Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Ouzbékistan

Convention (n° 100) sur l'égalité de rémunération, 1951 (Ratification: 1992)
Convention (n° 111) concernant la discrimination (emploi et profession), 1958 (Ratification: 1992)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality and non-discrimination, under examination this year, the Committee considers it appropriate to examine the Conventions Nos 100 (Equal Remuneration) and 111 (Discrimination in Employment and Occupation), together.

The Committee notes the observations from the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), on both Conventions, received on 2 September 2024, and the replies from the Government, received on 8 November 2024.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a) and (3). Prohibited grounds of discrimination. Direct and indirect discrimination. Legislation. The Committee notes with satisfaction that section 4 of the new Labour Code, which entered into force on 30 April 2023, now prohibits “any direct or indirect restrictions or […] advantages in the sphere of employment and occupation” based on several grounds of discrimination. Referring to its previous comments, the Committee, however, notes with regret that the Government did not seize the opportunity of the revision of the Labour Code, nor its subsequent amendments in 2024 and 2025, to: (1) explicitly prohibit discrimination based on “colour” and “political opinion”; and (2) include a general definition of direct and indirect discrimination in employment and occupation. The Committee notes the Government’s indication, in its report, that: (1) the draft law on equality and the prohibition of discrimination, which is intended to define direct and indirect discrimination, is still being finalized; and (2) a bill to amend section 4 of the Labour Code to include “colour” and “political opinion” as prohibited grounds of discrimination is currently under consideration by the Cabinet of Ministers. With regard to the reference in the Labour Code to “any other circumstances unrelated to the qualifications of the worker or the results of his/her work” as an open-ended ground of discrimination, the Committee notes the Government’s statement that no interpretation has been provided so far, as no discrimination case has yet been submitted to the courts. The Committee, however, notes that, in its observations, the IUF expresses concerns about the declaratory nature of the general prohibition of discrimination and emphasizes that, as a result of the inadequacy of existing regulations and the lack of definitions of the different types of discrimination, there is a lack of understanding of the nature of discriminatory practices among workers and employers. The Committee urges the Government to take the necessary measures to ensure effective and comprehensive legal protection for workers against both direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, including “colour” and “political opinion”, and with respect to all aspects of employment and occupation, as provided for in Article 1(3). It further asks the Government to provide information on any proactive measures adopted to raise awareness on the concepts of direct and indirect discrimination among employers and workers, and their respective organizations, particularly in the context of the revision of the Labour Code.

Articles 1(1)(a), 2 and 3. Equality of opportunity and treatment for men and women. Addressing sex discrimination, gender stereotypes and occupational segregation. The Committee notes with interest: (1) the adoption of the Uzbekistan 2030 Strategy (Goal 25) and the Strategy to Achieve Gender Equality in Uzbekistan Until 2030, and the creation of gender-focused institutions such as the Gender Commission and the National Commission on Advancing Women’s Role in Society. It also notes the new Labour Code provisions supporting work–family balance and welcomes in this regard the ratification by Uzbekistan of the Workers with Family Responsibilities Convention, 1981 (No. 156), on 7 August 2024. The Government reports measures under the 2022–26 National Programme to expand women’s access to education, vocational training (particularly in science, technology, engineering and mathematics, STEM) and entrepreneurship, particularly in rural mahallas (neighbourhoods). Despite these initiatives, significant gender gaps persist in 2023: women’s labour force participation was 39.9 per cent – 32.9 points lower than men’s; women remain under-represented in management (35 per cent); and 42 per cent of young women were neither in employment, education nor training (NEET) – compared to 8.8 per cent of men. The Committee notes the concerns raised by the IUF regarding persistent stereotypes, limited access to higher education, and ongoing occupational segregation, with women concentrated in healthcare, social services and education. The Committee finally notes that several United Nations (UN) treaty bodies have recently expressed concern, in their concluding observations, regarding: (1) low enrolment rates of women and girls in tertiary and higher education and high drop-out rates among girls in secondary education; (2) the continued concentration of women and girls in traditionally female-dominated fields of study and their under-representation in STEM and information and communications technology (ICT), which reduces their prospects in the labour market; (3) persistent horizontal and vertical gender segregation in the labour market and under-representation of women in decision-making positions, including in the public sector; (4) entrenched discriminatory gender stereotypes, and insufficient efforts to ensure the equal sharing of domestic and child-rearing responsibilities between women and men; and (5) the low percentage of women’s land ownership (23 per cent) (CEDAW/C/UZB/CO/6, 1 March 2022, paras 19, 25, 31 and 35; and E/C.12/UZB/CO/3, 31 March 2022, para. 26). The Committee calls on the Government to strengthen efforts to challenge gender stereotypes and reduce occupational segregation, and to report on the impact of measures taken, supported by sex-disaggregated data on vocational training and employment, including by sector and occupational group, particularly in rural areas.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Assessing and addressing the gender pay gap. The Committee notes, that the gender pay gap remains significant, standing at 34 per cent in 2022. The Government indicates that this gap is largely attributable to occupational segregation, with women concentrated in lower-paid sectors, the disproportionate burden of family responsibilities borne by women, and gender-based discrimination. In its observations, the IUF emphasizes that unequal remuneration between men and women results from direct discrimination compounded by women’s predominance in low-paid sectors and in the lowest-paid positions. It also points out that the effective assessment of the gender pay gap is hampered by the absence of regularly published gender-disaggregated data. In this regard, the Committee welcomes the Government’s indication that, in the framework of the Strategy to Achieve Gender Equality in Uzbekistan Until 2030 – which identifies achieving equal pay for men and women for work of equal value as a specific objective – a reform of the national statistical system is planned with a view to introducing gender-disaggregated data. The Committee takes note of the concerns expressed: (1) by the UN Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), in its concluding observations, regarding the substantial gender pay gap and persistent horizontal and vertical segregation in the labour market, as well as barriers to women’s promotion to managerial positions, higher-paid jobs and decision-making roles, including within public administrations (CEDAW/C/UZB/CO/6, 1 March 2022, para. 31(b)); as well as (2) by the UN Committee on Economic, Social and Cultural Rights (CESCR) regarding the concentration of women’s entrepreneurship in low-profit sectors, such as wholesale and retail trade and agriculture, and home-based entrepreneurship, and the concentration of women in the informal economy and in low-paid jobs, often in exploitative conditions and without access to labour and social protection (E/C.12/UZB/CO/3, para. 26). It further notes the findings of recent research by the World Bank, which identified clear and systematic bias against women in wage-setting practices, who are both paid less on average and significantly less likely to reach higher income levels (World Bank, Country Gender Assessment, 2024). The Committee notes with concern this information and the absence of information from the Government on concrete measures taken to address these challenges in practice. The Committee urges the Government to take the necessary measures to reduce the gender pay gap through a multi-pronged approach. It requests the Government to provide information on proactive measures implemented or envisaged to address the structural causes of the gender pay gap, and statistical data on pay disparities, disaggregated by sex, if possible by economic sector and occupational category.

Articles 1(b) and 2(2)(a). Work of equal value. Scope of application. Legislation. The Committee notes the Government’s statement that, while section 21 of Law No. LRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men provides for “equal wages for women and men for equal labour”, section 244 of the new Labour Code – which explicitly refers to “ensuring equal pay for men and women for work of equal value” – shall prevail. Indeed, pursuant to section 18(4) of Law No. LRU-682 of 20 April 2021 on Normative Legal Acts, in the event of discrepancies, the provisions of the most recently adopted legislation shall apply. The Committee takes due note of this clarification and emphasizes that a clear understanding of the concept of “work of equal value” is essential to ensuring the full and effective application of the Convention. It also underscores the importance of ensuring coherence across all legislative provisions relating to equal remuneration, with a view to giving full effect to the Convention and facilitating its coherent supervision by the competent authorities. The Committee urges the Government to take the necessary measures to ensure that the principle of equal remuneration for work of equal value is consistently and coherently reflected throughout national legislation, including by aligning the provisions of Law No. LRU-562 of 2019 with those of the Labour Code to ensure legal certainty. It asks the Government to provide information on any legislative development in this regard.

The Committee is raising other matters in a request addressed directly to the Government.