were in favour of full membership). Thus, on 8 January 2025, the FPU officially became a full member of the ITUC, which means that the FPU is recognized by the ITUC as a democratic and independent trade union. The Government points out that the practice of combating child and forced labour began in Uzbekistan with the FPU’s initiatives. The Coordination Council for the Eradication of Child Labour was established in 2013 wherein trade unions played a leading role in monitoring state authorities in preventing child and forced labour. The FPU also initiated a social security agenda for workers in the country, promoting the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and development of the social insurance system. A state institution responsible for social protection policy has been established, and a law on social insurance is being drafted.
15. 460. The Government provides the following information regarding Messrs Dzhumaniyazov, Tillaev and Ugly. On 6 March 2014, Mr Dzhumaniyazov was sentenced by the criminal court to nine years of imprisonment to be served in a general regime colony for committing an offence under article 135(3)(d) of the Criminal Code (trafficking in persons). Pursuant to paragraph 7 of the resolution of the Senate of the Oliy Majlis of 12 December 2013 on Amnesty in connection with the 21st anniversary of the adoption of the Constitution of the Republic of Uzbekistan, the unserved part of his sentence was reduced by one third. While serving his sentence, he received medical care on an equal footing with other prisoners and underwent preventive medical examinations. Upon admission to the colony, he was registered for dispensary care due to pre-existing chronic diseases. He was transferred to a specialized hospital for inmates for specialized medical care. He died from cardiovascular disease on 31 December 2016. The Government explains that when an inmate dies, appropriate checks are carried out, and all materials are sent to the Office of the Prosecutor General. In the case of the death of Mr Dzhumaniyazov, no charges were brought against prison staff. The unserved part of the sentence of Mr Tillaev, also convicted on 6 March 2014 for committing an offence under article 135(3)(d) of the Criminal Code (trafficking in persons) and sentenced to ten years and eight months of imprisonment, was reduced by one quarter pursuant the above-mentioned resolution. The Government indicates that Mr Ugly (А. Мirsoatov) testified as a witness in this case. Mr Dzhumaniyazov partially admitted his guilt. Mr Tillaev did not admit his guilt. However, their guilt was proven by the testimonies of the victims and of the witness. Mr Tillaev filed a complaint with the Supreme Court, requesting a reduction in the sentence. By the ruling of the Judicial Panel on Criminal Cases of the Supreme Court of 11 May 2018, Mr Tillaev’s sentence was amended and replaced by a sentence of six years and six months. He was released on 11 May 2018, having served a little over four years. During the serving of the sentence, there were no reports of cruel, inhuman or degrading treatment being inflicted on Mr Tillaev.
16. 461. The Government indicates that the penal enforcement system takes timely measures to prevent any action aimed at infringing the legal rights of prisoners. All reports of cruel, inhuman or degrading treatment of prisoners by prison staff or other persons are subject to mandatory verification, following which, in order to analyse the legality of the conduct in question, copies of the materials collected are forwarded to the Office of the Prosecutor General. In cases confirming the unlawfulness of the conduct towards a prisoner by prison staff or other persons, appropriate measures are taken against all those involved. Any request for compensation is resolved by court pursuant to the relevant provisions of the Civil Code.
17. 462. Regarding the situation at the company as described by the IUF, the Government indicates that according to the FPU, the latter had nothing to do with the activities of the so-called People’s Union trade union. The FPU became aware of the activities of the employees of the company, as well as of the establishment of a primary trade union organization much later from unofficial sources. In order to provide practical assistance, in March 2021, representatives of the Syrdarya regional council and representatives of the industry trade union of agro-industrial complex workers visited the company in question. Following the negotiations with the founders of the primary trade union organization and the employer, the first constituent conference of the primary trade union organization was held, and, in accordance with the decision taken, the primary trade union organization of the company was accepted as a member of Gulistan City Council of Agro-Industrial Complex Workers on a voluntary basis. The conference elected the chairperson, the deputy, members of the committee and of the audit commission. The Government points out that the FPU was not involved in the election of the chairperson of the trade union committee. After the establishment of a primary trade union organization at the enterprise, negotiations were held with the employer and its representatives and a collective agreement, internal labour regulations and other internal documents were drafted and approved. After the transfer (of their own will) of some elected members, the remaining members of the primary trade union committee approached the sectoral trade union with a request to help in organizing a conference to replenish the membership of the trade union committee. On the basis of this request, representatives of the Agro-Industrial Complex trade union provided the necessary assistance to hold the conference in accordance with the requirements of the regulations on reporting and holding elections in FPU trade union organizations. On 6 August 2022, the primary organization conference was held, which elected a new committee consisting of 11 members, a new audit committee comprising three members, as well as a new chairperson for a five-year term. Prior to that conference, a group of workers from the company in question held an extraordinary meeting of the trade union committee, at which a new trade union committee, with a new chairperson, was elected illegally, in violation of the sectoral trade union’s Charter. The later conference rectified the violations and adopted a lawful decision that is legally binding to this day.
18. 463. The Government indicates that the company’s management was aware of the existence of the trade union Telegram channel, but no action was taken by the company to interfere with its activities. The company refutes allegations about the threats to employees regarding their reportedly anti-political activities, since the company has neither the authority nor the competence to judge the permissible or anti-political specifics of the entire trade union or individual persons. The company has indeed organized a local security service at the enterprise to prevent socially dangerous activities and to monitor the safety of production processes, and the rights and freedoms of employees, but these activities have nothing to do with the unfounded allegations of threats. According to the Government, the Confederation of Employers of Uzbekistan considers that the very establishment of such a structure in any company is indicative of the social responsibility of the business. In view of the company, the events as alleged by the complainant had nothing to do with the management, rather, they are the result of disputes between trade union activists. The Confederation of Employers of Uzbekistan reports the existence of cooperation with the trade union after the elections and the official announcement by the trade union activists of the company and there was no desire to suppress the trade union movement on the part of the company.
19. 464. The Government further indicates that in January 2023, the Ministry of Employment and Poverty Reduction received an appeal from the primary trade union committee, which reported labour violations by the company’s management. In coordination with the Presidential Commissioner for the Protection of the Rights and Legitimate Interests of Business Entities (Business Ombudsperson), the Ministry initiated an inquiry into the situation. The findings revealed that the employment contracts with more than 400 employees of the company in question had been converted to civil law and service contracts. At the time of the study, the State Labour Inspectorate also found that fixed-term (annual) employment contracts for another eight company employees were about to expire. In this connection, the Inspectorate issued an order to conclude employment contracts with these eight employees and to address the observations identified on occupational safety issues. On 10 March 2024, the company provided information on the execution of the order, having agreed to conclude contracts with all eight employees, and also to remedy the violations on issues of occupational safety and health in the workplace. At the time of the inquiry, the company was not obliged to renegotiate employment contracts to replace civil law and service contracts with service providers that had already been signed, since these contracts had been signed by the parties by mutual agreement and were regulated by the Civil Code (contracts concluded with service providers are not regulated by labour legislation). According to the Supreme Court, in 2023–24, civil courts in the Kashkadarya and Syrdarya regions considered 42 labour dispute cases, in which the company was the defendant. Of those, in 2023, the courts considered 35 cases, of which in 17 cases the claims were fully or partially upheld. In 2024, the courts received seven claims, six cases were considered, of which one claim was upheld.
20. 465. The management of the company refutes the allegations of dismissals or threat of dismissals of workers for their involvement in trade union activities. The termination or renegotiation (extension) of seasonal contracts occurred solely on the grounds indicated in the employment contracts, and mostly applied only in those cases where the profit foregone or the amount of damage to the company was significant. In addition, the amount of land allocated for cultivating personal crops (including mung beans) was based on certain preconditions specified in the contracts. One such condition was access to irrigation water, the cost of which was also covered by the company as a gesture of goodwill. However, due to circumstances that prevented the diversion of irrigation water from cotton (the main crop) to additional crops, land for personal cultivation of crops was not allocated. This was also stated in the contracts as a force majeure condition cancelling the bonus land allocation scheme.
21. 466. According to the Government, communications from the management of the company to the Confederation of Employers of Uzbekistan indicate that the company was never officially or unofficially informed that any of its employees were going to attend an international conference (in Kazakhstan to attend a meeting on international labour rights, jointly organized by the IUF). According to the Ministry of Internal Affairs, Messrs Yeshtaev and Berikbaev, employees of the company, were detained at Tashkent airport in connection with an investigation of a criminal case under article 169(II)(b) (theft on a significant scale), in which the persons in question were treated as suspects. This offence was not related to the activities of the company. The company has never been obstructive and maintains an open-door policy for independent labour rights monitors. The company has no information on personal telephone conversations of its employees and does not interfere in the personal life of employees, respecting the right to personal data protection and the confidentiality of personal correspondence. In addition, employees’ personal meetings are not monitored by the company.
22. 467. The Government further indicates that according to the Farming Act, farms may voluntarily unite and join unions and other associations for production, procurement, processing and marketing of products, material and technical support, construction, technical, water management, veterinary, agrochemical, consulting and other types of services. Article 16 of the Dehkan Farm Act describes the joint activities of dehkan farms, through the voluntary establishment of a production cooperative, joint activities in the cultivation, storage, processing and sale of agricultural products, procurement of materials and equipment for their activities, technical support, use of water resources, protection of plants (plantings) from pests and diseases, provision of consulting and other services necessary for the activities of dehkan farms. Under article 5 of the Law on Subsistence Farming, subsistence farms are entitled to voluntary membership of the Council of Farmers, Dehkan Farms and Landowners of Uzbekistan, and to cooperation with agro-clusters, as well as to voluntary membership of agricultural cooperatives. Article 28 of the Law on Agricultural Cooperative (Shirkat) defines the right of association of agricultural cooperatives. Agricultural cooperatives have the right, on a voluntary basis, including on a shared basis, to unite, join associations, societies, agro firms and other associations for the production, procurement, processing and marketing of products, material and technical support, construction, technical, water management, veterinary, agrochemical, consulting and other types of services in the manner prescribed by law. Uzbekistan has established the Council of Farmers, Dehkan Farms and Landowners of Uzbekistan. Membership in the Council is mandatory for all farms and dehkan farms, while for homestead landowners it is voluntary. In addition, resolution of the Cabinet of Ministers No. 3680 of 26 April 2018 on Additional Measures to Improve the Activities of Farms, Dehkan Farms and Landowners establishes that termination of Council membership of farms and dehkan farms in accordance with the decision of the presidium of district councils of farmers, dehkan farms and landowners constitutes grounds for termination of the right of ownership, permanent or fixed-term use of a plot of land, or lease thereof. In addition, membership fees for farms specializing in the production of raw cotton and cereal crops, are set at the rate of 0.8 per cent of the purchase price of the raw cotton and cereals. One of the Council’s tasks is to protect the rights and legitimate interests of farmers, dehkan farms and owners of homestead land, including in relations with public authorities and economic administration bodies, local authorities, procurement, supply and service organizations, during inspections by supervisory authorities, as well as during consideration of court cases.
23. 468. The Government reaffirms its commitment to fulfil its obligations under ILO Conventions Nos 87 and 98 and reiterates that in 2025, measures will be taken to: improve labour and other legislation and its compliance with these Conventions; support the development of civil society, including the development of the trade union movement as part of the implementation of decent work and social justice in society, including free communication between workers, trade unions and human rights organizations; improve the implementation of laws and regulations on the ground; prevent interference by government officials, the FPU and company management in trade union affairs and trade union elections; increase (together with civil society representatives) legal literacy in the principles of decent work, including the right to organize and collective bargaining. The Government indicates that it pays particular attention to the recommendations of the ILO and the IUF. In July 2024, the protocol of the National Commission on Combating Trafficking in Persons and Decent Work approved the road map under which the following measures are provided for: study of international experience in the exercise of the right to strike; analysis of labour legislation for compliance with ILO Conventions Nos 87 and 98; and simplification of trade union registration (amendments to the Labour Code, the LTU and the LPA). It also indicates that there are plans to draw up a country programme on decent work for 2026–30, in which measures to implement the requirements of Conventions Nos 87 and 98 will be reflected. The Government indicates that in 2024, the ILO Office in Moscow initiated a review of national labour legislation for compliance with ILO Conventions Nos 87 and 98, but its final results were not made available to the tripartite partners. The Government expresses its readiness to consider and take into account the results of this analysis.
24. 469. The Government acknowledges the existing shortcomings in ensuring freedom of association in practice and is ready to develop a national road map to align national legislation with the standards of Conventions Nos 87 and 98, and also to develop effective policy mechanisms for their implementation. The new rules introduced recently will make it easier for independent trade unions to register, but the Government is open to further work to ensure the rights and freedoms of civil society.

C. The Committee’s conclusions

1. 470. The Committee notes that the complainant in this case alleges violation of freedom of association in law and in practice and in particular, as regards the establishment of independent trade unions.
2. 471. The Committee notes that the complainant considers that the legislation in force is not in conformity with freedom of association. It refers, more specifically, to the issue of registration of trade unions, categorized as “public associations” which restricts the exercise of freedom of association rights, in particular as it concerns the establishment and conduct of trade union activities, especially when foreign funding is concerned, the absence of legislative protection of the right to strike, and restrictions on the right to assemble and to engage in peaceful demonstrations. The Committee notes the detailed information provided by the Government on the legislation in force. The Government indicates that trade union rights are protected by the Constitution, the Labour Code and the LTU. The latter, together with the LPA and the Law on Non-Government Non-Profit Organization and the regulations on the procedure for state registration of NGOs regulate the establishment of trade unions. The Government confirms that trade unions are considered to be public associations, but indicates that according to article 8 of the LPA, public associations are created on the initiative of at least 10 citizens and that the requirement to have at least 3,000 members (article 6) applies only to country-level trade unions. The Committee welcomes the Government’s information on the proposed amendments to the Labour Code, the LTU and the LPA intended to simplify trade union registration and to provide for and regulate the right to strike. It further notes the Government’s indication that a draft law on rallies, meetings and demonstrations is currently under consideration. The Committee notes the Government’s indication that it expects that the relevant legislative amendments will be adopted in 2025 so as to bring the legislation into conformity with the ILO Conventions. The Committee further notes the information provided by the Government on the resolution of the Cabinet of Ministers No. 527 on Measures to Further Strengthen Social Partnership and International Cooperation in the Implementation of Socially Significant NGO Programmes and Projects, which approved a new procedure for the implementation of externally funded NGO projects and provides for increased opportunities to obtain funding without approval. Emphasizing the importance that should be attached to a full and frank consultation taking place on any questions or proposed legislation affecting trade union rights [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1541], the Committee expects that the social partners are fully involved in the process.
3. 472. With regard to the complainant’s allegation that in practice, it is impossible to establish independent trade unions outside the existing FPU structures, the Committee notes the detailed description of the circumstances of the establishment of a trade union at the company as provided by the complainant, and equally detailed but differing versions of events provided by the Government, which also relays the views of the employers’ organization and the company in question. While it is not possible for the Committee to determine the exact course of events, the Committee observes that the current legislative background, the Government’s indication that there are indeed no trade unions outside of the FPU structure except for one which has a cooperation agreement with the FPU, that in 2023–24 there were no requests for registration of trade unions and the historical omnipresence of the FPU would appear to suggest that it is at the very least difficult to establish an independent trade union that is outside of the FPU structure in practice. While ultimately, the primary trade union organization referred to in this case decided to affiliate to the FPU, the Committee also notes the Government’s indication that in order to provide practical assistance, in March 2021, officials of the Syrdarya regional council and FPU representatives visited the company in question and conducted negotiations with the founders of the primary trade union organization and the employer, following which the constituent conference of the primary trade union organization was held, which suggests a degree of involvement of the authorities, the employer and the FPU in the process of establishment of the union, and possible influence on the decision of the union to become an FPU affiliate. The Committee recalls that the principle of trade union pluralism is grounded in the right of workers to come together and form organizations of their own choosing, independently and with structures which permit their members to elect their own officers, draw up and adopt their by-laws, organize their administration and activities and formulate their programmes without interference from the public authorities and in the defence of workers interests [see Compilation, para. 483]. The Committee welcomes the Government’s indication that among the measures that will be taken in 2025 to ensure compliance with Conventions Nos 87 and 98, there are those aimed at preventing interference by government officials, the FPU and enterprises’ management in trade union affairs and elections. The Committee requests the Government to take the necessary legislative and practical measures to ensure that workers can establish and join organizations of their own choosing, including outside of the existing FPU structures, should they so wish, and without interference from the public authorities.
4. 473. The Committee also notes the allegation in relation to the use of civil law and service contracts, which categorizes workers as contractors and thus deprives them of freedom of association and collective bargaining rights. The Committee notes the information provided by the Government which appears to confirm that in 2023 and 2024, there were indeed instances of conversion of contracts. The Committee recalls that all workers must be able to enjoy the right to freedom of association regardless of the type of contract by which the employment relationship has been formalized. The status under which workers are engaged with the employer should not have any effect on their right to join workers’ organizations and participate in their activities [see Compilation, paras 327 and 328]. Moreover, all workers employed in agri-food enterprises, irrespective of the type of their employment relationship with those enterprises, should have the right to join the trade union organizations representing the interests of the workers in that sector [see Compilation, para. 331]. The Committee further recalls that by virtue of the principles of freedom of association, all workers, with the sole exception of members of the armed forces and the police, should have the right to establish and join organizations of their own choosing. The criterion for determining the persons covered by that right, therefore, is not based on the existence of an employment relationship, which is often non-existent, for example in the case of agricultural workers, self-employed workers in general or those who practice liberal professions, who should nevertheless enjoy the right to organize [see Compilation, para. 387]. The Committee requests the Government to take all necessary measures to prevent the misclassification of employment relationships. It further requests the Government to review the existing modalities which deprive workers of access to freedom of association and collective bargaining, in particular, the impact of civil law and service contracts on the exercise of trade unions’ rights and identifying and adopting measures to ensure that all workers are guaranteed their fundamental freedom of association rights.
5. 474. The Committee notes multiple allegations concerning acts of pressure, threats and intimidation from the Government and the company related to workers’ efforts to form a trade union at the company and to their legitimate trade union activity, such as contesting the conversion of their employment contracts to civil contracts. The Committee notes that the Government denies that such acts occurred. In light of the seriousness of the allegations, the Committee wishes to recall that all appropriate measures should be taken to guarantee that, irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind [see Compilation, para. 73]. The Committee requests the Government to ensure that trade union rights can be exercised in normal conditions with respect to for basic human rights and in a climate free of violence, pressure, fear and threats of any kind.
6. 475. The Committee also notes the complainant’s allegation that two workers were arrested and imprisoned after participating in a peaceful assembly and that a cotton farmer was detained for 12 days and charged with violating procedures for holding a demonstration after encouraging other workers to publicly challenge the non-payment of wages. Furthermore, the Committee notes that two farmworkers were allegedly detained in 2023 by the police at the airport to prevent their travel to Kazakhstan to participate in a meeting concerning labour rights. With respect to the latter allegation, the Committee notes that according to the Government, workers were detained for reasons unrelated to their trade union activity. Without judging the facts of this matter, the Committee wishes to recall that the arrest, even if only briefly, of trade union leaders and trade unionists, and of the leaders of employers’ organizations, for exercising legitimate activities in relation with their right of association constitutes a violation of the principles of freedom of association [see Compilation, para. 121]. The Committee expects the Government to ensure that trade unionists are not arrested for exercising legitimate activities in relation to their right of association.
7. 476. The Committee notes the complainant’s indication that against the described background in which it is virtually impossible to set up independent trade unions, many farmworkers attempted to organize cooperatives to independently defend their rights and interests as workers. The complainant alleges, however, that the Government shuts down cotton cooperatives or otherwise interrupts their operations. The Committee notes the detailed information provided by the Government on the relevant national legislation. Recalling that the concept of workers means not only salaried workers, but also independent or autonomous workers, the Committee has considered that workers associated in cooperatives should have the right to establish and join organizations of their own choosing. The Committee cannot cease consideration of the special situation of workers with regard to cooperatives, in particular as concerns the protection of their labour interests and considers that such workers should enjoy the right to join or form trade unions in order to defend those interests [see Compilation, para. 399]. The Committee expects that all workers, including those in cooperatives, can form and join organizations of their own choosing.
8. 477. The Committee notes that the Government acknowledges the existing shortcomings in ensuring freedom of association in practice and is ready to develop a national road map to align national legislation with freedom of association standards and to develop effective policy mechanisms for their implementation. Further noting the Government’s expressed openness to further work to ensure the rights and freedoms of civil society, the Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard should it so desire.

The Committee’s recommendations

1. 478. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to bring its national legislation into conformity with freedom of association, in full and frank consultation with the social partners.
   • (b) The Committee requests the Government to take the necessary legislative and practical measures to ensure that workers can establish and join organizations of their own choosing, including outside of the existing FPU structures, should they so wish, and without interference from the public authorities.
   • (c) The Committee requests the Government to take all necessary measures to prevent the misclassification of employment relationships. It further requests the Government to review the existing modalities which deprive workers of access to freedom of association and collective bargaining, in particular, the impact of civil law and service contracts on the exercise of trade unions’ rights and identifying and adopting measures to ensure that all workers are guaranteed their fundamental freedom of association rights.
   • (d) The Committee requests the Government to ensure that trade union rights can be exercised in normal conditions with respect to for basic human rights and in a climate free of violence, pressure, fear and threats of any kind.
   • (e) The Committee expects the Government to ensure that trade unionists are not arrested for exercising legitimate activities in relation to their right of association.
   • (f) The Committee expects that all workers, including those in cooperatives, can form and join organizations of their own choosing.
   • (g) The Committee notes that the Government acknowledges the existing shortcomings in ensuring freedom of association in practice and is ready to develop a national road map to align national legislation with freedom of association standards and to develop effective policy mechanisms for their implementation. Further noting the Government’s expressed openness to further work to ensure the rights and freedoms of civil society, the Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard should it so desire.
   • (h) The Committee considers that this case is closed and does not call for further examination.