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27 March 2001
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Human Rights Committee
Seventy-first Session
27 March 2001
1911th Meeting (PM)
The Human Rights Committee this afternoon concluded its consideration of the initial report of Uzbekistan on compliance with the International Covenant on Civil and Political Rights.
In his closing statement, Prafullachandra Natwarlal Bhagwati of India, Committee Chairman, said there had been a frank and free dialogue with the delegation. He noted that the purpose of the dialogue was to help the State to improve the situation. It was not in a spirit of distrust that certain questions had been asked; it was with a view to elucidation.
Uzbekistan was going through a period of transition, he said. Considering that it was in the throes of change, Uzbekistan had done fairly well with regard to human rights issues. The Committee appreciated the commendable efforts by the Government to set up democratic institutions in the 10 years since the country’s independence.
The Chairman then enumerated a number of concerns the Committee still had. Those included the independence of the judiciary; aspects of the law on the protection of State secrets; and the non-disclosure of the number of executions under the country’s death penalty.
Akmal Saidov, head of delegation and Chief of the National Center on Human Rights, Chairman of the Committee for Democratic Institutions, Non-Governmental Organizations and Citizen Self-Governance Bodies of the Parliament of Uzbekistan, responded to written and oral questions posed by the Committee and made a closing statement.
He assured the Committee that he would transmit its concerns to the Government and that supplementary answers to questions raised would be provided in writing. He said the discussion of the report had been an excellent example of cooperation between Uzbekistan and the Committee, and thanked the Committee for its spirit of goodwill.
During the meeting, Committee members sought further clarification from the delegation on, among other issues, the situation of women, minorities, non-governmental organizations and children.
The Committee will meet again tomorrow, Wednesday, 28 March, at 10 a.m., to take up the initial report of Croatia on compliance with the Covenant.
Background
The Human Rights Committee met this afternoon to continue its consideration of the initial report of Uzbekistan on its compliance with the International Covenant on Civil and Political Rights.
(For more information and summary of the report, see Press Release HR/CT/598, issued on 26 March.)
Questions and Comments by Experts
Following up on the morning session, an expert asked if the 1,333 people who had been resettled from their villages had left voluntarily and whether their villages had been destroyed.
Another expert asked if detained individuals had the right to immediately contact counsel when the police apprehended them. He also asked when a person detained by the police was brought before a judge. He still wished to have an answer to his question on whether the Government attempted to verify whether or not law enforcement officials were in possession of instruments used for torture, including electric batons.
Another expert asked if evidence extracted by unlawful means was accepted in courts of law.
Responses by Delegation
Akmal Saidov, head of delegation and Chief of the National Centre on Human Rights, Chairman of the Committee for Democratic Institutions, Non-Governmental Organizations and Citizen Self-Governance Bodies of the Parliament of Uzbekistan, said that the resettlement last August had been undertaken by the State for the protection of people living in mountain regions. Recent talks had shown that the settlers were grateful for the State’s action and were happy with their present living conditions.
Defendants were entitled to counsel from the moment of arrest, he said. Electric shock was not permitted in Uzbekistan. He had not understood the point regarding the responsibility of the State in the matter, as such instruments were banned by law. If there was any proof of torture, the official involved was held accountable to the law of the land.
He said any evidence extracted by unlawful means was inadmissible in courts of law. It was possible to obtain asylum in Uzbekistan, he noted, responding to a question posed this morning. Uzbekistan recognized international treaties on the matter.
He then provided information on the case of an Uzbek citizen who had been tried for murder. The individual in question had been involved in the falsification of documents and illegal property transactions. There had been problems between the individual and two other citizens. He had attempted to kill them with a faulty grenade and had subsequently shot and killed them. In 1999, he had been tried and sentenced under the appropriate provision of the law.
Answers to Written Questions by Committee
Mr. SAIDOV said a district judge had to be a citizen of over 25 years. He must possess higher education in law and over three years practical experience. He must also pass an entrance exam. In Karakalpakstan, the same criteria were applied, but a district court judge needed five years of experience. Additional requirements were applied to candidates for the Supreme Court and the economic court. Parliament appointed judges for the Supreme Court and the Higher Economic Court. District, city and area judges were nominated by the President on recommendation of a nomination commission. Judges are appointed for a five-year term and could be subject to disciplinary accountability through legislative college.
The powers of judges could be curtailed as a result of impeachment, a written request or a decision taken by a college of judges in case of incompetent rulings. Other reasons for curtailment were loss of citizenship or medical reasons. Specific matters relating to material and social protection of judges had been addressed.
In accordance with article 14 of the Covenant and article 26 of the Constitution, a person was not guilty unless a court had ruled otherwise. The presumption of innocence was enshrined in the Constitution. Citizens had the right to legal protection from any illegal acts from any bodies and were protected from loss of dignity, freedom and property. Article 17 of the Law on Courts provided for the right to defence. The defendant was entitled to legal counsel
24 hours after arrest.
The counsel was an independent person, impartial and working in private practice. Counsel provided legal assistance to citizens, foreign individuals and companies and organizations. Anyone asking for assistance could freely choose a lawyer. In accordance with international agreements, torture or other inhuman treatment was forbidden. There was an intergovernmental organization association for lawyers. A law on the work of counsel brought the rights of lawyers in line with those of prosecutors in the work of the court.
He said court proceedings were always open to the public, except in very specific cases covered by legislation. Any foreign citizen had the right to maintain links with the relevant consular section of his country. There had been such cases in 2000 and access to embassies had been assured.
Specific measures to obtain genuine equal status for women in public life could be seen in detail in Uzbekistan’s report on its compliance with the United Nations Convention on the Elimination of All Forms of Discrimination against Women, he noted. A number of initiatives had been undertaken to assure women’s rights. There were 70 recent legislative acts protecting the basic rights of women. Institutional structures had been set up, among them a committee in Parliament to look at the situation of women and the family. Women had been encouraged to take part in many aspects of national life.
In accordance with the national platform of action to improve the situation of women and enhance their role in society, constant monitoring was undertaken, he said. Another area of work was the development of independent women’s movements.
There were more than 100 women’s non-governmental organizations (NGOs), he said, pointing out that before independence there had been none. Equal access to education, protection of motherhood and the development of links with international women’s organizations were among the areas of concern. At the intergovernmental level, there was an information campaign being waged to raise awareness of the rights of women, he added.
Regarding a question about abuse of all kinds against women, including violence in the home and rape, he said that legislative measures had been taken and information campaigns had been launched, among other measures, to combat that violence. Non-governmental organizations were trying to develop statistics on the matter. Government was trying to help victims of violence and rape to recover.
In case of rape in the home, 542 cases had been investigated, and 405 people had been found guilty of rape, he said. In 2000, five people had been found guilty of forcing women to take part in unnatural sexual acts. Any attempt to exploit women and girls sexually was covered in the Constitution. The Criminal Code covered problems of kidnapping of women for sexual exploitation purposes.
Article 31 of the Constitution guaranteed the right of every citizen, including women, to profess any religion or no religion at all. That right was reflected in the Law on Freedom of Religious Conscience. Article 135 of the Criminal Code covered freedom of religion, the organization of religious organizations and the freedom of practice. There were two women’s religious colleges with a total 216 students. The freedom of pilgrimage was one of the rights of all Muslims, including women.
The right to entry, exit, and transit of foreign citizens was covered by the Constitution. That right could also be curtailed . Conditions of expulsion were defined by the Ministries of Internal Affairs and Foreign Affairs. Any decision was sent to the embassy of the citizen in question. There was a possibility of appeal against such decisions. Any cost involved in expulsion of permanent residents was the responsibility of the Internal Affairs.
A law had been passed that set out the status of NGOs in Uzbekistan, he said. Registration of NGOs was carried out by the relevant judicial bodies. A signed application, information on the makeup of the NGO and a bank transfer, among other things, were needed.
An application could be rejected if, among other reasons, the constitutional documents of the NGO indicated any intention to undermine the Government or affect the security of Uzbek citizens, he said. The application could also be rejected if documents were incomplete, contained falsified information or were submitted late. Refusal did not mean that the case could not be re-examined if the objection had been addressed.
In the last few years, the number of human rights NGOs had grown, he said. A campaign had been set up to defend the rights of women, and the Government was always defending the work of NGOs in the field. Last year, a seminar had been set up to improve local conditions in monitoring human rights. Since 1996, Human Rights Watch had operated in Uzbekistan, he noted.
In answer to another question, he said political parties were only banned if they wanted to overturn the constitutional order in a violent manner, if they aimed to promote warfare or fuel sexual or religious discord or if they undermined freedom or the morals of the people. Since Uzbekistan’s accession to the Covenant, no party had been banned.
Any direct or indirect limitations in elections were prohibited. Only the mentally ill, prisoners, or people who lost freedom as a result of a legislative provision were not permitted to vote. The Criminal Code provided for free elections. During the 1999 elections and the 2000 presidential elections, no infringements had been found. Elective legislation had been improved and a free Central Elective Commission had been installed.
Five parties had participated in elections, as well as independent candidates. For the 250 seats in Parliament, there were more than 1,000 candidates, and 12 million voters over the age of 18 had taken part, constituting 95 per cent of the electorate. For the parliamentary elections, there had been observers and representatives of international organizations. Not a single international organization had put the parliamentary election in question.
The presidential elections, in which two candidates took part, had been monitored by observers from over 135 bodies and 110 representatives from, among others, the United States, Russian Federation, Ukraine, Azerbaijan, Indonesia, Malaysia, Bulgaria and a number of international organizations. The international observers had noted that elections took place in accordance with standards prevailing in elective processes. Uzbekistan was looking at the possibility of parliamentary reform, including a two-house parliament.
The Government translated and published the texts of the Covenant and the report in Uzbek. The report was published in a separate pamphlet and had been circulated among several organizations and discussed in a number of seminars. There was also an information campaign on the provisions of the Covenant. The Covenant and Optional Protocol were included in curriculae of higher education institutions. Law enforcement bodies were also trying to ensure implementation of the Convention provisions.
There would be a press conference after examination of the report in the Committee, and in closing, he expressed the hope that Committee members would understand Uzbekistan’s wish for open dialogue. He asked that all information given by his delegation be taken in the spirit of understanding.
Questions and Comments by Experts
An expert said he hoped the supplementary information provided by the delegation would be translated. The information would have been more helpful if it had appeared in the initial report. He noted that in an appendix there was a useful breakdown by subject and region of complaints received by the Ombudsman.
He did not think there was a lack of trust on the part of the Committee, as the delegation had said. The Committee had simply read the report and the material provided by NGOs, and the two views differed.
He too would like to see stronger and broader jurisdiction for the Office of the Ombudsman. He asked if the annual report was available in Russian or English. The registration laws for various religious sects seemed overly difficult “hoops to jump through”. The State party might wish to consider amending those laws.
It still was not clear to him how many NGOs were registered and how many were not, and what an unregistered NGO was able to do. What was the status of the Human Rights Society of Uzbekistan? he asked. He also sought further clarification on alleged harassment of NGOs.
Apart from a few figures given in paragraph 91 in the report, the information provided on women in civil society was very slight. There was further information in the supplementary document, which was useful; however, a fuller explanation of where women stood in Uzbek civil society today was needed. It would be helpful to know in greater detail what the Government was doing about discrimination against women and what was being done to monitor the situation. He also hoped for more information on the problems arising for women from social traditions.
He then turned to minorities in Uzbekistan. What was available to, for example, the Russian minority in the way of schooling? What was the language policy in Uzbekistan? What State services were available in Russian? What was the situation with respect to participation in civil society of minorities?
Another expert endorsed the previous speaker’s questions with respect to NGOs and the situation of women. The impression she had after reading the report was that the position of the State regarding women would make the establishment of equality for women very difficult. She then noted references in the report to the situation of women who were the mothers of large families – it seemed that the State was stressing that the primary role of women was to be mothers.
Women and minors were not subject to the death penalty, which meant they were being seen as equals, she said. What was the marriageable age for women and men? she then asked. What measures were being taken to ensure the full and free consent to marriage of women? It would not surprise her, given their situation, to learn that the incidence of violence against women was very high -– she sought further information on that.
Were minors treated differently from adults in the case of detention? she asked. They should have special protection. She also sought clarification on the appeals system in place.
Another expert had a question on the independence of judges. If judges appointed for five years had to be re-appointed, how could they be independent of the Government? He also remarked that the fact that 100 NGOs were active concerning human rights for women was not a reflection on their effectiveness. He further asked why the Human Rights Society of Uzbekistan had not been registered.
Answers to Experts’ Questions
Mr. SAIDOV, answering experts’ questions, said over two years substantial changes had taken place, and those changes included implementation of various Covenant provisions. He referred, in that regard, to the written answers to questions in Russian which had not been translated and which offered a lot of the information requested. He hoped that those responses would be translated. In any State, there was a separation between theory and practice. An effort had been made in the report to be self-critical and open, and, in that regard, he asked about other information the Committee had available and to which it had referred.
The institute of the Ombudsman had been active for five years, he said. Now, there were also regional representatives of the Ombudsman. Together with international organizations, training seminars for regional representatives had been started. Reports of the Ombudsman had been submitted to the Committee’s Chairman in English, as statistics on the institute, and he did not want to repeat that information.
He saw no need to change the law on the freedom of conscience and religion. That law was a new one, and in application of the article on registration, no problems had been encountered.
There were over 2,500 NGOs at the State and the local level and 300 regional NGOs, he said. It was true that the quantity of the NGOs did not necessarily reflect their effectiveness, but the explosion in the number of NGOs was a positive factor in the development of a civil society. There was also an important increase of women NGOs, indicating more involvement of women in political life. The Government would support the development of NGOs in the future. Parliament was examining a law on social partnership, as well as a law on equality.
Unregistered NGOs could operate and carry on their activities, he said. The State was prepared to engage in dialogue and cooperation.
He said detailed information on women had been transmitted one and a half months ago to the Committee on the Elimination of Discrimination against Women, and he did not wish to repeat that. He agreed that the role of women as equal members of society must be enhanced. Women had an equal role to play in society, and traditional attitudes should not affect that. There was a system being set up, to monitor the situation of women, that involved NGOs and foreign experts.
He said the State language was Uzbek, but a respectful approach to the languages and traditions of all peoples present in Uzbekistan was guaranteed. Cultural centres had been set up for the more than 130 minorities in the country. Court proceedings were carried out in the language spoken by the majority of people in any particular region of Uzbekistan.
He noted that more than 15 per cent of the population used Russian -- a factor that was taken into account in government policy. Some 845 schools in Uzbekistan operated in Russian, and many other languages were provided for. Newspapers and journals were published in seven languages, he added. There was an effort being made to involve the majority of the population in cultural life.
Women were indeed seen as special in some way in Uzbekistan, he said. The year 1999 had been proclaimed as the year of women, and 2001 was the year of the mother and the child. A special law had been adopted in 1999 on additional facilities for women, among other special provisions. The rights of women and children were a priority.
The real role played by women and the value of their contribution must be recognized. Special programmes were being set up, which included quotas and means to ensure women could work from home, to address the high unemployment among women.
According to family law, the marriageable age for men was 18 years. For women, it was 17. In specific cases, such as pregnancy at an early age, the age for women could be decreased to 16. Marriage could only take place with the free consent of the girl. Proposals to raise the marriageable age for women to 18 years had been voted down in Parliament. A law on the rights of children and a law on youth were being elaborated, and a system of juvenile justice was being developed. There was a system of appeals for any court ruling.
Independence of judges was an important matter, and many problems in that regard had to be overcome, he said. When the Constitution was adopted, a 10-year term of office for judges had been suggested, but that had not been accepted by Parliament. Appointment of judges at the district and city level was done by the President. He felt that appointments were better than election of judges. His personal point of view was that the five-year term of office was too short for judges. Another way of ensuring independence of judges was through organizational and material measures. A special department in the Ministry of Justice was being set up, as well as a high-level committee on judges, consisting of lawyers and scholars, among others. That committee designed exams for judges. Members of the Supreme Court and the Economic Supreme Court were elected by Parliament, which ensured independence of judges at that level.
He said he had tried to be transparent and open to dialogue. He thanked the Committee for an active and lively analysis of the initial report. If Committee members had not received full answers to their questions, his country was prepared to send written replies.
Questions from Experts
An expert said perhaps the delegation had had some difficulty in following the guidelines with regard to submission of the report, and that was why so much explanation had to be given orally. There were guidelines available on submission of documents, she pointed out.
An expert asked for further clarification about the mechanism for giving information to women on family planning. She asked about procedures in place for arresting and holding children. What did the State do about unlawful treatment of children in detention?
Another expert asked a question on prospects for the future. Individuals felt differently on the subject based on their ethnic background.
An expert said there was no presumption of distrust on the part of the Committee. Rather, there was a presumption that there should be dialogue. The oral responses given had helped him to develop a more enlightened opinion on the issues in the report. He would have liked to have further explanations about terms and concepts given. The issues related to extremism were not theoretical. They were very practical. Further clarification could be presented on Uzbekistan’s implementation of the Covenant in that regard.
He would like to know how the State party understood the phenomenon of religious extremism. Did the concept cover armed banditry and drug trafficking? He asked what mechanisms had been envisaged to ensure that religious extremism did not lead to violations of women’s rights. Extremism was sometimes seen as related to certain traditions. He asked if that was why in some regions the husband and his mother decided a woman’s place of work and number of children. What was the State doing in that regard?
Another expert referred to reports of the United States State Department that said Uzbekistan was an authoritarian State with worsening human rights records. He asked what could be done when responsible NGOs gave reports of recent torture in Uzbekistan.
Answers to Additional Experts’ Questions
Mr. SAIDOV said the report had been compiled on the basis of given guidelines. Once again, he referred to written replies and additional information. Regarding self-immolation of women, he said a number of organizational and practical measures were carried out to prevent those. Many cases of violence involving women were a result of household conflicts. Investigations had been carried out as to the reasons for suicides, and such cases were highlighted in the media.
He said juvenile justice covered minors from 14 to 18 years old. The Criminal Codex included a special section covering minors in criminal legislation, ensuring, among other things, the participation of social workers and guardians.
The sociological survey mentioned in the report was an independent survey carried out by the International Fund for Electoral Systems, headquartered in Washington, D.C., which covered the human rights situation of Uzbekistan and other, more general situations. He did not think that the methods used in the survey were in question. The data presented were representative. Interpretation of the data could be very different. If 16 per cent of respondents thought that the Government had become less sensitive to human rights, it followed that 84 per cent did not think that. The fact that over 12 million people had taken part in the presidential elections, 95 per cent of possible voters, meant the people did not deny the legitimacy of the electoral process.
The problem of religious extremism was indeed a practical matter, he said. Armed conflict was one of the forms in which extremists operated. It was an extreme form of action, which was one of the aspects of religious extremism.
Regarding the reports of the United States State Department, he said dialogue with the State Department took many forms, the main form being the joint American-Uzbek Commission. In that framework, an important place was allocated to the situation of human rights. The State Department reports had changed greatly since 1992, and changes were for the better.
An expert, seeking further clarification on a question he had posed earlier, said that whereas two thirds of Uzbek people thought the situation in Uzbekistan would improve in the future, two thirds of the Russian population of Uzbekistan thought otherwise. Perhaps an answer could be given in writing.
Mr. SAIDOV (Uzbekistan) expressed his gratitude for the constructive discussion that had been held. Answers would be made in writing in the very near future to provide supplementary information.
Closing Statement by Committee Chairman
Prafullachandra Natwarlal Bhagwati of India, Committee Chairman, said there had been a frank and free dialogue with the delegation. The Government had submitted a detailed report along with a document containing replies to the written questions of the Committee. Unfortunately, he noted, the document had not been translated from the Russian. Nevertheless, the delegation had provided the Committee with detailed oral answers so that a constructive dialogue could take place. He noted that the purpose of the dialogue was to help the State to improve the situation. It was not in a spirit of distrust that certain questions had been asked; it was with a view to elucidation.
Uzbekistan was going through a period of transition, he said. Considering that it was in the throes of change, Uzbekistan had done fairly well with regard to human rights issues. The Committee appreciated the commendable efforts by the Government to set up democratic institutions in the 10 years since Uzbekistan’s independence. The Constitution was a good document enumerating numerous human rights guarantees. The Covenant had been incorporated into domestic law, and the Committee had been happy to hear of the establishment of the Ombudsman’s Office, among other things.
There were still concerns left unanswered, he said. The independence of the judiciary was one such issue. He stressed the importance of security of tenure in that regard –- the period of five years was not sufficient. He asked the Government how many judges had been re-appointed and how many had not. Another area of concern related to the law on the protection of State secrets. He had been concerned that information regarding State secrets was the property of the Government.
The non-disclosure of the number of executions under the death penalty was another area of concern, he said. That there was no prohibition on extradition to countries where there was the possibility of the death penalty or torture was also problematic. He was sure the Government of Uzbekistan would take the Committee’s concerns into account.
Concluding Statement of Uzbekistan Delegation
Mr. SAIDOV reiterated his Government’s firm commitment to the Covenant and the Optional Protocol, which Uzbekistan had unreservedly ratified. He agreed with members of the Committee on the need to have a more continuous and harmonious implementation of the Covenant’s provisions, not only on the legislative level, but also on the implementation stage.
He would transmit the Committee’s wishes relating to state secrets and statistics to his Government. The role to be played by NGOs in spreading information regarding human rights was important. Overcoming stereotypes and old ways of thinking was an important problem in which whole of civil society had to be involved. He thanked the Committee for its understanding of the transitional problems.
He said the discussion of the report had been an excellent example of cooperation between Uzbekistan and the Committee, and thanked the Committee for its spirit of goodwill.
* *** *
Seventy-first Session
27 March 2001
1911th Meeting (PM)
The Human Rights Committee this afternoon concluded its consideration of the initial report of Uzbekistan on compliance with the International Covenant on Civil and Political Rights.
In his closing statement, Prafullachandra Natwarlal Bhagwati of India, Committee Chairman, said there had been a frank and free dialogue with the delegation. He noted that the purpose of the dialogue was to help the State to improve the situation. It was not in a spirit of distrust that certain questions had been asked; it was with a view to elucidation.
Uzbekistan was going through a period of transition, he said. Considering that it was in the throes of change, Uzbekistan had done fairly well with regard to human rights issues. The Committee appreciated the commendable efforts by the Government to set up democratic institutions in the 10 years since the country’s independence.
The Chairman then enumerated a number of concerns the Committee still had. Those included the independence of the judiciary; aspects of the law on the protection of State secrets; and the non-disclosure of the number of executions under the country’s death penalty.
Akmal Saidov, head of delegation and Chief of the National Center on Human Rights, Chairman of the Committee for Democratic Institutions, Non-Governmental Organizations and Citizen Self-Governance Bodies of the Parliament of Uzbekistan, responded to written and oral questions posed by the Committee and made a closing statement.
He assured the Committee that he would transmit its concerns to the Government and that supplementary answers to questions raised would be provided in writing. He said the discussion of the report had been an excellent example of cooperation between Uzbekistan and the Committee, and thanked the Committee for its spirit of goodwill.
During the meeting, Committee members sought further clarification from the delegation on, among other issues, the situation of women, minorities, non-governmental organizations and children.
The Committee will meet again tomorrow, Wednesday, 28 March, at 10 a.m., to take up the initial report of Croatia on compliance with the Covenant.
Background
The Human Rights Committee met this afternoon to continue its consideration of the initial report of Uzbekistan on its compliance with the International Covenant on Civil and Political Rights.
(For more information and summary of the report, see Press Release HR/CT/598, issued on 26 March.)
Questions and Comments by Experts
Following up on the morning session, an expert asked if the 1,333 people who had been resettled from their villages had left voluntarily and whether their villages had been destroyed.
Another expert asked if detained individuals had the right to immediately contact counsel when the police apprehended them. He also asked when a person detained by the police was brought before a judge. He still wished to have an answer to his question on whether the Government attempted to verify whether or not law enforcement officials were in possession of instruments used for torture, including electric batons.
Another expert asked if evidence extracted by unlawful means was accepted in courts of law.
Responses by Delegation
Akmal Saidov, head of delegation and Chief of the National Centre on Human Rights, Chairman of the Committee for Democratic Institutions, Non-Governmental Organizations and Citizen Self-Governance Bodies of the Parliament of Uzbekistan, said that the resettlement last August had been undertaken by the State for the protection of people living in mountain regions. Recent talks had shown that the settlers were grateful for the State’s action and were happy with their present living conditions.
Defendants were entitled to counsel from the moment of arrest, he said. Electric shock was not permitted in Uzbekistan. He had not understood the point regarding the responsibility of the State in the matter, as such instruments were banned by law. If there was any proof of torture, the official involved was held accountable to the law of the land.
He said any evidence extracted by unlawful means was inadmissible in courts of law. It was possible to obtain asylum in Uzbekistan, he noted, responding to a question posed this morning. Uzbekistan recognized international treaties on the matter.
He then provided information on the case of an Uzbek citizen who had been tried for murder. The individual in question had been involved in the falsification of documents and illegal property transactions. There had been problems between the individual and two other citizens. He had attempted to kill them with a faulty grenade and had subsequently shot and killed them. In 1999, he had been tried and sentenced under the appropriate provision of the law.
Answers to Written Questions by Committee
Mr. SAIDOV said a district judge had to be a citizen of over 25 years. He must possess higher education in law and over three years practical experience. He must also pass an entrance exam. In Karakalpakstan, the same criteria were applied, but a district court judge needed five years of experience. Additional requirements were applied to candidates for the Supreme Court and the economic court. Parliament appointed judges for the Supreme Court and the Higher Economic Court. District, city and area judges were nominated by the President on recommendation of a nomination commission. Judges are appointed for a five-year term and could be subject to disciplinary accountability through legislative college.
The powers of judges could be curtailed as a result of impeachment, a written request or a decision taken by a college of judges in case of incompetent rulings. Other reasons for curtailment were loss of citizenship or medical reasons. Specific matters relating to material and social protection of judges had been addressed.
In accordance with article 14 of the Covenant and article 26 of the Constitution, a person was not guilty unless a court had ruled otherwise. The presumption of innocence was enshrined in the Constitution. Citizens had the right to legal protection from any illegal acts from any bodies and were protected from loss of dignity, freedom and property. Article 17 of the Law on Courts provided for the right to defence. The defendant was entitled to legal counsel
24 hours after arrest.
The counsel was an independent person, impartial and working in private practice. Counsel provided legal assistance to citizens, foreign individuals and companies and organizations. Anyone asking for assistance could freely choose a lawyer. In accordance with international agreements, torture or other inhuman treatment was forbidden. There was an intergovernmental organization association for lawyers. A law on the work of counsel brought the rights of lawyers in line with those of prosecutors in the work of the court.
He said court proceedings were always open to the public, except in very specific cases covered by legislation. Any foreign citizen had the right to maintain links with the relevant consular section of his country. There had been such cases in 2000 and access to embassies had been assured.
Specific measures to obtain genuine equal status for women in public life could be seen in detail in Uzbekistan’s report on its compliance with the United Nations Convention on the Elimination of All Forms of Discrimination against Women, he noted. A number of initiatives had been undertaken to assure women’s rights. There were 70 recent legislative acts protecting the basic rights of women. Institutional structures had been set up, among them a committee in Parliament to look at the situation of women and the family. Women had been encouraged to take part in many aspects of national life.
In accordance with the national platform of action to improve the situation of women and enhance their role in society, constant monitoring was undertaken, he said. Another area of work was the development of independent women’s movements.
There were more than 100 women’s non-governmental organizations (NGOs), he said, pointing out that before independence there had been none. Equal access to education, protection of motherhood and the development of links with international women’s organizations were among the areas of concern. At the intergovernmental level, there was an information campaign being waged to raise awareness of the rights of women, he added.
Regarding a question about abuse of all kinds against women, including violence in the home and rape, he said that legislative measures had been taken and information campaigns had been launched, among other measures, to combat that violence. Non-governmental organizations were trying to develop statistics on the matter. Government was trying to help victims of violence and rape to recover.
In case of rape in the home, 542 cases had been investigated, and 405 people had been found guilty of rape, he said. In 2000, five people had been found guilty of forcing women to take part in unnatural sexual acts. Any attempt to exploit women and girls sexually was covered in the Constitution. The Criminal Code covered problems of kidnapping of women for sexual exploitation purposes.
Article 31 of the Constitution guaranteed the right of every citizen, including women, to profess any religion or no religion at all. That right was reflected in the Law on Freedom of Religious Conscience. Article 135 of the Criminal Code covered freedom of religion, the organization of religious organizations and the freedom of practice. There were two women’s religious colleges with a total 216 students. The freedom of pilgrimage was one of the rights of all Muslims, including women.
The right to entry, exit, and transit of foreign citizens was covered by the Constitution. That right could also be curtailed . Conditions of expulsion were defined by the Ministries of Internal Affairs and Foreign Affairs. Any decision was sent to the embassy of the citizen in question. There was a possibility of appeal against such decisions. Any cost involved in expulsion of permanent residents was the responsibility of the Internal Affairs.
A law had been passed that set out the status of NGOs in Uzbekistan, he said. Registration of NGOs was carried out by the relevant judicial bodies. A signed application, information on the makeup of the NGO and a bank transfer, among other things, were needed.
An application could be rejected if, among other reasons, the constitutional documents of the NGO indicated any intention to undermine the Government or affect the security of Uzbek citizens, he said. The application could also be rejected if documents were incomplete, contained falsified information or were submitted late. Refusal did not mean that the case could not be re-examined if the objection had been addressed.
In the last few years, the number of human rights NGOs had grown, he said. A campaign had been set up to defend the rights of women, and the Government was always defending the work of NGOs in the field. Last year, a seminar had been set up to improve local conditions in monitoring human rights. Since 1996, Human Rights Watch had operated in Uzbekistan, he noted.
In answer to another question, he said political parties were only banned if they wanted to overturn the constitutional order in a violent manner, if they aimed to promote warfare or fuel sexual or religious discord or if they undermined freedom or the morals of the people. Since Uzbekistan’s accession to the Covenant, no party had been banned.
Any direct or indirect limitations in elections were prohibited. Only the mentally ill, prisoners, or people who lost freedom as a result of a legislative provision were not permitted to vote. The Criminal Code provided for free elections. During the 1999 elections and the 2000 presidential elections, no infringements had been found. Elective legislation had been improved and a free Central Elective Commission had been installed.
Five parties had participated in elections, as well as independent candidates. For the 250 seats in Parliament, there were more than 1,000 candidates, and 12 million voters over the age of 18 had taken part, constituting 95 per cent of the electorate. For the parliamentary elections, there had been observers and representatives of international organizations. Not a single international organization had put the parliamentary election in question.
The presidential elections, in which two candidates took part, had been monitored by observers from over 135 bodies and 110 representatives from, among others, the United States, Russian Federation, Ukraine, Azerbaijan, Indonesia, Malaysia, Bulgaria and a number of international organizations. The international observers had noted that elections took place in accordance with standards prevailing in elective processes. Uzbekistan was looking at the possibility of parliamentary reform, including a two-house parliament.
The Government translated and published the texts of the Covenant and the report in Uzbek. The report was published in a separate pamphlet and had been circulated among several organizations and discussed in a number of seminars. There was also an information campaign on the provisions of the Covenant. The Covenant and Optional Protocol were included in curriculae of higher education institutions. Law enforcement bodies were also trying to ensure implementation of the Convention provisions.
There would be a press conference after examination of the report in the Committee, and in closing, he expressed the hope that Committee members would understand Uzbekistan’s wish for open dialogue. He asked that all information given by his delegation be taken in the spirit of understanding.
Questions and Comments by Experts
An expert said he hoped the supplementary information provided by the delegation would be translated. The information would have been more helpful if it had appeared in the initial report. He noted that in an appendix there was a useful breakdown by subject and region of complaints received by the Ombudsman.
He did not think there was a lack of trust on the part of the Committee, as the delegation had said. The Committee had simply read the report and the material provided by NGOs, and the two views differed.
He too would like to see stronger and broader jurisdiction for the Office of the Ombudsman. He asked if the annual report was available in Russian or English. The registration laws for various religious sects seemed overly difficult “hoops to jump through”. The State party might wish to consider amending those laws.
It still was not clear to him how many NGOs were registered and how many were not, and what an unregistered NGO was able to do. What was the status of the Human Rights Society of Uzbekistan? he asked. He also sought further clarification on alleged harassment of NGOs.
Apart from a few figures given in paragraph 91 in the report, the information provided on women in civil society was very slight. There was further information in the supplementary document, which was useful; however, a fuller explanation of where women stood in Uzbek civil society today was needed. It would be helpful to know in greater detail what the Government was doing about discrimination against women and what was being done to monitor the situation. He also hoped for more information on the problems arising for women from social traditions.
He then turned to minorities in Uzbekistan. What was available to, for example, the Russian minority in the way of schooling? What was the language policy in Uzbekistan? What State services were available in Russian? What was the situation with respect to participation in civil society of minorities?
Another expert endorsed the previous speaker’s questions with respect to NGOs and the situation of women. The impression she had after reading the report was that the position of the State regarding women would make the establishment of equality for women very difficult. She then noted references in the report to the situation of women who were the mothers of large families – it seemed that the State was stressing that the primary role of women was to be mothers.
Women and minors were not subject to the death penalty, which meant they were being seen as equals, she said. What was the marriageable age for women and men? she then asked. What measures were being taken to ensure the full and free consent to marriage of women? It would not surprise her, given their situation, to learn that the incidence of violence against women was very high -– she sought further information on that.
Were minors treated differently from adults in the case of detention? she asked. They should have special protection. She also sought clarification on the appeals system in place.
Another expert had a question on the independence of judges. If judges appointed for five years had to be re-appointed, how could they be independent of the Government? He also remarked that the fact that 100 NGOs were active concerning human rights for women was not a reflection on their effectiveness. He further asked why the Human Rights Society of Uzbekistan had not been registered.
Answers to Experts’ Questions
Mr. SAIDOV, answering experts’ questions, said over two years substantial changes had taken place, and those changes included implementation of various Covenant provisions. He referred, in that regard, to the written answers to questions in Russian which had not been translated and which offered a lot of the information requested. He hoped that those responses would be translated. In any State, there was a separation between theory and practice. An effort had been made in the report to be self-critical and open, and, in that regard, he asked about other information the Committee had available and to which it had referred.
The institute of the Ombudsman had been active for five years, he said. Now, there were also regional representatives of the Ombudsman. Together with international organizations, training seminars for regional representatives had been started. Reports of the Ombudsman had been submitted to the Committee’s Chairman in English, as statistics on the institute, and he did not want to repeat that information.
He saw no need to change the law on the freedom of conscience and religion. That law was a new one, and in application of the article on registration, no problems had been encountered.
There were over 2,500 NGOs at the State and the local level and 300 regional NGOs, he said. It was true that the quantity of the NGOs did not necessarily reflect their effectiveness, but the explosion in the number of NGOs was a positive factor in the development of a civil society. There was also an important increase of women NGOs, indicating more involvement of women in political life. The Government would support the development of NGOs in the future. Parliament was examining a law on social partnership, as well as a law on equality.
Unregistered NGOs could operate and carry on their activities, he said. The State was prepared to engage in dialogue and cooperation.
He said detailed information on women had been transmitted one and a half months ago to the Committee on the Elimination of Discrimination against Women, and he did not wish to repeat that. He agreed that the role of women as equal members of society must be enhanced. Women had an equal role to play in society, and traditional attitudes should not affect that. There was a system being set up, to monitor the situation of women, that involved NGOs and foreign experts.
He said the State language was Uzbek, but a respectful approach to the languages and traditions of all peoples present in Uzbekistan was guaranteed. Cultural centres had been set up for the more than 130 minorities in the country. Court proceedings were carried out in the language spoken by the majority of people in any particular region of Uzbekistan.
He noted that more than 15 per cent of the population used Russian -- a factor that was taken into account in government policy. Some 845 schools in Uzbekistan operated in Russian, and many other languages were provided for. Newspapers and journals were published in seven languages, he added. There was an effort being made to involve the majority of the population in cultural life.
Women were indeed seen as special in some way in Uzbekistan, he said. The year 1999 had been proclaimed as the year of women, and 2001 was the year of the mother and the child. A special law had been adopted in 1999 on additional facilities for women, among other special provisions. The rights of women and children were a priority.
The real role played by women and the value of their contribution must be recognized. Special programmes were being set up, which included quotas and means to ensure women could work from home, to address the high unemployment among women.
According to family law, the marriageable age for men was 18 years. For women, it was 17. In specific cases, such as pregnancy at an early age, the age for women could be decreased to 16. Marriage could only take place with the free consent of the girl. Proposals to raise the marriageable age for women to 18 years had been voted down in Parliament. A law on the rights of children and a law on youth were being elaborated, and a system of juvenile justice was being developed. There was a system of appeals for any court ruling.
Independence of judges was an important matter, and many problems in that regard had to be overcome, he said. When the Constitution was adopted, a 10-year term of office for judges had been suggested, but that had not been accepted by Parliament. Appointment of judges at the district and city level was done by the President. He felt that appointments were better than election of judges. His personal point of view was that the five-year term of office was too short for judges. Another way of ensuring independence of judges was through organizational and material measures. A special department in the Ministry of Justice was being set up, as well as a high-level committee on judges, consisting of lawyers and scholars, among others. That committee designed exams for judges. Members of the Supreme Court and the Economic Supreme Court were elected by Parliament, which ensured independence of judges at that level.
He said he had tried to be transparent and open to dialogue. He thanked the Committee for an active and lively analysis of the initial report. If Committee members had not received full answers to their questions, his country was prepared to send written replies.
Questions from Experts
An expert said perhaps the delegation had had some difficulty in following the guidelines with regard to submission of the report, and that was why so much explanation had to be given orally. There were guidelines available on submission of documents, she pointed out.
An expert asked for further clarification about the mechanism for giving information to women on family planning. She asked about procedures in place for arresting and holding children. What did the State do about unlawful treatment of children in detention?
Another expert asked a question on prospects for the future. Individuals felt differently on the subject based on their ethnic background.
An expert said there was no presumption of distrust on the part of the Committee. Rather, there was a presumption that there should be dialogue. The oral responses given had helped him to develop a more enlightened opinion on the issues in the report. He would have liked to have further explanations about terms and concepts given. The issues related to extremism were not theoretical. They were very practical. Further clarification could be presented on Uzbekistan’s implementation of the Covenant in that regard.
He would like to know how the State party understood the phenomenon of religious extremism. Did the concept cover armed banditry and drug trafficking? He asked what mechanisms had been envisaged to ensure that religious extremism did not lead to violations of women’s rights. Extremism was sometimes seen as related to certain traditions. He asked if that was why in some regions the husband and his mother decided a woman’s place of work and number of children. What was the State doing in that regard?
Another expert referred to reports of the United States State Department that said Uzbekistan was an authoritarian State with worsening human rights records. He asked what could be done when responsible NGOs gave reports of recent torture in Uzbekistan.
Answers to Additional Experts’ Questions
Mr. SAIDOV said the report had been compiled on the basis of given guidelines. Once again, he referred to written replies and additional information. Regarding self-immolation of women, he said a number of organizational and practical measures were carried out to prevent those. Many cases of violence involving women were a result of household conflicts. Investigations had been carried out as to the reasons for suicides, and such cases were highlighted in the media.
He said juvenile justice covered minors from 14 to 18 years old. The Criminal Codex included a special section covering minors in criminal legislation, ensuring, among other things, the participation of social workers and guardians.
The sociological survey mentioned in the report was an independent survey carried out by the International Fund for Electoral Systems, headquartered in Washington, D.C., which covered the human rights situation of Uzbekistan and other, more general situations. He did not think that the methods used in the survey were in question. The data presented were representative. Interpretation of the data could be very different. If 16 per cent of respondents thought that the Government had become less sensitive to human rights, it followed that 84 per cent did not think that. The fact that over 12 million people had taken part in the presidential elections, 95 per cent of possible voters, meant the people did not deny the legitimacy of the electoral process.
The problem of religious extremism was indeed a practical matter, he said. Armed conflict was one of the forms in which extremists operated. It was an extreme form of action, which was one of the aspects of religious extremism.
Regarding the reports of the United States State Department, he said dialogue with the State Department took many forms, the main form being the joint American-Uzbek Commission. In that framework, an important place was allocated to the situation of human rights. The State Department reports had changed greatly since 1992, and changes were for the better.
An expert, seeking further clarification on a question he had posed earlier, said that whereas two thirds of Uzbek people thought the situation in Uzbekistan would improve in the future, two thirds of the Russian population of Uzbekistan thought otherwise. Perhaps an answer could be given in writing.
Mr. SAIDOV (Uzbekistan) expressed his gratitude for the constructive discussion that had been held. Answers would be made in writing in the very near future to provide supplementary information.
Closing Statement by Committee Chairman
Prafullachandra Natwarlal Bhagwati of India, Committee Chairman, said there had been a frank and free dialogue with the delegation. The Government had submitted a detailed report along with a document containing replies to the written questions of the Committee. Unfortunately, he noted, the document had not been translated from the Russian. Nevertheless, the delegation had provided the Committee with detailed oral answers so that a constructive dialogue could take place. He noted that the purpose of the dialogue was to help the State to improve the situation. It was not in a spirit of distrust that certain questions had been asked; it was with a view to elucidation.
Uzbekistan was going through a period of transition, he said. Considering that it was in the throes of change, Uzbekistan had done fairly well with regard to human rights issues. The Committee appreciated the commendable efforts by the Government to set up democratic institutions in the 10 years since Uzbekistan’s independence. The Constitution was a good document enumerating numerous human rights guarantees. The Covenant had been incorporated into domestic law, and the Committee had been happy to hear of the establishment of the Ombudsman’s Office, among other things.
There were still concerns left unanswered, he said. The independence of the judiciary was one such issue. He stressed the importance of security of tenure in that regard –- the period of five years was not sufficient. He asked the Government how many judges had been re-appointed and how many had not. Another area of concern related to the law on the protection of State secrets. He had been concerned that information regarding State secrets was the property of the Government.
The non-disclosure of the number of executions under the death penalty was another area of concern, he said. That there was no prohibition on extradition to countries where there was the possibility of the death penalty or torture was also problematic. He was sure the Government of Uzbekistan would take the Committee’s concerns into account.
Concluding Statement of Uzbekistan Delegation
Mr. SAIDOV reiterated his Government’s firm commitment to the Covenant and the Optional Protocol, which Uzbekistan had unreservedly ratified. He agreed with members of the Committee on the need to have a more continuous and harmonious implementation of the Covenant’s provisions, not only on the legislative level, but also on the implementation stage.
He would transmit the Committee’s wishes relating to state secrets and statistics to his Government. The role to be played by NGOs in spreading information regarding human rights was important. Overcoming stereotypes and old ways of thinking was an important problem in which whole of civil society had to be involved. He thanked the Committee for its understanding of the transitional problems.
He said the discussion of the report had been an excellent example of cooperation between Uzbekistan and the Committee, and thanked the Committee for its spirit of goodwill.
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