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COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF UZBEKISTAN
19 May 2006
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19 May 2006
The Committee on the Rights of the Child today considered the second periodic report of Uzbekistan on how that country is implementing the provisions of the Convention on the Rights of the Child.
Introducing the report was Akmal Saidov, Director of the National Centre for Human Rights of Uzbekistan, who said Uzbekistan had been making considerable efforts to reform the institutional system for children’s rights and protection. Noted as a success was the setting up of two governmental bodies in that regard, one providing legal advice for draft laws to ensure they were consistent with the Convention, and the second to ensure current laws and legal standards were in line with the overall reform process being undertake in the country aimed to uphold human rights.
After having drawn attention to other notable achievements, among them the adoption of the State party’s National Plan of Action for Children, Mr. Saidov made mention of some difficulties currently facing the country, in particular, the lack of awareness in civil society of child rights and human rights, in general; the geo-political situation, given that Uzbekistan’s neighbours - Tajikistan and Afghanistan - had come out of years of war and insecurity; and a persisting drug problem in the country.
In preliminary concluding remarks, Yanghee Lee, the Committee Expert who served as country Rapporteur for the report of Uzbekistan, thanked the delegation for its response and expressed the hope that the Government of Uzbekistan would soon ratify the two Optional Protocols to the Convention as well as the key ILO Conventions addressing child rights. The Rapporteur expressed gratitude on behalf of the Committee for the Government’s moves towards the creation of an Office for the Ombudsman on Children and also underlined the importance of the implementation of consistent policies and legislation and for eliminating any disparities between the various Makhallas in the country.
Other Committee Experts contributed to the debate by raising questions pertaining to, among other things, the Makhallas (neighbourhood) committees in Uzbekistan; domestic violence and child abuse; the National Centre for Human Rights and the Office of the Ombudsman; education and health services; children with disabilities; child labour; children living in poverty; and juvenile justice.
The Committee will release its formal, written concluding observations and recommendations on the report of Uzbekistan towards the end of its three-week session, which will conclude on 2 June.
The delegation of Uzbekistan was made up of representatives of the National Centre for Human Rights; the Cabinet of Ministers; the Ministry of Foreign Affairs; and the Permanent Mission of Uzbekistan to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Uzbekistan is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of that treaty. The delegation was on hand during the day to present the report and answer questions raised by Committee Experts.
When Chamber A of the Committee reconvenes at 10 a.m. on Tuesday, 23 May, it will take up the second periodic report of the Marshall Islands (CRC/C/93/Add.8)
Report of Uzbekistan
The second periodic report of Uzbekistan (CRC/ C/104/Add.6) notes that a wide range of national legislation and many constitutional provisions stress that children have the right to special assistance and regulate the protection of children's rights in Uzbekistan. The State party's National Plan of Action of 2001 aims to implement the recommendations of the Committee. Under the Plan, a series of legislation was enacted, including the Act on the respect for the right of children, mothers and low-income families to obtain social benefits and the Act on the prevention of juvenile delinquency. The National Human Rights Centre, the report continues, has prepared ambitious bills on guarantees for children’s rights and the social protection of orphans and children deprived of parental care, which have been submitted to Parliament for consideration. Additionally significant efforts have been made to increase children's involvement in, study of and familiarization with a culture of human rights.
In accordance with the Convention, the report states, Uzbekistan acknowledges the need for proper legal protection of children’s interests and constant concern for children’s welfare, in order to improve the living conditions of the country’s children. Accordingly, there are no fundamental differences between the Convention on the Rights of the Child and Uzbek legislation insofar as the legal status of children is concerned. The legislation grants children all rights provided for in the Convention, without discrimination of any kind. In terms of education, the State is concerned with making it possible for children regardless of their background to obtain on an equal footing the most modern secondary education possible. Under the Education Act, everyone in Uzbekistan is guaranteed equal rights to 12 years of free education without distinction.
Although Uzbekistan has not signed the 1951 Convention relating to the Status of Refugees or its 1967 Protocol, the report states, Uzbek domestic law provides for arrangements for political asylum. The number of refugees falling under the UNHCR mandate in Uzbekistan as at 1 January 2003 was 2,629. Positive steps have been taken by the Government of Uzbekistan in this area, as noted by the United Nations, in particular the provision of free access to basic education for the children of refugees and ongoing cooperation between UNHCR with the Government in supporting the logistics and humanitarian operations in northern Afghanistan.
Presentation of Report
AKMAL SAIDOV, Director of the National Centre for Human Rights of Uzbekistan, noted that over 30 government agencies and more than ten non-governmental organizations had contributed to the presentation of the report under review. The National Action Plan reflected the recommendations of the Committee and was being implemented under the auspices of the central Government; 29 of the 32 recommendations of the Committee had already been implemented.
Over 50 laws had been reviewed to assess their consistency with the Convention and a committee, in cooperation with UNCIEF, was drawing up a law to ensure children’s rights in the areas of justice, he said. Efforts were being undertaken to reform the institutional system for children’s rights and protection and last year two additional bodies were set up – one providing legal advice for draft laws to ensure they were consistent with the Convention; and the second body to ensure current laws and legal standards were in line with the overall reform process being undertake in the country aimed to uphold human rights.
Mr. Saidov noted that non-governmental organizations played a very important role in the implementation of the Convention in Uzbekistan and that there were over 5,000 registered in the country, many of which dealt with children’s rights. A non-governmental coalition was formed reining in some one hundred non-governmental organizations dealing with children’s rights. Furthermore, the Office of the Ombudsman looked into such matters and there was currently a debate on the establishment of an Ombudsman specifically for children’s rights.
In collaboration with UNICEF a number of publications have been disseminated to families and children covering their rights and social services available to them, he said. Additionally, programmes were being carried out in collaboration with the World Health Organization on the health of mothers and children. The Government attached great importance to medical services for children and each year health inspections were carried out for children.
Concerning education, a five-year programme had been adopted to improve primary and secondary education throughout the country. Efforts had also been taken to improve services for disabled children in the country, in particular, their access to schools and recreational activities. The children’s fund and the children’s parliament were two Government-sponsored efforts that aimed to ensure that children were represented in society and that their rights were upheld and respected.
In closing, Mr. Saidov noted that among the difficulties facing the country was the need to improve the awareness of civil society of child rights and human rights, in general; the geo-political situation, given that Uzbekistan’s neighbours - Tajikistan and Afghanistan - had come out of years of war and insecurity; and a persisting drug problem. Additionally, there was a need to strengthen judicial services.
Questions Raised by Committee Experts
YANGHEE LEE, the Committee Expert serving as Rapporteur for the report of Uzbekistan, while noting that the report was very factual, said it lacked an in-depth analysis which went into details on the measures taken to implement the Convention. She asked whether support was received by UNICEF in drafting the report or from any other outside source. In that regard, she asked for detailed information on the 29 out of 32 recommendations of the Committee implemented through the State’s National Plan of Action.
Ms. Lee asked for additional information on coordination between Government and non-government agencies in the country concerning the protection and promotion of children’s rights, and between national and local governments.
She also sought information on independent monitoring and the status of setting up an Office of an Ombudsman for Children and the consideration given to the financial and human resources, and independence implications of the Office. Additionally, the Rapporteur asked for information on the compulsory registration system. Lastly, more information was sought on the follow up investigations and rehabilitation from the May 2005 killings in Andijan, which resulted in the deaths of many children.
Another Expert asked who was principally responsible for the collection of data and statistics on children in Uzbekistan and what coordination mechanism existed in that regard and whether there were plans by the Government to improve the system of data collection overall. While noting that Government spending in the area of child services had been declining in recent years, the Expert asked for clarification for these measures.
An Expert noted that very little progress had been made in reversing the negative environmental effects resulting from the degradation of the Aral Sea and asked the delegation for more information on steps taken by the Government to address this situation.
Another Expert asked whether the recommendations made by the Committee following the review of the initial report of the State party had been disseminated and publicized in the country and whether the Convention had been incorporated into the school curriculum.
While welcoming the Government’s efforts to register all children at birth, an Expert noted that problems still existed in the area of birth, in particular with concern to refugee children. An Expert asked how the Government dealt with the reported cases of the ill-treatment and torture of persons under 18 years of age and for details on measures being taken by the Government to ensure this practice was stamped out. Information on penalties for suspects was also sought.
The Expert asked what measures were taken to deal with the issue of domestic violence while upholding the best interests of the child and what steps had been taken to improve police procedures in dealing with such cases. Concerning the best interests of the child, another Expert asked what system was in place in Uzbekistan to ensure that the new codes and laws effectively examined and factored in the best interests of the child.
A member of the Committee asked whether there was an effective mechanism in place to condemn child labour. Another Expert asked the delegation whether the Government intended to ratify the optional protocols to the Convention and ILO Conventions concerning child labour, namely Conventions 138 and 182.
A number of Experts asked for additional information on the adoption of a Children’s Code, the Makhallas (neighbourhood) committees, the Children’s Parliament, the right of children to express their views freely, the harmful effects of the media and the Internet on children, and the situation in Andijan. A member of the Committee asked specifically for concrete developments in this area and above all what had been done to prevent such events from reoccurring. While noting the reported decline of the number of persons under the age of 18 in the country, another Expert asked for reasons for this trend.
Response by Delegation of Uzbekistan
As to the drafting and presentation of the report, the delegation noted that the Government had collaborated closely with the coalition of non-governmental organizations, with the cooperation of UNICEF.
Concerning issues on coordination, the delegation noted that the Cabinet of Ministers was the coordinating body in Government which brought together all of the ministries working in the social sphere, including those issues dealing with child rights. The Cabinet also worked closely with non-governmental organizations. The coordinating body for collecting information was the State Office for the Collection of Statistics. Additionally, the creation of a number of local committees on the collection of data was underway, which included the involvement of the Makhallas committees.
Regarding budget allocations for children’s issues, the delegation said some 57 per cent of the budget was earmarked for social services, which resulted in increased spending in education for children. Moreover, financial grants were given to underprivileged families and to non-working mothers with children. It was noted that there were more than 3,000 impoverished families in Uzbekistan.
On the dissemination and publicity of the Convention, there were specific teachings on the principles in the Convention in the school system, as well as teachings through the Children’s Parliament.
Responding to questions on the Makhallas committees, the delegation said these committees, which numbered over 10,000 and included the entire population of Uzbekistan, did not belong to the State Government structure. They were considered as national democratic institutions which carried out their work on a voluntary basis; their chairpersons and advisors, which included those on children’s issues, were elected by the community.
In response to questions on domestic violence, the delegation said the Government had been taking legislative measures to combat all forms of this practice. A great deal of investment had also been made to rehabilitation of victims of domestic violence.
Concerning the drafting of a Children’s Code, the delegation said two bills had been prepared, with the support of UNICEF, on the rights of the child, which would guarantee consistency between national laws and the Convention. Additionally, a supplementary law was being drafted on juvenile justice.
On the National Centre for Human Rights, it was noted that Uzbekistan was among the first countries in Central Asia to establish a national human rights institution. The Centre was responsible for the preparation of reports and had overall responsibility of the implementation of human rights standards in-country. The Centre offered legal and technical advice, as well.
With regard to the Office of the Ombudsman, the delegation said a law was enacted in 2004 to strengthen the independence of the Office. As to the establishment of an Ombudsman for Children, there were different views expressed in Government; one which supported the establishment of this office, and another which did not support its creation since it believed the current Office of the Ombudsman was addressing children’s issues adequately. The delegation said the debate on the creation of this Office was still being considered. The main role of the current Ombudsman was to receive complaints of human rights violations and investigate them. The Ombudsman worked closely with the National Centre for Human Rights.
On the issue of education, the delegation noted that human rights training was carried out quite extensively throughout the country. At the primary school level, classes received training on the provisions of the Convention. At present, UNICEF was working with the Government on incorporating training on children’s rights at the university level for students studying to be teachers.
Turning to the events in Andijan in May 2005, the delegation said the official death toll stood at 187 killed and said, according to Government records, no children were killed in that incident. Despite the erroneous figures reported in the media, it was noted that the United Nations High Commissioner for Refugees stated that the number of refugees resulting from this incident was 450. Those who were found to be responsible, 19 in all, were punished and another 100 persons were judged and sentenced. Following this incident, a parliamentary committee was set up. The Committee served as a monitoring body and was made up of foreign diplomats serving in the country. The Committee regularly informed the Government of its conclusions.
Turning to the environmental issues surrounding the Aral Sea, the delegation said the Sea’s water level had lowered by 22 metres over recent years and as a result there were serious health problems, especially for women and children. The Government was taking a number of health measures to address this issue.
Questions by Committee Experts
In a second round of questions, Experts asked questions related to children with disabilities, measures for social integration of marginalized families and children; sexual exploitation and human trafficking; resources allocated for health centres; child mortality rates, given the discrepancy between Government officials and WHO figures; the increasing rate of HIV/AIDS among adolescents; mental health issues; school drop out rates; vocational training; the rate of drug abuse in Uzbekistan; and street children.
Another Expert asked whether the Government had a poverty reduction scheme given the high number of impoverished families and if that plan was child sensitive.
Concerning refugee children, an Expert asked for information on the impact of the Government’s decision to close the office of UNHCR in the country, in particular on child refugees. Similarly, another Expert asked whether refugee children were allowed to enroll in schools in Uzbekistan.
An Expert asked what measures had been envisaged by the Government to alleviate the impact in Uzbekistan of the civil war in its neighboring countries, given the numerous negative ramifications on children.
While indicating that some 10,000 children were deprived of a family environment, another Expert asked for information on the State’s guardianship programmes and other alternative care services.
On the issue of adoption, a member of the Committee noted that over 27,000 children were in adoption centres in Uzbekistan and in that regard asked for information on any national policy or guidelines and progress made on this issue, and, in particular, the role played by Makhallas in adoptions.
Turning to juvenile justice, another Expert asked whether there were specialized courts for the justice of minors and children in detention.
Response by Delegation
Responding, the delegation of Uzbekistan confirmed that the registration of newborn children was compulsory in the country, including among refugees, and civil registries were set up throughout Uzbekistan for that purpose. At present there were some 1,800 refugees in Uzbekistan, the majority of whom were from Afghanistan as a result of the conflict there. This number had been dropping year after year given repatriation projects undertaken and UNHCR’s previous efforts. Moreover, at the beginning of the 1990s there was a civil war in Tajikistan which resulted in some 6,000 Tajik refugees relocating to Uzbekistan. Following the peace agreement in 1993 and UNHCR’s efforts, the majority of these refugees were repatriated to Tajikistan.
Concerning children with disabilities, the delegation noted that according to statistics collected last year, there were just over 120,000 disabled children up to the age of 16 in Uzbekistan; of these 60,000 were attending regular school last year and another 22,000 were in special education schools. Moreover, 38,000 children were unable to attend school because of their extreme disabilities. For these severely disabled children, the State set up a system to offer support for schooling at home. Last year a rehabilitation centre for disabled children was set up by presidential decree; the centre aimed to reintegrate these children into society.
Turning to questions on the freedom of religion, the delegation said more than 90 per cent of the population professed Islam. In Uzbekistan there were some 20,000 religious organizations through which children had access to religious education. There was no discrimination based on religious beliefs in Uzbekistan. Children had the right to receive both secular and religious education in the country.
In response to the issue of the ill treatment of children, the delegation said according to a survey by the Ministry of Interior, no children had reported that they had been abused. Concerning the exploitation of children, the delegation said there was a plan of action which specifically addressed this crime. Additionally, there was a commission on minors which carried out regular checks on the various institutions dealing with children’s matters to ensure they had not been abusing children in any way. The ill treatment of children was punishable per the Criminal Code; in 2005 there were 229 reported cases of child abuse in Uzbekistan.
As to the health issues, the delegation said about half of the budget earmarked for the health sector, which had been supplemented by the World Bank, went to improving community health centres. Moreover, the Government had been taking steps to improve maternal health centres, with the help of a loan from the Asian Development Bank. Concerning child mortality, the rate in 2001 was 35.5 per one thousand live births, and in 2005, 15 per one thousand. On maternal mortality, in 2005, the rate was 30 per one thousand live births. Together with the United Nations Population Fund, the Government of Uzbekistan was working to improve pre-natal health. The highest cause of death among children was related to respiratory and digestive diseases. Some 90 per cent of children under two years were vaccinated through free State-run programmes.
The delegation acknowledged there was a deficit of micro-nutrients among youngsters and a large number of children suffered from low iron counts. Since this year, Uzbekistan had been declared a polio-free zone. Since 2003 to present, the rate of children with tuberculosis had been stable due to a number of government programmes in cooperation with the WHO. On the other hand, the cases of HIV infections had been rising in the child population. In response, a strategic programme on the prevention of HIV/AIDS for 2003 to 2009 was set up. Concerning health education, special courses on basic family health had been introduced into the school system where youngsters were educated on drug addiction and HIV/AIDS, among other social issues.
Turning to education, the delegation said that from 1997, an educational reform process had been underway. Last year, under a presidential decree, a system had been introduced with the aim to improve payments for teachers. The State had also been introducing enhanced interactive methods for teaching children. Some 90 per cent of the children in Uzbekistan attended school regularly and there was a special unit within the Ministry of Education which monitored school attendance.
On the subject of child labour, the delegation said in accordance with the labour code, children could take on work at the age of 16, or at the age of 15 with parents’ consent provided the work was not hazardous to their health. There were cases where children worked on family farms to harvest crops. The Government had established close cooperation with the International Labour Organization aimed to improve the level of vocational education and to eliminate the worst forms of child labour.
Responding to a question on poverty, the delegation noted that 27 per cent of the population lived below the poverty line and that this portion of the population benefited from government grants. Many of those affected by poverty were from families with many children. It was the goal of the Government, in support of the Millennium Development Goals, to reduce this percentage to 14 per cent by 2015.
As to alternative care centres, the delegation said there were 28 foster homes housing around 700 minors in Uzbekistan. Numerous efforts had been undertaken to reintegrate children deprived of a family environment. Additionally, the Ministry of Internal Affairs had established a transit centre for social assistance for minors in conflict with the law. Responding to a follow up question, the delegation said approximately 40,000 vagrant children were taken in by the police last year. These children were not necessarily juvenile offenders. The Makhallas often worked with these children to reintegrate them into their families. The numbers of children leaving their homes had been decreasing in recent years, the delegation added.
On the issue of adoption, the delegation said the Family Code in Uzbekistan laid down the regulations for the adoption of children. At present, some 30,000 adopted children and adolescents were living in foster families. Responding to a follow up question, the delegation said the child was placed under the supervision of a “guardian” if 15 or younger, whereas a child over 15 was under the supervision of a “tutor”.
Responding to a question on migration and how that affected the livelihood of children, the delegation acknowledged there was a major migration issue due to economic reasons where men often left the country for better job opportunities, which was done in the best interests of the child.
Concerning juvenile justice, the delegation noted that in 2003, there were just under 2,400 criminal cases brought against minors. All penitentiary institutions fell under the auspices of the Ministry of Internal Affairs, although presently there was a discussion on transferring authority of these institutions to the Ministry of Justice. There were no special courts for handling juvenile affairs; however, a Government committee was currently discussing setting up a court specifically to handle these cases.
Preliminary Concluding Remarks
YANGHEE LEE, the Committee Expert serving as Rapporteur for the report of Uzbekistan, thanked the delegation for its response and expressed the hope that the Government of Uzbekistan would soon ratify the two Optional Protocols to the Convention as well as the key ILO Conventions addressing child rights.
The Rapporteur expressed gratitude on behalf of the Committee that the creation of an Office for the Ombudsman on Children was under discussion; it said it was hoped that there would soon be a coalition established for the rights of children in Uzbekistan. Ms. Lee underlined the importance of the implementation of consistent policies and legislation and for eliminating any disparities between the various Makhallas in the country.
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For use of the information media; not an official record
The Committee on the Rights of the Child today considered the second periodic report of Uzbekistan on how that country is implementing the provisions of the Convention on the Rights of the Child.
Introducing the report was Akmal Saidov, Director of the National Centre for Human Rights of Uzbekistan, who said Uzbekistan had been making considerable efforts to reform the institutional system for children’s rights and protection. Noted as a success was the setting up of two governmental bodies in that regard, one providing legal advice for draft laws to ensure they were consistent with the Convention, and the second to ensure current laws and legal standards were in line with the overall reform process being undertake in the country aimed to uphold human rights.
After having drawn attention to other notable achievements, among them the adoption of the State party’s National Plan of Action for Children, Mr. Saidov made mention of some difficulties currently facing the country, in particular, the lack of awareness in civil society of child rights and human rights, in general; the geo-political situation, given that Uzbekistan’s neighbours - Tajikistan and Afghanistan - had come out of years of war and insecurity; and a persisting drug problem in the country.
In preliminary concluding remarks, Yanghee Lee, the Committee Expert who served as country Rapporteur for the report of Uzbekistan, thanked the delegation for its response and expressed the hope that the Government of Uzbekistan would soon ratify the two Optional Protocols to the Convention as well as the key ILO Conventions addressing child rights. The Rapporteur expressed gratitude on behalf of the Committee for the Government’s moves towards the creation of an Office for the Ombudsman on Children and also underlined the importance of the implementation of consistent policies and legislation and for eliminating any disparities between the various Makhallas in the country.
Other Committee Experts contributed to the debate by raising questions pertaining to, among other things, the Makhallas (neighbourhood) committees in Uzbekistan; domestic violence and child abuse; the National Centre for Human Rights and the Office of the Ombudsman; education and health services; children with disabilities; child labour; children living in poverty; and juvenile justice.
The Committee will release its formal, written concluding observations and recommendations on the report of Uzbekistan towards the end of its three-week session, which will conclude on 2 June.
The delegation of Uzbekistan was made up of representatives of the National Centre for Human Rights; the Cabinet of Ministers; the Ministry of Foreign Affairs; and the Permanent Mission of Uzbekistan to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Uzbekistan is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of that treaty. The delegation was on hand during the day to present the report and answer questions raised by Committee Experts.
When Chamber A of the Committee reconvenes at 10 a.m. on Tuesday, 23 May, it will take up the second periodic report of the Marshall Islands (CRC/C/93/Add.8)
Report of Uzbekistan
The second periodic report of Uzbekistan (CRC/ C/104/Add.6) notes that a wide range of national legislation and many constitutional provisions stress that children have the right to special assistance and regulate the protection of children's rights in Uzbekistan. The State party's National Plan of Action of 2001 aims to implement the recommendations of the Committee. Under the Plan, a series of legislation was enacted, including the Act on the respect for the right of children, mothers and low-income families to obtain social benefits and the Act on the prevention of juvenile delinquency. The National Human Rights Centre, the report continues, has prepared ambitious bills on guarantees for children’s rights and the social protection of orphans and children deprived of parental care, which have been submitted to Parliament for consideration. Additionally significant efforts have been made to increase children's involvement in, study of and familiarization with a culture of human rights.
In accordance with the Convention, the report states, Uzbekistan acknowledges the need for proper legal protection of children’s interests and constant concern for children’s welfare, in order to improve the living conditions of the country’s children. Accordingly, there are no fundamental differences between the Convention on the Rights of the Child and Uzbek legislation insofar as the legal status of children is concerned. The legislation grants children all rights provided for in the Convention, without discrimination of any kind. In terms of education, the State is concerned with making it possible for children regardless of their background to obtain on an equal footing the most modern secondary education possible. Under the Education Act, everyone in Uzbekistan is guaranteed equal rights to 12 years of free education without distinction.
Although Uzbekistan has not signed the 1951 Convention relating to the Status of Refugees or its 1967 Protocol, the report states, Uzbek domestic law provides for arrangements for political asylum. The number of refugees falling under the UNHCR mandate in Uzbekistan as at 1 January 2003 was 2,629. Positive steps have been taken by the Government of Uzbekistan in this area, as noted by the United Nations, in particular the provision of free access to basic education for the children of refugees and ongoing cooperation between UNHCR with the Government in supporting the logistics and humanitarian operations in northern Afghanistan.
Presentation of Report
AKMAL SAIDOV, Director of the National Centre for Human Rights of Uzbekistan, noted that over 30 government agencies and more than ten non-governmental organizations had contributed to the presentation of the report under review. The National Action Plan reflected the recommendations of the Committee and was being implemented under the auspices of the central Government; 29 of the 32 recommendations of the Committee had already been implemented.
Over 50 laws had been reviewed to assess their consistency with the Convention and a committee, in cooperation with UNCIEF, was drawing up a law to ensure children’s rights in the areas of justice, he said. Efforts were being undertaken to reform the institutional system for children’s rights and protection and last year two additional bodies were set up – one providing legal advice for draft laws to ensure they were consistent with the Convention; and the second body to ensure current laws and legal standards were in line with the overall reform process being undertake in the country aimed to uphold human rights.
Mr. Saidov noted that non-governmental organizations played a very important role in the implementation of the Convention in Uzbekistan and that there were over 5,000 registered in the country, many of which dealt with children’s rights. A non-governmental coalition was formed reining in some one hundred non-governmental organizations dealing with children’s rights. Furthermore, the Office of the Ombudsman looked into such matters and there was currently a debate on the establishment of an Ombudsman specifically for children’s rights.
In collaboration with UNICEF a number of publications have been disseminated to families and children covering their rights and social services available to them, he said. Additionally, programmes were being carried out in collaboration with the World Health Organization on the health of mothers and children. The Government attached great importance to medical services for children and each year health inspections were carried out for children.
Concerning education, a five-year programme had been adopted to improve primary and secondary education throughout the country. Efforts had also been taken to improve services for disabled children in the country, in particular, their access to schools and recreational activities. The children’s fund and the children’s parliament were two Government-sponsored efforts that aimed to ensure that children were represented in society and that their rights were upheld and respected.
In closing, Mr. Saidov noted that among the difficulties facing the country was the need to improve the awareness of civil society of child rights and human rights, in general; the geo-political situation, given that Uzbekistan’s neighbours - Tajikistan and Afghanistan - had come out of years of war and insecurity; and a persisting drug problem. Additionally, there was a need to strengthen judicial services.
Questions Raised by Committee Experts
YANGHEE LEE, the Committee Expert serving as Rapporteur for the report of Uzbekistan, while noting that the report was very factual, said it lacked an in-depth analysis which went into details on the measures taken to implement the Convention. She asked whether support was received by UNICEF in drafting the report or from any other outside source. In that regard, she asked for detailed information on the 29 out of 32 recommendations of the Committee implemented through the State’s National Plan of Action.
Ms. Lee asked for additional information on coordination between Government and non-government agencies in the country concerning the protection and promotion of children’s rights, and between national and local governments.
She also sought information on independent monitoring and the status of setting up an Office of an Ombudsman for Children and the consideration given to the financial and human resources, and independence implications of the Office. Additionally, the Rapporteur asked for information on the compulsory registration system. Lastly, more information was sought on the follow up investigations and rehabilitation from the May 2005 killings in Andijan, which resulted in the deaths of many children.
Another Expert asked who was principally responsible for the collection of data and statistics on children in Uzbekistan and what coordination mechanism existed in that regard and whether there were plans by the Government to improve the system of data collection overall. While noting that Government spending in the area of child services had been declining in recent years, the Expert asked for clarification for these measures.
An Expert noted that very little progress had been made in reversing the negative environmental effects resulting from the degradation of the Aral Sea and asked the delegation for more information on steps taken by the Government to address this situation.
Another Expert asked whether the recommendations made by the Committee following the review of the initial report of the State party had been disseminated and publicized in the country and whether the Convention had been incorporated into the school curriculum.
While welcoming the Government’s efforts to register all children at birth, an Expert noted that problems still existed in the area of birth, in particular with concern to refugee children. An Expert asked how the Government dealt with the reported cases of the ill-treatment and torture of persons under 18 years of age and for details on measures being taken by the Government to ensure this practice was stamped out. Information on penalties for suspects was also sought.
The Expert asked what measures were taken to deal with the issue of domestic violence while upholding the best interests of the child and what steps had been taken to improve police procedures in dealing with such cases. Concerning the best interests of the child, another Expert asked what system was in place in Uzbekistan to ensure that the new codes and laws effectively examined and factored in the best interests of the child.
A member of the Committee asked whether there was an effective mechanism in place to condemn child labour. Another Expert asked the delegation whether the Government intended to ratify the optional protocols to the Convention and ILO Conventions concerning child labour, namely Conventions 138 and 182.
A number of Experts asked for additional information on the adoption of a Children’s Code, the Makhallas (neighbourhood) committees, the Children’s Parliament, the right of children to express their views freely, the harmful effects of the media and the Internet on children, and the situation in Andijan. A member of the Committee asked specifically for concrete developments in this area and above all what had been done to prevent such events from reoccurring. While noting the reported decline of the number of persons under the age of 18 in the country, another Expert asked for reasons for this trend.
Response by Delegation of Uzbekistan
As to the drafting and presentation of the report, the delegation noted that the Government had collaborated closely with the coalition of non-governmental organizations, with the cooperation of UNICEF.
Concerning issues on coordination, the delegation noted that the Cabinet of Ministers was the coordinating body in Government which brought together all of the ministries working in the social sphere, including those issues dealing with child rights. The Cabinet also worked closely with non-governmental organizations. The coordinating body for collecting information was the State Office for the Collection of Statistics. Additionally, the creation of a number of local committees on the collection of data was underway, which included the involvement of the Makhallas committees.
Regarding budget allocations for children’s issues, the delegation said some 57 per cent of the budget was earmarked for social services, which resulted in increased spending in education for children. Moreover, financial grants were given to underprivileged families and to non-working mothers with children. It was noted that there were more than 3,000 impoverished families in Uzbekistan.
On the dissemination and publicity of the Convention, there were specific teachings on the principles in the Convention in the school system, as well as teachings through the Children’s Parliament.
Responding to questions on the Makhallas committees, the delegation said these committees, which numbered over 10,000 and included the entire population of Uzbekistan, did not belong to the State Government structure. They were considered as national democratic institutions which carried out their work on a voluntary basis; their chairpersons and advisors, which included those on children’s issues, were elected by the community.
In response to questions on domestic violence, the delegation said the Government had been taking legislative measures to combat all forms of this practice. A great deal of investment had also been made to rehabilitation of victims of domestic violence.
Concerning the drafting of a Children’s Code, the delegation said two bills had been prepared, with the support of UNICEF, on the rights of the child, which would guarantee consistency between national laws and the Convention. Additionally, a supplementary law was being drafted on juvenile justice.
On the National Centre for Human Rights, it was noted that Uzbekistan was among the first countries in Central Asia to establish a national human rights institution. The Centre was responsible for the preparation of reports and had overall responsibility of the implementation of human rights standards in-country. The Centre offered legal and technical advice, as well.
With regard to the Office of the Ombudsman, the delegation said a law was enacted in 2004 to strengthen the independence of the Office. As to the establishment of an Ombudsman for Children, there were different views expressed in Government; one which supported the establishment of this office, and another which did not support its creation since it believed the current Office of the Ombudsman was addressing children’s issues adequately. The delegation said the debate on the creation of this Office was still being considered. The main role of the current Ombudsman was to receive complaints of human rights violations and investigate them. The Ombudsman worked closely with the National Centre for Human Rights.
On the issue of education, the delegation noted that human rights training was carried out quite extensively throughout the country. At the primary school level, classes received training on the provisions of the Convention. At present, UNICEF was working with the Government on incorporating training on children’s rights at the university level for students studying to be teachers.
Turning to the events in Andijan in May 2005, the delegation said the official death toll stood at 187 killed and said, according to Government records, no children were killed in that incident. Despite the erroneous figures reported in the media, it was noted that the United Nations High Commissioner for Refugees stated that the number of refugees resulting from this incident was 450. Those who were found to be responsible, 19 in all, were punished and another 100 persons were judged and sentenced. Following this incident, a parliamentary committee was set up. The Committee served as a monitoring body and was made up of foreign diplomats serving in the country. The Committee regularly informed the Government of its conclusions.
Turning to the environmental issues surrounding the Aral Sea, the delegation said the Sea’s water level had lowered by 22 metres over recent years and as a result there were serious health problems, especially for women and children. The Government was taking a number of health measures to address this issue.
Questions by Committee Experts
In a second round of questions, Experts asked questions related to children with disabilities, measures for social integration of marginalized families and children; sexual exploitation and human trafficking; resources allocated for health centres; child mortality rates, given the discrepancy between Government officials and WHO figures; the increasing rate of HIV/AIDS among adolescents; mental health issues; school drop out rates; vocational training; the rate of drug abuse in Uzbekistan; and street children.
Another Expert asked whether the Government had a poverty reduction scheme given the high number of impoverished families and if that plan was child sensitive.
Concerning refugee children, an Expert asked for information on the impact of the Government’s decision to close the office of UNHCR in the country, in particular on child refugees. Similarly, another Expert asked whether refugee children were allowed to enroll in schools in Uzbekistan.
An Expert asked what measures had been envisaged by the Government to alleviate the impact in Uzbekistan of the civil war in its neighboring countries, given the numerous negative ramifications on children.
While indicating that some 10,000 children were deprived of a family environment, another Expert asked for information on the State’s guardianship programmes and other alternative care services.
On the issue of adoption, a member of the Committee noted that over 27,000 children were in adoption centres in Uzbekistan and in that regard asked for information on any national policy or guidelines and progress made on this issue, and, in particular, the role played by Makhallas in adoptions.
Turning to juvenile justice, another Expert asked whether there were specialized courts for the justice of minors and children in detention.
Response by Delegation
Responding, the delegation of Uzbekistan confirmed that the registration of newborn children was compulsory in the country, including among refugees, and civil registries were set up throughout Uzbekistan for that purpose. At present there were some 1,800 refugees in Uzbekistan, the majority of whom were from Afghanistan as a result of the conflict there. This number had been dropping year after year given repatriation projects undertaken and UNHCR’s previous efforts. Moreover, at the beginning of the 1990s there was a civil war in Tajikistan which resulted in some 6,000 Tajik refugees relocating to Uzbekistan. Following the peace agreement in 1993 and UNHCR’s efforts, the majority of these refugees were repatriated to Tajikistan.
Concerning children with disabilities, the delegation noted that according to statistics collected last year, there were just over 120,000 disabled children up to the age of 16 in Uzbekistan; of these 60,000 were attending regular school last year and another 22,000 were in special education schools. Moreover, 38,000 children were unable to attend school because of their extreme disabilities. For these severely disabled children, the State set up a system to offer support for schooling at home. Last year a rehabilitation centre for disabled children was set up by presidential decree; the centre aimed to reintegrate these children into society.
Turning to questions on the freedom of religion, the delegation said more than 90 per cent of the population professed Islam. In Uzbekistan there were some 20,000 religious organizations through which children had access to religious education. There was no discrimination based on religious beliefs in Uzbekistan. Children had the right to receive both secular and religious education in the country.
In response to the issue of the ill treatment of children, the delegation said according to a survey by the Ministry of Interior, no children had reported that they had been abused. Concerning the exploitation of children, the delegation said there was a plan of action which specifically addressed this crime. Additionally, there was a commission on minors which carried out regular checks on the various institutions dealing with children’s matters to ensure they had not been abusing children in any way. The ill treatment of children was punishable per the Criminal Code; in 2005 there were 229 reported cases of child abuse in Uzbekistan.
As to the health issues, the delegation said about half of the budget earmarked for the health sector, which had been supplemented by the World Bank, went to improving community health centres. Moreover, the Government had been taking steps to improve maternal health centres, with the help of a loan from the Asian Development Bank. Concerning child mortality, the rate in 2001 was 35.5 per one thousand live births, and in 2005, 15 per one thousand. On maternal mortality, in 2005, the rate was 30 per one thousand live births. Together with the United Nations Population Fund, the Government of Uzbekistan was working to improve pre-natal health. The highest cause of death among children was related to respiratory and digestive diseases. Some 90 per cent of children under two years were vaccinated through free State-run programmes.
The delegation acknowledged there was a deficit of micro-nutrients among youngsters and a large number of children suffered from low iron counts. Since this year, Uzbekistan had been declared a polio-free zone. Since 2003 to present, the rate of children with tuberculosis had been stable due to a number of government programmes in cooperation with the WHO. On the other hand, the cases of HIV infections had been rising in the child population. In response, a strategic programme on the prevention of HIV/AIDS for 2003 to 2009 was set up. Concerning health education, special courses on basic family health had been introduced into the school system where youngsters were educated on drug addiction and HIV/AIDS, among other social issues.
Turning to education, the delegation said that from 1997, an educational reform process had been underway. Last year, under a presidential decree, a system had been introduced with the aim to improve payments for teachers. The State had also been introducing enhanced interactive methods for teaching children. Some 90 per cent of the children in Uzbekistan attended school regularly and there was a special unit within the Ministry of Education which monitored school attendance.
On the subject of child labour, the delegation said in accordance with the labour code, children could take on work at the age of 16, or at the age of 15 with parents’ consent provided the work was not hazardous to their health. There were cases where children worked on family farms to harvest crops. The Government had established close cooperation with the International Labour Organization aimed to improve the level of vocational education and to eliminate the worst forms of child labour.
Responding to a question on poverty, the delegation noted that 27 per cent of the population lived below the poverty line and that this portion of the population benefited from government grants. Many of those affected by poverty were from families with many children. It was the goal of the Government, in support of the Millennium Development Goals, to reduce this percentage to 14 per cent by 2015.
As to alternative care centres, the delegation said there were 28 foster homes housing around 700 minors in Uzbekistan. Numerous efforts had been undertaken to reintegrate children deprived of a family environment. Additionally, the Ministry of Internal Affairs had established a transit centre for social assistance for minors in conflict with the law. Responding to a follow up question, the delegation said approximately 40,000 vagrant children were taken in by the police last year. These children were not necessarily juvenile offenders. The Makhallas often worked with these children to reintegrate them into their families. The numbers of children leaving their homes had been decreasing in recent years, the delegation added.
On the issue of adoption, the delegation said the Family Code in Uzbekistan laid down the regulations for the adoption of children. At present, some 30,000 adopted children and adolescents were living in foster families. Responding to a follow up question, the delegation said the child was placed under the supervision of a “guardian” if 15 or younger, whereas a child over 15 was under the supervision of a “tutor”.
Responding to a question on migration and how that affected the livelihood of children, the delegation acknowledged there was a major migration issue due to economic reasons where men often left the country for better job opportunities, which was done in the best interests of the child.
Concerning juvenile justice, the delegation noted that in 2003, there were just under 2,400 criminal cases brought against minors. All penitentiary institutions fell under the auspices of the Ministry of Internal Affairs, although presently there was a discussion on transferring authority of these institutions to the Ministry of Justice. There were no special courts for handling juvenile affairs; however, a Government committee was currently discussing setting up a court specifically to handle these cases.
Preliminary Concluding Remarks
YANGHEE LEE, the Committee Expert serving as Rapporteur for the report of Uzbekistan, thanked the delegation for its response and expressed the hope that the Government of Uzbekistan would soon ratify the two Optional Protocols to the Convention as well as the key ILO Conventions addressing child rights.
The Rapporteur expressed gratitude on behalf of the Committee that the creation of an Office for the Ombudsman on Children was under discussion; it said it was hoped that there would soon be a coalition established for the rights of children in Uzbekistan. Ms. Lee underlined the importance of the implementation of consistent policies and legislation and for eliminating any disparities between the various Makhallas in the country.
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