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

CMNT_TITLE

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.

CMNT_TITLE

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 regard.

Article 1(1) of the Convention. Protection against discrimination in employment and occupation. Prohibition and definition of direct and indirect discrimination. Prohibited grounds of discrimination. Legislation. The Committee recalls that, in its previous comment, it requested the Government to consider amending section 6 of the Labour Code, which contains an open list of discrimination grounds, in order to include an explicit reference to the grounds of “colour” and “political opinion” and a prohibition of indirect discrimination. The Committee notes the Government’s indication that a draft revised Labour Code is currently at the final stage of adoption. It notes in particular that draft section 4, which is reproduced by the Government in its report, includes: (1) an open list of prohibited discrimination grounds as follows: “sex, age, race, nationality, skin colour, language, social origin, material and employment status, place of residence, attitude towards religion, beliefs, membership of public associations, and any other circumstances unrelated to the qualifications of the worker or the results of his/her work”; (2) an explicit prohibition of discrimination; (3) a definition of discrimination that is not in line with Article 1(1) of the Convention; and (4) no definition of indirect discrimination. The Committee further notes the Government’s indication that Presidential Decree No. 6012 of 22 June 2020 adopted the National Human Rights Strategy and the Roadmap for its implementation. The Government adds that, pursuant to the Roadmap, a draft law on equality and the prohibition of discrimination, which was originally scheduled for completion by April 2021, will provide for the introduction into law of the concepts of “discrimination”, “direct, indirect and multiple discrimination” and “basis of discrimination”, and full protection for citizens against possible discrimination in various areas of public life on the basis of race, sex, language, religion, political beliefs, national or social origin, and material, class or other status.

The Committee notes that, in its observations, the IUF describes the national legal framework respecting discrimination in employment (the Labour Code of 1995, the Law on Employment of 2020 and the Law on the Guarantees of Equal Rights for Women and Men of 2019) and emphasizes that this legislation does not: (1) provide a general definition of discrimination; (2) define the terms “direct discrimination” and “indirect discrimination” on grounds other than gender; (3) refer to “multiple discrimination”; (4) provide any specific examples of actions that are considered discriminatory; and (5) provide any efficient measures of legal protection for victims of discrimination through judicial and administrative litigation procedures. The IUF adds that, in this context, the general prohibition of discrimination is of declarative nature and protection against discrimination remains insufficiently effective. Therefore, there is no clarity for employers and the judiciary of what discrimination is about, what actions are considered discriminatory and how discrimination can and must be prevented, while for employees it is not clear in which cases they should seek protection against discrimination and what to do about it. The Committee wishes to recall that direct discrimination occurs when less favourable treatment is explicitly or implicitly based on one or more prohibited grounds and that it includes sexual harassment and other forms of harassment. It also recalls that indirect discrimination refers to apparently neutral situations, regulations, or practices which in fact result in unequal treatment of persons with certain characteristics. It occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion, and is not closely related to the inherent requirements of the job (General Survey on the fundamental Conventions, 2012, paragraphs 744 and 745).

In light of the above, the Committee asks the Government to seize the opportunity of the revision of the Labour Code, currently before Parliament, to ensure that it includes a definition of “direct discrimination” and “indirect discrimination” and a clear prohibition of both, in all aspects of employment, including recruitment, and an explicit reference to the grounds of “political opinion” and “national extraction” in addition to the grounds already explicitly covered. In the meantime, the Committee asks the Government to indicate how the expression “any other circumstances unrelated to the qualifications of the worker or the results of his/her work” in section 6 of the Labour Code has been interpreted by the courts, indicating in particular if it has ever been used to address discrimination based on “political opinion” or “national extraction”. The Committee also asks the Government to indicate the progress made regarding the draft law on equality and the prohibition of discrimination envisaged in the Roadmap for the implementation of the Human Rights Strategy.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee asked the Government to: (1) take steps to include provisions in the legislation defining and prohibiting both quid pro quo and hostile working environment sexual harassment; and (2) provide information on any practical steps taken to raise awareness and address the issue of sexual harassment in employment and occupation and any related collaboration with the workers’ and employers’ organizations. In this regard, the Committee notes that the Government refers to section 121 of the Criminal Code, which criminalizes forced sexual intercourse, physically and verbally, and to section 3 of Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men, which includes “sexual harassment” in the definition of “discrimination based on sex”. The Government also refers to Law No. ZRU-561 of 2 September 2019 on the Protection of Women against Harassment and Abuse, which does not define “sexual harassment” as such. The Committee observes however that section 3 of Law No. ZRU-561 contains various definitions, including: (1) “sexual abuse” defined as “a form of abuse of a woman that impinges upon her sexual integrity and sexual freedom through the commencement of acts of a sexual nature without her consent, as well as the compulsion to engage in sexual intercourse with a third party, or female child molestation”; (2) “abuse” defined as “illegal action (or inaction) against a woman that impinges upon her life, health, sexual integrity, honour, dignity and other rights and freedoms protected by law through the use or threat of other kinds of physical, psychological, sexual or economic coercion”; and (3) “harassment” defined as “action (or inaction) humiliating the honour and dignity of a woman or any repetitive act which does not presuppose administrative or legal liability”. The Committee further observes that Law No. ZRU-561 only applies to women, whereas provisions regarding sexual harassment must apply to both men and women, and that the definitions in the Criminal Code and Law No. ZRU-561 do not cover the whole range of behaviours that can constitute quid pro quo and hostile work environment sexual harassment. In that regard, the Committee recalls that addressing sexual harassment through criminal proceedings only is often not sufficient (due to the sensitivity of the issue, the more onerous burden of proof, and the limited range of behaviours addressed) and that all forms of sexual harassment (criminal offences or not) should be covered by national legislation. With regard to practical steps taken to raise awareness and address the issue of sexual harassment in employment and occupation and any related collaboration with workers’ and employers’ organizations, the Committee notes that, according to Law No. ZRU-561, the main objectives of the State policy shall be: (1) the creation of an atmosphere of zero tolerance to harassment and abuse of women in the society; (2) the enhancement of legal awareness and legal culture in the society and the strengthening of the rule of law; and (3) the cooperation between state bodies, self-governing bodies of citizens, non-governmental non-profit organizations and other civil society institutions in order to prevent harassment and abuse (section 5). Moreover, authorized bodies and organizations shall interact in the following areas: exchange of information on the verified facts of harassment and abuse; coordination of response measures and provision of effective assistance to victims of harassment and abuse; joint implementation of measures to exchange experiences; training and advanced training of specialists; monitoring compliance with legislation; and development of proposals for improving the legislation and its application (section 14). Recalling that addressing sexual harassment through criminal proceedings only is not sufficient to combat all forms of sexual harassment, the Committee urges the Government to take steps to formally prohibit in the civil or labour law both quid pro quo and hostile environment sexual harassment and to provide dissuasive sanctions and appropriate remedies. In this regard, the Committee asks the Government to provide information on the number of cases of sexual harassment dealt with by the competent authorities.

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

CMNT_TITLE

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 1 September 2017, on the Government’s alleged failure to comply with the principle of the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes with regret that the Government’s report once again contains no information in response to a number of its previous requests. The Committee wishes to stress that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including the progress achieved since its ratification. The Committee urges the Government to ensure that the next report contains full information on the points described below.

Article 1(1)(a) of the Convention. Legislation. The Committee previously noted that section 6 of the Labour Code which prohibits direct discrimination based on sex, age, race, nationality, language, social origin, wealth, employment status, religion, beliefs, membership of public associations, and any other circumstances not related to the qualifications of the worker or the results of his/her work, does not refer explicitly to the grounds of political opinion and colour, nor does it contain a prohibition on indirect discrimination. The Committee asked the Government to consider amending section 6 of the Labour Code accordingly, and in the meantime, to provide information on the steps taken to ensure that workers are protected in practice against discrimination on the grounds of political opinion and colour. The Committee notes that the Government has not provided new information in relation to its previous request. The Committee recalls that while the Convention does not impose a strict obligation to legislate in all of the areas covered, it does require the State to review whether legislation is needed to secure the acceptance and observance of the principles of the Convention. The necessity of legislative measures to give effect to the Convention must thus be assessed within the framework of the national policy as a whole. The enactment of constitutional or legislative provisions or regulations continue to be one of the most widely used means to give effect to the principles of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraphs 734–737). The Committee urges the Government to consider including in section 6 of the Labour Code an explicit reference to the grounds of political opinion and colour, as well as a prohibition of indirect discrimination. Until such amendments are made, the Committee urges the Government to identify the measures adopted to ensure that workers are protected in practice against discrimination based on political opinion or colour in all aspects of employment and occupation. The Committee also asks the Government to provide information on the practical application of section 6 of the Labour Code, including copies of relevant administrative or judicial decisions.

Gender equality in employment and occupation. In its previous comments, the Committee noted: (i) the persistence of horizontal and vertical segregation in employment and occupation; (ii) that girls and women remained under-represented in academic lyceums, vocational training, and institutes of higher learning, and that choice of specialties in learning institutions differed between men and women; and (iii) that the Government was in the process of improving a draft law on “guarantees of equal rights and equal opportunities for women and men” aimed at preventing discrimination against women. The Committee encouraged the Government to promote women’s access to a wider range of jobs and to vocational training, and to provide information in this regard. The Committee notes that the Government’s report is silent on these issues. It notes from the IUF’s observations, however, that approximately 30 per cent more women have an incomplete higher education as compared to men; that there are 1.5 times more men than women in higher education, and that there are twice as many men in doctoral studies. The IUF alleges that when participating in job interviews, women are asked questions concerning their marital status and their plans for child-rearing. The Committee also notes, from the IUF’s observations under the Equal Remuneration Convention, 1951 (No. 100), that the draft law on “guarantees of equal rights and equal opportunities for women and men” was never adopted and that women face a number of gender-related issues such as unequal access to financial services and having to combine both their business activity and domestic duties. The Committee notes from the Report of the United Nations Special Rapporteur on freedom of religion or belief that, in order to fight gender segregation, awards are granted to girls entering higher education and a financial incentive is given to increase entrepreneurship among women (A/HRC/37/49/Add.2, 22 February 2018, paragraph 90). The Committee notes from the Uzbekistan Gender Statistics available on the Government website, that horizontal and vertical segregation in employment and occupation persists. In 2016, women still made up 45.7 per cent of the labour force but they continued to be over-represented in the health and education sectors (where they respectively represented 76.5 per cent and 75.6 per cent of the workforce) and under-represented in the construction (5.8 per cent) and transportation (7.2 per cent) sectors. The Committee asks the Government to provide information on the concrete steps taken to promote women’s 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 and fields of study, and to provide information on the impact of these measures on gender segregation in the labour market. The Government is also asked to provide statistical information on the distribution of men and women respectively in the different economic sectors and occupations, as well as in vocational and technical training. The Committee asks the Government to indicate whether the draft law guaranteeing equal rights and equal opportunities for women and men has been abandoned or whether it is still being discussed with a view to enactment.

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. Noting the absence of information provided in this regard, the Committee reiterates its request that the Government provide information on specific measures taken or envisaged under section 68 of the Labour Code including participation rates in training programmes and subsequent employment, and employment quotas for persons with disabilities.

National and ethnic minorities. The Committee previously noted that Roma fared below the national average in educational achievement, were concentrated in low-paying employment, and that members of ethnic minorities in general were under-represented in the judiciary and in public administration. The Committee asked the Government to provide information on the measures taken to address the situation. Noting the lack of information in the Government’s report in this regard, the Committee once again asks the Government to provide information on the measures taken to address the situation of the members of the Luli/Roma community and to promote their equal opportunity and equal treatment in employment and occupation. Once again, it asks the Government to provide information on the actual situation of national and ethnic minority groups in the country with regard to access to employment and particular occupations, and to provide relevant data, disaggregated by ethnic origin and sex, in this respect.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee previously noted that paragraph 39 of the 2014–16 General Agreement on Social and Economic Affairs signed between the Cabinet Ministers, the Council of the Federation of Trade Unions, and the Chamber of Commerce and Industry stated that it is necessary to adhere to the Convention when complying with guarantees and benefits offered under national law. The Government previously indicated that each year, the Ministry of Labour and Social Protection and the Council of the Federation of Trade Unions approve and implement a Joint Initiatives Plan comprised of five sections including payment for work and the setting of norms, legal protection, employment and the labour market, and legal knowledge and public-awareness campaigns. The Committee notes the Government’s indication that a new General Agreement 2017–19 on Social and Economic Affairs was concluded between the parties. This seeks to promote equal rights and non-discrimination in the work place by increasing awareness of the law through courses, seminars and programmes. It notes, however, that no information is provided on concrete steps taken to give effect to the Convention in practice. The Committee asks the Government to provide a copy of the 2017–19 General Agreement and detailed information on the concrete steps taken by the social partners to promote and increase awareness of the law 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. Noting the absence of information provided in this regard, the Committee once again asks the Government to provide information on any aspects of the most current joint initiatives plan which relate to equal opportunities and non-discrimination in employment and occupation.

Enforcement. The Government previously indicated that during 2013 and the first half of 2014 the Ministry of Labour and Social Protection had not received any complaints of racial discrimination. Recalling that the absence of cases or complaints is not a sign of an absence of discrimination occurring in practice, the Committee asked the Government to provide information on the steps taken to raise awareness of the relevant legislation. It notes the Government’s statement that the Federation of Trade Unions of Uzbekistan carries out public monitoring of compliance with labour law with regard to employment. The Government further states that, when labour inspectors carry out inspections and monitoring exercises, they also check that employers comply with the Convention. The Committee notes, however, that the IUF alleges that there is no public understanding of what constitutes discrimination and that legal assistance is seldom available, making it difficult for victims of discrimination to enforce their rights. The IUF adds that in practice, only isolated incidents concerning discrimination have been heard by the courts and it further states that there are no official statistics available on the number of cases reviewed by the courts involving discrimination and that there have been no discrimination complaints made to the labour inspectorate. The Committee encourages 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.

The Committee once again asks the Government to provide information on the number and nature of cases concerning discrimination addressed by the courts and the labour inspectorate.

CMNT_TITLE

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) received on 1 September 2017 alleging the Government’s failure to comply with the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes with regret that the Government’s report once again contains no information in response to a number of its previous requests. The Committee wishes to stress that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including any progress achieved since its ratification. The Committee urges the Government to ensure that the next report contains full information on the matters raised below.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that the Government once again has provided no information in response to its request for information on awareness-raising activities and on measures taken to prohibit sexual harassment in the relevant legislation. The Committee recalls that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights, and is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee wishes to stress the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation. Such steps should address both quid pro quo and hostile work environment sexual harassment. The Committee urges the Government to take steps to include provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in legislation. Recalling that it has been raising this issue since 2005, the Committee urges the Government to identify any practical steps taken to raise awareness and address the issue of sexual harassment in employment and occupation and any related collaboration with the workers’ and employers’ organizations.

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 that the Government has not provided any information in this regard. It further notes, from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), enclosing an example of a collective agreement, that numerous provisions provide special protection and benefits to women with children or “people bringing up children without their mother”. The Committee, therefore, once again emphasizes that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain family-related rights and benefits, it reinforces stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (see 2012 General Survey on the fundamental Conventions, paragraph 786). The Committee requests the Government to identify the steps taken, in consultation with employers’ and workers’ organizations, to amend the relevant parts of Chapter IV of the Labour Code in the light of the principle of equal treatment, to ensure that measures aimed at reconciling work and family are available to men and women with family responsibilities on an equal footing and to provide specific information in this regard.

Discrimination based on religion. The Committee notes the IUF’s observations according to which Muslim women who wear the hijab, face discrimination including in education, when applying for jobs and in employment. The IUF cites, as an example, cases where Muslim women were forced to quit their jobs, were banned from running their own business, intimidated and expelled from higher education. The Committee further notes, from the Report of the United Nations Special Rapporteur on freedom of religion or belief on his mission to Uzbekistan that a 2017–21 Action Strategy for the development of five priority areas was adopted, and that area V covers religious tolerance and inter-ethnic harmony (A/HRC/37/49/Add.2, paragraph 2). The Committee requests the Government to provide information on the specific measures taken to tackle discrimination on the grounds of religion in employment or occupations, including in the framework of the 2017–21 Action Strategy, and on the results achieved. Please also provide a copy of the 2017–21 Action Strategy.

Article 5. Special measures of protection on the basis of sex. The Committee recalls that since 2005, it has been asking the Government to provide a copy of the list of jobs with harmful working conditions in which women are prohibited from working, referred to in section 225 of the Labour Code. The Committee notes with regret that the Government has not provided the list and merely states that distinctions in employment are not deemed discriminatory if they are determined by the characteristics of the job or by the State’s special concern for persons in need of greater social protection. The Committee notes from the IUF’s observations that it considers that the inclusion of women in the category of people requiring enhanced social protection leaves open the possibility of direct discrimination against women. The Committee recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see the 2012 General Survey on the fundamental Conventions, paragraphs 838–840). The Committee therefore urges the Government to provide a copy of the list of jobs with harmful working conditions in which women are prohibited from working referred to in section 225 of the Labour Code, in order to enable the Committee to assess whether this list of prohibited jobs constitutes a special measure falling under the scope of Article 5.

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

CMNT_TITLE

Article 1(1)(a) of the Convention. Legislation. The Committee notes that the Government refers to section 6 of the Labour Code which prohibits, in the field of employment relationships, direct discrimination (any restrictions or privileges) based on sex, age, race, nationality, language, social origin, wealth, employment status, religion, beliefs, membership of public associations, and any other circumstances not related to the qualifications of the worker or the results of his/her work. While noting that section 6 refers to “any other circumstances”, the Committee once again requests the Government to consider including in section 6 of the Labour Code an explicit reference to the grounds of political opinion and colour, as well as a prohibition of indirect discrimination. Until such amendments can be made, the Committee requests the Government to provide information on the measures taken to ensure that workers are protected in practice against discrimination based on political opinion or colour in all aspects of employment and occupation. Please also provide information on the practical application of section 6 of the Labour Code, including copies of relevant administrative or judicial decisions.

Sexual harassment. The Committee notes that the Government once again has provided no information in response to its request for information on awareness-raising and amending the relevant legislation to prohibit sexual harassment. The Committee recalls from its General Survey on the fundamental Conventions, 2012, paragraph 789, that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights, and is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo and hostile environment sexual harassment. The Committee once again requests the Government to indicate any practical measures taken to raise awareness and address the issue of sexual harassment in employment and occupation and any related collaboration with the workers’ and employers’ organizations. The Committee reiterates its hope that the Government will take measures to include provisions to define and prohibit both quid pro quo and hostile environment sexual harassment in legislation.

Gender equality in employment and occupation. The Committee notes from the Uzbekistan Gender Statistics available on the Government website, the persistence of horizontal and vertical segregation in employment and occupation; in 2012, women made up 45.4 per cent of the labour force of which approximately one third were concentrated in education, culture, art, science and scientific services (68.4 per cent women) and health care, sports and social security (76.2 per cent women), while men were 90.8 per cent of workers in the construction sector and 87.8 in the transport and communication sector. The Committee notes from the report of the Asian Development Bank, Uzbekistan Country Gender Assessment 2014, that in all sectors, men occupy on average 73 per cent of management positions, and even in sectors where women are well represented, women account for only about one third of managers. In the private sector, women comprise 12 per cent of managers in small enterprises, 9 per cent in medium-sized enterprises, and 5.5 per cent in large enterprises (paragraph 58). The Committee also notes from the Government’s Fifth Periodic Report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that girls and women remain under-represented in academic lyceums (40.5 per cent women), vocational training (49.1 per cent women), and institutes of higher learning (38.5 per cent women), and that choice of specialties in learning institutions differ between men and women, with women studying in sectors such as education (72.6 per cent) and men in sectors such as industry and construction (93.3 per cent). The Report also indicated that the Government is currently improving a draft law on “guarantees of equal rights and equal opportunities for women and men” aimed at preventing discrimination against women (CEDAW/C/UZB/5, 13 April 2014, paragraphs 31 and 189–193). The Committee once again requests the Government to provide information on the concrete measures taken to promote women’s 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 and fields of study, and information on the impact of these measures on gender segregation in the labour market. Please also provide statistical information on the distribution of men and women respectively in the different economic sectors and occupations, as well as in vocational and technical training, and a copy of the law on guarantees of equal rights and equal opportunities for women and men once adopted.

Workers with family responsibilities. For a number of years the Committee has been noting that Chapter IV of the Labour Code, “additional guarantees and benefits for specific categories of workers”, contains certain measures applying to persons with family responsibilities which are generally only available to women workers (sections 228(1), 228, 229, 232). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee refers to paragraph 786 of its General Survey on the fundamental Conventions, 2012, in which it emphasizes that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. The Committee notes Law No. 355 of 7 October 2013 to Amend and Supplement, as well as to repeal Several Legal Acts of the Republic of Uzbekistan, which amends section 68 of the Labour Code to provide additional guarantees to single parents with children under the age of 14 and children with disabilities, including job creation, special training programmes, an employer’s obligation to accept employment agency referrals, and employment quotas. The Committee once again requests the Government to indicate the steps taken, in consultation with employers’ and workers’ organizations, to amend the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, and to ensure that measures aimed at reconciling work and family are available to men and women with family responsibilities on an equal footing and to provide specific information in this regard.

Persons with disabilities. The Committee notes that Law No. 355 of 2013 amends 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 requests the Government to provide specific information on measures adopted or envisaged under section 68 of the Labour Code including participation rates in training programmes and subsequent employment, and employment quotas for persons with disabilities. Please also provide a copy of the Social Protection of Disabled Persons Act and its amending Acts.

National and ethnic minorities. The Committee notes the concern of the United Nations Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations, that Roma fare below the national average in educational achievement, are concentrated in low-paying employment. According to CERD, a large majority of Roma are recipients of public welfare benefits. CERD also expresses concern at the under-representation of members of ethnic minorities in the judiciary and public administration (CERD/C/UZB/CO/8-9, 14 March 2014, paragraphs 11 and 14). The Committee requests the Government to provide information on the measures taken to address the situation of the members of the Luli/Roma community and to promote their equal opportunity and treatment in employment and occupation. The Committee requests the Government to provide information on the actual situation of national and ethnic minority groups in the country with respect to access to employment and particular occupations, and to provide relevant data, disaggregated by ethnic origin and sex, in this respect.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that paragraph 39 of the 2014–16 General Agreement on Social and Economic Affairs between the Cabinet Ministers, the Council of the Federation of Trade Unions and the Chamber of Commerce and Industry signed in December 2013 states that it is necessary to adhere to the Convention when complying with guarantees and benefits offered under national law. The Government further indicates that each year the Ministry of Labour and Social Protection and the Council of the Federation of Trade Unions approve and implement a joint initiatives plan comprised of five sections including payment for work and the setting of norms, legal protection, employment and the labour market, and legal knowledge and public awareness campaigns. The Committee requests the Government to provide a copy of the 2014–16 General Agreement and specific information on any aspects of the most current joint initiatives plan which relate to equal opportunities and non-discrimination in employment and occupation.

Article 5. Special measures of protection on the basis of sex. For a number of years, the Committee has been requesting the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code. Noting that once again this list has not been provided, the Committee urges the Government to do so with its next report.

Enforcement. The Committee notes the Government’s indication that the Cabinet of Ministers’ Resolution No. 29 of 19 February 2010 specifies that the state labour inspectorate is subordinate to the Ministry of Labour and Social Protection, and one of its main goals is to prevent discrimination in industrial relations. The Government further indicates that in 2013 and the first half of 2014 the Ministry of Labour and Social Protection received no complaints of racial discrimination. The Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraphs 790 and 870). The Committee notes from the Government’s Fifth Periodic Report to CEDAW that between 2010 and 2013, the civil courts examined 110 claims involving discrimination against women of which 83 were satisfied (CEDAW/C/UZB/5, paragraph 78). The Committee requests the Government to provide specific information on action taken to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Please also provide information on the number and nature of cases concerning discrimination addressed by the courts and the labour inspectorate.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. Legislation. In reply to the Committee’s request to the Government to indicate the legal provisions prohibiting discrimination in respect of selection and recruitment, the Government refers to section 58 of the Labour Code which provides that the State shall guarantee, inter alia, freedom of choice of occupation and protection against unlawful refusal to hire. The Committee notes that, while these provisions bind the State to provide certain guarantees, there are apparently no provisions specifically prohibiting private employers from discriminating against candidates for employment. The Committee also notes the Government’s reply to its previous comments concerning the protection from discrimination in employment and occupation of non-citizens, the absence of any prohibition on the grounds of colour and political opinion, and the absence of a provision in the Labour Code regarding indirect discrimination. While the Committee welcomes that the Labour Code does address discrimination at work, the Committee considers it important that a definition of direct and indirect discrimination in employment and occupation, including in respect of selection and recruitment, is included in the legislation. Such a definition should cover all prohibited grounds referred to in Article 1(1)(a) of the Convention, including colour and political opinion, as well as other relevant grounds, as envisaged under Article 1(1)(b). Please indicate the measures taken or envisaged in this regard.

Sexual harassment. The Government asserts that there have been no instances of sexual harassment at work. However, the Committee is unable to appreciate on what basis the Government has arrived at such a conclusion. It considers that the mere absence of complaints concerning sexual harassment at work does not necessarily imply that such practices do not exist. The Committee requests the Government to indicate any measures taken to raise awareness of the issue of sexual harassment at work and any related collaboration with the workers’ and employers’ organizations. It also hopes that the Government will take measures to include provisions to define and prohibit sexual harassment in the legislation, in accordance with the Committee’s 2002 general observation on this issue.

Gender equality in employment and occupation. The Committee notes that, according to statistical data compiled by the ILO, in 2007, 58.4 per cent of women over 15 years of age were economically active compared to 70.1 per cent among men. The Committee also notes the data contained in the 2005 publication Gender Equality in Uzbekistan: Fact and Figures published by the State Committee on Statistics which indicates that the horizontal and vertical segregation based on gender persists. The Committee is particularly concerned about the very low representation of women in management positions, except in sectors such as education, communication or culture. The Committee urges to the Government to provide information on the concrete measures taken to actively promote equality of opportunity and treatment of men and women in the labour market, and on the results achieved in addressing the existing occupational segregation based on gender, as well as detailed statistical information on the participation of men and women in the different sectors and occupations.

Workers with family responsibilities. The Committee recalls that Chapter IV of the Labour Code (“additional guarantees and benefits for specific categories of workers”) contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228-1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stressed that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. Noting the Government’s statement that it had taken these comments into consideration, it requests the Government to indicate the steps taken to amend the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

Article 5. Special measures of protection on the basis of sex. The Committee requested the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code. Noting that this list has not yet been provided, the Committee hopes that the Government will do so with its next report.

Enforcement. The Government states that no difficulties with regard to the practical application of the Convention have arisen. The Committee, nevertheless, requests the Government to provide information on action taken by the competent authorities to enforce the legislation applying the Convention and the number and nature of cases concerning discrimination addressed by them.

CMNT_TITLE

Article 1 and 2 of the Convention. Legislation. In reply to the Committee’s request to the Government to indicate the legal provisions prohibiting discrimination in respect of selection and recruitment, the Government refers to section 58 of the Labour Code which provides that the State shall guarantee, inter alia, freedom of choice of occupation and protection against unlawful refusal to hire. The Committee notes that while these provisions bind the State to provide certain guarantees, there are apparently no provisions specifically prohibiting private employers from discriminating against candidates for employment. The Committee also notes the Government’s reply to its previous comments concerning the protection from discrimination in employment and occupation of non-citizens, the absence of any prohibition on the grounds of colour and political opinion, and the absence of a provision in the Labour Code regarding indirect discrimination. While the Committee welcomes that the Labour Code does address discrimination at work, the Committee considers it important that a definition of direct and indirect discrimination in employment and occupation, including in respect of selection and recruitment, is included in the legislation. Such a definition should cover all prohibited grounds referred to in Article 1(1)(a) of the Convention, including colour and political opinion, as well as other relevant grounds, as envisaged under Article 1(1)(b). Please indicate the measures taken or envisaged in this regard.

Sexual harassment. The Government asserts that there have been no instances of sexual harassment at work. However, the Committee is unable to appreciate on what basis the Government has arrived at such a conclusion. It considers that the mere absence of complaints concerning sexual harassment at work does not necessarily imply that such practices do not exist. The Committee requests the Government to indicate any measures taken to raise awareness of the issue of sexual harassment at work and any related collaboration with the workers’ and employers’ organizations. It also hopes that the Government will take measures to include provisions to define and prohibit sexual harassment in the legislation, in accordance with the Committee’s 2002 general observation on this issue.

Gender equality in employment and occupation. The Committee notes that according to statistical data compiled by the ILO, in 2007, 58.4 per cent of women over 15 years of age were economically active compared to 70.1 per cent among men. The Committee also notes the data contained in the 2005 publication Gender Equality in Uzbekistan: Fact and Figures published by the State Committee on Statistics which indicates that the horizontal and vertical segregation based on gender persists. The Committee is particularly concerned about the very low representation of women in management positions, except in sectors such as education, communication or culture. The Committee urges to the Government to provide information on the concrete measures taken to actively promote equality of opportunity and treatment of men and women in the labour market, and on the results achieved in addressing the existing occupational segregation based on gender, as well as detailed statistical information on the participation of men and women in the different sectors and occupations.

Workers with family responsibilities. The Committee recalls that Chapter IV of the Labour Code (“additional guarantees and benefits for specific categories of workers”) contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228-1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stressed that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. Noting the Government’s statement that it had taken these comments into consideration, it requests the Government to indicate the steps taken to amend the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

Article 5. Special measures of protection on the basis of sex. The Committee requested the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code. Noting that this list has not yet been provided, the Committee hopes that the Government will do so with its next report.

Enforcement. The Government states that no difficulties with regard to the practical application of the Convention have arisen. The Committee, nevertheless, requests the Government to provide information on action taken by the competent authorities to enforce the legislation applying the Convention and the number and nature of cases concerning discrimination addressed by them.

CMNT_TITLE

The Committee notes with regret 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:

1. Article 1 of the Convention. Application in respect of non-citizens. The Committee notes that the provisions on non-discrimination contained in article 18 of the Constitution and section 6 of the Labour Code cover only citizens of the Republic of Uzbekistan. The Government is therefore requested to provide information on how the Convention is applied in law and practice to non-citizens. Please indicate in this regard the number of non-citizens present in the country and the remedies available to them in case of discrimination in employment and occupation.

2. Indirect discrimination. The Committee recalls that the Convention is intended to cover direct and indirect discrimination (see the 1996 Special Survey on the Convention, paragraphs 25–26). The Government is requested to indicate how the legislation covers indirect discrimination.

3. Discrimination on the basis of political opinion and colour. The Committee notes that no reference is made in the Constitution and relevant legislation establishing the principle of non-discrimination in employment and occupation to the grounds of political opinion and colour, which are listed as prohibited grounds of discrimination in Article 1(1)(a) of the Convention. While noting that section 6 of the Labour Code refers to “any other factors” unrelated to professional qualifications and output, the Committee recommends including political opinion and colour explicitly as prohibited grounds in national legislation. Until such amendments can be made, the Committee requests the Government to provide information on the measures taken to ensure that no worker is being subjected to discrimination on the basis of his or her political opinion or colour.

4. Discrimination on the basis of sex. Sexual harassment. The Committee notes that, under section 122 of the Criminal Code, “the coercion of a woman into sexual intercourse or satisfying sexual demands in an unnatural way by a person upon whom the woman was dependent for work or materially or otherwise dependent is punishable by corrective labour for up to two years or by detention for up to six months”. The Committee invites the Government to provide further information on measures taken to prohibit and prevent sexual harassment at work, in accordance with its 2002 general observation on this issue.

5. Article 1(3). Equality of opportunity and treatment with regard to access to employment. The Committee notes the Council of the Trade Unions Federation’s observation that recruitment on the basis of ethnic origin or gender was practised in the private sector. While noting that section 224 of the Labour Code prohibits non-recruitment of women on the ground of pregnancy or the fact of having children, the Committee requests the Government to indicate the legal provisions prohibiting, more generally, discrimination during recruitment on the basis of sex, and on any other ground listed in the Convention. Please also indicate whether any measures are being taken to prohibit the publication of discriminatory vacancy announcements, as suggested by the Council of the Trade Unions Federation.

6. Article 2. Equality of opportunity and treatment of men and women. The Committee notes with some concern that the participation of women in higher education has been declining in recent years (initial report of Uzbekistan submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000)). It also notes that women are concentrated in certain sectors and occupations, that they are more often affected by dismissals due to redundancy, and that they are more often facing difficulties finding employment after periods of unemployment. The Committee requests the Government to provide detailed information on the situation of men and women in respect to their participation in employment and occupation. This information should include statistical data on: (a) the participation of men and women in the various disciplines of secondary and higher education, vocational training and other forms of skill development; (b) employment and unemployment of men and women; and (c) the participation of men and women in employment in the various sectors of the economy, occupations and levels of responsibility. The Government is also requested to provide information on the practical measures taken to promote effective equality of opportunity of treatment of men and women in employment and occupation, including awareness-raising activities and educational programmes regarding gender equality.

7. Special measures for workers with family responsibilities. The Committee notes that Chapter IV of the Labour Code (“additional guarantees and benefits for specific categories of workers”) contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228–1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stresses that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. The Government is therefore requested to review the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

8. Equality of opportunity and treatment on the grounds of race, colour, national extraction, religion and social origin. The Committee requests the Government to provide information on the practical measures taken to ensure the Convention’s application in respect of the prohibited grounds of race, colour, national extraction, religion and social origin. In this regard, please provide information on the participation of the various ethnic minority groups in employment and occupation.

9. Article 3(d). Application of the Convention in respect of the civil service. The Committee requests the Government to provide further information on how the Convention is applied with respect to the civil service. Please indicate the extent to which the Labour Code is applicable, and provide information on any other applicable laws and regulations, in particular those regulating recruitment, remuneration and promotion, and disciplinary procedures. Please state how these laws and regulations ensure equality of opportunity and treatment as defined under the Convention, and indicate the procedures and remedies available to civil servants in cases of discrimination.

10. Article 4. Measures against persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative, administrative or other measure that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation.

11. Article 5. Special measures of protection on the basis of sex. The Committee requests the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code.

12. Parts II and IV of the report form. Enforcement. The Committee requests the Government to provide information on the manner in which the competent national authorities have enforced the legislation applying the Convention. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, the courts and the Ombudsperson.

CMNT_TITLE

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:

1. Article 1 of the Convention. Application in respect of non-citizens. The Committee notes that the provisions on non-discrimination contained in article 18 of the Constitution and section 6 of the Labour Code cover only citizens of the Republic of Uzbekistan. The Government is therefore requested to provide information on how the Convention is applied in law and practice to non-citizens. Please indicate in this regard the number of non-citizens present in the country and the remedies available to them in case of discrimination in employment and occupation.

2. Indirect discrimination. The Committee recalls that the Convention is intended to cover direct and indirect discrimination (see the 1996 Special Survey on the Convention, paragraphs 25-26). The Government is requested to indicate how the legislation covers indirect discrimination.

3. Discrimination on the basis of political opinion and colour. The Committee notes that no reference is made in the Constitution and relevant legislation establishing the principle of non-discrimination in employment and occupation to the grounds of political opinion and colour, which are listed as prohibited grounds of discrimination in Article 1(1)(a) of the Convention. While noting that section 6 of the Labour Code refers to “any other factors” unrelated to professional qualifications and output, the Committee recommends including political opinion and colour explicitly as prohibited grounds in national legislation. Until such amendments can be made, the Committee requests the Government to provide information on the measures taken to ensure that no worker is being subjected to discrimination on the basis of his or her political opinion or colour.

4. Discrimination on the basis of sex. Sexual harassment. The Committee notes that, under section 122 of the Criminal Code, “the coercion of a woman into sexual intercourse or satisfying sexual demands in an unnatural way by a person upon whom the woman was dependent for work or materially or otherwise dependent is punishable by corrective labour for up to two years or by detention for up to six months”. The Committee invites the Government to provide further information on measures taken to prohibit and prevent sexual harassment at work, in accordance with its 2002 general observation on this issue.

5. Article 1(3). Equality of opportunity and treatment with regard to access to employment. The Committee notes the Council of the Trade Unions Federation’s observation that recruitment on the basis of ethnic origin or gender was practised in the private sector. While noting that section 224 of the Labour Code prohibits non-recruitment of women on the ground of pregnancy or the fact of having children, the Committee requests the Government to indicate the legal provisions prohibiting, more generally, discrimination during recruitment on the basis of sex, and on any other ground listed in the Convention. Please also indicate whether any measures are being taken to prohibit the publication of discriminatory vacancy announcements, as suggested by the Council of the Trade Unions Federation.

6. Article 2. Equality of opportunity and treatment of men and women. The Committee notes with some concern that the participation of women in higher education has been declining in recent years (initial report of Uzbekistan submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000)). It also notes that women are concentrated in certain sectors and occupations, that they are more often affected by dismissals due to redundancy, and that they are more often facing difficulties finding employment after periods of unemployment. The Committee requests the Government to provide detailed information on the situation of men and women in respect to their participation in employment and occupation. This information should include statistical data on: (a) the participation of men and women in the various disciplines of secondary and higher education, vocational training and other forms of skill development; (b) employment and unemployment of men and women; and (c) the participation of men and women in employment in the various sectors of the economy, occupations and levels of responsibility. The Government is also requested to provide information on the practical measures taken to promote effective equality of opportunity of treatment of men and women in employment and occupation, including awareness-raising activities and educational programmes regarding gender equality.

7. Special measures for workers with family responsibilities. The Committee notes that Chapter IV of the Labour Code (“additional guarantees and benefits for specific categories of workers”) contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228-1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stresses that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. The Government is therefore requested to review the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

8. Equality of opportunity and treatment on the grounds of race, colour, national extraction, religion and social origin. The Committee requests the Government to provide information on the practical measures taken to ensure the Convention’s application in respect of the prohibited grounds of race, colour, national extraction, religion and social origin. In this regard, please provide information on the participation of the various ethnic minority groups in employment and occupation.

9. Article 3(d). Application of the Convention in respect of the civil service. The Committee requests the Government to provide further information on how the Convention is applied with respect to the civil service. Please indicate the extent to which the Labour Code is applicable, and provide information on any other applicable laws and regulations, in particular those regulating recruitment, remuneration and promotion, and disciplinary procedures. Please state how these laws and regulations ensure equality of opportunity and treatment as defined under the Convention, and indicate the procedures and remedies available to civil servants in cases of discrimination.

10. Article 4. Measures against persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative, administrative or other measure that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation.

11. Article 5. Special measures of protection on the basis of sex. The Committee requests the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code.

12. Parts II and IV of the report form. Enforcement. The Committee requests the Government to provide information on the manner in which the competent national authorities have enforced the legislation applying the Convention. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, the courts and the Ombudsperson.

CMNT_TITLE

The Committee notes the Government’s first report and the observations made by the Council of the Trade Unions Federation of Uzbekistan and the Chamber of Manufacturers and Entrepreneurs of Uzbekistan attached thereto. It requests the Government to provide further information on the following points.

1. Article 1 of the Convention. Application in respect of non-citizens. The Committee notes that the provisions on non-discrimination contained in article 18 of the Constitution and section 6 of the Labour Code cover only citizens of the Republic of Uzbekistan. The Government is therefore requested to provide information on how the Convention is applied in law and practice to non-citizens. Please indicate in this regard the number of non-citizens present in the country and the remedies available to them in case of discrimination in employment and occupation.

2. Indirect discrimination. The Committee recalls that the Convention is intended to cover direct and indirect discrimination (see the 1996 Special Survey on the Convention, paragraphs 25-26). The Government is requested to indicate how the legislation covers indirect discrimination.

3. Discrimination on the basis of political opinion and colour. The Committee notes that no reference is made in the Constitution and relevant legislation establishing the principle of non-discrimination in employment and occupation to the grounds of political opinion and colour, which are listed as prohibited grounds of discrimination in Article 1(1)(a) of the Convention. While noting that section 6 of the Labour Code refers to "any other factors" unrelated to professional qualifications and output, the Committee recommends including political opinion and colour explicitly as prohibited grounds in national legislation. Until such amendments can be made, the Committee requests the Government to provide information on the measures taken to ensure that no worker is being subjected to discrimination on the basis of his or her political opinion or colour.

4. Discrimination on the basis of sex. Sexual harassment. The Committee notes that, under section 122 of the Criminal Code, "the coercion of a woman into sexual intercourse or satisfying sexual demands in an unnatural way by a person upon whom the woman was dependent for work or materially or otherwise dependent is punishable by corrective labour for up to two years or by detention for up to six months". The Committee invites the Government to provide further information on measures taken to prohibit and prevent sexual harassment at work, in accordance with its 2002 general observation on this issue.

5. Article 1(3). Equality of opportunity and treatment with regard to access to employment. The Committee notes the Council of the Trade Unions Federation’s observation that recruitment on the basis of ethnic origin or gender was practised in the private sector. While noting that section 224 of the Labour Code prohibits non-recruitment of women on the ground of pregnancy or the fact of having children, the Committee requests the Government to indicate the legal provisions prohibiting, more generally, discrimination during recruitment on the basis of sex, and on any other ground listed in the Convention. Please also indicate whether any measures are being taken to prohibit the publication of discriminatory vacancy announcements, as suggested by the Council of the Trade Unions Federation.

6. Article 2. Equality of opportunity and treatment of men and women. The Committee notes with some concern that the participation of women in higher education has been declining in recent years (initial report of Uzbekistan submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000)). It also notes that women are concentrated in certain sectors and occupations, that they are more often affected by dismissals due to redundancy, and that they are more often facing difficulties finding employment after periods of unemployment. The Committee requests the Government to provide detailed information on the situation of men and women in respect to their participation in employment and occupation. This information should include statistical data on: (a) the participation of men and women in the various disciplines of secondary and higher education, vocational training and other forms of skill development; (b) employment and unemployment of men and women; and (c) the participation of men and women in employment in the various sectors of the economy, occupations and levels of responsibility. The Government is also requested to provide information on the practical measures taken to promote effective equality of opportunity of treatment of men and women in employment and occupation, including awareness-raising activities and educational programmes regarding gender equality.

7. Special measures for workers with family responsibilities. The Committee notes that Chapter IV of the Labour Code ("additional guarantees and benefits for specific categories of workers") contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228-1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stresses that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. The Government is therefore requested to review the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

8. Equality of opportunity and treatment on the grounds of race, colour, national extraction, religion and social origin. The Committee requests the Government to provide information on the practical measures taken to ensure the Convention’s application in respect of the prohibited grounds of race, colour, national extraction, religion and social origin. In this regard, please provide information on the participation of the various ethnic minority groups in employment and occupation.

9. Article 3(d). Application of the Convention in respect of the civil service. The Committee requests the Government to provide further information on how the Convention is applied with respect to the civil service. Please indicate the extent to which the Labour Code is applicable, and provide information on any other applicable laws and regulations, in particular those regulating recruitment, remuneration and promotion, and disciplinary procedures. Please state how these laws and regulations ensure equality of opportunity and treatment as defined under the Convention, and indicate the procedures and remedies available to civil servants in cases of discrimination.

10. Article 4. Measures against persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative, administrative or other measure that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation.

11. Article 5. Special measures of protection on the basis of sex. The Committee requests the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code.

12. Parts II and IV of the report form. Enforcement. The Committee requests the Government to provide information on the manner in which the competent national authorities have enforced the legislation applying the Convention. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, the courts and the Ombudsperson.