Abolition Of Forced Labour: Case Of Uzbekistan

Odiljon Sulaymanov, Et Al

doi:10.17762/turcomat.v12i4.618

Abstract

The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.

Highlights

According to the International Labor Organization (ILO), today, in the world 40.3 million people are in modern slavery, including 24.9 in forced labour and 15.4 million in forced marriage. 1 in 4 victims of modern slavery are children [1
The definition of “forced or compulsory labour” in international law was first given in the ILO Convention No.29 on Forced Labour, which has the following meaning: “Forced or compulsory labour shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily” [4]
While ILO Convention No.29 prohibits the use of all forms of forced or compulsory labour with some exceptions, Convention No.105 on the Abolition of Forced Labour strictly prohibits the use of forced labour and calls on Member States to terminate it immediately in the following five cases: (a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; (b) as a method of mobilising and using labour for purposes of economic development; (c) as a means of labour discipline; (d) as a punishment for having participated in strikes; (e) as a means of racial, social, national or religious discrimination [5]

Summary

Introduction

According to the International Labor Organization (ILO), today, in the world 40.3 million people are in modern slavery, including 24.9 in forced labour and 15.4 million in forced marriage. 1 in 4 victims of modern slavery are children [1. In order to comply with international standards and harmonize national legislation with the involvement of persons in forced labor in emergency situations, it is advisable to include rules on the procedure for determining compensation and their amount in the Law of the Republic of Uzbekistan "On Employment" to ensure the protection of citizens' labor rights in such conditions.

Results

Conclusion