Annual Report on Human Rights 2008 - Uzbekistan

The Uzbek government instigated a number of positive legislative and institutional measures during 2008. These have been welcomed by observers and international organisations. Nevertheless, significant concerns remain. Many human rights defenders are in prison. Others suffer harassment and pressure that has forced some to leave Uzbekistan, or to cease their activities. Reports of violations of freedom of religion, expression, movement and fair trial rights persist, as do reports of torture and continued misuse of child labour

The EU decided in October to lift travel restrictions imposed on 8 individuals in response to the events in Andizhan in 2005, with a view to encouraging the Uzbek authorities to take positive steps to improve the human rights situation. The arms embargo, however, was renewed for a further year

The UN Human Rights Council's Universal Periodic Review of the human rights record of Uzbekistan took place on 11 December. The Uzbek delegation was headed by Dr Akmal Saidov, Chairman of the National Centre for Human Rights. Dr Saidov noted the developments that have taken place in 2008. These include the abolition of the death penalty, ratification of the second optional protocol to the International Covenant on Civil and Political Rights, introduction of habeas corpus (transferring the authority to issue arrest warrants from the prosecutor to the courts) and the entry into force of the constitutional law on enhancing the role of political parties in the democratisation of society. A democratisation and judicial liberalisation centre was created under the supreme court. In April, the Uzbek parliament adopted the Law on Combating Trafficking in Persons.

While recognising these positive steps, the majority of the 55 delegations that took the floor also raised concerns that covered allegations of torture, political prisoners, child labour and impunity. UN members submitted 83 recommendations. Uzbekistan accepted 31, rejected 13 and reserved their position on 39 of these. We have urged Uzbekistan to engage constructively with this process as it continues, and to provide full information on the recommendations when the review is discussed again by Council in March 2009.

In January 2007, the UN Committee against Torture welcomed certain developments in Uzbekistan. However, they expressed concern about "ongoing and consistent allegations" of torture by, or with, the consent of law enforcement personnel and the failure to investigate these allegations. They called on the Uzbek government to apply a "zero-tolerance approach" to torture and the "practice of impunity". During the recent UPR process, the Uzbek delegation said Uzbekistan had implemented the recommendations of the UN Special Rapporteur on Torture after his 2002 visit. They had established a body to consider complaints about torture and in 2009 would discuss with UN experts whether the legal definition of torture would need to be amended. The Special Rapporteur on Torture has not yet been able to secure Uzbek consent to carry out a follow-up mission, though Uzbek officials met him earlier this year in Geneva.

In December, a Tashkent provincial court sentenced four policemen to between 8 and 17 years in prison following the death in custody of Muzaffar Tuychiyev. It is reported that more than 10 policemen were sacked after the incident, including the head of Angren police department. We remain concerned at the continued high number of allegations of torture, which far outweigh the number investigated, or perpetrators tried and convicted.

Human rights defenders challenge the objectivity and scope of prison monitoring by the ombudswoman and NGOs. The International Committee of the Red Cross suspended its visits in December 2004. However, following negotiations with the Uzbek government, visits were resumed for an agreed period of six months from March to September 2008. This period is now being reviewed, and discussions on arrangements for 2009 are under way.

Several human rights activists were released from prison in 2008. In June, Mutabar Tadjibaeva was given conditional release, and on 20 November travelled to Geneva to receive the 2008 Martin Ennals Award for human rights defenders. In October, Dimurod Mukhiddinov, member of the human rights organisation Ezgulik, and of the political party Berlik, was released early and granted amnesty. Mamarajab Nazarov, an Ezgulik member from Jizzak province, sentenced to three-and-a-half years' imprisonment in July 2006 on charges of extortion, was also freed. However, in the same month, 10-year prison sentences were handed down to Salijon Abdurahmanov, an independent journalist, and Akzam Turgunov, a human rights defender. Human rights groups have expressed concerns about the fairness of Mr Abdurahmanov's trial, and Mr Turgunov alleges that while he was writing a statement in the police investigator s office in July boiling water was poured down his neck and back, causing severe burns and loss of consciousness. The appeal cases of Mr Abdurahmanov and Mr Turgunov took place in November and December, respectively, and were rejected by the Supreme Court of Karakalpakstan. We remain concerned at the overall number of human rights defenders imprisoned in Uzbekistan.

By law, most trials are public. However, international observers have faced some difficulties in gaining access. At the appeal hearing of Mr Abdurahmanov two unknown women in the public gallery protested at the presence of a foreign observer in court, whom they then attacked.

Legislation in Uzbekistan guarantees religious freedom, but the reality is different. Officially registered 'religious organisations' are subject to tight legal controls. The law bans proselytism and outlaws unregistered groups. Registration is a complex and lengthy process. Activists report harassment of certain religious groups and individuals. Dimitri Shetakov, a Pentecostal pastor from Andizhan, remains imprisoned for holding illegal services. Another church member, Bakhtior Tuychiev, left Uzbekistan after harassment. Jehovah's Witnesses report that security services have raided homes, confiscated literature and abused believers. A Jehovah's Witness, Olim Turayev, was sentenced in April to a four-year term in a corrective labour institution for teaching his religious beliefs to others and for organising illegal religious activity. Followers of Islam outside the state-sponsored version are also liable for arrest for perceived extremism.

Officially, the NGO Association now numbers almost 500. Its remit is to direct funding to activities to protect and promote civil society. In practice, most independent NGOs have closed as legal restrictions stifle independent activity. Although legally registered in Uzbekistan, Human Rights Watch currently operates without a full-time representative in the country as the government has refused to grant accreditation to the organisation's previous three candidates, and has banned the latest applicant from entering the country.

The Uzbek government states that there are around 1,000 non-state newspapers and magazines in Uzbekistan and 42 TV and radio stations, plus four news agencies and websites, all enjoying freedom of speech and expression. However, although censorship was abolished in 2002, self censorship and new laws prevent criticism of the government. Internet service providers must use the statecontrolled telecom operator, enabling the blocking of selected websites, including that of the BBC. Many journalists have reported being beaten and detained, or otherwise harassed, by police or security services. Uzbek official media campaigned against Radio Free Europe (RFE)/Radio Liberty's Uzbek service, accusing RFE journalists of anti-state activities and made available personal information about the journalists and members of their families. The 2008 Prison Census Report, published by the Committee to Protect Journalists, an independent NGO, found that Uzbekistan had the fifth largest number of imprisoned journalists worldwide, behind China, Cuba, Burma and Eritrea.

In March and April, Uzbekistan's parliament ratified the International Labour Organisation Convention on Minimum Age of Employment and the Convention on Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. In September, the Prime Minister adopted a resolution approving a National Action Plan for the implementation of these conventions. The new rules mean that minors under the age of 15 should not be engaged as employees. However, credible independent monitoring corroborates allegations of the continued mobilisation of child labour during this year's harvest.

We maintain regular contact with a wide range of NGOs, religious groups and activists. We help to facilitate contacts with British MPs and NGOs, and monitor developments on the ground. Human rights form an important part of our dialogue with Uzbekistan. We have called for a simpler registration process for religious groups and stressed our concern at the use of criminal law to penalise religious worship, journalists and human rights activists.

In March, as part of our efforts to broaden co-operation with civil society structures, we organised a seminar on the development of civil society, which provided a useful forum for the exchange of approaches and experience in this sphere.

Our Embassy is currently funding a project to establish reliable child labour monitoring systems in the remote rural cotton-growing areas of Uzbekistan. The project also aims to establish community-based task forces and to provide informal education and vocational training to those children most at risk.

This year we also helped fund a UNICEF-led project, which aims to develop the profession of social work in collaboration with the Uzbek government. This project is supported by Teesside University staff and has provided training to social care workers. It has been independently evaluated as meeting the highest international standards.

We will seek to deepen and broaden our engagement with the Uzbek authorities, not least to support effective implementation of the various measures the Uzbek government has introduced to strengthen the protection of human rights. We will continue to monitor human rights and to raise our concerns, both bilaterally and with our EU and other international partners, through a critical but constructive dialogue with the Uzbek government.