http://www.cottoncampaign.org/wp-content/uploads/2012/05/CEGG_E.pdf

Speaking Cotton shows the reality behind Uzbekistan’s cotton industry and the ongoing abuse of children during harvest season.

Clarifications by the Ministry of Labour and Social Protection

of Population of the Republic of Uzbekistan with regard to 

allegations on “forced child labour in Uzbekistan”

Recently some biased non-governmental organizations such as Environmental Justice Foundation (United Kingdom), Association for Human Rights in Central Asia (France), International Working Group on Peace Protection (Germany) as well as some foreign mass-media, in particular, the Swedish TV and BBC, have been disseminating false and fabricated allegations about “mass use of forced child labour in the  agriculture of Uzbekistan”.

Exaggeration of this false information is a part of dishonest and unfair competition in the market of cotton producers. It pursues the aim to lower the rating and price for Uzbek cotton, which today is one of the most competitive in the world, and by that to slow down economic growth of Uzbekistan.

Aiming to counteract the untrue insinuations and fabrications concerning the use of child labour, the Ministry of Labour and Social Protection of Population of Uzbekistan clarifies:

I. Regarding the legal basis of inadmissibility of forced child labour in Uzbekistan.

1. The Constitution of the Republic of Uzbekistan prohibits any form of use of forced labour. It constitutes legal basis for protection of citizens from exploitation, discrimination and compulsions (Article 37).

2. The Republic of Uzbekistan is one of the few countries of the world that joined practically all international legal acts concerning prevention of forced labour and use of child labour, in particular:

On forced and compulsory labour (N29) (ratified in August, 1997);

On abolition of forced labour (N105) (ratified in August, 1997);

On discrimination in the field of labour and employment (N111) (ratified in August, 1997);

On minimum age for acceptance for employment (N138) (ratified in March, 2008);

On prohibition and immediate measures for extermination of the worst forms of child labour (N182) (ratified in March, 2008).

3. According to the Law of Republic of Uzbekistan «On guarantees of rights of a child», adopted in 2007, a person younger than 18 years of age is considered to be a child. The right to employment is exercised from 16 years, and in some cases (with the consent of parents and during the time free from study) – from 14 years. At the same time the state guarantees the labour right for persons younger than 18 years by providing necessary conditions for overlapping the work with compulsory education (Art.20 of the Law).

These provisions are reflected also in the Labour code of the Republic of Uzbekistan (Article 7) and are fully in accordance with the international legal acts on protection of children’s rights, in particular, “UN Convention on the rights of child” (1989).

4. State institutions of labour inspections operate in Uzbekistan as envisaged in the ILO Labour inspection Convention №81, including, the State Legal Inspection of Labour and the State Inspection of Labour Protection under the Ministry of Labour and Social Protection. The functions and duties of these inspections include prevention of illegal use of child labour.

Thus, the reliable legislative basis of protecting the rights of children in the field of labour is created in Uzbekistan.

II. Concerning the use of child labour in agricultural work, including cotton collection.

1. As a result of fundamental reform of agriculture in Uzbekistan the large agricultural manufacturers were abolished by their transformation into small private family farms (in 2005-2007 practically entire cotton crop was produced by farms), a form of labour which is based on participation of farmer’s family members.

2. It is necessary to consider the participation of children under 18 in the work of farms which are family enterprises as a labour in the family enterprise outside the school hours, i.e. an activity to help family members. In particular according to the ILO Convention on the age for admission of children to employment in agriculture №10 and also the Convention on the age for admission of children to non-industrial employment №60, the minimum age of employment in non-industrial enterprises (including agricultural) of the entrepreneur’s family members is not limited by the minimum age frameworks.

The practice of involving the children into economical activity of family enterprises, first of all, of agricultural orientation, exists almost in all countries. For example, in USA about 7% of all employed persons in farms are individuals between the age of 14 and 17.

3. The generally recognized family values and traditions of Uzbek society assume and predetermine participation of elder children in creating the family well-being. The society supports and welcomes in every possible way the labour education of children by involving them to render adequate help to elders. This feature of mentality of people of Uzbekistan is an important factor of social and economical development of the country and formation of civil society.

4. The serious participants of world cotton market demonstrate direct non-acceptance of unreasonable charges on “mass use of child labour in the cotton industry of the Republic of Uzbekistan”.

Mr. T.Townsend, the Executive Director of the International Cotton Advisory Committee (ICAC), made a statement, in which he particularly noted that «The majority of representatives of the cotton business, including myself, ignore such accusations, because they are at most exaggerated or absurd…». «I assume that the cotton industry of Uzbekistan can be proud of its contribution to enhancing the lives and well-being of the people». This statement has been conveyed on behalf of the ICAC to the world’s largest cotton associations and stock exchanges.

The similar position is held by the International Cotton Association, the Bremen Cotton Stock Exchange, the Agency «Cotton Outlook» and other authoritative participants of the cotton business.

Thus, at present in Uzbekistan there are no economic and social preconditions for the mass forced use of child labour in agricultural work, including in cotton collection.

Extracts

THE CONTITUTION OF THE REPUBLIC OF UZBEKISTAN

Article 37.

Everyone shall have the right to work, including the right to choose their occupation. Every citizen shall be entitled to fair conditions of labour and protection against unemployment in accordance with the procedure prescribed by law.

Any forced labour shall be prohibited, except as punishment under the sentence of a court, or in some other instances specified by law.

THE LAW OF THE REPUBLIC OF UZBEKISTAN ON

THE GUARANTEES OF THE RIGHTS OF CHILDREN

Article 20. Guarantees of the Right of Child to Labour

Every child has the right for labour, free choice of the type of activity and profession, fair labour conditions in accordance with his age, the state of health and professional training in accordance with the procedure prescribed by law.

The application for a job is permitted upon the age of sixteen.

The persons, who reached the age of fifteen, can be accepted for a job by the written consent of either of parents or persons, who substitute the parents.

To prepare the children for a work it is permitted to accept for a job the pupils of secondary schools, academic lyceums, and professional colleges to carry out an easy job, which does not harm their health and growth, does not infringe the educational process, free from school hours – upon reaching the age of fourteen by the written consent of either of parents or persons, who substitute the parents.

The State guarantees the rights of the child to labour by providing for working persons under the age of 18 the necessary conditions for combining labour with education and other measures envisaged by the legislation.

LABOUR CODE OF THE REPUBLIC OF UZBEKISTAN

Article 7. Prohibition of forced labour

The forced labour i.e. an enforcement to work under the threat of any punishment (including as a mean to ensure labour discipline) is prohibited.

The work is not considered as forced labour if it is executed:

- on the basis of legal acts on military or alternative services;

- in the state of emergency;

- upon entering the court verdict into force;

- in other cases envisaged by the legislation.

Comments on allegations of «forced child labour» in the agriculture of Uzbekistan

The information campaign against Uzbekistan concerning the issue of so-called «forced child labour in cotton fields of Uzbekistan», which accelerated lately, mismatches with the reality and represents an attempt of unfair competition and political-economic pressure upon the country.

In spite of the fact that the mentioned problem took place more than 15-20 years ago, a question arises — why it is right now that the interest to this issue has suddenly emerged in the West and especially in Britain?

It is known that nowadays the Uzbek cotton drives out other producing countries’ cotton on the world market and the agiotage around it has appeared immediately after lifting of the state subsidies for cotton producers in some of well-known countries, that makes them less competitive in the global market.

Obviously, Uzbekistan’s task-oriented course on increasing the volume of cotton processing within the country, directed to the reduction of practice of export of cheap raw materials abroad, causes concerns among different foreign companies that are accustomed to use cheap raw materials for manufacturing and selling of their own products for multiply overrated prices.

Uzbekistan, being a member of the UN, OSCE, ILO and the number of other international organizations, is also a signatory to many important agreements and conventions. It also has an advanced legal system, in which the adherence to international norms for regulation of social-labour sphere, as a whole, and protection of the labour rights of the under-age citizens, in particular, is proclaimed.

Historically formed mentality of the Uzbek people, its love to children, which is reflected in the country’s legislation regulating labour affairs, is well known. The Labour Code of Uzbekistan (article 77) sets a minimal age for employment — from 16 years. Persons, who reached the age of 15, can be accepted to work by the written consent of one of the parents or substituting person.

Currently, there are no state-controlled agricultural enterprises in Uzbekistan that in itself rules out any of so-called «enforcement to agricultural labour». Besides, the legislation of the Republic of Uzbekistan forbids any form of child labour on cotton fields and other agricultural sectors.

At the same time, in order to prepare young people for labour and rendering assistance for their parents and farmer-relatives, upon reaching by children of the age of 14, it is allowed during the free-from-school period to employ comprehensive and secondary school pupils, students from professional, technical colleges and lyceums to perform an easy work, which would not cause any harm to their health and development.

This is in full conformity with the norms of Conventions №138 and №182 of the International Labour Organization. Besides, the «List of unfavourable jobs, where the use of labour of young people under the age of 18 is forbidden» was registered by the Ministry of Justice of Uzbekistan under № 1040 on 9 June, 2001.

The control over the observance of these norms is carried out through different structures, including the institution of Ombudsmen and its branches in the regions, the parliamentary monitoring institutions, as well as NGOs, the number of which in Uzbekistan exceeds 5000. Many of the NGOs  are engaged in the protection of the rights of children and the youth («For the Welfare of Young Generation», «You Are Not Alone», «Sabr» and others). Two commissions on the affairs of minors are created in Uzbekistan. One of them is headed by the Deputy Prime Minister, another — by the Prosecutor General. The control over the avoidance of use of the child labour is carried out by the employees of the State legal inspection on labour and the republican, sectoral and territorial association of trade unions.

Brief Background Information

Cotton production in the Central Asian Republic of Uzbekistan continues to be one of the most exploitative enterprises in the world. 90% of the countries cotton is still hand picked, a great portion by forced labourers. The most apparent victims of the industry are children. While schools are closed for 2-3 months a year, children are conscripted to arduous labour in the fields, often working and living in extreme conditions and receiving little or no pay in return. The local authorities of the region, the hokimiyat, set the cotton quota that needs to be picked during each harvest. These quotas are rigorously enforced and result in children often working up to 10 hours a day. The average daily quota lies at 30 to 50 kg, for 100 ZU So’m (0.07 USD) per kilo.

Research by the School of African and Oriental Studies of the University of London has shown, that a estimate of 2.7 million children are mobilized to pick cotton each year, the average age being between 11 and 15 years, some even as young as 7 and 9. However, it is not only children that are affected by the cotton campaign. Students, teachers and common Uzbek citizens are also among the victims of this system of forced labour.

The uniqueness of child labour in Uzbekistan’s cotton sector lies in the scale of its governmentally sanctioned forced mobilization of hundreds of thousands of schoolchildren.

In other countries, where the problem of child labour is known, it is the result of an initiative taken by the children and their families in order to better their living conditions. Child labour in Uzbekistan is not a result of poverty or family need but is a strict hierarchic system that is State-sponsored and benefits one of the world’s most corrupt and repressive governments.

Root of the Problem

The root of the problem is the ineffectiveness of the agricultural control system. Since the countries independence from the Soviet Union in 1991, the Uzbek government has failed to reform the countries agricultural sector. The continued underinvestment in the sector, the inhibition to provide mechanized harvesters or pay adults a decent living wage for their labour, directly resulted in children being systematically drafted in to handpick the cotton. The annual cotton campaign organized by the government, guarantees the countries high annual export revenues at disproportionately low costs.

Furthermore, even though the former soviet collective farms have been officially privatized and renamed, farmers still do not have the right to choose what to sow on their own land or how to use their harvest. In addition, the state sets artificially low prices for products, while the farmers buy the necessary supplies needed for production at market prices. Farmers bear criminal responsibility for selling their own crops to anyone but the state. They cannot refuse to grow cotton, as it would cause them to lose their land, thus they are forced to tolerate the situation. Under the given circumstances, cultivation of the cotton crop becomes an unprofitable enterprise for farmers.

International Efforts and Current Developments

The problem of forced child labour in Uzbekistan became know to the public in 2007. Many years of secret reporting and monitoring by Uzbek human rights activists and journalists led to a mass boycott of Uzbek cotton in the textile industry. Many big retail names and textile brands such as Tesco, Wal-Mart, Target, Levi Strauss, Gap, Limited Brands as well as Marks & Spencer joined the boycott of Uzbek cotton by removing it from their supply chains.

This increase in international pressure finally resulted in the Uzbek government signing the Conventions of the International Labour Organization in 2008: ILO Convention Nr 138 on Minimum Age of Employment and the ILO Convention Nr 182 on the Worst Forms of Child Labour, and hereby promising the international community that child labour in cotton production would cease.

Despite signing the Conventions of the ILO, journalists and human rights activists continue to report the repeated use of forced child labour during the cotton harvest in 2009. Uzbekistan does not cease to exploit its people; forced child labour remains widespread. Indeed, according to many reports, including those resulting from monitoring carried out by UGF members in 2009, this practice continues to persist and seems to have grown harsher and more exploitative than in previous years. The Uzbek Government is showing no signs of reforming the current system.

Forced labour in the cotton industry of Uzbekistan is a serious problem that violates all fundamental human rights.  Forced child labour is a form of modern slavery, which cannot be an existing issue in today’s world.

How can things change?

One of the main ways to put an end to forced child labour in the cotton sector is to push for fairtrade initiatives in the textile industry. In recent years the fairtrade textile industry has been flourishing. More and more big retail names are introducing fairtrade collections to their production line and more independent, young designers are opting to produce in an ethical an environmentally friendly manner.

It is vital to support fairtrade in order to make a change.

The consumer is king. Boycotting companies that are known to produce unethically puts these enterprises under immense pressure. Their aim is always to satisfy the consumer in order to remain in business, thus it is he who has most influence on the industry. If large retail companies choose to exclude Uzbek cotton from their supply chains, the Uzbek government will eventually be forced to change its policies.

We urge the support of fairtrade initiatives and the boycott of companies known to use Uzbek cotton in their production lines.

How can UGF make a difference?

UGF is constantly developing projects to make information available to the public about the Uzbek cotton industry. We organize press conferences, round table discussions, cultural events and exhibitions.

Our approach is also to convince the trading companies importing cotton and retailers, to follow the principles of fairtrade and boycott Uzbek cotton. We urge companies to exclude Uzbek cotton from their production chains in order to push the Uzbek government to stop the practice of forced child labor and adopt fair trade policies.

We also approach international organizations and governments of the European countries to pay more attention to this problem in negotiations with the Uzbek government.

We try to keep the problem visible, by regularly preparing reports, videos and photos, witnessing the use of forced child labor. We update the media about the problem and raise awareness among the consumers of cotton products in Europe.