RECOMMENDATIONS FOR UZBEKISTAN:
Continue substantive ongoing actions to eliminate forced child labor during the annual cotton harvest; take
substantive action to end the use of forced adult labor during the annual cotton harvest; grant independent civil
society groups full, unfettered access to monitor the annual cotton harvest; investigate and, when sufficient
evidence exists, prosecute officials complicit in human trafficking, respecting due process; remove language in
contracts that requires college students and state employees to participate in the cotton harvest; improve
procedures for identifying trafficking victims to ensure they are systematic and proactive, and efficiently refer
victims to protection services; promote awareness of labor rights, including in regard to the cotton harvest, and
develop a transparent process for registering and investigating violations of those rights; cease harassment of
activists for documenting labor conditions; take additional steps to ensure victims are not penalized for acts
committed as a result of being subjected to trafficking, including for illegal border crossing; continue to provide
in-kind support to anti-trafficking NGOs to assist and shelter victims; and continue efforts to investigate and
prosecute suspected trafficking offenders, respecting due process.
PROSECUTION
The government demonstrated mixed law enforcement efforts;
although it made efforts to combat sex and transnational labor
trafficking, there was no similar effort to address government- compelled forced labor of adults in the cotton
harvest and comprehensive enforcement of the decree prohibiting forced child labor lagged, as local officials in
some districts mobilized children at the end of the harvest. Article 135 of the criminal code prohibits both forced
prostitution and forced labor, and prescribes penalties of three to 12 years’ imprisonment, which are sufficiently
stringent and commensurate with punishments prescribed for other serious crimes, such as rape. Uzbekistan’s law
enforcement data are opaque and cannot be independently verified. In 2014, law enforcement agencies reported
conducting 1,016 trafficking investigations, compared with 1,093 investigations in 2013. Authorities reported
prosecuting 641 people and convicting 583 trafficking offenders in 2014, compared with 597 in 2013.The government
reported 559 convicted offenders were sentenced to time in prison and 19 traffickers were sentenced to correctional
labor, compared with 583 convicted offenders sentenced to time in prison in 2013. The government reported that of
the 583 convicted and sentenced offenders, 130 subsequently received suspended sentences. In 2014, the Ministry of
Interior (MOI) converted an existing law enforcement unit in Tashkent to an anti-trafficking section and increased
the number of staff devoted to trafficking in each regional anti-trafficking unit.
Official complicity in human trafficking in the cotton harvest remained prevalent. Some adults who refused to pick
cotton, pay for a replacement worker, or who did not fulfill their daily quotas may have been threatened with the
loss of critical social benefits, termination of employment, and harassment. According to reports, some regional
and local authorities applied varying amounts of pressure on government institutions, universities, and businesses
to organize students, teachers, medical workers, government and military personnel, private sector employees, and
local residents to pick cotton during the 2014 harvest. While there were limited reports of students who obtained
exemptions from cotton harvesting by citing Uzbekistan-ratified ILO conventions, other students may have faced the
threat of suspension, expulsion, or other forms of harassment by school administrators and teachers if they refused
to pick cotton. State employees, including teachers and hospital workers, are bound by a clause in their collective
bargaining agreement to be transferred elsewhere for up to 60 days each year and university students sign contracts
requiring their participation in the harvest as a condition of school enrollment. These contracts were used to
legitimize the mobilization of public sector workers and university students for the cotton harvest. In some
districts and cities, local officials pressured private companies to mobilize some of their employees for the
harvest with an implicit threat of increased government inspections and taxes. Police threatened and detained at
least two activists attempting to document labor violations in the cotton fields.
PROTECTION
The government made efforts to identify, assist, and protect victims of sex and transnational labor trafficking,
but demonstrated minimal efforts to assist victims of forced labor in the cotton harvest. In 2014, in observance of
the application of the Abolition of Forced Labour Convention which Uzbekistan ratified in 1997, ILO began a survey,
with government approval, on recruitment practices and working conditions in agriculture, especially the cotton
sector. As the government did not openly acknowledge domestic forced labor of adults in the cotton sector, the
identification of and assistance to such victims was stymied.The government reported it identified 1,208
trafficking victims in 2014, the majority of whom
were subjected to forced labor, compared with 1,392 in 2013. Of these victims, 143 were exploited within the
country, while the remaining victims were Uzbekistani citizens subjected to human trafficking in other countries.
NGOs and an international organization identified and assisted 847 trafficking victims in 2014, compared with 451
in 2013. NGOs stated the increase reflected improved collaboration with officials who more consistently referred
victims to NGOs.
ILO had neither the mandate nor funding to monitor the 2014 harvest, but provided technical support to the
government’s monitoring mission.The government conducted monitoring through the creation of eight territorial
monitoring groups consisting of government officials, NGO representatives, and the Federation of Trade Unions.These
groups conducted 745 interviews across 172 rural regions, including visits to 316 vocational colleges and lyceums
and 395 farms. Over the course of the monitoring period, the government reported 41 cases of children picking
cotton alongside their parents, as compared with 53 cases of child labor identified during the 2013 harvest.
Observers similarly reported a decrease in the number of children mobilized for the 2014 harvest. However,
observers also documented local officials in some districts sending entire classes of 13- to17-year-olds to pick
cotton towards the end of the harvest and confirmed at least one instance where two children were required to stay
out of the cotton fields on a particular day to evade the government’s monitoring.
The government did not have a systematic process to proactively identify victims from vulnerable populations,
including those subjected to internal trafficking, and refer those victims to protective services. Police, consular
officials, and border guards referred potential trafficking victims who were returning from abroad to NGOs for
services. Government-provided rehabilitation and protection services were contingent on victims receiving official
“victim” status by filing a criminal complaint with the Inter- agency Commission to Combat Trafficking in Persons
and the MOI’s affirmative decision to open an investigation into the case. Victims who cooperated with law
enforcement were allowed to receive security, including escorts to and from trials, under the anti-trafficking law.
NGOs reported officials were increasingly complying with legal requirements to maintain victim confidentiality.
The government continued to fund a trafficking rehabilitation center for men, women, and children, which assisted
369 victims in 2014; it included a 30-bed shelter and provided medical, psychological, legal, and job placement
assistance. Victims could discharge themselves from the shelter. To remain at the shelter, however, victims had to
obey rules, such as obtaining permission to leave, and adhere to a curfew. The government provided funding to local
NGOs to conduct vocational trainings and provide health services for victims, in addition to tax benefits and the
use of government-owned land.Victims were eligible for medical assistance from the government; in 2014, 898 victims
received medical examinations and follow-up care. Uzbekistan’s diplomatic missions abroad helped repatriate 368
victims.While there were reports of potential transnational sex and labor trafficking victims facing criminal
penalty of a substantial fine or imprisonment for illegally crossing the border, once victims were formally
recognized as such, the law exempted them from prosecution for acts committed as a result of being subjected to
trafficking. When such victims were nonetheless charged, NGOs reported success in having the charges
dropped.
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