In the current context of globalization, an active policy is being pursued to democratize and liberalize the socio-economic life of our society. This article describes the system of protection of social and legal interests of migrant workers on the basis of normative legal acts of the Republic of Uzbekistan. Also, the international legal instruments ratified by our state reflect on the process of regulation of external labor migration and its prospects.
Keywords: labor migration, illegal migration, human trafficking, labor activity, social support.
Despite the growing number of labor migration processes, the legal space for labor migrants in most countries remains limited. Ineffective regulation of labor migration leads to the emergence of negative situations such as the lack of rights and freedoms of labor migrants, illegal migration and human trafficking.
In order to prevent such situations and further support the legal interests of its citizens, the Government of Uzbekistan has done a lot over the past three years.
In particular, the Resolution of the President of the Republic of Uzbekistan Sh.M.Mirziyoev dated July 5, 2018 «On additional measures to further improve the system of external labor migration» [1], Decree of the Cabinet of Ministers of the Republic of Uzbekistan dated August 20, 2019 «On measures to further strengthen the guarantees of protection of citizens of the Republic of Uzbekistan and their families working abroad» [2] normative legal acts such as the Resolution “On Additional Measures to Protect the Rights and Legal Interests of Citizens” [3] brought the system of protection of social and legal interests of labor migrants to a new level.
Based on the Decree of the President of the Republic of Uzbekistan Sh.M.Mirziyoev dated August 20, 2019 «On measures to further strengthen the guarantees of protection of citizens of the Republic of Uzbekistan and their families working temporarily abroad» and the Resolution of the Cabinet of Ministers dated August 23, 2019 In addition to ensuring the protection of the rights and interests of migrant workers, a number of tasks have been set to create favorable conditions for labor migrants to work.
In particular, for the first time the Republican Commission on External Labor Migration was established and assigned the following main tasks:
− organization of development and implementation of state programs in the field of external labor migration, further improvement of national legislation and law enforcement practice in this area;
− Assistance to citizens of Uzbekistan in the exercise of their rights to work abroad, fair and safe working conditions, social and legal protection, as well as integration into society after returning home;
− hearing reports of the heads of state bodies, local executive bodies and other organizations on the work done in the field of external labor migration;
− Systematic analysis and monitoring of the situation in the field of external labor migration and the development of specific measures aimed at improving the effectiveness of legal, financial and material assistance to migrant workers.
− The Chairman of the Council of Ministers of the Republic of Karakalpakstan, khokims of regions and the city of Tashkent, as well as heads of competent state bodies and organizations report to the Republican Commission on the work done to support and protect the rights of migrant workers and their families at least once every six months put
− Consideration of proposals for cooperation with the competent authorities of foreign countries on external migration.
Also, a set of measures has been developed to create mechanisms for social support for migrant workers and their families, to improve housing, living conditions, financial assistance, protection of life and health.
Illegal labor migration is one of the biggest problems for the world community today. Illegal labor migrants working outside their home country cannot rely on the social protection of their home country. Their legal status is weak and discrimination and human rights violations are common [4]. Systematic work is also being done to prevent illegal labor migration through the adoption of international legal instruments and to regulate the field of social protection of external labor migrants.
On December 12, 2018, Uzbekistan ratified the Constitution of the International Organization for Migration. In this regard, an action plan for the development of cooperation between the Republic of Uzbekistan and the International Organization for Migration in 2019 has been developed. This step included the Republic in the list of 173 member and 8 observer states of the International Organization for Migration and ensured its participation in the following activities aimed at protecting the social rights of migrants;
− respect for human rights, including the rights of migrant workers;
− Ensuring fair conditions for employment to prevent violations of the rights of migrant workers, guaranteeing equal rights with citizens of the host country;
− introduction of a fair migration procedure in the process of regional integration;
− Facilitate a bilateral agreement between member states on the introduction of fair migration conditions.
− Promoting social partnership in decision-making in the field of migrants between the Ministries of Labor and Social Protection, trade unions, employers [6].
Uzbekistan has a negative balance in external migration, mainly due to migrant workers. Uzbekistan is a significant exporter of labor compared to imports [7].
Within the framework of the CIS (Commonwealth оf Independent States), Uzbekistan signed an agreement on cooperation in the field of labor migration and social protection of migrant workers. Bilateral agreements have been signed with the Republic of Korea, the Russian Federation and Kazakhstan.
In particular, there are a number of intergovernmental agreements between Uzbekistan and Russia on the regulation of labor movement, in particular, the priority is the organized recruitment and involvement of citizens of the republic for temporary employment in the Russian Federation. For this purpose, an Uzbek-Russian working group headed by the Ministers of Labor of the two countries has been working since 2017 [8].
In accordance with the international migration policy, the social interests of migrants in our country will be guaranteed in the following areas;
− legal and social protection, as well as financial assistance to citizens who have suffered violence, forced labor and discrimination, violated labor and other rights, are in serious financial difficulties and without identity documents, without means of subsistence while working abroad;
− provision of medical services to citizens in need of medical care due to injuries, accidents during labor migration, provided that these citizens are reimbursed in the event of inability to pay for medical services at the expense of migrant workers;
− Bringing the bodies of citizens who died during labor migration outside the country, as well as citizens who were injured or seriously injured during work abroad, in cases approved by the relevant institutions of the state of employment;
− citizens deported from the territory of the country as a result of violation of the legislation of the country of employment, previously sent abroad for work in an organized manner, provided that the paid funds are reimbursed at the expense of this citizen, as well as agreed working conditions by foreign employers return of deported citizens;
− pre-departure adaptation, vocational training of citizens going abroad to work in the territory of the republic. Conducting tests on the level of teaching and knowledge of foreign languages, the organization and equipment of centers for certification of professional skills of citizens.
Conclusion.
New regulations adopted in our country in the field of external labor migration will help protect citizens in accordance with international requirements. At present, the legislation regulating all aspects of social relations in the field of external labor migration, as well as international agreements of the republic do not contain norms in the field of temporary labor activity abroad. The tasks arising from the documents adopted by the President and the Government will help to further improve national legislation and law enforcement practices in this area, to systematize these norms in a single law defining external labor migration.
References:
- National database of the legislation, 06.07.2018, No. 07/18/3839/1463; 01.01.2020, 07/20/4555/4257.
- National database of the legislation, 21.08.2019, No. 06/19/5785/3605; 13.12.2019, 06/19/5893/4150.
- National database of the legislation, 24.08.2019, No. 09/19/713/3633.
- For a fair approach to working migrants in the global economy / International Confederation of Labor, 92nd session. Geneva, 2004.
- Law of the Republic of Uzbekistan «On ratification of the Constitution of the International Organization for Migration» // People's Speech, № 268 (7196) 27/12/2018.
- National Database of Legislation, 01.06.2018, No. 09/18/407/1295.
- Maksakova L. P. Export of labor force from Uzbekistan // Labor migration in the CIS countries: social and economic aspects / edition. J. A. Zayonchkovskaya. M., 2003.
- National Database of Legislation, 24.05.2018, No. 09/18/384/1266.
