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on the round table,
devoted to discussion of the Draft National Actions’ Plan on realization of
the ILO Conventions №138 The Minimum Age for Admission to Employment and
№182 The Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour
On 10 July, 2008, in the city of Tashkent, the Government of the Republic
of Uzbekistan held a round table on adoption of the Draft National Actions’
Plan on realization of the ILO Conventions №138 The Minimum Age for
Admission to Employment and №182 The Prohibition and Immediate Action for
the Elimination of the Worst Forms of Child Labour with participation of
representatives of Oliy Majlis (Parliament), ministries and institutions of
education and law enforcement of the Republic of Uzbekistan, nongovernmental
organizations (Chamber of Commerce and Industry, Public Youth Movement
Kamolot, Women’s Committee of Uzbekistan, Council of Trade Unions
Federation), as well as the UNICEF Representative in Uzbekistan Mr. M.
Sharif, the UNICEF International Consultant to the Program of Protection of
the Children’s Rights Mrs. S. Barkin-Kuzmin and the UNDP International
Consultant Mrs. L.Riu.
During the round table, the Minister of Labour and Social Protection of the
Population of the Republic Uzbekistan Mr. A.Haitov presented the the Draft
National Actions’ Plan on realization of the ILO Conventions №138 and №182.
This National Actions’ Plan was drafted with a view of full and strict
realization of provisions of ILO Conventions, ensuring measures on
non-admission of any forms of forced child labour and envisages active work
on:
-perfecting legislative and legal support to non-admission of child labour
in its worst forms;
-strengthening control and monitoring over non-admission of the worst forms
of the child labour carried out by the authorities and public institutions;
-carrying out broad information-explanatory work amongst the population and
employers on child labour and non-admission of its worst forms;
-increasing potential of the authorities and public institutions in issues
of realization of measures on non-admission of child labour;
-developing international cooperation in issues of realization of ILO
Conventions.
Tentatively, the draft of this National programme had passed approbation and
broad discussion at the level of state institutions and national public
organizations, was given principal support by the authoritative
international organizations such as the UNICEF, the UNDP and the ILO.
In his speech, the UNICEF Representative in Uzbekistan Mr. M.Sharif noted,
that this actions’ plan shows serious commitment of Uzbekistan in addressing
issues related to non-admission of use of child labour and provides further
protection of children who comprise more than 40 % of all population of
Uzbekistan.
The UNICEF Representative in Uzbekistan stated, that ratification of the
above ILO Conventions represents important measures undertaken by Uzbekistan
towards creation of the legal framework which provides full protection of
the children’s rights.
UNICEF gave positive assessment of the Draft National Actions’ Plan and
expressed its readiness to support Government in preparation of actions on
raising awareness in the field of legitimate rights of children and the
exchange of the information on consequences of the worst forms of child
labour for healthy development of child. UNICEF also expressed its readiness
to provide technical assistance and partnership in realization of the
National Action’s Plan with the purpose of providing protection of the
rights of all children, according to two joined ILO Conventions, principles
of the Convention on Children’s Rights and the current legislation.
In discussion of the Draft National Actions’ Plan also took part the First
Deputy Minister of Public Education Mr. R.Ahliddinov, the Deputy General
Prosecutor Mr. N.Yuldashev, the Deputy Minister of Justice Mr. E.Kanjazov,
and heads of public organizations such as the Deputy Chairman of the Women’s
Committee of Uzbekistan Mrs. G.Marufova, the Deputy Chairman of the Council
of Trade Unions Federation N.Allajarov, Chairman of Kamolot A.Alimov, the
Head of Division of Association of Farmers Mr. Sh.Babaev and the Deputy
Chairman of the Committee on Democratic Institutes, Nongovernmental
Organizations and Self-Government Institutions of Citizens of Legislative
Chamber of the Republic Uzbekistan Mr. I.Tolibov.
During discussions, it was noted, that providing well-being of children is
one of the main national objectives and therefore creation of healthy
competitive society based on knowledge depends on its realization.
Thanks to consistent market reforms, realization of scope state social
programs, such as Healthy Generation, Mother and the Child, Year of Family,
Year of Health, Year of Social Protection, Year of Youth and others, the
country created full framework for protection of the social and economic
rights of children, provision of their harmonious development.
During the years of Independence, Uzbekistan created strong legislation
system providing reliable protection of the rights of a child. The Law of
the Republic Uzbekistan On Guarantees of the Rights of a Child, adopted in
2007, reflects in concentrated form the basic mechanisms of protection of
children, sets the rights and duties of authorities, public institutions and
citizens on providing firm rights of each child.
The fact that Uzbekistan ratified in March, 2008 ILO Conventions №138 The
Minimum Age for Admission to Employment and №182 The Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child Labour is
the important step demonstrating commitment of the country to universal
values of protection of the rights of a child.
Joining of Uzbekistan to the above ILO Conventions is the fact of legal
recognition of these international norms of law, because de facto, long
before joining these Conventions, Uzbekistan already realized in practice
and provided for in legislation reliable mechanisms of child’s rights
protection, including in sphere of labour.
First of all:
-one of the Constitutional norms of Uzbekistan is the direct prohibition of
any compulsion to work and guarantees of the state on protection of the
rights and interests of children;
-the Law On Guarantees of the Rights of a Child provides relevant
definitions, in particular, it determines, that the child is the person
under the age 18, that completely corresponds to the international norms,
and also determines basic guarantees in sphere of labour;
-the labour legislation of the country determines the minimal age of
employment from 16 years and only in strictly exceptional cases - from 14
years, and also determines working conditions and the privileges provided to
the persons under 18;
-the law On Counteraction to Trade in Humans determines mechanisms of
counteraction to any forms of operation of the person, including compulsion
of children to work and engagement in illegal activity;
-the criminal legislation determines the increased responsibility for
involving of children to illegal actions.
These are only basic norms, reflected in the Laws of the Republic of
Uzbekistan which are realized in Resolutions of the Government and multitude
of legal acts of ministries and institutions. In particular, since 2001,
there is an officially approved List of types of labour (employment), which
does not allow admission of persons under 18.
Besides, there are state institutions developing for protection of the
rights of a child in Uzbekistan:
-the structure of the Government has a Complex on Protection of Family,
Motherhood and the Childhood, headed by the Deputy Prime Minister of the
Republic Uzbekistan, coordinating activity of authorities on realization of
the rights of children guaranteed by the Constitution;
-under the Cabinet of Ministers of the Republic of Uzbekistan there is
special Commission on Affairs of Minors, headed by the General Prosecutor of
the Republic Uzbekistan, with competences of addressing all issues,
concerning status of children in the society, including control over
non-admission of the worst forms of child labour;
-in the Ministry of Labour and Social Protection of the Population, there
are efficiently functioning State Legal Labour Inspections and Labour Safety
Inspections, established in each district of our country and carrying out
state control over non-admission of infringements of the rights of youth in
the field of labour.
In the field of protection of the childrens’ rights, non-admission of
involving of children to the worst forms of child labour, there are actively
working institutes of civil society, the nongovernmental organizations,
public funds and international organizations, such as Foundation Soglom
avlod uchun (For Healthy Generation), the Center Oila (Family), the crisis
centers and other nongovernmental organizations, covering in their activity
practically all issues of realization of the rights of a child for happy
physical, spiritual and intellectual development.
The-most powerful mechanism of counteraction to the child labour realized in
the country, recognized by the international community, is the reform of
education system, providing 12-year compulsory education of all children of
the country.
Expenditures of the country for education have unprecedented scales in a
world practice: during last years, Uzbekistan is annually investing about 10
% of its GDP in sphere of education. Today Uzbekistan is one of few
countries of the world, where average length of education came close to 12
years, and the age of end of compulsory education exceeds age of 18.
The economic reforms realized in Uzbekistan which provided steadily high
economic growth, increase of employment rate of the population and family
incomes, are the major prerequisite of reduction in scales of child labour
in Uzbekistan. Thus, within last years, the national economy shows growth
rates at level of more than 9 %, that provides creation of new jobs for the
adult population which require high qualification, and creates economic
conditions for reduction of scales of unqualified labour and eradication of
child labour.
The broad system of social protection of the population, including the
developed infrastructure of authorities of social protection of the
population, system of material aid to families, system of trusteeship and
guardianship, is also the major factor of counteraction to the worst forms
of child labour. The country no longer has such social phenomenon as
children's neglect, which in many countries is the main factor generating
the worst forms of child labour.
Resuming the round table discussions, the participants drafted proposals and
amendments to the Draft National Actions’ Plan and recommended to submit to
the Cabinet of Ministers of the Republic Uzbekistan the Draft Resolution On
measures on Realization of the ILO Conventions ratified by the Republic of
Uzbekistan №138 The Minimum Age for Admission to Employment and №182 The
Prohibition and Immediate Action for the Elimination of the Worst Forms of
Child Labour.
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