Committee on Elimination of Discrimination against Women considers report of Uzbekistan

The Committee on Elimination of Discrimination against Women has considered the fourth periodic report of Uzbekistan, on how that country implements the provisions of the Convention on the Elimination of Discrimination against Women.

Akmal Saidov, Chairman of the National Centre for Human Rights, introducing the report, said in the era of global financial and economic crisis, State policy was directed to prevention of the decreasing of the living standard of people, including women, protection from the negative impact of the financial crisis, and promotion of normal life as the base of all human rights. Progress had been achieved in education, gender equality, health services and in other areas which were directly connected with care for women's well-being. For further effective promotion of the rights of women in Uzbekistan, it was necessary to strengthen the organizational and legal mechanisms and procedures for their realization, to consolidate the efforts of State bodies and civil society institutions in that sphere, and to develop the level of legal culture of the population in the country on issues related to the protection of the rights of women.

Among questions and issues raised by the Committee Members were why had it taken so long for the draft bill on equality between men and women to be discussed by Parliament and what were the obstacles to adopting that law; whether the bill contained a definition of discrimination in line with the Convention; and whether the Draft bill envisaged the systematic adoption of a coherent and horizontal national action plan for the promotion of gender equality. Other concerns raised by Experts included whether special measures had been taken in the realm of political participation by women in elected bodies; what was being done to ensure that education did not reinforce traditional patriarchal roles; and a need for national legislation providing a comprehensive asylum framework to deal with asylum-seekers and refugees.

In concluding remarks, Mr. Saidov said that all the Committee’s questions and concerns would be the basis for the future work on the implementation of the provisions of the Convention. The mass media and civil society would be informed of the concluding observations of the Committee, and a National Plan of Action would be formulated to implement them, involving Governmental and non-governmental organizations in that work. The message of the Committee would also be conveyed to the Parliament on the need to adopt certain amendments. There would also be different information campaigns and steps taken to monitor implementation. The Beijing Platform would also be implemented, and a conference held on the occasion of the Platform’s fifteenth anniversary. A study on the economic implications of divorce for women would also be carried out.

The delegation of Uzbekistan also included representatives of the Department on Education, Health and Social Protection of the Cabinet of Ministers; the Ministry of Justice; the Women's Committee; and the Ministry of Foreign Affairs.

The next meeting of the Committee will be on Thursday, 21 January at 10 a.m., when it is scheduled to consider the sixth and seventh periodic reports of Ukraine (CEDAW/C/UKR/7).

Report of Uzbekistan

The fourth periodic report of Uzbekistan (CEDAW/C/UZB/4) notes that the Republic of Uzbekistan, after acceding in 1995 to the United Nations Convention on the Elimination of All Forms of Discrimination against Women, assumed the obligations to safeguard equal rights for women and men in the political, economic, social and cultural spheres of life of the society. Uzbekistan understands that the comprehensive development of the country, the well-being of the populace, the building of a democratic state governed by the rule of law and the formation of a civil society are impossible without women participating as actively as possible, on a par with men, in all spheres. Discrimination against women does not serve the interests of the individual, the society or the State, because it violates the principles of equal rights and respect for human dignity that are called for in the Universal Declaration of Human Rights, whose sixtieth anniversary is being celebrated in 2008 by all of progressive mankind. The Republic of Uzbekistan condemns discrimination against women, because it prevents women from participating in all spheres of life on a par with men and it makes it more difficult for women to fully exercise their rights and realize their capabilities.

In the years since the review of the second and third periodic reports on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women, dramatic changes have taken place in Uzbekistan that could not have but affected the status of women. The 1 May 2008 presidential decree, which approved the Programme of Activities dedicated to the sixtieth anniversary of the adoption of the Universal Declaration of Human Rights, calls for an array of events aimed at improving the system for protecting women’s rights, including the ratification of the Optional Protocol to the Convention on the Rights of the Child, which pertains to human trafficking, child prostitution and child pornography. In 2007 and 2008, two important events took place: for the first time in Uzbekistan’s history, a woman was a candidate for the position of President of the Republic of Uzbekistan, and for the first time ever a woman was chosen as Speaker of the lower house of Parliament—the Legislative Chamber of the Oliy Majlis.

The fourth periodic report contains detailed information on legal and organizational measures and awareness-raising events geared to addressing problems associated with safeguarding women’s rights. The report shows the level of development of socio-political and legal thinking in Uzbekistan with regard to given aspects of women’s rights, which helps international structures to understand what stage Uzbekistan is in with regard to fostering, observing and protecting women’s rights. It also attaches considerable significance to the illumination of legal and organizational mechanisms for safeguarding women’s rights in Uzbekistan. The report provides a complete description of prevailing law and discloses the goals and objectives of institutions that have been called on to put into practice statutory regulations on women’s rights, as well as provide information on the forms and areas of coordination of activities of the state agencies responsible for safeguarding women’s rights. It is that information that gives a clear picture of the national mechanisms supporting the civil, political and economic rights of women and the effectiveness of the implementation of international standards in that sphere.

Presentation of Report

AKMAL SAIDOV, Chairman of the National Centre for Human Rights, introducing the report, said from the first days of independence, Uzbekistan had defined the problem of legal, economic, and social protection of women, and the creation of all necessary conditions for their all-round development as the priority purpose of State policy. In Uzbekistan, in the era of the global financial and economic crises, State policy was directed to prevention of the lowering of the living standards of people, including women, protection from negative factors of the impact of the financial crisis, and promotion of normal life as the base of all human rights. In the country there had been achieved progress in education, gender equality, health service and other issues which were directly connected with care for women's well-being. All these measures were directed first of all to implementation of the provisions of the Convention, the Beijing Declaration and Platform for Action, as well as the Final Document of the twenty-third special session of the General Assembly on women. Uzbekistan was gradually realising measures on achievement of the Millennium Development Goals. The Government had adopted legislative, administrative, economic and other measures for the realisation of all the provisions of the Convention.

It was possible to define five priority aspects of the activity of the Government of Uzbekistan on implementation of the basic provisions of the Convention. Over the last three years, with the purpose of implementing the provisions of the Convention, to improve the legal base for protection and promotion of women's rights, motherhood and childhood in Uzbekistan, more than 10 laws had been adopted on women, including on the rights of the child, counter-action against human trafficking, guarantees of the activity of NGOs, charity, and preventive measures of Iodine Deficiency Disease. Insertions had also been made in the Family Code, the Criminal Code, and the Code on Administrative Responsibility. A Bill on Guarantees of the Equal Rights and Equal Opportunities for Women and Men provided for a special article devoted to the prevention of discrimination against women. In Uzbekistan, systematic efforts for improvement of the activities of both the State and the non-governmental system of bodies on protection of women's rights were undertaken. A monitoring system for observance of the rights of women and children had been established and was functioning successfully. Great attention was paid to development of monitoring of observance of women's rights.

Uzbekistan consistently carried out its international obligations under the basic international treaties on human rights. For this purpose, it carried out an active and constructive dialogue with the treaty bodies, and also with other United Nations charter bodies and specialised agencies. Great attention was given to timely presentation of national reports and to the realisation of the recommendations made by treaty bodies. On the basis of recommendations made by treaty bodies, six national Plans of Action had been developed and realised. The Government purposefully worked to support socially-vulnerable families, large families, and women who needed help. There was a complete system of State social support of mothers and children. Within the framework of its international obligations, Uzbekistan gave particular attention to the economic well-being of its citizens, including women, although there were certain objective difficulties and problems, namely economic, social and political problems, as well as ecological problems, threats of international terrorism and religious extremism. For further effective promotion of the rights of women in Uzbekistan, it was necessary to strengthen the organisational and legal mechanisms and procedures, consolidate the efforts of State bodies and civil society institutions in this sphere, and develop the level of legal culture of the population in the country on issues related to the protection of the rights of women.

Questions by Experts

Among questions and issues raised by Committee Experts was whether the Convention was as invisible as it appeared for the judiciary and what exactly was its status before the courts, whether its provisions could be invoked, and whether they took primacy over conflicting national legislation; why had it taken so long for the draft Bill on equality between men and women to be discussed by Parliament and why it had not yet been adopted and thus what were the obstacles to this law; did the Bill contain a definition of discrimination in line with the Convention; what obstacles were in place to the granting of residence permits to refugees; whether Uzbekistan intended to accede to the Optional Protocol to the Convention; whether there was a statutory norm stipulating that international law took precedence; what steps had been taken to eliminate discriminatory laws through the process of repealing laws, and whether any such laws had been repealed; whether any special measures had been taken in the realm of political participation by women in the elected bodies; whether any special measures had been taken to advance the employment of women in the country as a whole; what was the definition of a head of household; and whether there would be a National Action Plan for the implementation of the recommendations issuing from the consideration of the report and whether they would be discussed by Parliament.

Response by Delegation

Responding to these questions and others, Mr. Saidov said that under the Constitution, the primacy of international law was recognised over national legislation, and this was reflected over all the codes and laws in Uzbekistan. The wording was that if, in the application of the law, there was any inconsistency with the standards of international law, then these latter standards applied. Thus, with regards to the Convention on the Elimination of Discrimination against Women, if the standards were inconsistent with the Family or Civil Codes, then the principles of the Convention applied. There was an implementation mechanism for transposing all international law standards, and when any draft law was drawn up, an expert analysis was held on whether it conflicted with international obligations, including ratified treaties and Conventions. There was an obligatory and mandatory gender analysis of all draft laws. There was a monist system, in which there was direct recognition of the standards of international law. The Bill on equal opportunities had been drafted. It had not been adopted yet as there was a situation where the Parliament had an awful lot of work before it. The Lower House had adopted some 300 laws over the last 3 years, and the Senate ratified over 200 of them. This was the only recommendation which had not yet been fully put into practice. The work had been done and following the consideration of the report, it would continue. The Bill had been put to the consideration of civil society. However, they could not say when it would be adopted - a new Parliament was just coming in, and in its programme of activities would be the draft Bill.

On the coverage of the Convention of refugee women, there were not a large number of refugees in Uzbekistan. There were Afghan refugees, but the majority had returned home. All of the goals that were set by the Office of the United Nations High Commissioner for Refugees had been met. The Ombudsman was not a member of the Parliament, and had a mandatory term of only five years. The Criminal Code did provide for violence within the family. Uzbekistan appreciated constructive criticism, with names and dates, so that it could provide answers, but not unhelpful questions based on unfounded allegations from NGOs. The number of women in the judiciary amounted to approximately 21 per cent, and work was being done to increase the numbers. A certain number of legal provisions had been amended to bring them into line with international law. The delegation said that a great emphasis was placed on ensuring women's maternal health, and in forming a healthy family. A healthy mother helped to produce a healthy child, and thus work had been done to ensure a healthy generation to come.

Mr. Saidov said that with regards to the formulation of the report and the implementation of the concluding observations, on their reception the various relevant Ministries were informed of their responsibilities in this regard, then civil society organizations were informed, and then the mass media was informed. A National Plan of Action was prepared to implement the recommendations, involving civil society representatives and NGOs. The monitoring was undertaken by an inter-Agency body, headed by the Ministry of Justice. The report was prepared with the participation of the State and NGOs, and after compilation they considered it further. The report was considered by a special Commission of Parliament, after which it was sent to the Ministry of Foreign Affairs, which sent it to the Committee. The same would happen after the consideration of the fourth report. An electoral law had been adopted ensuring a 13 per cent quota for women.

Questions by Experts

In a second round of questions and comments, Experts asked, among other things, what was the composition of the Committee on Women, where were they from and who nominated them, and how did the Committee carry out its work. The primordial role of the Government could not be ignored in carrying out programmes and actions of a global and holistic manner and ensuring full implementation of gender equality in substantive areas with regards to specific groups of women. An Expert requested information on how Ministries and Parliament carried out their role in ensuring gender equality. What policies existed for full implementation of the Convention? Were there any inter-Ministerial structures coordinating gender mainstreaming in all policies and programmes? Experts asked whether the draft Bill on gender equality envisaged the systematic adoption of any coherent and horizontal national action plan for the promotion of gender equality as there appeared to be a lack of national strategy and programmatic framework for achieving the objectives of the Convention; the need to enable the Committee on Women to propose a national strategy and action plans on improving the situation of women, and to have a role to monitor laws discriminating against women and propose amendments thereon; that it was unacceptable to use traditional culture as an excuse for continuing discriminatory behaviour; issues related to domestic violence and a request for statistics; and whether there were any plans to use temporary special measures to contribute to the accelerated achievement of equality between women and men in areas where the former were in a disadvantaged position and were less represented than men.

Response by Delegation

Responding, the delegation said the Women's Committee was the biggest non-governmental organization (NGO) in Uzbekistan, set up in 1991, and was represented in all parts of the country, with the main task of activating participation of women, to enhance their legal culture, strengthen the family, protect mothers and children, and provide social protection to vulnerable families, women, children, single and elderly persons. It was also responsible for coordination at the State level and within civil society with respect to the enjoyment of women's rights. It could influence Government structures with regards to gender equality. The working bodies in the different provinces were such that it had its own electoral bodies, a Plenary of 69 persons, and a Presidium of 11 persons. There were individual units in each area of the Republic, each with an electoral body, a Plenary, and a Presidium. There were more than 6,500 women involved, representing all different enterprises and organizations, with more than 2,500 women participating. There were women in the higher educational facilities, and every school had a representative of the Women's organization. Civil society brought together a very large number of women's organizations, namely 52 bodies. The Women's Committee had held 13 Plenary meetings and other meetings of the Presidium, having considered Presidential Decrees, implementation of United Nations treaties, the Millennium Development Goals and the Beijing Plan of Action, and at every quarter considered and analysed the situation of women in terms of their social activities, and their representation in different organisations.

The basis of law was established in the Constitution, and the laws on NGOs and public institutions, and these laws included the registration of NGOs, which were corporate bodies, and thus subject to State registration ensuring transparency of their activities and protecting those working within them. The State had set up a necessary legal basis for the activities of NGOs, and their number was growing, the delegation said. In 2000, there were 3,800 of them, and there were now over 4,300, and this number was continuing to grow. There were women's NGOs that tended to address the problems of women, children and mothers, operating programmes and projects dealing with women's issues, and these were directly registered as women's NGOs. The Deputy Prime Minister was given a status whereby she could give instructions on behalf of the Government and could coordinate the work on women's issues. Under the leadership of the Prime Minister, a special Commission had been established to implement the National Programmes of Action to improve the status of women. This Commission met every three months, and took decisions on behalf of every Ministry and Governmental agency, and included in its composition international organisations that worked in Uzbekistan.

The Programme of Action to improve the situation of women included programmes to improve the health of women, in particular those in the fertile age bracket, as well as to encourage the employment of women, including in the home, and enhance the social and political activities of women. Two women Ambassadors had been appointed, and one Ministry Head was a woman. One of the major NGOs, the Council and Federation of Trade Unions, was also led by a woman, and three major funds were chaired by women. The employment activities of women had increased to 46 per cent of those employed by the national economy. The Government had confirmed a concept paper on improving the image of women, and this involved participation by women in all spheres of life, including the workforce. The country was carrying out a territorial programme for employment, generating many jobs, 40 per cent of which were accounted for by women. For women who could not leave the home, special home work was organized. The age of marriage was set at 17 for women and 18 for men, and there was some discussion within society to make this the same for all. The practice of bride kidnapping had become less topical and was used less often - marriages were voluntary, and coercing anybody into marriage was against the law, although these practices still existed at a symbolic level based on mutual consent, based on the mentality of local populations, and not supported by the young.

The delegation said a person could be brought to court for the kidnapping of young women, although it was not a specific crime. In society, attitudes were changing regarding responsibility for bringing up children and staying in the home. Traditional understandings in this regard - that women should stay home and men should support the family economically - were changing. In most families, responsibilities for ensuring prosperity were shared. There were a number of women entrepreneurs, with more than 5 million businesswomen engaged in entrepreneurial activities. One in five employers was a woman. On eliminating physical, psychological, sexual and other types of violence, work was being done in a range of areas: in all areas of the Republic, there were special structures to aid women victims of violence, and there were also crisis centres, hotlines, and psycho-social centres operating throughout the country. The Women's Committee drew up a quarterly report on the situation. Special measures and legislation had been implemented to improve the situation, and a law had been drawn up to prevent violence in the family. In all regions, there were social adaptation centres, structures aimed to give assistance to women victims of violence. Assistance had been given to some 2,000 women who had suffered from violence in these centres, and many training courses and seminars had been carried out.

Responding to brief follow-up questions on a range of issues, Mr. Saidov said the Criminal Code did provide for incidents of marital rape, which was prohibited, and was considered to be an aggravating circumstance for guilt. The text of the law on NGOs would be provided to the Committee, as it appeared to have received misleading information on this matter. Coerced marriage was forbidden by law, and there was particular monitoring of the situation and activities in place, including legislative measures aimed at protecting women from sexual solicitation. The Parliament had ratified two important international documents on trafficking in persons, including the Palermo Protocol, and the law on trafficking in persons fully complied with this international document. The law was a base for the State to understand the concept and direct the Government's and civil society's efforts to combat this scourge, including national, administrative, and legislative measures.

On the status of the Women's Committee, Uzbekistan did not impose Governmental structures on NGOs. The State was responsible itself for implementation of the Convention, but the Women's Committee coordinated activities of NGOs working in this area. Uzbekistan was proud to be a traditional society, an Islamic country, and Mr. Saidov did not agree that a traditional society meant that it undermined the rights of women. Traditional meant the way of life, and this should be structured to uphold the rights of women. Uzbekistan was also a secular state, with Islamic traditions, and thus traditional values were upheld and respected by all, being against cultural relativism, and not believing that tradition went against human rights. The media was overseen to ensure that it did not perpetrate patriarchal stereotypes of women. Families were the foundation of society - this was a Constitutional norm, but the family should not violate women's rights; men and women should be on an equal footing therein, and the State should protect these rights.

Questions by Experts

In a further series of questions and issues, Experts raised, among other things, the need to promote the election of women to high-level posts at local and regional levels; how the municipalities worked together with the local Government bodies in promoting the status of women and their participation; and issues related to the freedom of association and earlier recommendations made by the Committee and other treaty bodies for an urgent review of the laws applicable to the registration of civil society organisations to allow individuals to freely undertake activities that were beneficial to the men and women of Uzbekistan.

Response by the Delegation

Responding, Mr. Saidov said the State must determine the strategic means for promoting the rights of women, particularly the Parliament. Awareness-raising had been done, and the basic direction of the activity was directed by the Parliament. The President had confirmed the National Plan of Action to combat trafficking. He hoped the new Parliament would include in its new programme the adoption of the draft Bill on equality, and that it would be adopted by the next report. Both the State and civil society attached particular importance to this. Based on the recommendations of the Committee, the draft Bill had been refined. The Women's Committee did not report to the State or the Parliament, it was an NGO. As for distribution of posts in the new Parliament, this was currently underway. The State provided grants for the activities of NGOs. In 2008, both houses of Parliament adopted a joint concept of the support to be provided to civil society organisations. More than 20 women's NGOs last year received State grants, out of a total of 70 that received such support. There were two types of registration for NGOs - one was on the basis of an authorisation, or there could be departmental authorisation. This authorisation procedure was used to allow the activities of NGOs that had been registered with the Ministry of Justice.

The delegation said it had provided the Secretariat with an unofficial English translation of three laws, including on trafficking, on rape and on guarantees of the activities of NGOs. With regard to the number of the victims of trafficking, in 2009, there had been 4,360 cases, of which 4,016 were men and the rest women. Persons were trafficked for labour exploitation and, in 430 cases, for sexual exploitation. Uzbekistan had ratified international instruments on trafficking, including the Palermo Protocol (Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime) and the Optional Protocol to the Convention on the Rights of the Child on child pornography, child trafficking, and child prostitution. It was also party to bilateral and regional instruments in this area, such as the Minsk Convention on provision of legal assistance for criminal and civil cases, and bilateral agreements for the provision of legal assistance with nineteen other States. Seven Thai women had been involved in trafficking, of which four were victims of sexual exploitation, and three victims of labour exploitation.

The delegation said the Women's Committee was the basic body dealing with women's issues, with its own subdivisions in 14 regions, 200 districts and 400 municipalities. There was a scientific practical centre on the family, which carried out research on the family in various regions, carrying out practical studies on implementation of women's rights by State bodies and civil society. There was also a permanent standing commission at the national level under the President, which included representatives of NGOs.

Regarding women in the workforce and in policy-making positions, the delegation noted that there was a constant increase in the number of women in the judiciary, the Parliament and the Executive Branch of government. About 20 per cent of those employed in the diplomatic service were women.

Further Questions by Experts

In a further series of questions and comments, Experts noted, among other things, that, while the Educational Law guaranteed the equal right of all to education regardless of sex, origin, and residential status, there had been reports that refugee children, in particular girl children, lacked access to education. Also on education, Experts asked for gender-disaggregated figures on literacy rates; whether hidden costs for education existed and whether they discriminated against girls from low social strata; and more information on drop-out and absenteeism rates and the consequences of children working during the cotton harvest season. Experts were further concerned to know what was being done to ensure that education did not reinforce traditional patriarchal roles.

In relation to women in the labour sphere, Experts asked what proactive policies existed to promote the employment of women; for information on the number and disposition of cases of gender discrimination in employment that had come before the courts; whether municipalities determined funding for childcare (i.e. so that women could work); and whether there was any prohibition in the Labour Code against the employment of lesbians or other categories. An Expert noted that there were gaps in the Labour Code with regard to the burden of proof, the lack of a definition of direct and indirect discrimination in employment, the lack of a prohibition against sexual harassment, and the missing principle of "equal pay for equal work", and asked whether there were any plans to remedy those gaps. Also, what was being done by the wage-fixing Committee, considering that there was strong sexual segregation in employment?

On health issues, an Expert was concerned about increasing figures of HIV/AIDS infection and asked what was being done to combat that.

Response by the Delegation

In response to those questions and others, the delegation said that, with regard to education, work had been carried out to raise the levels of illiteracy in the country. There were 13.5 million women in the country, and the 99.9 per cent figure of literacy also applied to them. Forty-five per cent of the population were children and adolescents, and the country gave a high priority to education as a result, with 14 per cent of gross domestic product (GDP) spent on education. The State budget had 59 per cent of its spending allocated to social programmes and issues. There was free, compulsory education, including primary, secondary, secondary vocational and higher education. The main focus was on ensuring the continuity of education, in other words, improving the skills of teachers and on focusing on educational support outside schools. Equal opportunities were provided for boys and girls to access education. Women represented 41 per cent of attendees of institutes of higher education. There were more women in institutions teaching education.

There had been several reforms of the educational systems, the delegation noted, and when choosing the national model for education and preparing the National Programme for Educators, a comprehensive reorganization had taken place, including of secondary schools. Current efforts focused on improving the quality of the education system. There were no differences in quality in schools in rural and urban areas – all the necessary provisions were given to all children.

On school programmes aimed at eliminating stereotypes and discrimination on the basis of gender, all girls attended secondary schools and vocational colleges, the delegation said, and no such stereotypes existed in the country as far as education was concerned. There were no children who had dropped out of school – there were some who left school, when they moved from one place to another, and that was being monitored by the Committee of Parents as well as special councils who oversaw those issues.

In light of the general reform, there were no forms of distance education, the delegation affirmed. All persons attended school directly. With regard to refugees and their access to education, there were no restrictions on their access to education or health care. At this time, remaining refugees lived throughout the country, and there were no restrictions whatsoever on their movements.

The Women's Committee was doing work to improve leadership capabilities and providing training for women. The delegation added that there were no separate streams of education for boys and girls, they were taught together, and they were all taught about human rights, including gender issues. The aim was to bring up a healthy generation with a clear idea of their rights and priorities.

Women were well represented in the trade unions, the delegation said, with more than 3 million women members. There were territorial sub-units of the trade unions, more than 2,000 of them, and their leaders were often women, which did a great deal to ensure the labour rights of women.

The main priority in the country was to ensure a strong social policy, the delegation stressed, first and foremost directed to improving the level of income and welfare of the population, and in particular ensuring proper social assistance to the most vulnerable areas, such as pensioners. More specific emphasis was given to the creation of new jobs, and every year the Government affirmed the Territorial Employment Programme, which ensured that 40 per cent of planned new jobs were attributed to women. There were Governmental initiatives to ensure the protection of those working in the home.

On initiatives to help employ women, in particular rural women, the delegation noted that there was a special bank which provided microcredit, which was available to an increasing number of women working in rural areas. Surveys showed that, in 2008, 85 per cent of women expressed satisfaction with their position in the labour market. Concerning child labour, that issue was the result of politicization by certain Western States as a result of unfair economic competition. Uzbekistan was taking decisive measures to eradicate all forms of child labour, and for that purpose had ratified International Labour Organization (ILO) Conventions Nos. 138 and 182 on the minimum age for admission to employment and on the elimination of the worst forms of child labour. Following ratification, substantive changes had been made to existing legislation, including accountability for employing children. As of now, Uzbekistan had ratified the 13 basic ILO Conventions on labour rights of both men and women, and the Labour Code fully implemented and complied with international standards in the field of labour. Children could be employed, but only in accordance with ILO standards and requirements.

With regard to poverty reduction in rural areas, the Government had adopted a strategy to improve living conditions, particularly in rural areas. The strategy had been adopted in 2007 and would be operating until 2011, as a set of comprehensive programmes to improve the welfare of the rural population, the delegation said. In 2005, 28 per cent of persons in rural areas had been suffering from poor living conditions, but that figure had decreased to 22 per cent.

Uzbekistan had a single State programme to improve the health of the population, with particular reference to the rural population. There was a particular programme to improve the system of reproductive health for women and adolescents, covering planning of births and improving the qualifications of medical staff, extending international cooperation in improving knowledge and strengthening the material equipment available to maternity institutions. The continued growth of life expectancy was a direct result of all the work that had been done in health, the delegation underscored.

Further Questions by Experts

In a final round of questions, Experts raised, among other questions and issues, that information had been received that arranged marriages were common, and early marriages particularly common in rural and poor areas. In previous recommendations the Committee had recommended that the discriminatory law on the age of marriage be amended, and practical steps on putting that recommendation into place needed to be elucidated. Experts also asked whether religious marriages were registered, and if not what steps were being taken to bring them into conformity with the law as well as the spirit of the Convention. An Expert wanted information on the number of women who had successfully gone through the process of divorce, as it appeared to be a very restrictive procedure, and asked what steps were being taken to ensure equality between men and women in the process of dissolution of marital unions.

An Expert asked if the laws punished violence or discrimination against specific groups of women because they belonged to sexual minorities, as there were reports that these women faced violence, rape, force marriage and other forms of violence.

In further questions and comments, Experts noted the lack of a national legislation establishing a comprehensive asylum framework to deal with asylum-seekers and refugees; the need to expand the definition of polygamy and to regularize unregistered religious marriages, in order to provide protection to unregistered wives, including property rights.

Response by delegation

Responding to these questions and issues, the delegation said in Uzbekistan all citizens had equal rights within the family, and marriage was concluded on a voluntary basis, through registration with State institutions. Religious-based marriages had no legal force. Spouses had equal rights as concerned property rights – everything was joint property unless otherwise specified in the marriage contract. Spouses had equal rights on common property, regardless the lack of income of one of the spouses. The law protected the rights of children also in this situation. On polygamy, those issues were dealt with in the Criminal Code, and there was unfortunately a misinterpretation of the norms of the legislation. The crime of polygamy meant a situation in which a man was living with two or more women in one single household; the number of actual houses was immaterial, as long as the household of the wife was the same as that of the husband. There was no case of polygamy where a man was involved with several women but did not share a household. If a marriage had been broken up, but the man was living with his ex-wife and a new woman, that was also considered as a case of somebody living with several wives.

On early marriages, there had been a decline in marriages of young girls in the 17-to-18 age group. One of the means for discouraging early marriage was the trend of continuing compulsory education. Changes would also be made to the Family Code to make the age of marriage 18 for both men and women, and the draft law on that would be introduced very shortly to Parliament. The "mahali" institutions were not a judiciary institution, they were a community-based form of self-Government, and thus did not deal with issues of marriage and divorce. A woman could address the court directly in order to deal with the issue of divorce, and legislation was very clear on this issue.

Responding to brief follow-up questions, the delegation said the Labour Code had fully implemented the main provisions of the main ILO Conventions. Legislation did, however, need further examination.

Concluding Remarks

In concluding remarks, Mr. Saidov said Uzbekistan thanked the Committee for a very constructive and interesting dialogue. All questions and concerns would be the basis for the future work on the implementation of the provisions of the Convention. The mass media and civil society would be informed of the concluding observations of the Committee, and a National Plan of Action would be formulated to implement them, involving Governmental and non-governmental organizations in that work. The message of the Committee would be conveyed to the Parliament on the need to adopt certain amendments. There would also be different information campaigns and steps taken to monitor implementation. The Beijing Platform would also be implemented, and a conference held on the occasion of the Platform’s fifteenth anniversary. A study on the economic implications of divorce for women would also be carried out. Uzbekistan supported the work of Ms. Pillay, the High Commissioner for Human Rights, on women's rights and the Government would continue to work constructively and cooperate with the United Nations system and the treaty bodies.

Also in some concluding observations, NAELA GABR, Committee Chairperson, said that she hoped all recommendations would be implemented. The Committee appreciated the efforts of Uzbekistan, but hoped for more mandate and terms of reference to be given to the Committee on Women, as it felt that the Committee would be the main body to implement and oversee their implementation. That mechanism would be important, particularly regarding the minimum age of marriage – an issue of paramount importance. Uzbekistan was encouraged to cooperate more with civil society and NGOs, as the Government could not do everything, and civil society should be given a greater role. The issue of the stereotyped perception of women also required further review, and hopefully at Uzbekistan's next appearance before the Committee that would be further elaborated.

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For use of the information media; not an official record