Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee would be grateful if the Government would supply, with its next report, copies of the legislation in force concerning labour relations in the public service and the execution of criminal sentences, as well as additional information on the following points.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of public servants to leave their service. Please provide information on provisions applicable to the public servants as regards their right to terminate employment at their own request.

2. The Committee notes the observations made by the Council of the Trade Unions Confederation of Uzbekistan, communicated by the Government with its report, according to which there are instances where the public sector workers are required to help farmers in the cotton harvest. The Committee requests the Government to provide its comments on these observations, indicating in particular, whether participation in the cotton harvest works is compulsory, and what sanctions are provided in case of a failure to participate in such works. Please also supply copies of the relevant legislative provisions, if any, and indicate whether other categories of the population are also required to help farmers in the cotton harvest.

Article 2(2)(a). Use of services exacted under compulsory military service laws. Please indicate what guarantees are provided to ensure that services exacted for military purposes under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Prison labour. 1. Please supply copies of provisions governing the work of persons serving a penalty of deprivation of freedom. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies and associations.

2. The Committee notes the provisions of the Code of Administrative Offences concerning “administrative arrest”, which is assigned by a court decision for a term of up to fifteen days (section 29) and involves an obligation to perform labour under the supervision and control of local authorities (section 346). It requests the Government to indicate whether convicted persons serving a penalty of “administrative arrest” can be placed at the disposal of private companies or associations (e.g. those engaged in the execution of public works).

Article 2(2)(d). Work exacted in cases of emergency. The Committee notes that work exacted under conditions of a state of emergency is excluded from the prohibition of forced labour under section 7 of the Labour Code. Please indicate whether any special legislation concerning a state of emergency has been adopted, and if so, please supply a copy. Please also state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions. The Committee notes that sections 135 and 138 of the Criminal Code contain provisions punishing with various penal sanctions the recruitment of persons for sexual or other exploitation and the forcible illegal deprivation of a person’s freedom. It requests the Government to provide information on the application of sections 135 and 138 in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

Noting also the provision of section 51 of the Code of Administrative Offences concerning the “administrative compulsion to perform labour in any form”, which is punishable by a fine, the Committee requests the Government to supply information on the application of this provision in practice, supplying copies of the relevant court decisions.