Source of picture: kun.uz

Written by Shaxrizoda Mamasoliyeva,

January 15, 2021

Introduction

Have you ever had the feeling like going home without being paid for your hard work all day? Or working under a whip every day? Maybe, you have never faced these feelings. Nonetheless, the majority of humanity suffers from such forms of forced labor every day and every hour!  In our contemporary world, forced labor, which undermines human dignity and fundamental human rights, can be a huge obstacle for human resource development. The goal of this blogpost is to scrutinize the legislation of Uzbekistan in regards to forced labor, to compare it with the international legal documents, and provide some workable solutions.

Situation of forced labor in Uzbekistan

Article 8 of the International Covenant on Civil and Political Rights states that no one might be subjected to forced labor, which means that forced labor is prohibited internationally. In this regard, the report of the Bureau of International Labor Affairs (United States Department of Labor) on child labor and forced labor clearly demonstrates the situation in the past two years in Uzbekistan. According to the report, 4.3% of 5-14 year old children were engaged in labor, 5% of 7-14 year old children were employed in the supply of cocoons, land preparation for cultivation and street work (car washing, trade, and begging) while not being separated from education. According to the same report, as a result of reforms which were implemented in Uzbekistan during the 2018-2019 years, the number of violations related to child labor dropped from 35% in 2018 to 21% in 2019.    

It is also important to pay attention to the views and comments expressed by the subjects of international law on the important measures related to the abolition of forced labor in Uzbekistan. An article published on the official website of the International Labor Organization (ILO) titled “Forced labor and child labor in Uzbekistan’s cotton fields are declining” found a sharp decline in child labor in cotton fields, with 94% of citizens voting on the 2019 cotton harvest. Obviously, this worked loosely and is no longer a major issue, but the following comments must be read carefully: “However, the forced recruitment of employees of government agencies, departments and enterprises is still observed at the local level.” This means that the problem of forced labor in Uzbekistan has not yet been fully and comprehensively resolved.

Some lingering legal questions on the definition of ‘forced labor’

This section analyzes the legislation on forced labor in Uzbekistan by finding answers to the several rounding-off questions, and tries to determine the root of the problem.

First of all, it is expedient to  understand how the definition of forced labor is reflected in national legislation. With regard to national legislation, part 1 of Article 7 of the Labor Code of Uzbekistan establishes the following norm: ‘Forced labor, i.e. coercion to performance of work under the threat of application of any punishment (including as means of maintenance of labor discipline) is forbidden’.

The same article of the Code also states that:

Work whose accomplishment is required is not considered forced labor:

  • based on legal acts for military or alternative service;
  • in the conditions of emergency state;
  • owing to the court verdict which took legal effect;
  • in other cases provided by the law.

The final part of the Article 7 naturally raises the question: which legislation defines work that is not considered forced labor and according to which norm can we analyze that in this situation this work activity is forced labor or not?

 Ambiguity in definition is not unique to Uzbekistan legislation: the lack of clear definition of what the “forced labor” is created misunderstanding in application. For instance, according to Article 2 of the International Forced Labor Convention, adopted in 1930, defines forced labor as “any work or service which is received from a person under the threat of intimidation and punishment and which does not voluntarily offer for himself”. The existence of different legal definitions, which share a great degree of commonality, however, has sometimes created confusion, and there is a risk that any form of exploitation is now called “slavery” or “trafficking”. Such “exploitation creep”, as legal scholar Janie A. Chuang put it, labels certain practices as more extreme than is legally accurate. In other words, not all children who are exposed to hazardous work are “slaves”, and not all workers who do not receive a fair wage are forced.

 Imagine that you work as a technician in a certain company. Apart from your direct responsibilities, you are asked to make coffee or serve lunch, for which you are not paid at all. If you refuse to do, you will lose your job. According to the definitions above, it is considered forced labor. Here is the root of the real problem for you!

How is the issue of forced labor expressed in international legal documents?

It is appropriate to analyze the international law responsibilities of Uzbekistan relevant to forced labor in order to provide exact proposals for Uzbekistan. Specifically, Article 2 of Forced Labor Convention defines forced labor activity, as not including:

a) any work or service exacted in virtue of compulsory military service laws for work of a purely military character;

b) any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country;

c) any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision;

d) any work or service exacted in cases of emergency;

e) minor communal services of a kind which considered as normal civic obligations incumbent upon the members of the community

In this regard, if we analyze the international documents on the list of unforced labor, it is necessary to pay attention to the indicators of forced labor developed by the International Labor Organization:

1.  abuse of vulnerability;

2.  deception;

3.  restriction of movement;

4.  insulation;

5.  physical and sexual violence;

6.  intimidation and threats;

7.  withdrawal of identity documents;

8.  withholding of wages;

9.  debt bondage;

10.  poor working and living conditions;

11.  overtime.

Through a deep analysis of the above international documents, it is expedient to make the following proposals for the legislation of Uzbekistan:

– To remove the paragraph in Article 7 of the Labor Code that leads to uncertainty in the list of jobs that are not considered forced labor “in other cases provided by law”;

– To establish a list of unforced labor activities through a clear legal act;

The author suggests that the strictness and completeness of clear-cut defining the notion of ‘unforced labor’ would help to eliminate the misinterpretation of the norm of labor legislation by state bodies, institutions and organizations.

Based on the above analysis, it should be noted that members of parliament shall play a crucial role in reducing the rate of forced labor. If the list of unforced labor activities is not clear and strict,      the rate of forced labor is unlikely to reduce despite the inevitability of punishment for this type of crime in society. The following statement by Abraham Lincoln may change the attitude of all of us towards forced labor: “Those who deny freedom to others do not deserve it.”  After all, the full provision of the right to work in a free environment in society is a prelude to human rights and freedoms.

Cite as: Shaxrizoda Mamasoliyeva, “What is forced labor under Uzbekistan’s labor law?”, Uzbekistan Law Blog, 15.01.2021.