06/06/10 Briefing Notes on Uzbekistan’s Protection of Human Rights

Дата публикации: Feb 09, 2012 1:29:19 PM

BRIEFING NOTES ON UZBEKISTAN’S PROTECTION OF HUMAN RIGHTS

Specifically as it Relates to the Protection of the Rights of Children

(Tashkent, Uzbekistan, 30 May 2010) As part of its ongoing efforts to strengthen relations between Uzbekistan and the world community, the Embassy of Uzbekistan is today sharing these briefing notes on the current human rights situation in the country, especially as it relates to the rights of children.

Thanks to consistent social oriented market reforms and implementation of state social programs, namely “Healthy generation”, “Mother and Child”, “Year of Family”, “Year of Health”, “Year of Social Protection”, “Year of Youth”, “Year of Harmoniously Developed Generation” and others, conditions have been created in Uzbekistan to allow for enhanced protection of the social and economic rights of children and to provide for their comprehensive harmonized development.

Uzbekistan fully supports the main objectives of the Hague Global Child Labour Conference to strengthen the worldwide movement to achieve rapid universal ratification of International Labour Organization (ILO) Conventions 138 (Minimum Age) and 182 (Worst Forms of Child Labour) and to advance efforts to reach the 2016 target goals. Additionally, Uzbekistan supports the third ILO Global Report on Child Labour, entitled “Accelerating Action against Child Labour.”

In accordance with this support, the Uzbek Parliament has ratified 13 fundamental ILO Conventions, in particular the previously mentioned ILO Conventions 138 on Minimum Age for Admission to Employment and 182 on Worst Forms of Child Labour.

Additionally, in 2008, the Uzbek Government adopted by special decree the National Action Plan on Implementation of these ILO Conventions. This National Action Plan consists of thirty-seven concrete measures to be undertaken in four stages:

• • First: Improvement of legal controls over the illegal use of child labour;

  • Second: Monitoring the implementation of ILO Conventions Nos 138 and 182;

  • Third: Implementing a broad awareness campaign on the requirements of ILO Conventions Nos 138 and 182;

  • Fourth: Implementation of projects of international cooperation aimed at abolishing the worst forms of child labour.

In furtherance of raising awareness and compliance, Uzbekistan, in partnership with the International Programme on the Elimination of Child Labour (IPEC) of ILO has published an Uzbek language ILO/IPU “Handbook for parliamentarians: Eliminating the worst forms of child labour: a practical guide to ILO Convention no. 182” as well as “Collection of main 30 ILO Conventions.”

Legal Protections Against Child Labour in Uzbekistan

Uzbekistan consistently implements and adheres to international standards as outlined by the ILO in the sphere of prevention and prohibition of child labour, and secured by law reliable mechanisms for protection of the rights of children:

• • Any attempt to compel child labour is prohibited constitutionally and state guarantees are in place for the protection of children.

  • The Law “On Guarantees of Child Rights” states that a child is a person whose age is under 18 corresponding to international norms, and fixes guarantees in preventing child labour.

  • Labour legislation places a minimum age of employment as 16 and strictly defined exceptional cases as 15, and it puts into place conditions of labour and preferences to persons who are under 18.

  • The law “On fighting with Human Trafficking” puts into place mechanisms of counteractions to any forms of human exploitation, including enforcement of child labour laws.

  • Criminal legislation puts into place stricter penalties for involving children in illegal activities.

  • In 2001 Uzbekistan adopted the list of types of labour activity to which it is prohibited to involve children under 18.

  • In 2009 administrative liability was introduced for use of child labour in environments with adverse conditions.

Monitoring Mechanisms for Enforcement of Child Labour Provisions

Uzbekistan has created a system of state institutions with the express purpose of monitoring the child labour situation and eliminating the practice of illegal child labour, including:

• The Complex of Protection of Family, Motherhood and Childhood

Headed by the Deputy Prime-Minister of the Republic of Uzbekistan, coordinating the activity of state bodies and management on the issue of implementation of child rights as guaranteed by Constitution.

• Commission on affairs of Minors

Created within the Cabinet of Ministers of the Republic of Uzbekistan and headed by the Procurator-General of the Republic of Uzbekistan, whose responsibilities consist of dealing with almost all issues connected with the place of children in society, including monitoring non-admission of worst forms of child labour;

• Local Monitoring by the Ministry of Labour and Social Protection

Conducting legal inspections of labour conditions and reviews of compliance with child labour laws undertaken in every district of Uzbekistan.

NGO Involvement

In Uzbekistan there are active non-governmental organizations, social foundations, institutions of civil society, and international organizations that reach out and monitor almost all issues pertaining to the rights of children and fostering their physical, spiritual and intellectual development.

Educational Reforms

A powerful mechanism of prevention of child labour accepted by the international community is the implementation in Uzbekistan of reforms in education system that requires 12 years compulsory education for all children in the country.

Education spending in Uzbekistan has reached unprecedented levels with an annual investment in education of more than 10% of its GDP or 37% of the State budget. Today Uzbekistan is one of few countries of the world where average duration of education is almost 12 years and the age for finishing compulsory education is over 18.

The result of these efforts becomes clear and displays what an enormous potential of human capital Uzbekistan possesses. Literacy rate in Uzbekistan as of figures of World bank is one of the highest in the world with 99.34%.

Prevention Efforts

By developing an infrastructure of institutions of social protection of the population, with systems of material assistance to families, guardianship and trusteeship, Uzbekistan has created a culture of counteraction against the worst forms of child labour. In Uzbekistan it has almost eliminated such social phenomena as “child neglect” which in many countries is the main factor that generates worst forms of child labour.

Today the provisions of National Action Plan are being implemented consistently, monitoring the observance of labour legislation, in particular, on minimum age of employment and the elimination of worst forms of child labour, is being carried out. As a result of monitoring in 2009 over 200 officials were brought to administrative proceedings and 27 criminal cases were instituted.

State statistical reports include the figures reflecting the number of workers under the age of 18. These reports also include recommendations for special provisions guaranteeing the rights and additional safeguards provided by labor law and labor protection legislation against child labour, particularly those under 18, as well as ensuring their social protection in the workplace.

Additionally on October 2, 2008 a Joint Statement of the Association of Farms, the Council of Federation of Trade Unions, the Ministry of Labour and Social Protection of Population was adopted on the inadmissibility of the use of forced child labor in agricultural work.

A series of training seminars for employees of agencies on labour, media, trade union leaders and the administration of districts and cities to prevent child labor are also conducted on a regular basis.

Since 2008, in all regions of the country a “hotline” operates on child labor issues, to which the children and their parents can call at any time, if their rights have been violated.

• • Elimination of worst forms of child labour in Uzbekistan is being implemented by a number of methods:

  • Creating conditions for worthy labour and new working places as alternative to child labour.

  • Strengthening social protections and increasing incomes to low-income families which, according to international experts, are main providers of child labour.

  • Improving the educational potential of every child.

  • Strengthening monitoring over the enforcement of legislation – in particular on protection of rights, freedoms and legal interest of children.

In the reports of the ILO Director General a great deal of attention is again attached to the efforts at the national level in the spheres of creating and securing workplaces in the conditions of the global economic and financial crisis, and also elimination of the forced labour, including child labour.

Improving Living Conditions Amidst the Global Financial Crisis

At present in Uzbekistan there are a number of programs aimed at mitigating the effects of the global financial crisis. These programs, begun in 2009 and aimed to continue through 2012 have been outlined in detail in the book by President of Uzbekistan, Islam Karimov entitled “The global financial-economic crisis, ways and measures to overcome it in the conditions of Uzbekistan”. One of the main objectives among others addressing the decrease of living conditions of the population.

Around 50% of the population and labour resources of Uzbekistan are concentrated in rural areas. That’s why 2009 was declared as a “Year of Development and Improvement of the Countryside” and the adoption of a state program which implements special measures on the creation of workplaces and securing employment for the rural population. In particular, in 2009 more than 940,000 jobs were created. In the first quarter of current year this figure was 215,400, of which 150,100 or almost 69.7% were in rural areas.

These measures are fully in compliance with other measures recommended by the ILO and provisions of the global pact on workplaces.

2010 – “The Year of Harmoniously Developed Generation”

In Uzbekistan this year has been designated as one in which major issues are to be addressed more aggressively, including:

• • Improving the legal framework for protecting the rights and interests of children and youth, and strengthening the legal basis for their harmonious development;

  • Forming a healthy generation, primarily through the provision of a healthy inheritance, further implementation of the program "Healthy mother - healthy child" and the improvement of reproductive health of mothers, children and adolescents.

  • Accelerating the work being done in the field of physical education of the younger generation and children's sports, greater involvement in regular exercise among youth, especially girls in rural areas.

  • Developing a set of measures to further promote and to solve existing problems in the development of small businesses and private entrepreneurship, middle-class businesses and to create conditions for involvement in entrepreneurial activities among youth, especially in rural areas.

  • Enhancing care for young families, ensuring their legal and social protection, and creating the necessary conditions for the formation of healthy and strong families.

The Government of Uzbekistan conducts a range of activities in support of socially vulnerable families, and large families who need assistance. Since independence, it has formed a complete system to provide state social support for mothers and children.

In 2006 the total spending for social services and social support accounted for 51%, in 2009, this figure was already equal to 55.6%, in 2010 – 59.1%. In 2010, investment in healthcare will equal 1,7 trillion soums, representing an increase of 30% over 2009. Such attention to the needs of social sector development can rarely be noted in the world as a response to the global financial crisis.

We agree with assessment of ILO Director-General Mr Juan Somavia that there is mixed picture which “emerges from third Global Report and recent monitoring of progress towards the Millennium Development Goals”. In this context, it is stressed that Uzbekistan is gradually realizing measures on achievement of the Millenium Development Goals directed, first of all, to reduce poverty and to improve living standards, to activate the role of women in sustainable development of the society.

Regarding Media Reports Regarding Child Labour Practices

In the 2009 Global Report there is reference to “the situation in Uzbekistan where, following media reports about the use of forced child labor in the cotton industry, several major retailers and buyers stated they would no longer purchase cotton from the country” (pages 71-72).

In this context it is Uzbekistan’s position that some human rights NGOs are attempting to politicize the issue by becoming actively involved in this campaign. Taking this opportunity, a clarification regarding the issue of alleged use of child labor in the cotton industry of Uzbekistan:

• • Groundless statements by a number of companies and mass media campaigns regarding “massive coercion to engage children in agricultural works” have only one purpose – to undermine the high rating of Uzbek cotton in world market.

  • Recent frequent discussion on the matter is primarily related to the decision of the Government to process most of the country's grown cotton by its own means, as well as the decision to export the cotton directly, without any intermediaries, through cotton fairs organized in Uzbekistan. So as a result of this situation a number of large companies involved have lost their opportunity to acquire high-quality Uzbek cotton at cheap prices

In other words, the politicization of the child labor issue in Uzbekistan – is a coordinated and a time-tested method of unfair economic competition. Moreover, due to recent fundamental reforms in the agriculture sector, large-scale agricultural producers, including those ones of cotton, have been phased out and reorganized into small size farm households (during the last 3-4 years nearly the entire cotton crop has been grown by these households), where the employment pattern is mostly based on the participation of farmer’s family members. This makes it economically inefficient to practice massive recruitment of children for cotton picking with relatively small size households and their private ownership structure.

Participation of children under the age of 18 years old in the activity of mentioned farm households, which are family enterprises in nature, must be considered as a work in a family employed establishment and as a work of an assisting family member, which in its turn cannot be regarded as a violation of international labor standards, in particular the ILO Convention No 10 concerning the age for admission of children to employment in agriculture and the Convention No 60 concerning the age for admission of children to non-industrial employment (including agricultural), as per which employment age is not set for the employment in establishments in which only members of the employer's family are employed.

We draw great attention to international cooperation on issues of eliminating the worst forms of child labour. Information on implementation of a National Action Plan on observance of ILO Conventions Nos 138 and 182 on Child Labour is being distributed regularly to UN agencies, ILO, EU, OSCE and diplomatic corps.

The following projects are being implemented together with UNICEF:

• • Assistance to Implementation of National Action Plan on Child Labour

  • Action Plan on Program “Child Protection in 2010-2012”

The international program “Children of Aral Sea” in 2009-2010.