scholarly journals CHILDREN AND FORCED LABOUR: THE LEGAL NATURE OF INTERNATIONAL LABOUR STANDARDS.

2021 ◽  
Vol 100 (08) ◽  
pp. 42-45
Author(s):  
Jurabek Rasulov ◽  
2021 ◽  
Vol 58 (1) ◽  
pp. 4564-4580
Author(s):  
Odiljon Sulaymanov, Jurabek Rasulov

The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.


2021 ◽  
Vol 12 (4) ◽  
pp. 1078-1089
Author(s):  
Odiljon Sulaymanov, Et. al.

The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.


2020 ◽  
Vol V (I) ◽  
pp. 349-359
Author(s):  
Bisharat Ali Lanjwani ◽  
Fehmida Aslam ◽  
Anwar ul Mustafa Shah

This research article attempts to investigate "State of Implementation of International Labour Organization (ILO) Labour Standards in Brick Kiln Industry of Pakistan". Based on qualitative methods, this research/investigation has tried to understand different processes and mechanisms through which the government of Pakistan is fulfilling its international obligation i.e., provision of Core Labour Rights to the workers of brick kiln industry in the country. From all its Conventions, ILO has picked 8 Conventions and grouped them under four most basic human rights as which include Conventions 87 and 98 as "The right to organize and engage in collective bargaining", Conventions 100 and 111 as "The right to equality at work", Conventions 138 and 182 as "The abolition of child labour" and Conventions 29 and 105 as "The abolition of forced labour". To investigate the state of implementation of ILO Labour Standards, six districts were chosen from four provinces of Pakistan. Through focused group discussions and in-depth interviews, data was collected from brick kin workers, brick owners, labour activists, trade unionists, labour lawyers and officials of the labour departments.


Author(s):  
Kari Tapiola

Abstract The social rules of a universal market economy, created by globalization, are based on the standards adopted by the ILO since 1919. Among them a special role belongs to fundamental principles and rights at work, comprised in an ILO Declaration in 1998. They provide for freedom of association, collective bargaining and the elimination of child and forced labour and discrimination. There is a growing debate on how other standards should be linked to fundamental rights and not seen as less important instruments. Technical cooperation has demonstrated that, in any case, implementing fundamental rights leads to strengthening of law and practice on wages, social security and occupational safety and health. All international labour standards (Conventions, Recommendations and Protocols) are derived from the labour principles of the ILO Constitution, and they are closely connected with one another. While the role of the state remains crucial—especially in times of crisis—much of the implementation of labour standards should be achieved through collective bargaining and other negotiations, while voluntary agreements between the social partners are generally legally binding.


2002 ◽  
Vol 18 (1) ◽  
pp. 1-22 ◽  
Author(s):  
L. A. Visano ◽  
Nicholas Adete Bastine

Informed by critical theory, this paper focuses on the dialectical interplay between law and economics evident in the practices and policies of the International Labour Organization (ILO). It is argued, first, that governments do not comply with international labour standards because of the inherent weaknesses of the ILO as the source and enforcer of international obligations. Second, the parochial politicization of rights defers to the arrogance of ignorance. Third, developing societies are overwhelmingly preoccupied with socioeconomic development. In exploring the impact of ILO practices on developing societies within the policies of the International Monetary Fund (IMF) and the World Bank (WB), this paper asks the following questions: to what extent does capital form and inform the law in relation to conflicting economic narratives of development and nationhood? How and why does the ILO talk up legal narratives of regulation and contest? How does law hegemonize capital integration? How does law symbolically function to mediate labour relations meanings and manipulate the inaction of civil society? Within the larger structure of “market forces,” the commodity of law is a complex form of social communication that diverts attention away from the political impact of predatory economies.


1995 ◽  
Vol 8 (4) ◽  
pp. 569-588 ◽  
Author(s):  
Rob Lambert ◽  
Donella Caspersz

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