At the present stage of development of the labor law of the Republic of Uzbekistan, its interaction with international labor principles and norms is becoming not only legally justified by virtue of, first of all, the Constitution, but also objectively necessary.

The mechanism for implementing the norms of international organizations in the field of labor relations into the national legislation is becoming a fundamental part of the labor law system, which carries future foundations for the establishment, development and application of national models for their regulation. Thereby, the convention and recommendations of the International Labor Organization, which incorporate many years of experience in regulating the relevant areas of public relations in countries with developed market economies and strong democratic traditions, are an important and promising source for labor law in Uzbekistan.

Uzbekistan has been a full member of the International Labor Organization since 1992. Over the years of cooperation, the country has acceded to 17 ILO conventions, including all 8 fundamental documents.

In particular, the ILO Conventions “On Forced or Compulsory Labor” (No. 29) and “On the Abolition of Forced Labor” (No. 105), “On the Minimum Age for Admission to Employment” (No. 138) and “On the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor” (No. 182) were ratified.

According to these documents, national legislation prohibits the involvement of persons under the age of 18 in forced labor and in work harmful to health. The list of such works includes the use of labor of persons under 18 years of age for manual collection and watering of cotton. At the same time, explanatory work is being carried out in Uzbekistan to prevent forced labor of minors.

The Resolution of the President of the Republic of Uzbekistan “On measures to improve the structure of labor bodies and strengthen the system of protection of labor rights and labor protection of citizens” approved the “Road Map” - the program of actions “Safe and protected labor” in accordance with which the following laws of the Republic of Uzbekistan were adopted in 2019 aimed at ratification of the Convention of the International Labor Organization:

1. “On tripartite consultations to promote the application of international labor standards” (No. 144, dated May 19, 1978);
2. “On accession of the Republic of Uzbekistan to the additional protocol to the convention“ On Forced or Compulsory Labor ”(No. 29, dated November 9, 2016);
3. “On labor inspection in industry and commerce” (No. 81, dated April 7, 1950);
4. “On labor inspection in agriculture” (No. 129, dated January 19, 1972).

Thus, only in 2019 Uzbekistan joined four conventions of the International Labor Organization, thereby supporting the call for ratification, which was picked up during the ILO’s One for All campaign launched since the beginning of 2019.

At the same time, as noted by the Chairperson of the Senate, the Chairperson of the National Commission for Combating Trafficking in Persons and Forced Labor, Tanzila Narbaeva, “Ratification of the convention is 50% of the solution to the problem, and the rest is the implementation of international norms in the national legislation, this is the first. The second, the most important thing is the change in law enforcement practice and the mindset of the entire population. ”

Change in national law

International labor standards provide the legal basis for decent work for all. They are the result of discussions between governments, workers and employers, they are based on the diverse experience gained in different countries of the world.

They are designed to serve as a guide for ensuring human rights in the sphere of labor and are used as a guide in the development and implementation of social and labor policies at the national level. The conventions and recommendations are designed to provide a roadmap for leaders at the national level to assist them in their efforts to achieve decent work and social and economic progress. Thus, international labor standards are directly related to the development and strengthening of national legislation and policies, provide the legal basis for achieving decent work for all.

In this regard, in recent years, the Government of the Republic of Uzbekistan has taken radical measures to review national legislation, introduce legal norms providing for the improvement of labor relations, and the complete elimination of child and forced labor.

In particular, the Resolution No. 349 of the Cabinet of Ministers of the Republic of Uzbekistan “On Additional Measures to Eliminate Forced Labor in the Republic of Uzbekistan” was adopted on May 10, 2018, which envisages prompt reaction to and suppression of all types of forced involvement of citizens, unconditional adoption of strict disciplinary measures to respond to official persons, the immediate transfer of relevant information to law enforcement agencies.

Ensuring the rule of law, reliable protection of the rights and freedoms of citizens is one of the priority areas of the state policy implemented by President Shavkat Mirziyoyev.

In order to oversee and monitor the observance and protection of the labor rights and freedoms of our citizens, in accordance with the Decree of the President of the Republic of Uzbekistan No. PP-3913 dated August 20, 2018, the State Labor Inspectorate was established. Its main tasks include organizing, together with line ministries, departments and public organizations, measures to prevent and completely eradicate forced labor, including by bringing guilty officials to justice in line with the law.

In order to effectively implement the conventions of the International Labor Organization ratified by the Republic of Uzbekistan, to improve national legislation in the field of labor and law enforcement practice, to take additional measures to deepen constructive cooperation with international organizations in accordance with the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan “On additional measures for implementation, in 2018 - 2020, of conventions of the International Labor Organization ratified by the Republic of Uzbekistan”,  the Republican Interdepartmental Commission was formed.

On October 29, 2018, the President of the Republic of Uzbekistan Sh.M. Mirziyoyev signed the Decree “On increasing the responsibility of heads of state authorities at all levels for preventing and eradicating any manifestations and all forms of forced labor”.

In accordance with the Decree the Deputy Prime Minister of the Republic of Uzbekistan - the head of the Complex for Agriculture and Water Resources, Processing of Agricultural and Food Products of the Cabinet of Ministers of the Republic of Uzbekistan Zoyir Toirovich Mirzaev was relieved of his post for serious shortcomings in the organization of work on sowing and irrigation of winter grain crops. The document instructed the Prosecutor General of the Republic of Uzbekistan to verify the violation of the law during agricultural work, the Prime Minister of the Republic of Uzbekistan, the heads of state authorities and business associations in the field to ensure the effective implementation of measures to eradicate all forms and any manifestations of forced labor.

Pursuant to the Law of the Republic of Uzbekistan“On ratification of the Convention of the International Labor Organization No. 144 on tripartite consultations to promote the application of international labor standards (Geneva, June 21, 1976)” Decree of the Cabinet of Ministers of the Republic of Uzbekistan No. 553 dated July 3, 2019 established the Republican tripartite commission on social and labor issues. Its main tasks are defined as follows:

 consultations and coordination of positions on issues of ensuring the implementation of socio-economic policies aimed at protecting labor rights, economic and social interests of workers and employers,

 ensuring constructive cooperation on the basis of mutual consideration of positions, rights and interests,

 promoting collective bargaining regulation of social and labor relations by concluding a general agreement and monitoring the progress of its implementation;

 studying international experience, participating in events held by relevant foreign organizations in the field of social partnership and social and labor relations, holding consultations on issues related to the ratification and application of international labor standards;

 holding consultations on formulation of answers to the questionnaires concerning the agenda items of the International Labor Conference, and the comments of governments on the proposed texts that will be discussed by the conference;

 publication of annual reports on the implementation of the procedures provided for in the Convention of the International Labor Organization No. 144 on tripartite consultations to promote the application of international labor standards (Geneva, June 21, 1916);

 periodically reviewing unratified conventions and recommendations that are not yet applied, with a view to identifying measures taken to facilitate their application and, where appropriate, ratification.

Another important step in ensuring the protection of the rights and interests of citizens of the Republic was the adoption of the Decree of the President “On additional measures to further improve the system of combating trafficking in persons and forced labor” of July 30, 2019.

In accordance with the Decree, the Republican Interdepartmental Commission on Combating Trafficking in Persons was transformed into the National Commission on Combating Trafficking in Persons and Forced Labor, consisting of two subcommissions:

1. a) The Sub-Commission on Combating Human Trafficking, headed by the Minister of Internal Affairs of the Republic of Uzbekistan, who is the deputy chairman of the National Commission;
2. b) The Subcommittee for Combating Forced Labor, headed by the Minister of Employment and Labor Relations of the Republic of Uzbekistan, who is the deputy chairman of the National Commission.

There are also regional commissions led by the chairman of the Zhukorgi Kenges of the Republic of Karakalpakstan, khokims of regions, the city of Tashkent, districts (cities).

The Chairman of the National Commission is the Chairman of the Senate of the Oliy Majlis of the Republic of Uzbekistan.

The main objectives of the commission are:

 coordination of activities of state and territorial bodies, self-government bodies of citizens and non-governmental non-profit organizations in the field of combating human trafficking and forced labor in order to ensure the effectiveness of their activities, close interaction and coordination of work;

 organization of the development and implementation of state and other programs in the field of combating human trafficking and forced labor in order to improve national legislation and law enforcement practice, as well as control over their implementation;

 analysis, assessment, monitoring and improving the effectiveness of measures taken to combat human trafficking and forced labor, study the practice of detecting, investigating, preventing and combating crimes in this area;

 Organization of effective international cooperation and interaction in the field of combating human trafficking and forced labor, as well as the collection, analysis of information and the preparation of reports in this area.

This Decree establishes for the first time the Institute of the National Rapporteur on the fight against trafficking in persons and forced labor, whose functions are assigned to the Chairman of the National Commission, the Chairman of the Senate of the Oliy Majlis of the Republic of Uzbekistan

The main tasks of the National Rapporteur are:

 annual submission to the President of the Republic of Uzbekistan of information

 on the current situation in the country and in the world in the field of combating trafficking in persons and forced labor;

 information on measures taken to prosecute and punish persons involved in this type of crime and to support victims of trafficking in persons;

 organization of regular briefings for the media with the involvement of the diplomatic corps of foreign states of the representations of international organizations accredited in the Republic of Uzbekistan, with the aim of bringing to the general public and the international community reliable information on measures taken in the country in this field;

 ensuring effective cooperation and interaction in the field of combating human trafficking and forced labor with the international community, organizations and human rights defenders specializing in this topic, prompt response to attacks on the state, as well as upholding the national interests of the republic in the international arena in this field.

The Law “On Amending and Adding to Some Legislative Acts of the Republic of Uzbekistan”, adopted on August 29, 2019, gains particular importance in the implementation of mechanisms to combat forced labor, according to which:

1. a) liability for administrative coercion to work is increased, which entails the imposition of a fine of 10 to 30 minimum wages (previously from one to three minimum wages). Repeated commission of this offense entails impostion of a fine of 30 to 100 minimum wages;
2. b) the involvement of a minor in forced labor shall be sanctioned by a fine of thirty to fifty minimum wages (previously from five to fifteen sizes), the repeated commission of this offense shall be sanctioned by a fine of fifty to one hundred minimum wages.

Currently, the Ministry of Employment and Labor Relations, together with the Ministry of the Interior, has developed a draft law on amending the Criminal Code, which introduces criminal liability for the use of labor by minors: - a fine of up to 25 minimum wages, deprivation of certain rights for up to 3 years or involvement in correctional labor for a period upto 3 years; coercion to work: - a fine of up to 150 MW, deprivation of certain rights for up to 2 years or involvement in corrective labor for up to 2 years and the Code of Administrative Responsibility (administrative coercion to work: - a fine of 50-100 MW; the same offense in relation to for minors - a fine of 70-100 MW.The approval of the law is expected in January 2020.