Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 matters raised in its previous direct request, which read as follows:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention.
1. Freedom of state employees to leave their service. The Committee notes the Government’s indication in its report that public servants are covered by the provisions of the Labour Code, which is of general application. Please indicate whether there is special legislation concerning employees at the service of the State and provide information on provisions applicable to this category of employees as regards their right to terminate employment at their own request.

2. Mobilization and use of labour for purposes of economic development in agriculture (cotton production). The Committee refers to its comments addressed to the Government under Convention No. 105.

Article 2, paragraph 2(a). Compulsory military service. The Committee notes the Government’s statement in the report that there have been no instances in Uzbekistan of using conscripts for non-military ends, though no guarantees are provided for to that effect in the national legislation. While noting this information, the Committee hopes that, on the occasion of the possible future revision of the legislation concerning compulsory military service, measures will be taken to provide clearly in the text of the law that services exacted for military purposes are used for purely military ends.

Article 2, paragraph 2(c). Prison labour. The Committee notes the provisions of the Code on the Execution of Penal Sanctions concerning the work of prisoners, provided by the Government in its report. It notes, in particular, that under section 88 of the Code, the use of prison labour for the profit of private persons is not allowed. The Government also indicates that persons serving a penalty of “administrative arrest” cannot be required to work for private companies or associations. However, noting that under section 88, prisoners are assigned to work, as a rule, at production units of the penitentiary institutions, but in some cases may be assigned to other enterprises, the Committee requests the Government to indicate whether prisoners can work for enterprises of the private sector and, if so, under what conditions. Please also supply copies of any relevant texts, e.g. contracts concluded between penitentiary institutions and private users of prison labour.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the provisions of sections 135 and 138 of the Criminal Code 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 requested the Government to provide information on the application of these provisions in practice. Since the Government’s report contains no information on this issue, the Committee hopes that the Government will not fail to provide, in its next report, information on the application in practice of sections 135 and 138 of the Criminal Code, supplying copies of the relevant court decisions and indicating the penalties imposed. Please also supply information on the application in practice of section 51 of the Code of Administrative Offences punishing the “administrative compulsion to perform labour in any form”, supplying copies of the relevant judicial decisions.