UZBEKISTAN: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

Scroll to:

______________________________________________________________________

Violence against children, particularly domestic violence

UN Committee on the Rights of the Child (Concluding Observations, June 2006)

The Committee expresses its concern at the reports of abuse and neglect with regard to children that take place in families and institutions, and at the lack of an effective reporting system. The Committee is also concerned at the lack of specific legislation on domestic violence.

The Committee recommends that the State party:

(a) Adopt specific legislation on domestic violence, and that it provide a definition of domestic violence and consider domestic violence as a criminal offence;

(b) Carry out effective public-awareness campaigns and adopt measures to provide information, parental guidance and counselling with a view, inter alia, to preventing violence against children;

(c) Carry out systematic training and awareness campaigns at the national and local level addressed to all professionals working with and for children (see paragraph 18 (b)), as well as the Mahalla Committees on prevention of ill-treatment and neglect of children within the family, in schools and in institutions;

(d) Establish an effective system for the reporting of child abuse and neglect and provide training for professionals working for and with the children on how to receive, monitor and investigate complaints in a child-sensitive manner, and how to bring the perpetrators to justice;

(e) Ensure access to counselling for all victims of violence as well as assistance for their recovery and social reintegration. (Paragraphs 42 and 43)

UN Human Rights Committee
Last reported: 21 and 22 March 2005
Concluding Observations adopted: 31 March 2005

While noting with interest information provided by the delegation that a system of compensation for women who are victims of domestic violence is already in place in parts of the State party, the Committee remains concerned about the prevalence of domestic violence in Uzbekistan (Covenant, arts. 3, 7 and 26; see also paragraph 19 of the Committee's concluding observations on the initial report).

The Committee urges the state to:

(a) Take suitable practical measures to combat this phenomenon, including through public awareness and education campaigns. (Paragraph 23)

UN Committee on Economic, Social and Cultural Rights
Last reported: 11 and 14 November 2005
Concluding Observations adopted: 25 November 2005

The Committee is concerned about the persistence of domestic violence in the State party. The Committee is also concerned about the lack of specific legislation on domestic violence.

The Committee urges the State party to:

(a) Adopt specific legislation on domestic violence, and to consider domestic violence as a criminal offence. The Committee further encourages the State party to promote information campaigns in order to increase public awareness, and to take all necessary measures to protect victims of domestic violence, including through sensitisation of law-enforcement officials and the judiciary to the rights and needs of victims, and the establishment of counselling services and temporary shelters. (Paragraphs 24 and 55)

UN Committee on the Elimination of Discrimination against Women
Last reported: 20 January 2010

The Committee is concerned about the persistence of domestic violence in the State party. The Committee is also concerned about the lack of specific legislation on domestic violence.

The Committee urges the State party to:

(a) Adopt specific legislation on domestic violence, and to consider domestic violence as a criminal offence. The Committee further encourages the State party to promote information campaigns in order to increase public awareness, and to take all necessary measures to protect victims of domestic violence, including through sensitisation of law-enforcement officials and the judiciary to the rights and needs of victims, and the establishment of counselling services and temporary shelters. (Paragraphs 24 and 55)

The Committee reiterates its deep concern at the persistence of practices and traditions, as well as patriarchal attitudes and deep-rooted stereotypes, regarding the roles, responsibilities and identities of women and men in all spheres of life. The Committee is also concerned that such customs and practices perpetuate discrimination against women and girls, that such customs and practices are reflected in the disadvantageous and unequal status of women and girls in many areas, including in education, public life, decision-making and the persistence of violence against women, and that, thus far, the State party has not taken sustained and systematic action to modify or eliminate stereotypes and negative traditional values and practices. The Committee notes with concern that such attitudes are particularly prevalent in the media, which often depicts women and men in a stereotyped manner. (Paragraph 19)

While noting some measures taken by the State party to prevent and combat violence against women, the Committee is concerned at the lack of data and information on the incidence of various forms of violence against women and girls, including domestic violence, disaggregated by age and urban and rural areas, as well as studies and/or surveys on the extent of violence and its root causes. The Committee also remains concerned about the absence of a specific law protecting women and the lack of prosecution and punishment of perpetrators of domestic violence. The Committee is further concerned that such violence would appear to be socially legitimised and accompanied by a culture of silence and impunity, with cases being referred to as "family conflicts"; that cases of violence are thus underreported; and that those that are reported are settled out of court or reconciled, including through the mahalla committees.

The Committee urges the State party to:

(a) Give priority attention to combating violence against women and girls to adopting comprehensive measures to address such violence. Such measures include the:

1. Expeditious adoption of a framework law on all forms of violence against women that also covers domestic violence and that introduces definitions in respect of all forms of domestic violence, including psychological and sexual violence;

2. Amendment of existing penal provisions, as necessary;

3. Development of a comprehensive national action plan to combat violence against women

The Committee also requests the State party to raise public awareness, through the media and educational programmes, of the fact that all forms of violence against women are forms of discrimination under the Convention and, therefore, are violations of the human rights of women. The Committee calls upon the State party to remove any impediments faced by women victims in gaining access to justice and to immediate means of redress and protection, and recommends the implementation of training for law enforcement personnel, health-service providers, forensic doctors, judges, lawyers, mahalla committees, journalists and school staff in order to ensure that they are sensitised to all forms of violence against women and can provide adequate gender-sensitive support to victims. (Paragraphs 21, 22, and 23)

______________________________________________________________________

Polygamy

UN Human Rights Committee
Last reported: 21 and 22 March 2005
Concluding Observations adopted: 31 March 2005

The Committee regrets that even though the Criminal Code prohibits polygamy, the phenomenon persists, violating women's dignity. It is also concerned about the practice of kidnapping young women to force them to marry, which resurfaced after the State party's independence (Covenant, arts. 3, 23 and 26).

The Committee urges the state party to:

(a) Ensure that the relevant provisions of its Criminal Code are fully implemented, so as to put an end to the practice of polygamy. It should combat the practice of forced marriages of kidnapped women. (Paragraph 24)

UN Committee on Economic, Social and Cultural Rights
Last reported: 11 and 14 November 2005
Concluding Observations adopted: 25 November 2005

The Committee is concerned about the revival of traditional stereotypes in relation to the role of women in society and the reappearance of phenomena such as polygamy and forced marriages. It is also concerned about persistent gender inequalities in the State party, particularly in the fields of vocational training, employment, and low representation of women in public life and managerial posts, both in the public and private sectors.

The Committee calls on the State party to:

(a) Provide, in its next periodic report, detailed information, including statistical data disaggregated by age, gender and ethnic group, on the progress made in the field of gender equality.

(b) Ensure that women and men enjoy equal access to all paid positions, and requests the State party to submit comparative statistical data on this issue in its next periodic report, in order to allow for an evaluation of progress of the measures undertaken. (Paragraphs 19, 44, and 45)

UN Committee on the Elimination of Discrimination against Women
Last reported: 20 January 2010

The Committee is also concerned that the practices of polygamy, early marriage, arranged marriage and the kidnapping of young girls to force them to marry continue, particularly in rural areas. The Committee notes the explanation provided by the delegation in respect of polygamy but reiterates its concern that the formulation of article 126 of the Criminal Code prohibiting polygamy in the form of cohabitation with two or more women on the basis of a common household is unclear and may lead to misinterpretation.

The Committee calls upon the State party to:

(a) Implement measures aimed at eliminating polygamy in all cases, as called for in the Committee's general recommendation No. 21. The Committee also urges the State party to take all necessary measures to combat the practices of early marriage, arranged marriage and forced marriage of kidnapped women. (Paragraphs 42 and 43)

______________________________________________________________________

Child labour, particularly on cotton farms

UN Committee on the Rights of the Child (Concluding Observations, June 2006)

The Committee welcomes the information that the Uzbekistan law on child labour is in compliance with international standards and the State party’s efforts to address child labour in consultation with ILO/IPEC. Nevertheless, the Committee is deeply concerned at the information about the involvement of the very many school-age children in the harvesting of cotton, which results in serious health problems such as intestinal and respiratory infections, meningitis and hepatitis.

The Committee urges the State party:

(a) To take all necessary measures to ensure that the involvement of school-age children in the cotton harvesting is in full compliance with the international child labour standards, inter alia in terms of their age, their working hours, their working conditions, their education and their health;

(b) To ensure regular inspection of the harvesting practice to monitor and guarantee full compliance with international child labour standards;

(c) To establish control mechanisms to monitor the extent of all other forms of child labour, including unregulated work; address its causes with a view to enhancing prevention; and, where children are legally employed, ensure that their work is not exploitative and is in accordance with international standards;

(d) To seek assistance from the International Programme on the Elimination of Child Labour (IPEC/ILO) and UNICEF in this regard.

The Committee encourages the State party to ratify ILO Conventions No. 138 (1973), concerning the Minimum Age for Admission to Employment, and No. 182 (1999), concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. (Paragraph 64 and 65)

UN Human Rights Committee
Last reported: 21 and 22 March 2005
Concluding Observations adopted: 31 March 2005

The Committee notes that child labour is still widespread in Uzbekistan, in particular in the commercial and agricultural sectors and the cotton industry (Covenant, art. 24).

The Committee urges the state party to:

(a) Stop the practice of sending schoolchildren to pick cotton and take effective measures to combat child labour. (Paragraph 25)

UN Committee on Economic, Social and Cultural Rights
Last reported: 11 and 14 November 2005
Concluding Observations adopted: 25 November 2005

The Committee is concerned about the persistent reports on the situation of school-age children obliged to participate in the cotton harvest every year who, for that reason, do not attend school during this period.

The Committee calls on the State party to:

(a) Take all necessary measures to ensure the protection of minors against economic and social exploitation and to enable them to fully enjoy their right to education and an adequate standard of living. The Committee strongly recommends that the State party consider ratifying ILO Convention No. 182 (1999) concerning the prohibition and immediate action for the elimination of the worst forms of child labour. (Paragraphs 20 and 50)

International Labour Organisation
CEACR: Individual Observation concerning the Worst Forms of Child Labour Convention, 1999 (No. 182). Published: 2011.

See full details here.

Universal Periodic Review (December 2008)

26. Effectively fight against the practice of forced child labour, including by considering taking specific administrative and penal actions towards those officials who, in their respective provinces, incentivise or facilitate the labour of children in cotton fields (Italy); (accepted)

31. Ensure regular inspection of harvesting practices to monitor and guarantee full compliance with international child labour standards (Netherlands). (accepted)

104. 30 Immediately cease all public support for the employment of children in cotton harvesting and that the Government publicly condemn and effectively combat all forms of child labour ( Germany); (no clear position)

106 - 8. Do its utmost to eliminate forced child labour and intensify its efforts to effectively implement the national legislation, in particular the labour code of 1996, and international conventions ratified by the Government on this subject (Switzerland); (no clear position)

NC - 20. Ensure compliance with international child labour standards, including ILO Convention 182 on the Elimination of the Worst Forms of Child Labour and collaborate with ILO to that effect and implement the relevant recommendations of the Committee on the Rights of the Child and the Human Rights Committee (Canada); (no clear position)

NC - 24. Implement the ILO Convention concerning the Minimum Age for Admission to Employment and the prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Finland); (no clear position)

NC - 25. Fully implement the national strategy to fight against child labour and to promote descent work (Brazil); (no clear position)

______________________________________________________________________

Gender-based stereotypes and inequalities affecting children

UN Committee on Economic, Social and Cultural Rights
Last reported: 11 and 14 November 2005
Concluding Observations adopted: 25 November 2005

The Committee is concerned about the revival of traditional stereotypes in relation to the role of women in society and the reappearance of phenomena such as polygamy and forced marriages. It is also concerned about persistent gender inequalities in the State party, particularly in the fields of vocational training, employment, and low representation of women in public life and managerial posts, both in the public and private sectors.

The Committee calls on the State party to:

(a) Provide, in its next periodic report, detailed information, including statistical data disaggregated by age, gender and ethnic group, on the progress made in the field of gender equality.

(b) Ensure that women and men enjoy equal access to all paid positions, and requests the State party to submit comparative statistical data on this issue in its next periodic report, in order to allow for an evaluation of progress of the measures undertaken. (Paragraphs 19, 44, and 45)

UN Committee on the Elimination of Discrimination against Women
Last reported: 20 January 2010

The Committee reiterates its deep concern at the persistence of practices and traditions, as well as patriarchal attitudes and deep-rooted stereotypes, regarding the roles, responsibilities and identities of women and men in all spheres of life. The Committee is also concerned that such customs and practices perpetuate discrimination against women and girls, that such customs and practices are reflected in the disadvantageous and unequal status of women and girls in many areas, including in education, public life, decision-making and the persistence of violence against women, and that, thus far, the State party has not taken sustained and systematic action to modify or eliminate stereotypes and negative traditional values and practices. The Committee notes with concern that such attitudes are particularly prevalent in the media, which often depicts women and men in a stereotyped manner.

The Committee urges the State party to:

(a) Put in place without delay a comprehensive strategy, including the establishment of clear goals and timetables, to modify or eliminate traditional practices and stereotypes that discriminate against women, in conformity with articles 2 (f) and 5 (a) of the Convention. Such measures should include efforts to raise awareness of this subject, targeting women and men at all levels of society, in collaboration with civil society. The Committee calls upon the State party to use innovative and effective measures to strengthen understanding of the equality of women and men and to work with the media to enhance a positive, non-stereotypical and non-discriminatory portrayal of women. It also calls upon the State party to strengthen its strategies to combat sexualisation of the public sphere, take proactive measures to ensure that media production and coverage are non- discriminatory, increase awareness of these issues among media proprietors and other relevant actors in the industry. (Paragraphs 19 and 20)

______________________________________________________________________

Trafficking of children

UN Committee on the Rights of the Child (Concluding Observations, June 2006)

The Committee reiterates its concern at the lack of data on and insufficient awareness of the phenomenon of sexual exploitation and trafficking of children in the State party. It is also concerned that victims of sexual exploitation do not have access to appropriate recovery and assistance services.

The Committee recommends that the State party:

(a) Train law-enforcement officials, social workers and prosecutors on how to receive, monitor and investigate complaints, in a child-sensitive manner;

(b) Increase the number of trained professionals providing psychological counselling and other recovery services to victims;

(c) Develop preventive measures that target those soliciting and providing sexual services, such as materials on relevant legislation on the sexual abuse and exploitation of minors as we ll as on education programmes, including programmes in schools on healthy lifestyles. (Paragraphs 67 and 68)

UN Committee on Economic, Social and Cultural Rights
Last reported: 11 and 14 November 2005
Concluding Observations adopted: 25 November 2005

The Committee is concerned that trafficking in persons is increasing in the State party, that it has now become both a country of origin and destination, as well as a transit point for trafficking in persons. The Committee notes with regret that there is no legislation in the State party that criminalises trafficking in persons. The Committee is also concerned about the lack of reliable information, including statistics, on the extent of the problem.

The Committee urges the State party to:

(a) Criminalise trafficking in persons, and to continue to take other measures to combat this phenomenon, including through sensitisation of law-enforcement officials and the judiciary to the rights and needs of victims, and the provision of medical, psychological and legal support for victims. The Committee further requests the State party to provide, in its next periodic report, statistics disaggregated by age, gender, and ethnic group, on trafficking in persons. (Paragraphs 25 and 56)

UN Committee against Torture
Last reported: 9 and 12 October 2007
Concluding Observations: 22 November 2007

The Committee remains concerned at trafficking in women for purposes of sexual exploitation.

The Committee urges the State party to:

(a) Adopt and strengthen effective measures to prevent and combat trafficking in women. (Paragraph 22)

UN Committee on the Elimination of Discrimination against Women
Last reported: 20 January 2010

While welcoming the measures included in paragraph 5 above, the Committee remains concerned at the persistence of trafficking, including cross-border trafficking, and sexual exploitation of women and girls in the country, and at the fact that the country has become both a country of origin and destination, as well as a transit point, for trafficking in persons. It is further concerned at the inadequate rehabilitation procedures available to victims of trafficking who have returned from abroad and at the failure of the State party to address the root causes of trafficking, which impedes the efforts of the State party to address the trafficking problem in a serious way. The Committee also regrets the lack of information provided on the existence and implementation of regional and bilateral memorandums of understanding and/or agreements with other countries on trafficking and the inadequate information provided on the prosecution and punishment of traffickers.

The Committee urges the State party to:

(a) Take proactive and sustained measures, including through the effective implementation of the 2008 law on combating human trafficking and the national action plan on trafficking for 2008-2010, to ensure the prevention of trafficking; the timely prosecution and punishment of traffickers, both those who are directly or indirectly involved in trafficking and those who are negligent in dealing with or preventing cases of trafficking; and the provision of protection from traffickers/agents and support to victims. The Committee also recommends that information and training on the anti-trafficking legislation be provided to the judiciary, law enforcement officials, border police, public officials and social workers in all parts of the country. The Committee further calls upon the State party to increase its international, regional and bilateral cooperation with countries of origin, transit and destination by exchanging information in order to prevent trafficking, and it requests the State party to provide information about the existence and implementation of regional and bilateral memorandums of understanding and/or agreements on trafficking in its next periodic report. The Committee also recommends that the State party conduct comparative studies on trafficking and address the root causes of trafficking in order to eliminate the vulnerability of girls and women to sexual exploitation and traffickers, and undertake efforts for the recovery and social integration of the victims. The Committee further requests the State party to take the necessary steps to ensure that trafficked women and girls have access to quality medical care, counselling, financial support, adequate housing and opportunities for further training, as well as access to free legal services. The Committee calls upon the State party to ensure systematic monitoring and periodic evaluation in this respect, including the collection and analysis of data. (Paragraphs 26 and 27)

Universal Periodic Review (December 2008)

10. Continue efforts to combat trafficking in women and children, by fully implementing the recently passed law of April 2008, on countering trafficking in persons (Malaysia) (accepted)

______________________________________________________________________

Environmental damage and its health impact on children

UN Committee on the Rights of the Child (Concluding Observations, June 2006)

The Committee shares the State party’s concern at the ecological disaster that continues to affect the Aral Sea and its environment. The Committee is deeply concerned at the negative consequences of this disaster for the health and development of children living in the Aral Sea region (Karakalpakstan) due to the lack of safe drinking water, the use of pesticides in agriculture (cotton) and the extreme poverty of their parents.

The Committee recommends that the State party take all necessary measures to provide the children in the Aral Sea region with the best possible health care and to develop income-generating projects for their parents. The Committee further recommends that the State party take all necessary measures to stop the deterioration of the Aral Sea region, improve the water management and the irrigation network in the region, and systematically try to re-establish as much as possible the Aral Sea and its wetland ecosystem. (Paragraphs 54 and 55)

UN Committee on Economic, Social and Cultural Rights
Last reported: 11 and 14 November 2005
Concluding Observations adopted: 25 November 2005

The Committee is concerned about the degree of environmental degradation in the country, which has an extremely negative impact on the health of the whole population, in particular women and children.

The Committee urges the State party to:

(a) Continue its efforts to improve its health services, including through the allocation of increased resources and measures to address the significant rural and urban disparities in health-care provision. The Committee requests the State party to include, in its second periodic report, information and comparative statistical data on how the recently adopted health laws and policies have been implemented and on the progress made, in particular in rural areas. (Paragraphs 28 and 61)

______________________________________________________________________

Education: hidden costs, high drop-out rate, absenteeism and impact of the cotton harvest

UN Committee on the Rights of the Child (Concluding Observations, June 2006)

The Committee welcomes the information that public education is free and compulsory until the completion of secondary education, and the State party’s efforts to improve the quality of education (e.g. the elaboration of the National Personnel Training Programme). However, the Committee remains concerned about the hidden costs of education; the lack of reliable information on dropout, repetition and absenteeism rates in primary and secondary schools; and the educational consequences of children working during cotton harvest season.

The Committee is also concerned at information that refugee children may have difficult access to free primary education and that they find it difficult to attend secondary school, as they are required to pay fees as foreigners.

The Committee recommends that the State party, taking into account the Committee’s general comment No. 1 on the aims of education (2001), undertake all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented. In particular, the State party should:

(a) Ensure that primary education is free and accessible to all children, taking also into account the Dakar Framework for Action (2000);

(b) Take measures to eliminate all hidden costs of school attendance;

(c) Take the necessary measures to improve the quality of education and to provide quality training for teachers;

(d) Ensure that refugee children have access to free primary education and facilitate access to secondary education;

(e) Guarantee that the cotton harvest season does not compromise children’s right to education. (Paragraphs 56 and 57)

UN Committee on the Elimination of Discrimination against Women
Last reported: 20 January 2010

The Committee notes with satisfaction the very high literacy rate in the country (99.34 per cent) and that public education is free and compulsory until the completion of secondary education. The Committee also notes the efforts of the State party to improve the quality of education, including through the elaboration of the national personnel training programme. The Committee is concerned, however, at the hidden unofficial costs of education; the lack of reliable information, disaggregated by gender, on dropout, repetition and absenteeism rates in primary and secondary school; and the educational consequences of girls and boys working during the cotton harvest season. The Committee is further concerned at the gender segregation in students' choice of field of education, including in the context of vocational training.

The Committee calls on the State party to:

(a) Further enhance its compliance with article 10 of the Convention, to ensure the equal access of girls and women to all levels of education and to take steps to overcome traditional attitudes that, in some rural areas, may constitute obstacles to the education of girls and women. The Committee recommends that the State party ensure that primary education is free and accessible to all children and that it take necessary measures to eliminate all hidden costs of school attendance. The Committee also calls on the State party to overcome expeditiously the de facto segregation in the educational system, to actively encourage the diversification of educational and professional choices for women and men and to offer incentives for young women to enter traditionally male-dominated fields of study. The Committee requests that the State party guarantee that the cotton harvest season does not compromise the rights of both girls and boys to education. The Committee also requests the State party to provide, in its next report, information on the measures taken in the field of education and on their gender impact. (Paragraphs 30 and 31)

Universal Periodic Review (December 2008)

22. Continue to dedicate resources to promote the right to education and the right of children (Philippines) (accepted)

______________________________________________________________________

Inadequate health care and education, particularly with regards to adolescent and sexual health

UN Committee on the Rights of the Child (Concluding Observations, June 2006)

The Committee takes note of the State party’s efforts towards health sector reform aimed at strengthening the preventive health services, making curative services more effective and efficient, and strengthening management at the local level. The Committee also acknowledges the high immunisation coverage throughout the country, and the initiative from the Ministry of Health to start introducing the World Health Organisation (WHO) live birth definition. However, the Committee remains concerned at discrepancies between urban and rural areas regarding infant and under-five child mortality, and at the continuing need for primary health care at community level and the implementation of effective nutrition programmes in the health sector. The Committee is also concerned at the increasing number of children infected with preventable diseases, such as Tuberculosis, Hepatitis A and Hepatitis B.

The Committee recommends that the State party:

(a) Continue its reform of the health sector and its efforts to strengthen the primary care centres and the preventive health services;

(b) Plan and implement systematic health programmes, in particular nutrition programmes covering the different regions, especially those with socio-economic development problems;

(c) Continue its efforts to fully introduce the WHO live birth registration at the national level, and to implement a basic package for newborn care;

(d) Increase the parent’s awareness on the monitoring of nutritional status of the children. (Paragraphs 48 and 49)

The Committee is concerned at the increasing number of adolescents using drugs. It is further concerned that sexually transmitted infections (STIs) and HIV/AIDS among youth are on the rise.

The Committee recommends that the State party:

(a) Undertake a study of adolescent health with a view to developing a comprehensive adolescent health policy that addresses in particular sexual health and drug abuse;

(b) Develop health promotion programmes for adolescents taking into account the Committee’s general comment No. 4 on adolescent health and development in the context of the Convention on the Rights of the Child (2003);

(c) Train teachers, social workers and others working with children on how to address drug abuse and other adolescent health issues in a manner that is child-sensitive;

(d) Provide educational services and adequate treatment and recovery services for adolescent drug users;

(e) Take urgent measures to prevent and to combat the spread of HIV/AIDS, taking into account the Committee’s general comment No. 3 on HIV/AIDS and the rights of the child (2003). (Paragraphs 50 and 51)

UN Committee on the Elimination of Discrimination against Women
Last reported: 20 January 2010

While welcoming the approval by the Cabinet of Ministers of the strategic programme against the spread of HIV/AIDS for 2007-2011, as well as the information outlined in the report and the replies to the list of issues on programmes, projects and practical measures to improve women's access to health care, the Committee is concerned that the incidence of HIV/AIDS is on the increase in the State party. The Committee is also concerned at the lack of sex-disaggregated infant mortality rates, both at the national level and for urban and rural areas, and the lack of data, disaggregated by sex and age, on the number of women and men using contraceptives.

The Committee urges the State party to:

(a) Pay increased attention to women's health throughout the life cycle, including by allocating the necessary resources for the implementation of various projects and programmes. The Committee also urges the State party to provide, in its next report, sex- disaggregated data on infant mortality rates, both at the national level and for urban and rural areas. The Committee also requests the State party to provide data, disaggregated by sex and age, on the number of persons using contraceptives, and it recommends the strengthening and expansion of efforts to increase knowledge of and access to affordable contraceptive methods throughout the country so that women and men can make informed choices about the number and spacing of children. It further recommends that sex education be widely promoted and targeted at adolescent girls and boys, with special attention to the prevention of early pregnancy and the control of sexually transmitted infections. (Paragraphs 34 and 35)

______________________________________________________________________

Early and forced marriage

UN Committee on the Rights of the Child (Concluding Observations, June 2006)

The Committee welcomes the information that the minimum age of marriage will be set at age 18 for both girls and boys as recommended in previous concluding observations.

The Committee recommends that the State party expedite the legislative reform to that effect. (Paragraphs 19 and 20)

UN Human Rights Committee
Last reported: 21 and 22 March 2005
Concluding Observations adopted: 31 March 2005

The Committee regrets that even though the Criminal Code prohibits polygamy, the phenomenon persists, violating women's dignity. It is also concerned about the practice of kidnapping young women to force them to marry, which resurfaced after the State party's independence (Covenant, arts. 3, 23 and 26).

The Committee urges the state party to:

(a) Ensure that the relevant provisions of its Criminal Code are fully implemented, so as to put an end to the practice of polygamy. It should combat the practice of forced marriages of kidnapped women. (Paragraph 24)

UN Committee on Economic, Social and Cultural Rights
Last reported: 11 and 14 November 2005
Concluding Observations adopted: 25 November 2005

The Committee is concerned about the revival of traditional stereotypes in relation to the role of women in society and the reappearance of phenomena such as polygamy and forced marriages. It is also concerned about persistent gender inequalities in the State party, particularly in the fields of vocational training, employment, and low representation of women in public life and managerial posts, both in the public and private sectors.

The Committee calls on the State party to:

(a) Provide, in its next periodic report, detailed information, including statistical data disaggregated by age, gender and ethnic group, on the progress made in the field of gender equality.

(b) Ensure that women and men enjoy equal access to all paid positions, and requests the State party to submit comparative statistical data on this issue in its next periodic report, in order to allow for an evaluation of progress of the measures undertaken. (Paragraphs 19, 44, and 45)

UN Committee on the Elimination of Discrimination against Women
Last reported: 20 January 2010

While noting the information provided by the delegation of the State party that a social survey has been conducted on the question of the marriage age and that the State party is considering introducing the same marriage age for girls and boys, the Committee remains concerned that article 15 of the Family Code currently contains different marriage ages for girls (17 years) and boys (18 years), with the possibility of a dispensation of one year for girls only (16 years). The Committee is also concerned that the practices of polygamy, early marriage, arranged marriage and the kidnapping of young girls to force them to marry continue, particularly in rural areas. The Committee notes the explanation provided by the delegation in respect of polygamy but reiterates its concern that the formulation of article 126 of the Criminal Code prohibiting polygamy in the form of cohabitation with two or more women on the basis of a common household is unclear and may lead to misinterpretation.

The Committee calls upon the State party to:

(a) Implement measures aimed at eliminating polygamy in all cases, as called for in the Committee's general recommendation No. 21. The Committee also urges the State party to take all necessary measures to combat the practices of early marriage, arranged marriage and forced marriage of kidnapped women. (Paragraphs 42 and 43)

______________________________________________________________________

Children affected by statelessness

UN Committee on the Rights of the Child (Concluding Observations, June 2006)

The Committee is concerned that the national legal framework does not provide for the protection of refugee and asylum-seeking children as well as at the situation of internally displaced and stateless persons. The Committee is further concerned at the possible consequences that the closure of the office of UNHCR in Tashkent, upon request of the Government, may have on the protection of refugee and asylum-seeking children in the country.

The Committee recommends that the State party adopt national refugee and migration legislation consistent with basic human rights standards and in particular with the Convention, and that it ensure human and financial resources for its implementation.

The Committee encourages the State party to consider ratifying the Convention on Refugee Status of 1951 and the Optional Protocol of 1967, as well as the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on Reduction of Statelessness. (Paragraphs 59 to 61)

UN Committee on the Elimination of Racial Discrimination
Last reported: 5 and 6 August 2010
Concluding Observations adopted: 20 August 2010

The Committee is concerned about the substantial number of stateless persons in the State party, the complicated procedures regulating the acquisition of Uzbek citizenship and the limited other measures taken to avoid statelessness. The Committee is concerned in particular regarding the conditioning of the acquisition of Uzbek citizenship on the renunciation of any other citizenship, which may lead to statelessness. The Committee is also concerned about the situation of children of stateless parents.

The Committee urges the State party to:

(a) Amend its national legislation and remove administrative barriers to the acquisition of Uzbek Citizenship by stateless persons including the children of stateless persons in its territory in an effort to prevent statelessness, as well as to consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. (Paragraph 11).

______________________________________________________________________

Torture and ill-treatment of children

UN Committee on the Rights of the Child (Concluding Observations, June 2006)

While noting the National Plan of Action for the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Committee is deeply concerned at the numerous reports of torture and ill-treatment of persons under the age of 18 years, and the reportedly insufficient efforts by the State party to investigate allegations of torture and prosecute the alleged perpetrators. The Committee is also concerned at the definition of torture in the State party’s Criminal Code, which seems to allow for various interpretations by the judiciary and the law enforcement authorities.

The Committee urges the State party:

(a) To amend the relevant provisions of its Criminal Code in order to ensure a consistent interpretation of the definition of torture by the judiciary and the law enforcement authorities, as recommended by the Committee against Torture and the Human Rights Committee in 2002 and 2005, respectively (CAT/C/CR/28/7 and CCPR/CO/83/UZB);

(b) To undertake systematic training programmes at the national and local level, addressed to all professionals working with and for children (see paragraph 18 (b)), and the Mahalla Committees, on prevention of and protection against torture and other forms of ill-treatment;

(c) To investigate the allegations of torture and ill-treatment of persons under 18, and take all measures to bring the alleged perpetrators to justice;

(d) To implement the National Plan of Action for the implementation of the Convention against Torture and pay particular attention to measures related to children. (Paragraphs 36 and 37)

UN Special Rapporteur on human rights on the question of torture
Report published: 3 February 2003
Country visit: 24 November to 6 December 2002

Mumin Zainabitdinov, Ilhom Zainabitdinov’s younger brother (see above), aged 15 at the time, was reportedly arrested on 24 April 1999 in Andijan when his brother’s case was being reviewed at the regional court, and brought to the main city police station. He had reportedly been pressured to steal by some men, who are believed to have been ordered to put such pressure on him. At the police station, the police officers are said to have given him electric shocks, and to have beaten him. As a result, he is said to have suffered from a burst appendix. Without notifying his father, Mumin Zainabitdniov was reportedly transferred to Andijan state clinic on 3 May 1999 and operated on. The police are said to have accused him of stealing, allegedly to put pressure on his family not to pursue the appeals in his brother’s case. The criminal procedure was said to have been closed and he was released 18 days later. On 24 June 1999, he was reportedly rearrested on the same accusation, and the investigation was prolonged for three months. During his detention in Andijan prison, he reportedly swallowed a metal cross on 13 October 1999. He was reportedly operated on again without his father’s notification. The operation is said to have coincided with his brother’s appeal. On the same day, his father had written an appeal to the head of the Centre for Human Rights of Uzbekistan. It is believed that psychological pressure was brought on his younger son on orders from the procurator’s office. The prison authorities are said to have told Mumin Zainabitdinov that he would never leave the prison. On 4 November 1999, he was reportedly sentenced to five years’ imprisonment for theft. When he raised the torture allegations in court, the judge is said to have stated, “You were not beaten enough - you should have your hands cut off.” When the sentence was published, it reportedly was dated 29 October 1999, i.e., before the court hearing took place. When it was raised with the authorities, the judgement was still pre-dated for 3 November. Mumin Zainabitdinov was reportedly detained at the children’s colony in Zangiata, and transferred to hospital colony No. 18 in Tashkent at the end of February 2000. He was reportedly released on amnesty in October 2001. (page 29)

Javlon Azimov, born in 1982, and Davron Azimov, born in 1983, were reportedly abducted from their sport college in Tashkent on 5 May 1998. They were reportedly held during 11 days in a flat where they were beaten up, tied to a radiator and had scotch applied on their eyes. As a result of the beatings he was subjected to, Davron had later to undergo an operation in the lower abdominal part (left side). Before being released on 16 May 1998, they were allegedly threatened with death if they were to tell anyone what had happened. It is believed they were abducted upon the order of a colonel from the MVD who had accused their eldest brother of theft. The eldest was reportedly accused of having stolen some money when he was working for the colonel as a private trainer for the latter’s sons. During the abduction period of Javlon and Davron Azimov, their mother is said to have been visited on several occasions at night-time by a lieutenant-colonel of the MVD who is believed to have asked her to pay a bribe of US$ 150,000 in order for her sons to be released. On 12 May, she and her lawyer are said to have filed a complaint with the SNB. It is believed that SNB officers later denied that any complaint had been filed and refused to open any investigation into the abduction and ill-treatment, despite repeated requests, including through a lawyer. The eldest son is said to have been arrested in Ulianosk city in the Russian Federation in May 2002. He was released after one month of detention because of lack of evidence. In July 2002, he was reportedly rearrested and deported to Tashkent on 19 October 2002. He is now said to be facing charges of theft and to be held in the Tashkent city prison, also commonly called Tashturma. (Page 29)

was reportedly arrested at home in Namangan on 23 March 1999 by some 20 MVD officers, some of them wearing uniforms. It is alleged that he was taken to the basement of his house where he was beaten for some 30 minutes with a view to making him confess that he had a gun. It is believed that officers had come with a gun that they claimed was his. According to the information received, when he came out from the basement, he could not speak to his relatives, who were threatened not to say a word about what had just happened. His wife was then said to have been taken to the basement where she was asked to recognise arms that are believed to have been planted there by officers. Sabir Saiibbaev was reportedly taken to the Namangan City police station. His children are said to have been able to see him there some 10 days after his arrest. Thereafter, his whereabouts were not known until his wife was informed in September by relatives of co-defendants in her husband’s case that he was being tried in Tashkent. It is reported that the trial had started in camera in Tashkent at the end of August. It is not known whether a lawyer had been appointed. According to the information received, he was sentenced to death and his property was confiscated. His wife is said to have been evicted with her children from their house. She is believed to have been able to meet with her husband in Tashturma for some 15 minutes in the presence of a prison guard at the end of September. According to the information received, several appeals were lodged with the Ombudsman, the Procurator General and the Supreme Court, to no avail. The Supreme Court is said to have confirmed the death sentence on 1 October. It is reported that his death certificate was received by his family on 26 December 1999. On 28 November 2000, the Namangan City Court reportedly ruled that his family should regain half of the property that had been confiscated. It is reported that this decision was never implemented. (page 34)

Marat Rakhmanov, a Russian national, reportedly went to visit his sister in Samarkand in August 1999. One evening a friend of his sister’s came over, who was a prostitute, and who had drank too much, and he accompanied her home. The next morning, on 17 August 1999, she and her child were reportedly found dead. Marat Rakhmanov, as well as his sister and her child, aged 15 months, were reportedly arrested and held in the Samarkand IVS. Marat Rakhmanov was said to have been molested and severely beaten for seven days. When he refused to sign a confession admitting to have committed the murder of his sister’s friend, his sister and her child were reportedly brought to him and he was told that they would be raped in front of him. According to the information received, he told the police that he would sign anything they wanted, if they let his sister go and she called him from home. He was reportedly further beaten so that he would not renounce his intention. He was said to have had a gas mask placed over his head, cigarette butts extinguished on his body and severe burns inflicted by an electric device used for boiling water. He was threatened that he would be put in a bottle. In the court hearing in March 2000, he reportedly told the judge about the treatment he had allegedly been subjected to while in custody. He was reportedly told by the judge that he was lying. A friend of his, who was present in the courtroom and who had worked with judicial medical expertise, told him to take off his shirt. The judge reportedly asked him what he was doing. He replied that he had been undressed so often, he was not ashamed. His body reportedly bore small burns caused by cigarette butts and severe larger burns, as well as uneven cuts as if caused with a bottle. A court official is said to have made an attempt to chase the friend from the room, and the judge reportedly asked, “Who had allowed the presence of a medical expert in the room?” Marat Rakhmanov is also said to have been suffering from kidney and heart problems, but no medical examination was carried out, despite his requests. The judge is said to have told Marat Rakhmanov that he wanted to avoid his responsibility, that he was a criminal. He furthermore reportedly told him that, as he is a man, he should take that suffering. On 30 March 2000, he was sentenced to death, and transferred to death row in Kattakurgan prison. On 20 April 2001, the death sentence was reportedly commuted to 20 years’ imprisonment by the Board of the Supreme Court. The prison guards reportedly did not inform Marat Rakhmanov that his death sentence had been commuted. They are said to have taken him out of prison, leading him to think that he was being taken to be shot. It was only upon arrival in the colony in Namangan, that he was told by other prisoners where he was, and he understood that his sentence had been commuted. (Page 39)

Alexandra Yurievna Shigaeva, born in 1987, was reportedly arrested with her parents and her 4-year-old brother, Alexandrovich Vjacheslev Toropovski, on 18 September 2002 in Tashkent by officers from the ROVD of Sereliysk. They are all Russian citizens. They were reportedly taken to the Sergueli district police station in Tashkent, where the parents were accused of intentional murder. Both children were allegedly beaten with a view to making their mother confess the murder. A gas mask was allegedly placed on the children. The boy is said to have been released after 24 hours. On the second day of detention, it is believed that the mother decided to sign a confession because of the beatings she was allegedly subjected to, the worrying health condition of her daughter and threats that the latter would otherwise be raped. The two children were reportedly segregated from their parents during the whole detention. Alexandra Yurievna Shigaeva was allegedly forced to sign, under the threat that her mother would otherwise be killed, a statement according to which she had witnessed her parents committing a murder. She was reportedly held for six days. Both children were reportedly taken back to the Russian Federation by their eldest brother. According to a medical report issued on 23 October 2002 by the Orenburg (Russian Federation) Children’s Trauma hospital, she was diagnosed with a serious brain concussion/trauma, bruises on the chest and a trauma in the lower abdomen, and is said to be still experiencing memory problems with respect to her period of detention. The parents were reported to be still under investigation and are believed to have denied all accusations and to have retracted their confessions as soon as their children had been released. It is reported that their lawyer had access to them for the first time on 21 October during a meeting at the Sergeli District Procurator’s office in the presence of the investigator in the case and representative of the Consulate of the Russian Federation. According to the information received, the lawyer had to appeal to the Tashkent city procurator to have access to her clients as the investigator in the case was refusing to allow such access. She is said to have requested a medical examination by an independent doctor. The lawyer is reported to have had access to the criminal file on 23 October. It is not known when the parents were transferred to Tashturma, but it is believed that they were currently detained there during the visit of the Special Rapporteur. (Page 59)

Alexander Yanovich Stopnisky, a Russian citizen, was reportedly arrested on 26 September 2002 in Tashkent on suspicion of theft. It is alleged that in order to break him psychologically, his two boys, aged 4 and 12 respectively, were summoned on two occasions to the Regional IVS of the Ministry of Internal Affairs where they were handcuffed and interrogated. The children are believed to have been threatened with the death of their father. He is said to have been made to witness these interrogation sessions, and to have been beaten on his heels, head and in the area of his kidneys in order to force him to sign a confession. It is also believed that he was tortured with a gas mask. At the time of the visit of the Special Rapporteur, he reportedly continued to be held at the Regional IVS of the Ministry of Internal Affairs despite the fact that, according to the Procurator, he was transferred on 7 October to Tashturma. He is believed to have had access to his lawyer for the first time 10 days after his arrest. According to the information received, the first confidential meeting he had with his lawyer occurred on 19 November. As he is said to have experienced heart problems, a doctor is believed to have been called on five occasions by the investigators in the case and diagnosed a heart attack. It is reported that he was given injections, but that he is not receiving any other medication. He is said to have refused to sign a confession and a document according to which he would state that he has been well treated while in custody. His relatives were reportedly asked to pay a bribe of 200,000 sums in order for him to be released on bail. From the time of arrest, it is reported that his daughter and lawyer have been writing complaints to the General Procurator, but their complaints were sent back to the criminal investigator, who was allegedly responsible for the beatings. (Pages 59 and 60)
______________________________________________________________________

 

Countries

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.