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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Uzbekistan (RATIFICATION: 1992)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 30 August 2021. The Committee requests the Government to provide its comments in this respect.

Article 1(1)(a) of the Convention. Discrimination based on religion. Further to the previous observations made by IUF in 2020 according to which Muslim women who wear the hijab, face discrimination including in education, when applying for jobs and in employment, the Committee requested information on any specific measures taken to tackle discrimination on the grounds of religion in employment and occupation. In this regard, the Committee notes the Government’s indication that the National Human Rights Strategy (NHRS) and the Roadmap for its implementation have been adopted on 22 June 2020 by Presidential Decree No. 6012. The Government adds that the Roadmap indicates that, by the end of 2020, the draft of a new Law on Freedom of Conscience and Religious Organizations was expected to be completed. The Committee asks the Government to provide information on the current status of the draft Law on Freedom of Conscience and Religious Organizations and on the manner in which it addresses discrimination based on religion in employment and occupation, and to provide a copy once it is adopted. Noting that the Government does not provide information in this regard, the Committee reiterates it request to provide information on any specific measures adopted to tackle discrimination on the grounds of religion in employment and occupation in the framework of the 2017–21 Action Strategy and on the results achieved.

Discrimination based on national extraction. Luli/Roma community. Following its previous request concerning the measures taken to address situation of the members of the Luli/Roma community with regard to discrimination and to promote their equal opportunity and treatment in employment and occupation, the Committee notes the Government’s information recalling that, under the Constitution, all citizens have equal rights and enjoy equal freedoms. The Committee notes, in particular, that paragraph 17 of the NHRS Roadmap provides for the implementation of the Approach to Governmental Policy on Inter-Ethnic Relations 2019-2021, and ensures the social and cultural rights of national minorities, including through: (1) the development of a mechanism to provide the conditions for the spread of the languages and cultures of all nations and ethnicities living in the country; (2) their enhanced involvement in the social and political life of the country; and (3) the production of educational material in their languages. The Government adds that its policy is based inter alia on ensuring equality, strengthening the multicultural unity of the Nation, respecting languages and legally recognized customs and traditions, creating conditions for their full development, and promoting mutual understanding and social cohesion. The Committee further notes the Government’s indication that, according to data supplied by the Ministry of the Interior, the Luli/Roma population of Uzbekistan stands at 68,151 individuals, as well as the detailed information provided by the Government on the measures taken to improve the daily life of this community (medical assistance, housing, passports, etc.), The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed “concern about the socioeconomic discrimination and marginalization of the Luli/Roma with regard to their access to education, health, work and housing. In particular, the CERD remained concerned that Luli/Roma are confined to a low level of education, informal employment, temporary housing and unaffordable medical services.” (CERD/C/UZB/CO/10-12, 27 January 2020, paragraph 12). In this context, the Committee notes the adoption of the National Action Plan to implement the concluding observations and recommendations of the CERD, which provides for the adoption of a series of measures intended to safeguard the rights of and ensure social support for the Luli/Roma ethnic group during 2020-2025, in particular with respect to education. The Committee asks the Government to provide information on the measures envisaged or adopted to implement the Approach to Governmental Policy on Inter-Ethnic Relations 2019–2021 and the National Action Plan referred to above in the fields of vocational education and training and employment and the results achieved on training and employment opportunities for members of the Luli/Roma community.

Article 1(1)(b). Other grounds of discrimination. Persons with disabilities. In its previous comments, the Committee noted that Law No. 355 of 2013 amended section 68 of the Labour Code, to provide additional guarantees to persons with disabilities including job creation, special training programmes, the employer’s obligation to accept employment agency referrals and employment quotas. The Committee notes the information provided by the Government on the legal framework in force. The Government also indicates that: there were 2,000 persons with disabilities working in quota-limited positions in 2018; 2,800 persons in 2019; and 372 persons in the first five months of 2020. The Government also indicates that, with a view to providing inclusive education for children with disabilities, Presidential Decree No. 5712 of 29 April 2019 established the Development Roadmap for Public Education in Uzbekistan for the period until 2030, and a partnership network of work-study centres and business entities will be formed to examine the labour market and set up a system of inclusive education to train children with disabilities, including the installation of special facilities in institutions of general education (lifts, access ramps, handrails, etc.), as well as suitably qualified staff (special-needs teachers, educational psychologists). In addition, the Committee welcomes the adoption, on 15 October 2020, of the new Law on the Rights of Persons with Disabilities which came into force on 16 January 2021.With respect to training of persons with disabilities, the Government adopted the Development Roadmap for Higher Education for the period until 2030, approved by Presidential Decree No. 5847 of 8 October 2019. The Committee notes from the IUF’s observations that in practice, many persons with disabilities cannot find a job or opt for self-employment. According to the research data, only 7.1 per cent of persons with disabilities aged 16-59 are officially employed in the country and the employment rate of women and men with disabilities is 4.4 and 8.9 per cent respectively. The IUF also underlines that their access to education is limited, due to the absence of accessible environment at educational institutions. As a result, persons with disabilities have a rather low level of education, which also complicates their search for employment and makes it more difficult for them to find a job. Noting the persistent obstacles in practice encountered by persons with disabilities, despite the existing legal framework, the Committee asks the Government to take steps to increase its efforts to promote the employment of these persons, including through quotas. It also asks the Government to provide information on: (i) the implementation of the Law on the Rights of Persons with Disabilities with respect to employment and occupation; (ii) training opportunities developed for persons with disabilities, including through the Development Roadmap for Higher Education; and finally (iii) any cases of discrimination based on disability in employment and occupation dealt with by the competent authorities, including sanctions imposed and remedies granted.

Article 2. National Policy on Equality. Gender equality in employment and occupation. With reference to its previous comment, the Committee notes with interest the adoption of Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men. It notes that the law provides inter alia that: (1) the State bodies shall develop cooperation with the private sector in order to promote equality between women and men in the labour market, training and creation of conditions for employment; and (2) employers shall ensure equal opportunities for women and men in employment. Moreover, in accordance with Presidential Decision No. PP-4235 of 7 March 2019 on measures to further strengthen the guarantees of labour rights and support the activities of women entrepreneurs, “women’s business centres” have been established which provide the following services: (1) facilitating retraining in market-relevant occupations for women who have spent a long period away from work to care for a child or who find themselves in difficult economic circumstances, as well as their recruitment; (2) assisting and providing advice to women who have expressed interest in entrepreneurial activities; and (3) providing help to women engaged on an unofficial basis in artisanal activities to become registered, obtain preferential loans, etc. In addition, the Ministry for Employment and Labour Relations works actively to expand the opportunities for vocational training in market-relevant occupations, through vocational training courses and to introduce opportunities for employment and entrepreneurship in line with cooperative principles, through a system of subsidies to allow low-income families to develop smallholdings and set up agricultural cooperatives. The Government further indicates that in 2020, 389 cooperatives have been established in 141 districts of the country; 32 of these cooperatives are managed by women. The Committee notes that the IUF, in its observations, indicates that women’s significant underrepresentation in economic activities is characteristic of the labour market. It adds that an important factor of gender inequality is an extremely low enrolment rate in higher education among young women over the last two decades, i.e. at the level of 6.5 to 10 per cent, which considerably complicates women’s employment. Women’s unemployment rate (12.9 per cent) notably exceeds the men’s unemployment rate (7.2 per cent). The Committee asks the Government to continue to provide information on: (i) the measures taken to promote women’s access to employment and various occupations, and more specifically their access to a wider range of jobs including occupations with career opportunities, and to encourage their participation in a wide range of vocational and technical training courses and fields of study; and (ii) the impact of these measures on gender segregation in the labour market.

Workers with family responsibilities. For a number of years, the Committee has been asking the Government to amend the sections of Chapter IV of the Labour Code which contain measures applying to persons with family responsibilities which are only available to women workers (sections 228, 228(1), 229, and 232), and to fathers only in exceptional circumstances for example, where the mother has died or is hospitalized long-term (section 238). The Committee notes the Government’s indication that, in consultation with employers’ and workers’ representatives, the draft revised Labour Code contains draft provisions which ensure that parents have equal responsibilities for family care. In addition, the Committee notes with interest that, pursuant to Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men: (1) gender-based discrimination includes discrimination based on family responsibilities and is prohibited; (2) the State has to ensure equal rights and opportunities for women and men upon combining work and family obligations; (3) State bodies shall create conditions for women and men to combine professional and family obligations, including by mean of granting parental leave to both parents; (4) the employer shall ensure equal conditions for women and men for combining labour activities, participation in public life with family obligations, including by means of creation and expansion of a network of childcare institutions; and (5) provisions which ensure equal rights and opportunities for women and men, improve conditions for combining professional and family obligations shall be mandatorily included in collective contracts and agreements where the labour relations are governed by collective contracts. It also notes that section 24 provides for guarantees of equal rights and opportunities for women and men in the sphere of family relations and parenting, including equal rights to receive allowances. In the context of the labour law reform, the Committee asks the Government to ensure that the future provisions of the Labour Code concerning workers with family responsibilities apply to both men and women workers and to provide information on the provisions adopted in this regard. It asks the Government to provide information on the implementation in practice of Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men, including on any new provisions included in collective agreements to reconcile work and family responsibilities. The Committee also asks the Government to provide information on any awareness-raising measures adopted to raise awareness of the new legislation and on any cases of discrimination based on family responsibilities in employment and occupation dealt with by the competent authorities, including sanctions imposed and remedies granted.

Articles 2 to 5. Special measures of protection on the basis of sex. With regard to the list of jobs with harmful working conditions in which women are prohibited to work referred to in section 225 of the Labour Code, the Committee notes the Government’s indication that: (1) the list has been repealed by decision of the Ministry of Employment and Labour Relations and the Ministry of Health; (2) the Presidential Decision No. PP-4235 of 7 March 2019 on measures to further strengthen the guarantee of labour rights and support the activities of women entrepreneurs approved an advisory list of industries and occupations which may negatively affect women’s health; and (3) section 225 of the Labour Code on “Jobs in which women are prohibited from working” will be brought into line with international regulations and standards as part of the draft new Labour Code, which is currently undergoing stages of approval prior to final adoption. The Committee takes note that the list of jobs in which women are prohibited from working (section 225 of the Labour Code) has been repealed and replaced by a provisional list, pending the adoption of the new Labour Code. The Committee asks the Government to provide information on the criteria used to draw up the advisory list approved by Presidential Decision No. PP-4235 of 7 March 2019 and on the content of this list. It further asks the Government to provide information on the list of jobs in which women are prohibited from working in the new Labour Code once it is adopted.

Article 3(a). Cooperation with employers’ and workers’ organizations. Noting that the Government does not provide specific information in this regard, the Committee reiterates its request for information on: (i) the concrete steps taken by the social partners to promote and increase awareness of the legal provisions on equality and non-discrimination in the work place, such as by organizing seminars or training or developing handbooks or guides, codes of conduct, etc.; (ii) any joint initiatives plans which relate to equal opportunities and non-discrimination in employment and occupation; and (iii) any specific activities of the National Tripartite Committee on Social and Labour Affairs in this area.

Awareness-raising and enforcement. Noting that the Government only provides general information, the Committee asks again the Government to take concrete action to: (i) raise awareness of the relevant legislation among workers and employers, for example, through educational programmes or publication of guidelines or handbooks; (ii) enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination; and (iii) examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.