UzbekistanCountry Reports on Human Rights Practices - 2001 Released by the Bureau of Democracy, Human Rights, and Labor March 4, 2002
Uzbekistan is an authoritarian state with limited civil rights. The Constitution provides for a presidential system with separation of powers between the executive, legislative, and judicial branches; however, in practice President Islam Karimov and the centralized executive branch that serves him dominate political life. First chosen president in a 1991 election that most observers considered neither free nor fair, Karimov's term was extended to 2000 by a 1995 plebiscite. Parliament subsequently voted to make the extension part of Karimov's first term, making him eligible to run for office again in 2000. He was elected to a second term in January 2000 against token opposition with 92.5 percent of the vote under conditions that were neither free nor fair. In December the Parliament voted to schedule a January 2002 plebiscite, which would, as part of a constitutional reform, extend Karimov's term in office for an additional 2 years. The Oliy Majlis (Parliament) consists almost entirely of officials appointed by the President and members of parties that support the President. Despite constitutional provisions for an independent judiciary, the executive branch heavily influences the courts in both civil and criminal cases. The Ministry of Interior (MVD) controls the police. The police and other MVD forces are responsible for most routine police functions. The National Security Service (NSS)--the former KGB--deals with a broad range of national security questions, including corruption, organized crime, and narcotics. There is effective civilian control over the military. The police and the NSS committed numerous serious human rights abuses. The country has a population of approximately 24,756,000. The Government has stated that it is committed to a gradual transition to a free market economy. However, despite some steps during the year toward currency convertibility, continuing restrictions on convertibility and other government measures to control economic activity have constrained economic growth and led international lending organizations to suspend or scale back credits. The economy is based primarily on agriculture and agricultural processing; the country is a major producer and exporter of cotton. It also is a major producer of gold and has substantial deposits of copper, strategic minerals, gas, and oil. The Government continued to make progress in reducing inflation and the budget deficit, but government statistics understate both, while overstating economic growth. There are no reliable statistics on unemployment, which is believed to be high and growing. The Government took some modest steps to reduce the formal and informal barriers that constrain the nascent private sector, including the unification of exchange rates and easier licensing processes for businesses. The Government's human rights record remained very poor, and it continued to commit numerous serious abuses. Citizens cannot exercise the right to change their government peacefully; the Government does not permit the existence of opposition parties. Security force mistreatment resulted in the deaths of several citizens in custody. Police and NSS forces tortured, beat, and harassed persons. Prison conditions were poor, and pretrial detention can be prolonged. The security forces arbitrarily arrested and detained persons, on false charges, particularly Muslims suspected of extremist sympathies, frequently planting narcotics, weapons, or banned literature on them. Human rights groups estimated that the number of persons in detention for political or religious reasons and for terrorism, primarily attendees of unofficial mosques and members of Islamist political groups, but also members of the secular opposition and human rights activists, was approximately 7,500. During the year, the Government implemented an agreement allowing the International Committee of the Red Cross (ICRC) access to convicted prisoners; however, the ICRC suspended its prison visits after it was not able to get the Government to agree to pretrial detention visits. The judiciary does not ensure due process and often defers to the wishes of the executive branch. Parliament passed several laws on judicial reform. Police and NSS forces infringed on citizens' privacy, including the use of illegal searches and wiretaps. Those responsible for documented abuses rarely are punished. The Government severely restricts freedom of speech and the press, and an atmosphere of repression stifles public criticism of the Government. Although the Constitution expressly prohibits it, censorship is practiced widely. The Government limits freedom of assembly and association. The Government continued to ban unauthorized public meetings and demonstrations and police forcibly disrupted some protests during the year. The Government continued to deny registration to opposition political parties as well as to other groups that might be critical of the Government; unregistered opposition parties and movements may not operate freely or publish their views. The Government restricted freedom of religion. The Government harassed and arrested hundreds of non-official Islamic leaders and believers, citing the threat of extremism. The Government tolerates the existence of minority religions but places limits on their religious activities. Following fighting with the Islamic Movement of Uzbekistan (IMU) in 2000, the Government forcibly resettled five villages and the villagers were not permitted to return home during the year. The resettlement of other villages reportedly continued during the year. The Government restricted local nongovernmental organizations (NGO's) working on human rights and refused to register the two main human rights organizations. Security forces abused human rights activists. The Office of the Human Rights Ombudsman reported that it assisted hundreds of citizens in redressing human rights abuses, the majority of which involve allegedly unjust court decisions and claims of abuse of power by police; however, most of the successfully resolved cases were relatively minor. Violence against women, including domestic violence, was a problem, and there continued to be significant traditional, societal discrimination against women. Workplace discrimination against some minorities persisted. There are some limits on worker rights. Some children, particularly in rural areas, are forced to work during the harvest season. Trafficking in women and girls to other countries for the purpose of prostitution was a problem. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life There were no confirmed reports of political killings; however, security forces committed a number of killings of prisoners in custody. Although there is specific information available on deaths due to mistreatment in custody, human rights observers and relatives of prisoners claim that the number of such cases throughout the country reached several dozen during the year. Law enforcement officials warned families not to talk about their relatives' deaths. Government officials acknowledge that some inmates died, but attribute the deaths to illness or suicide. According to human rights activists and other observers, many of those who died in custody were interned at a prison near Jaslik in Karakalpakstan, where conditions were thought to be extremely harsh in the past; however, conditions in Jaslik improved during the year. Nearly all the inmates of this facility, which opened in 1999, were convicted for religious extremism (see Section 2.c.). The country's regulations require that every death in custody be investigated by a medical examiner. In most cases, deaths apparently due to torture or other mistreatment are ascribed to heart failure. On February 21, police arrested Emin Usman, a prominent writer and an ethnic Uighur, on charges of possessing illegal religious literature and belonging to the banned Hizb ut-Tahrir Islamic political party. Police returned Usman's body to relatives on March 1. Authorities, who claimed that Usman had committed suicide, ordered the body buried immediately and would not allow family members to view it; however, one family member who did view the body reported that it bore clear signs of having been beaten. On July 7, Shovruk Ruzimuradov, a human rights activist and former Member of Parliament died in custody allegedly after police tortured and beat him. Prior to his death, authorities had held Ruzimuradov in a pretrial detention facility for 3-weeks. While searching his house, police claimed to have found 9 leaflets by the outlawed Islamist organization Hizb ut-Tahrir, 28 bullets, and narcotics. Relatives reported that the police had planted the contraband. Ruzimuradov was not granted access to a lawyer and his family members were not informed of his whereabouts. An official investigation of his death concluded that Ruzimaradov committed suicide; nonetheless sanctions were ordered against four officers, including the dismissal of one officer, for mishandling Ruzimuradov's detention. On October 16, in Tashkent, police arrested two brothers, Ravshon and Rasul Haitov, on suspicion of Hizb ut-Tahrir membership. On October 17, police returned the body of Ravshon Haitov to his family, which showed clear signs of torture; authorities informed the family that he had died of a heart attack. His brother Rasul was beaten so severely that he became an invalid. The authorities reported that within 24 hours four police officers (two majors, a captain, and a lieutenant) had been placed under indictment and the Tashkent city procurator had opened a criminal investigation into the matter. There were no investigations into nor action taken in the following 2000 cases of deaths in custody allegedly as a result of torture or other mistreatment: Hazratkul Kudirov and Amanullah Nosirov in December, Shukhrat Parpiev in May, and Rulam Norbaev and Nagmut Karimov in March. In 2000 in an open letter to the President, 33 Tashkent residents protested the military hazing death of Dmitriy Popov, a recruit who suffered from heart problems. Senior soldiers allegedly beat Popov in June 2000. The HRSU commented that such deaths were not uncommon in the military. Military prosecutors brought a criminal case against five soldiers who allegedly participated in the beating; in November 2000, the five were sentenced to several years each in prison. During and after the armed incursions of August and September 2000, military forces laid mines on the border with Tajikistan and Kyrgyzstan. The Ministry of Defense asserted that all minefields were marked clearly and that it had informed the Tajik and Kyrgyz Governments of their locations. However, there were at least 20 civilian deaths during the year from landmine explosions. b. Disappearance There were no reports of politically motivated
disappearances during the year. Bakhodir Khasanov, an instructor of French at the
Alliance Francaise whom security forces refused to acknowledge was in
their custody in 2000, was sentenced to a long prison term (see Section
2.c.). There were reports during the year that Imam
Abidkhon Nazarov, who widely was believed to be missing since March 1998,
actually had fled the country to avoid arrest and had not been abducted by
security forces. Although the law prohibits these practices, both
police and the NSS routinely tortured, beat, and otherwise mistreated
detainees to obtain confessions, which they then used to incriminate the
detainees. Police also used suffocation, electric shock, rape, and other
sexual abuse. Neither the severity nor frequency of torture appeared to
have decreased during the year. In December 2000, Human Rights Watch released a
report on torture in the country that detailed dozens of allegations of
torture based on interviews with victims and their families. The report
claimed that the number of allegations and the brutality of torture were
increasing. The most common torture techniques were beating, often with
blunt weapons, and asphyxiation with a gas mask. There were numerous
unverifiable reports of interrogators raping detainees with objects such
as bottles, and of threatening to rape both detainees and their family
members. On June 30, Human Rights Society of Uzbekistan
(HRSU) member Elena Urlaeva walked out of a clinic where she had been
subject to involuntary psychiatric detention and treatment (see Section
1.d.). On November 6, a final appeals court overturned the order that
Urlaeva undergo forced psychiatric treatment. On July 7, human rights activist Shovruk
Ruzimuradov died in police custody allegedly after police tortured him
(see Section 1.a.). On October 18, police killed Ravshon Haitov, and
beat his brother Rasul severely; Rasul is an invalid as a result of the
beating (see Section 1.a.). On October 23, the National Security Service
arrested poet and opposition political party member Yusup Jumaev. On
December 29, Jumaev was released; there were rumors that high-level
government officials were displeased that local officials detained him.
Jumaev credibly denied reports from other sources that he had been beaten
and tortured (see Section 1.d.). Although it is routine for police to beat
confessions out of detainees, anecdotal evidence suggests that those
suspected of Islamist political sympathies (sometimes only because of
their piety) are treated more harshly than criminals (see Section 2.c.).
There also were reports that on at least two occasions police beat members
of Jehovah's Witnesses (see Section 2.c.). Defendants in trials often claim that their
confessions on which the prosecution based its cases were extracted by
torture (see Section 1.e.). For example Imam Abdulvakhid Yuldashev,
convicted in April of organizing an underground Islamic movement stated in
court that investigators had beaten him and burned his genitals in order
to extract confessions during detention. Fifteen members of Hizb
ut-Tahrir, who were convicted of anticonstitutional activity in September
2000, alleged during their trial that they had been tortured during
pretrial detention. According to those attending the trial (international
monitors were barred from the courtroom), the defendants alleged that
guards and interrogators had used beatings and electric shocks, and had
forced them to sign blank statements. Several defendants alleged that
guards had raped them. In a March 2000 trial, 12 members of Hizb
ut-Tahrir, including Haffezullah Nosirov, alleged that authorities
tortured them to get confessions (see Section 1.e.) Police forcibly disrupted some protests by Muslim
women, in at least one case injuring some of the protesters (see Section
2.b.). Police at times arrested and beat family members of
suspects they were seeking (see Sections 1.d., 1.f., and 2.c.). Writer Mamadali Makhmudov, who reported being
tortured in 2000, remained in prison and was reported to be in poor
health. According to NGO reporting, he was transferred several times
during the year between strict penal facilities and prison hospital
facilities. Prison conditions were poor, and worse for male
than for female prisoners. Prison overcrowding was a problem. Human rights
activists reported that the incarceration of 10 to 15 persons in cells
designed for 4 is common. Tuberculosis and hepatitis are epidemic in the
prisons, making even short periods of incarceration potentially deadly.
Reportedly there are severe shortages of food and medicines, and prisoners
often rely on visits by relatives to obtain both. Pretrial detainees are
held separately from those convicted of crimes. Males and females are
housed in separate facilities. Juveniles are held separately from adults.
Brutal treatment by guards and an especially harsh
and polluted desert environment reportedly made conditions at Jaslik
prison the worst in the country; however, in 2000 human rights observers
learned from witnesses that conditions in Jaslik had improved
substantially. According to the family members of prisoners, authorities
at Jaslik also made some improvements prior to the visit of the ICRC
during the spring. According to the Committee for the Legal Assistance of
Prisoners, there are between 500 and 800 inmates at Jaslik. Although the
law allows all prisoners to have occasional family visitors, the
remoteness of Jaslik makes such visits rare and difficult. The Government also operates labor camps, where
conditions of incarceration have been reported to be less severe than in
prisons. There are six types of prison and camp facilities, including
pretrial detention facilities for adults. An amnesty signed by the President on the occasion
of the country's September 1 Independence Day promised the release of
25,000 prisoners and the reduction in sentences of an additional 25,000
prisoners. In his speech announcing the amnesty, the President admitted
that authorities regularly violated the rights of prisoners and that
sentences were too harsh. In a separate statement in August, the president
for the first time said that the amnesty would include 1,000 individuals
who had been convicted of crimes against the Constitution (almost all of
whom were jailed on suspicion of Islamic extremism). By year's end, the
Government claimed that a total of 28,000 prisoners had been released,
including 860 convicted of crimes against the Constitution. Human rights
groups independently estimated the latter figure to be approximately 800
(out of 2,600 convicted of such charges in the past 3 years) and generally
accepted the total figure of 28,000. Human rights groups estimated that
the total included also at least one third of the other 4,400 to 4,900
individuals who had been arrested since early 1999 on suspicion of Islamic
extremism but convicted of other crimes. Prisoners convicted of crimes
against the Constitution and sentenced to terms greater than 6 years were
not eligible for the amnesty. Those released were required to repent for
their alleged crimes. In January the Government signed and implemented an
agreement allowing the ICRC access to convicted prisoners; however, in May
the ICRC suspended its visits and complained that government officials
were failing to provide access to pretrial detention facilities. At year's
end, the Government and the ICRC still were negotiating on the terms of
the agreement. d. Arbitrary Arrest, Detention, or Exile Security forces continued to arrest and detain
individuals arbitrarily, without warrants or just cause. The law provides
that police may hold a person suspected of committing a crime for up to 3
days. At the end of this period, the detained person must be declared
officially a suspect, and charged with a crime, or be released. A person
officially declared a suspect may be held for an additional 3 days before
charges are filed. A prosecutor's order is required for arrests, but not
for detentions, prior to the filing of charges. In practice these legal
protections frequently are ignored. In some cases, police circumvent the
rules by claiming that the detainee is being held as a potential witness
and not as a suspect; there are no regulations concerning the length of
time witnesses may be detained. A court date must be set within 15 days of
arrest (or filing of charges) and the defendant may be detained during
this period. A defendant has a right to counsel from the moment of arrest,
but in practice access to counsel is very often denied. Once the trial
date is set, detainees deemed not to be violent may be released on their
own recognizance pending trial. No money need be posted as bond, but in
such cases the accused usually must sign a pledge not to leave the city;
however, in practice this procedure rarely is used. During the period
between arrest and trial, defendants almost always are kept in pretrial
detention, which has been known to last as long as 2 years. In ordinary criminal cases, the police generally
identify and then arrest those reasonably suspected of the crime; however,
both the police and the NSS are far less discriminating in cases involving
perceived risks to national security. There were continued reports that
authorities arrested and detained Muslims associated with
nongovernment-approved Islamic groups, who were perceived as a threat by
the Government, on charges of belonging to radical Islamic organizations
(see Section 2.c.). It is common government practice to arrest, detain,
and mistreat both immediate and extended family members of those the
Government has targeted (see Section 1.f.). For example, on March 17,
police detained Rahima Akhmadalieva while searching for her husband,
independent Imam Ruhiddin Fahruddinov. Akhmadalieva was held for 2 months
without charges, before being charged with possessing unapproved Islamist
literature. She allegedly was denied medication for a heart problem and
was denied sleep in an effort to force her to reveal her husband's
whereabouts. Her 19-year-old daughter Odina Makhsudova, who visited her
mother on March 20, also was detained briefly. Makhsudova alleged later
that police were verbally abusive to her and her mother and forced them to
remove their headscarves. She quoted police officials as saying that her
mother would be freed as soon as her father turned himself in. On
September 21, Akhmadalieva was convicted of anticonstitutional activities
and sentenced to 7 years in prison. Police routinely planted narcotics, weapons,
ammunition, or Islamic literature on citizens either to justify arrest or
to extort bribes. The most frequent victims of this practice were
suspected members of Islamist organizations such as Hizb ut-Tahrir, who
usually were ultimately sentenced to between 15 and 20 years in prison
(see Section 1.e.). For example, on June 15, Interior Ministry police
searched the home of human rights activist Shovruk Ruzimuradov and planted
bullets and Hizb ut-Tahrir leaflets in the house; he later died while in
custody (see Section 1.a.). The authorities continued to arbitrarily arrest and
detain human rights activists. For example, the authorities have attempted
to silence human rights activists who criticize government repression of
religious Muslims and others. On April 26, militia detained human rights
activist Mahbuba Kasimova for 3 hours and questioned her about her
attendance at trials of "religious persons" and her contacts with
relatives of defendants. The officers warned her to cease her human rights
monitoring activities. Human rights activist Ismail Adilov was released
from jail on July 3; he had been arrested in July 1999, after police
allegedly planted 100 Hizb ut-Tahrir leaflets among his effects to justify
the arrest. Adilov was not known to be religious. On September 5, police
detained and questioned Tulkin Karayev, the HRSU regional representative
for Kashkadarya, after he attended a protest by mothers and wives of
jailed Muslims (see section 2.b.). According to Karayev, police accused
him of organizing the protest and of having ties to Osama bin Laden.
Karayev reported other instances of police surveillance throughout the
year, as well as one visit to his home on August 31. Karayev stated that
the police officer who had visited his home apologized later. Police continued to arbitrarily arrest and detain
members of political opposition groups. For example, on October 23, the
National Security Service (SNB) detained Yusup Jumaev, a notable Uzbek
poet and Birlik activist, on charges of committing crimes against the
Constitution. Jumaev had written articles involving the beating of
prisoners, closed court hearings, and other human rights abuses earlier in
the year. Jumaev's wife and lawyer were permitted to visit him, and on
December 29, Jumaev was released in compliance with a court order. Following fighting with the IMU in 2000, the
Government forcibly resettled five villages in the Surkhandarya and
detained most of the men in those villages in an effort to find those who
may have collaborated with the IMU (see Section 2.d.). Most of the men
were released later, although 73 were tried and convicted for crimes
against the Constitution and aiding terrorists. Police arrested and detained some peaceful
protestors during the year (see Section 2.b.). On April 6, police detained Elena Urlaeva and kept
her against her will at a Tashkent psychiatric clinic to prevent her
participation in a public protest. On April 10, the Mirabad district court
ordered her to undergo a month of involuntary psychiatric treatment.
Reportedly doctors made her sign a statement saying that she was
undergoing treatment of her own free will. On October 19, an appeals court
overturned the lower court ruling that had ordered Urlaeva to undergo
involuntary psychiatric treatment. Uzbek Imam Khadji Khudjaev, who was arrested by
Russian police in August 2000 and extradited to Uzbekistan in November
2000, remained in jail at year's end. Imam Khudjaev was accused of
involvement in the February 1999 Tashkent bombings. Bakhodir Khasanov, an instructor of French at the
Alliance Francaise, whose brother was an Islamist, was detained and held
incommunicado in July 2000, and was sentenced to a long prison term. In general the Government does not hold political
detainees indefinitely, but brings them to trial eventually. Because there
is no free press or public record of arrests, it is not possible to
determine the number of political or other detainees awaiting trial.
Estimates by human rights activists usually are in the range of several
thousand; political detainees reportedly do not represent a large share of
that number. The Government and the ICRC have not yet agreed on visits to
pretrial detainees and in May the ICRC suspended all other prison visits
(see Section 1.c.). In September the Parliament passed several
amendments to the Criminal and Civil Code, the Criminal Procedure Code and
the Law on the Procuracy, in order to lessen the abuses suffered by those
arrested and to ensure that sentences are more equitable. The Parliament
also approved a law on the Procurator's Office and a law on the
enforcement of court rulings, both of which were implemented by year's
end. The Parliament established a commission composed of members of the
Parliament and prominent lawyers to review and possibly amend the bills
passed by the Parliament and publish them as law. The Parliament passed
several judicial reform measures in 2000, which were implemented during
the year, aimed at making the criminal justice system more adversarial and
to reduce the power of the procuracy, among other items; those reforms
have had some limited success, according to legal professionals. Neither the Constitution nor the law explicitly
prohibit forced exile; however, the Government does not use it. Government
harassment of members of the Birlik movement and the--Erk Party--both
political opposition groups, drove the leaders of these organizations,
including Mohammed Solikh of the Erk Party and Adburakhim Polat of the
Birlik Movement into voluntary exile in the early 1990's (see Section 3).
The chairman of the HRSU, Abdumannob Polat, also lives in voluntary exile
(see Section 4). e. Denial of Fair Public Trial The Constitution provides for an independent
judiciary; however, the judicial branch takes its direction from the
executive branch and has little independence in practice. Under the
Constitution, the President appoints all judges for 5-year terms. Power to
remove judges rests with the President; removal of Supreme Court judges
must also be confirmed by Parliament. Judges may be removed for crimes or
failure to fulfill their obligations. Courts of general jurisdiction are divided into
three tiers: district courts, regional courts, and the Supreme Court. In
addition a Constitutional Court is charged with reviewing laws, decrees,
and judicial decisions to ensure their compliance with the Constitution.
Military courts handle all civil and criminal matters that occur within
the military. There is a system of economic courts at the regional level
that handles economic cases between legal entities. Decisions of district and regional courts of
general jurisdiction may be appealed to the next level within 10 days of
ruling. The Government reduced the list of crimes punishable by death to
murder, espionage, and treason, eliminating the economic crimes that were
punishable by death in the former criminal code. Officially most court
cases are open to the public but may be closed in exceptional cases, such
as those involving state secrets, rape, or young defendants. Many trials
of alleged Islamist extremists have been closed. International trial
monitors or foreign diplomats only rarely are permitted to observe court
proceedings. State prosecutors play a decisive role in the
criminal justice system. They order arrests, direct investigations,
prepare criminal cases, and recommend sentences. If a judge's sentence
does not agree with the prosecutor's recommendation, the prosecutor has a
right to appeal the sentence to a higher court. There is no protection
against double jeopardy. Judges whose decisions have been overturned on
more than one occasion may be removed from office; consequently, judges
rarely defy the recommendations of prosecutors. As a result, defendants
almost always are found guilty. Senior officials have acknowledged the
overwhelming power of the prosecutors, and there have been some steps to
encourage greater independence by both judges and defense lawyers;
however, progress has been very limited. Reform legislation passed in
August and implemented in the fall aims to reduce the power of
prosecutors. Trials generally are by a panel of three judges:
one professional judge and two lay assessors who serve 5-year terms and
are selected by either workers' collectives' committees or neighborhood
(mahalla) committees. The judge presides and directs the proceedings;
however, in practice, judges often defer to the Government and its
prosecutors on legal and other matters. Defendants have the right to
attend the proceedings, confront witnesses, and present evidence. The
State provides legal counsel without charge, but by law the accused also
has the right to hire an attorney. In practice the right to an attorney of
choice often is violated and there are numerous examples of denial of this
right. Although at a minimum the state does seem to provide counsel at
least during the trial stage; however, there are numerous examples of
denial of this right to counsel at other stages of the legal process. The Government does not announce trial dates,
although such information is available to families and the public at
courthouses. International observers generally are allowed to attend
trials, although at times it can be difficult to persuade individual
judges to allow access. Defendants often claimed that the confessions on
which the prosecution typically based its cases were extracted by torture
(see Section 1.c.). Judges ignored these claims and invariably convicted
the accused, often handing down severe sentences--usually from 15 to 20
years' imprisonment. Lawyers may, and occasionally do, call on judges to
reject such confessions and to investigate claims of torture. In October
authorities, for the first time, opened an investigation into a case of
torture by police officers (see Section 1.a.). In September more than 70
persons were sentenced to prison for allegedly participating or abetting
armed incursions by Islamic militants. On September 19, nine alleged members of banned
Islamic political party Hizb ut. Tahrir were convicted of
anticonstitutional activities. The judge, in sentencing the nine,
specifically accused them of having ties to Osama bin Laden, a charge for
which no credible evidence had been produced. The charge mirrored
accusations made against many other alleged Islamists following the
September 11 terrorist attacks in the United States. During the trial, the
defendants claimed that the police used unlawful methods of investigation,
including physical torture and psychological pressure. Prosecutors in 1999 and 2000 brought charges
against at least 140 persons in connection with 1999 terrorist bombings in
Tashkent. All of those tried were convicted and 20 were executed. Several
individuals were tried and convicted in absentia. During 1999 and 2000,
many other individuals were convicted of terrorism. Authorities alleged
that most had ties with the Islamic Movement of Uzbekistan (IMU), a
terrorist organization. In August a criminal court tried a group of
prisoners within the confines of Tashkent's No. 1 prison. Neither family
members nor observers were allowed to attend the proceedings. There have
been no other reports of a trial being held under such conditions. In practice most defense lawyers are unskilled at
defending their clients and judges rarely give lawyers the opportunity to
defend their clients. For example, in the October trial of four members of
Hizb ut-Tahrir, defendants were convicted on the testimony of two
witnesses: one witness misidentified the defendants and the other
reportedly did not know the defendants. Only one defense witness--a
character witness--was allowed. Although all four defendants admitted
membership in Hizb ut-Tahrir, all denied having committed the specific
anticonstitutional activities of which they were accused. The court
produced no evidence of guilt, other than the witness testimony. The
prosecutor was present only for one of the five sessions where he read the
accusations; he was not present for the verdict. This is standard
prosecutorial practice. In other cases, defendants accused police of
having coerced confessions, and the confessions were permitted to stand.
The Constitution provides a right of appeal to
those convicted; however, in the past such proceedings have been
formalistic exercises that confirm the original conviction. For example,
the appeal of Imam Abdurakhim Abdurakhmanov on August 8, 2000 lasted only
20 minutes, the judge did not permit testimony, and Abdukhmanov was not
allowed to be present at the appeal. However, in November human rights
activist Elena Urlaeva won an appeal against a lower court ruling, which
had ordered her to undergo psychiatric treatment (see Sections 1.c. and
1.d.). The authorities arrested, mistreated, and tried
unfairly relatives of suspects and members of opposition groups (see
Sections 1.d., 1.f., and 2.c.). During the year, the Organization for Security and
Cooperation in Europe (OSCE) conducted training on international human
rights standards. Three hundred procurators, investigators, judges, and
lawyers from around the country participated as well as several human
rights activists. In October the Moscow based human rights group
Memorial published a credible list of over 2,600 individuals arrested and
convicted from January 1999 through August 2001 for political opposition,
suspected Islamic extremism, or suspected terrorism. Most were convicted
under Article 159--crimes against the Constitution. Human rights groups
believe that another 4,400 - 4,900 such individuals were being held after
conviction for other alleged crimes, such as narcotics possession and tax
evasion. Of the total figure of 7,000 to 7,500, a very tiny minority may
have been involved in terrorism-related activities, while only
approximately 200 were arrested for political activities; the remainder
were arrested on suspicion of Islamic extremism. At year's end, more than
2,000 were released under a general amnesty (see Section 1.c.). In many of
these cases evidence was planted; in all cases of suspected Islamic
extremism, this was a particularly prevalent practice. In September 2000, the Chairman of the Supreme
Court claimed that there were 2,000 persons in jail for crimes against the
State. At the same news conference the Minister of Justice explicitly
rejected the notion that these or any other prisoners could be classified
as "political" on the grounds that all had been tried and convicted of
crimes; however, nearly all of the convictions were based on forced
confessions, which makes it impossible to determine what percentage of
those convicted actually violated the law. In addition the alleged
"crimes" include such political acts as criticism of the Government and
holding beliefs that the Government defines as extremist. In January the Government signed and implemented an
agreement allowing the ICRC access to convicted prisoners; however, in May
the ICRC suspended its visits, complaining that government officials were
failing to provide access to pretrial detention facilities. At year's end
the Government and ICRC still were negotiating the terms of the
agreement. The Constitution provides for the inviolability of
the person and provides that persons may be taken into custody only on
lawful grounds. Article 27 also prohibits unlawful searches; however,
authorities infringed on these rights. The law requires the issuance of a
search warrant by the Procurator for Electronic Surveillance; however,
there is no provision for a judicial review of such warrants. Security
agencies routinely monitor telephone calls and employ surveillance and
wiretaps in the cases of persons involved in opposition political
activities (see Sections 1.d. and 4). For example, family members of
missing Andijon Imam Abdu Kori Mirzaev reported that they were harassed
and kept under constant surveillance during the year (see Section 1.b.).
Mirzaev's son, who lives in a remote location, had his telephone line cut
during the year. The Law on Freedom of Conscience and Religious
Organizations and other legislation prohibits the private teaching of
religion and forbids the wearing of religious clothes. Students who in
1997 and 1998 were expelled from schools for wearing religious dress were
not allowed to reenroll during the year (see Section 2.c.). Police arrested, detained, and beat family members
of suspects whom they were seeking (see Sections 1.c, 1.d., and 2.c.).
Authorities also frequently forced relatives of alleged religious
extremists to undergo public humiliation at neighborhood assemblies
organized for that purpose. For example, after his June 2000 conviction,
Abduvahid Yuldashev's wife claimed that when she turned to her mahalla
committee for help after her husband was arrested, she was subjected to a
mock trial and subsequently ostracized. In August 2000, the mother of IMU leader Juma
Namangani was summoned to a school auditorium where an assembly of
neighbors confronted her. Relatives of soldiers killed in the insurgency
insulted her and smeared her face with black paint. Local leaders shamed
her for bringing Namangani into the world until she tearfully apologized
and cursed her son. The Government interferes with correspondence. For
example, Nosir Zakhir reported that on July 4, he received at his Namangan
home an invitation from a foreign embassy to attend an event. The
invitation, which had been mailed on May 28, was delivered opened. Zakhir,
who is a Radio Liberty reporter and a member of both the Birlik opposition
party and the Human Rights Society of Uzbekistan (HRSU), reported that
this sort of interference is common. Customs officials opened and
confiscated some mail based on its content during the year (see Section
2.a.). Mytabar Atababaevoi, an HRSU member and a lawyer
who had advocated on behalf of jailed activist and former Parliamentarian
Meli Kobilov, reports that the prosecutor forced her to move nine times in
a 10 month period. The local procurator's office also forbade her homeless
daughter and two grandchildren to live with her, apparently on fabricated
legal technicalities. Following fighting with the IMU in 2000, the
Government forcibly resettled five villages in the Surkhandarya region
(see Section 2.d.). Section 2 Respect for Civil Liberties,
Including: a. Freedom of Speech and Press The Constitution provides for freedom of thought,
speech, and convictions; however, the Government continued to restrict
these rights severely. While the Constitution prohibits censorship, it is
widely practiced and the Government tolerates little, if any, criticism of
its actions. The law limits the ability to criticize the President.
Ordinary citizens remain afraid to express views critical of the President
and the Government in public. In March 2000, police confiscated six copies of the
Uzbekistan chapter of the 1999 Human Rights Watch World Report from a
Human Rights Watch representative who was observing the trial of 12 men on
trial for membership in Hizb ut-Tahrir (see Section 1.d.). According to an
international NGO, the presiding judge at the trial characterized the
distribution of the report as the clandestine distribution of leaflets. In
November 2000, customs authorities confiscated several copies of the
journal of the unregistered Birlik Democratic Movement that had been
mailed to a private citizens on the grounds that the material was illegal
and anticonstitutional. In the same month, customs officials opened mail
sent from Human Rights Watch's New York office to its Tashkent office and
confiscated several copies of a published list of political and religious
prisoners in Uzbekistan compiled by the Moscow-based human rights
organization Memorial. In explaining the confiscation, a representative of
the Ministry of Foreign Affairs told Human Rights Watch that it objected
to the content of the Memorial report. There were no similar cases
reported during the year. The Mass Media law formally provides for freedom of
expression, protects the rights of journalists, and reiterates the
constitutional ban on censorship; however, several articles of the law,
and the lack of due process provided for in their implementation, allowed
the Government to use the law to silence critics. According to the law,
journalists are responsible for the accuracy of the information contained
in their news stories, which potentially subjects them to prosecution. The
law prohibits stories that incite religious confrontation and ethnic
discord or advocate subverting or overthrowing the constitutional order
(see Section 2.b.). The Mass Media law established the Interagency
Coordination Committee (MKK), which issues broadcast and mass media
licenses to approved media outlets. In October 2000, a new law changed the
term of validity of the broadcast licenses from 1 year to 5 years;
however, mass media licenses, which also are a requirement, still must be
renewed yearly. The MKK is empowered to revoke licenses and close media
outlets without a court judgment. Another government agency, the Center
for Electromagnetic Compatibility (TSEMS), issues frequency licenses.
Television stations often encounter difficulty obtaining licenses. There are no private publishing houses, and
government approval is required for all publications. Newspapers generally
are printed by state-owned printing houses, which refuse to print any
edition that does not bear the prior approval of the Committee for the
Protection of State Secrets. As a result, journalists who wish to ensure
that their work is published practice self-censorship. The Committee
assigns censors to each newspaper to review all stories. In other parts of
the country, the censors have offices at the state printing presses. The
Committee also has the right to review wire service news reports of
television and radio stations prior to broadcast. Urgench newspaper, which
was closed in 2000, remained closed at year's end. Religious writings must
be approved by the Religion Committee censor, which is regarded as being
quite strict (see Section 2.c.). Information remains very tightly controlled. The
Uzbekistan Information Agency cooperates closely with the presidential
staff to prepare and distribute all officially sanctioned news and
information. Nearly all newspapers are organs of government ministries.
There are approximately 20 state-owned national newspapers printed in
Uzbek or Russian. Readership of national dailies was just over 300,000;
newspapers are too expensive for most citizens, with an average cost of 4
to 12 cents (50-150 soums). All dailies are owned by the state or by
entities closely associated with the state (such as the muftiate). Private
persons and journalist collectives may not establish newspapers unless
they meet the media law's standards for establishment of a "mass media
organ," including founders acceptable to the Government. A handful of
private newspapers containing advertising, horoscopes, and similar
features, but no news or editorial content, are allowed to operate without
censorship. There are two national independent newspapers, Novosti Nedelya
and Vremya I Mi. Both are affiliated with the Turkiston Press News Agency.
The last opposition newspaper to be published was that of the Erk
Democratic Party; the newspaper has been banned within the country since
1993 but is published sporadically abroad. The Government does not allow the general
distribution of foreign newspapers and other publications; however, two or
three Russian newspapers and a variety of Russian tabloids and lifestyle
publications are available. A modest selection of other foreign
periodicals is available in Tashkent's major hotels, and authorized groups
can obtain foreign periodicals through subscription. Four state-run channels that fully support the
Government and its policies dominate television broadcasting. A cable
television joint venture between the state broadcasting company and a
foreign company broadcasts the Hong Kong-based Star television channels,
including the British Broadcasting Corporation (BBC), Deutsche Welle, and
Cable News Network World News, to Tashkent and a few other locations.
Access to cable television is beyond the financial means of most citizens.
There are between 30 and 40 privately owned local television stations and
7 privately owned radio stations. In general broadcasters practice
self-censorship but enjoy some ability to report critically on local
government. For the most part, television programming consists of
rebroadcasting Russian programming. The Government's implementation of the media law
does not function smoothly and the enforcement of the registration and
licensing requirements can be strict. Because the registration committee
meets irregularly, up to one half of independent television stations have
been forced at times to operate with expired licenses, making them
vulnerable to government closure. For example, a television station that
was closed by the interagency commission in 1999 had not been permitted to
reopen by year's end. Officials claimed that the station did not meet
technical requirements for re-licensing and that there was no political
element to the closing. Foreign observers noted that the station was among
the most independent in the country and interpreted the closing as a
warning to other broadcasters to be careful of their content. Shukhrat
Babajanov, an activist with the ERK party and the owner of ALC, a station
in Urgench that also has been prohibited from reopening, unsuccessfully
sued the Government in 2000 for damages resulting from the station's
closing. ALC had also lost its registration temporarily in 1997, allegedly
for technical violations of regulations. ALC-TV has been closed four times
since 1995. ALC was closed in 1999 on the eve of national parliamentary
and presidential elections. In the past, Babajanov and his former
employees have been subjected to harassment and veiled threats by police.
On June 28, authorities again denied a license to ALC. On July 28,
Babajanov received a summons to appear before a prosecutor on criminal
charges of forgery. Although the charges were related to a 10-year-old
USSR Union of Artists application, Babajanov decided to leave the country.
During the year, several independent television
stations had problems renewing their licenses or exercising their legal
right to control their stations' operations. In one case, a station's
report on the plight of homeless persons, including veterans of the
Afghanistan war, embarrassed the local governor; the governor of the
neighboring province, in which the station's transmitter was located,
promptly informed the station manager that he was fired. The manager
protested that the Government had no legal right to decide who would
manage the private station. The station was attempting to resolve the
dispute at year's end. In another case, aggressive reporting led to a long
struggle by one successful independent station to have its broadcasting
and bandwidth licenses renewed. The station obtained its broadcasting
license but still was waiting for approval of its bandwidth license at
year's end. The Government has arbitrarily denied the
registration application of an independent professional association of
private radio and television broadcasters at least seven times reportedly
for the association's failure to elect the Government candidate as
chairman. Ministry of Justice officials reportedly advised the group
privately that it never would be registered. The lack of registration
effectively restricts the association's ability to attract international
funding and operate freely and legally. Radio Free Europe/Radio Liberty and the Voice of
America are not permitted to broadcast from within the country, despite
the Government's longstanding contractual agreement with Radio Free
Europe/Radio Liberty to allow this activity. The Government does allow
either organization to have correspondents in the country but both
stations broadcast from outside of the country, using short-wave
frequencies. The BBC World Service was required to broadcast on a very low
FM frequency that most radios would not be able to receive, and then only
after the BBC had agreed to restrictions that amounted to self-censorship;
however, observers agree that there is no evidence that the BBC actually
has engaged in self-censorship. The World Service is permitted to
broadcast only 2 hours per day: two 30-minute broadcasts per day in Uzbek,
and two 30-minute broadcasts per day in Russian, 7 days a week. At times journalists are subject to threats,
harassment, and mistreatment by authorities. On May 7, authorities refused
to renew the press accreditation of Maria Kozlova a stringer for United
Press International. Kozlova claimed in April that an official in the
Foreign Ministry Press Office had warned her to avoid demonstrations being
held by relatives of imprisoned Muslims in front of the Hokim's office.
Kozlova attended the demonstrations and filed stories on the confinement
of human rights activist Elena Urlaeva in a psychiatric hospital. Kozlova
received her accreditation a week later. On June 16, Asadulla Ortikov, a
member of HRSU and of Union of Independent Journalists (UIJ), was
threatened with arrest for criticizing government officials. Orifhon
Alimakhsumof, who owns his own television station, was arrested and
tortured after criticizing President Karimov over the arrest of many
youths for alleged anticonstitutional activities. Alimakhsumof later was
released. All Internet service providers have been required
to route their connections through a state-run server, Uzpak, in order to
prevent the transmission of what the Government considers harmful
information, including material advocating or facilitating terrorism,
material deemed hostile to the constitutional order, and pornography. The
Government has issued regulations and taken technical steps to filter
access to content that it considers objectionable. Despite these
restrictions, the availability of Internet access has expanded as the
number of service providers and Internet cafes has grown. The Birlik
opposition political party maintains an Internet site, which is highly
critical of the Government. The Government refrained from blocking or
otherwise interfering with the site. The Government has granted academic institutions a
degree of autonomy, but freedom of expression remained limited. University
professors generally are required to have their lectures or lecture notes
approved before the lectures are given; however, implementation of this
restriction varies. Self-censorship amongst university professors
occurred. b. Freedom of Peaceful Assembly and Association The Constitution provides for the freedom of
peaceful assembly; however, it also states that the authorities have the
right to suspend or ban rallies, meetings, and demonstrations on security
grounds, and in practice the Government restricted the right of peaceful
assembly. The Government must approve demonstrations and does not
routinely grant permits to demonstrators. Throughout the year, groups of Muslim women,
typically mothers and wives of jailed Islamists, attempted to stage
protests at municipal offices around the country but often were prevented,
at times forcibly, from doing so. On March 21, at the office of the
Andijon Hokimat (local governor), between 200 and 300 Muslim women and
children protested the imprisonment of their relatives for
anticonstitutional activities. Police arrested 3 women during the protest
and detained them for 1, 3, and 20 nights in jail respectively. When the
women tried to assemble again on March 23, police reportedly ordered many
of them onto waiting buses. Human rights activists in Andijon reported
that in August, a special team arrived from the presidential staff to
investigate the complaints of the women involved in the demonstrations;
they specifically addressed demands that the Government grant an amnesty
to their jailed relatives. On April 12, police violently broke up a protest in
Tashkent of Muslim women; the police used batons, which resulted in
numerous injuries. There also was one arrest, but the woman later was
released. In the wake of that protest the police typically have detained
protesters before any protests could occur. On July 2, approximately 1,000
Muslim women attempted to gather near the Tashkent City Hokim, but
uniformed police and plainclothes security officers forcibly rounded up
and removed the women. The women were relatives of persons accused of
anticonstitutional activities who had intended to present an appeal to the
Hokim for the release of their family members. Authorities temporarily
refused to renew the accreditation of foreign journalists covering the
event (see Section 3). In September, following a similar demonstration,
64-year-old Fatima Mirhatieva was arrested, tried, and convicted. She
received 3 years of community service but later was granted amnesty. On September 4, protests with 10 to 100
participants were held in Qarshi, Yangiyul, and Tashkent. In all three
cities, the police appeared to have had advance knowledge of the protests
and briefly detained the protesters, who were relatives of the alleged
Hizb ut-Tahrir members in prison. On March 7, ten Tashkent residents gathered in
front of the Hokimiat (Mayor's Office) to protest city authorities
evicting them and razing their homes in order to build a new road. Local
authorities did not restrict the demonstration. On a few occasions, authorities detained persons to
prevent them from attending protests (see Section 1.d.) The Constitution provides for the right of freedom
of association; however, the Government restricted this right in practice.
The Government refuses to register opposition political parties and
movements. The Constitution places broad limitations on the types of
groups that may form and requires that all organizations be registered
formally with the Government in accordance with procedures prescribed by
law. A 1996 analysis by foreign legal observers concluded that, while the
Law on Political Parties provides theoretical protections for minority
parties and permits a wide range of fundraising, it also gives the
Ministry of Justice broad powers to interfere with parties and to withhold
financial and legal support to those opposed to the Government. There are
four registered political parties, all controlled by the Government (see
Section 3). In the past, the Government repeatedly denied
attempts by the Birlik Movement and Erk Party to register. Harassment by
security forces drove the leaders of these organizations into voluntary
exile in the early 1990's (see Section 1.d.). These organizations made no
attempt to register during the year, reportedly because their remaining
adherents were afraid of government reprisals. The Constitution and the law ban parties of an
ethnic or religious nature. In the past, the authorities, citing these
statutes, have denied registration to the Islamic Renaissance Party (IRP).
In the early 1990's, opposition activists announced the formation of the
religious Adolat-True Path Party but never pursued formal registration,
claiming that their members were afraid of government reprisals. Some
members and leaders of IRP and Adolat-True Path chose, or were forced, to
flee abroad. The core of the Islamic Movement of Uzbekistan (IMU), which
has waged an armed insurrection since 1999, was formed in large part from
these elements. The Law on Public Associations, as well as the Law
on Political Parties, prohibits registration of organizations whose
purpose includes subverting or overthrowing the constitutional order, as
well as organizations whose names already are registered. In the past,
officials have used the latter provision to block human rights NGO's and
independent political parties from registering by creating another NGO or
party with the identical name. In the past the Government refused to register the
two principal independent human rights organizations, the Human Rights
Society of Uzbekistan (HRSU) and the Independent Human Rights Organization
of Uzbekistan (IHROU). During the year, neither group submitted a renewed
application. The IHROU reported that the Government repeatedly had denied
all previous attempts based on bureaucratic technicalities. The HRSU,
citing similar concerns, nonetheless held a founding congress--for a
second time--and was preparing a renewed application packet at year's end.
The Government had not changed its often-stated stance that both groups
enjoyed de facto registration. Human rights observers and international
observers have verified that this de facto registration falls far short of
offering these organizations adequate protection. During the year,
government officials initiated numerous investigations into the activities
of human rights activists on the grounds that their organizations were not
registered and their activities were therefore illegal. The Government has
approved the registration of only one human rights NGO, the Committee for
Protection of Individual Rights (CPRI), which was formed with government
support in 1996 (see Section 4). The process for government registration of NGO's
and other public associations also is difficult and time-consuming, with
many opportunities for obstruction. Although unregistered organizations
often can disseminate literature, hold meetings, and use letterhead
stationery without government interference, they do not exist as legal
entities and have no real access to the media or government. A 1999 law on
nongovernmental, noncommercial organizations provides for simpler
registration requirements; while implementing regulations had not been
passed by year's end, NGO's reported that registration had become easier.
Nonpolitical associations and social organizations
usually may register, although complicated rules and a cumbersome
government bureaucracy often make the process difficult. Some evangelical
Christian churches and the Jehovah's Witnesses found it difficult to
obtain registration (see Section 2.c.). The Government has refused to
register an association of broadcasters formed in 1998 (see Section 2.a.).
c. Freedom of Religion The Constitution provides for freedom of religion
and for the principle of separation of church and state; however, in
practice the Government restricted this right. The Government perceives
Islamist activity outside the state-sponsored mosques as an extremist
security threat and outlaws it. During the year, the Government harassed,
arrested and detained, and otherwise mistreated hundreds of alleged
members of such groups; such persons typically are sentenced to between 15
and 20 years in jail. Russians, Jews, and foreigners generally enjoy
greater religious freedom than traditionally Muslim ethnic groups,
especially ethnic Uzbeks. Christian churches generally are tolerated as
long as they do not attempt to win converts among ethnic Uzbeks. The
religion law forbids or severely restricts activities such as
proselytizing and importing and disseminating religious literature. The Government is secular and there is no official
state religion. Although the laws treat all religions equally, the
Government shows its support for the country's Muslim heritage by funding
an Islamic university and subsidizing citizens' participation in the Hajj.
The Government promotes a moderate version of Islam through the control
and financing of the Spiritual Directorate for Muslims (the Muftiate),
which in turn controls the Islamic hierarchy, the content of imams'
sermons, and the volume and substance of published Islamic materials. The Law on Freedom of Conscience and Religious
Organizations restricts religious rights that are judged to be in conflict
with national security, prohibits proselytizing, bans religious subjects
in public schools, prohibits private teaching of religious principles,
forbids the wearing of religious clothing in public by anyone other than
clerics, and requires religious groups to obtain a license to publish or
distribute materials; however, in practice, the authorities enforce this
law disparately. A series of revisions to the Criminal and Civil Codes in
1998 stiffened the penalties for violating the religion law and other
statutes on religious activities. It provided for punishments for
activities such as organizing a banned religious group, persuading others
to join such a group, and drawing minors into a religious organization
without the permission of their parents. Thousands of individuals were
arrested and convicted between 1999 and year's end for participation in
banned Islamic groups, particularly the Hizb ut-Tahrir. Amendments to the Criminal Code in 1999 drew a
distinction between "illegal" groups, which are those that are not
registered properly, and "prohibited" groups, which are banned altogether.
One of the amendments makes it a criminal offense punishable by up to 5
years in prison to organize an illegal religious group or to resume the
activities of such a group (presumably after being denied registration or
being ordered to disband), and punishes any participation in such a group
by up to 3 years in prison. The second amendment sets out penalties of up
to 20 years in prison and confiscation of property for "organizing or
participating" in the activities of religious extremist, fundamentalist,
separatist, or other prohibited groups. In practice the courts ignore the
theoretical distinction and frequently convict members of disapproved
Muslim groups under both statutes. The Religion Law requires all religious groups and
congregations to register and provides strict and burdensome criteria for
their registration. In particular it stipulates that each group must
present a list of at least 100 Uzbek citizen members (compared with the
previous minimum of 10) to the local branches of the Ministry of Justice.
This provision enables the Government to ban any group simply by denying
its registration petition. Government officials designed the law to target
Muslims who worship outside the system of state-organized mosques. As of November 1, the Government had registered
2,035 religious organizations and congregations, 1,857 of which were
Muslim; however, some religious groups continued to face obstacles
obtaining registration. During the year, 10 Jehovah's Witness
congregations in the country were refused registration; only 2 Jehovah's
Witness congregations were registered. The Government's Committee on
Religious Affairs (CRA) denied the Greater Grace Christian Church of
Samarkand permission to have a Finnish rather than Uzbek pastor; the
church's application for registration remained blocked at year's end
pending resolution of that issue. In Tashkent the Agape mission Church has
faced prolonged difficulty registering, despite the fact that it meets all
legal requirements for registration. The church's pastor reports that he
was told by the regional governor that the country already had too many
churches. Local authorities have blocked the registration of Baptist
congregations in Gazalkent, Guliston, Andijon, and Novy Zhizn. The deputy
mayor of Gazalkent allegedly told church leaders that their application
might be approved if they removed from the church's membership list all
names of ethnic-Uzbek origin. In December 2000, the Baptist congregation
in Guliston was denied registration, ostensibly on the grounds that its
proposed church was in a residential area. Christians who are ethnic Uzbeks are secretive
about their faith and rarely attempt to register their organizations.
Christian congregations that are of mixed ethnic background are reluctant
to list their ethnic Uzbek members on registration lists due to fear of
incurring official displeasure. Since the law prohibits participation in
unregistered groups, some minority churches have not submitted
registration applications because they know that they are unable to comply
with the law's requirements and prefer not to identify themselves to the
authorities. Although church leaders cite high registration fees and the
100-member rule as obstacles to registration, the most frequent problem is
the lack of an approved legal address, which is required in order to
submit an application. Some groups have been reluctant to invest in the
purchase of property without assurance that the registration would be
approved. Others claim that local officials arbitrarily withhold approval
of the addresses because they oppose the existence of Christian churches
with ethnic Uzbek members. The Government's most serious abuses of the right
to religious freedom were committed against Muslims. The Government's
campaign against independent Muslim groups, begun in the early 1990's,
resulted in numerous serious human rights abuses during the year. The
campaign has been directed at three types of Muslims: alleged Wahhabists,
including both those educated at madrassas (religious schools) abroad and
followers of missing Imams Nazarov of Tashkent and Mirzaev of Andijon;
those suspected of being involved in the 1999 Tashkent bombings or of
being involved with the IMU, whose roots are in Namangan; and suspected
members of Hizb ut-Tahrir throughout the country. Both Wahhabism and the IMU stem from the growth of
independent Islam that the Government has sought to suppress since the
early 1990's. Based on the court record, the distinction is that the
Government considers the Wahhabists to be extremists and potential
terrorists and those suspected of involvement in the bombings to be active
terrorists. The Government does not consider repression of these groups to
be a matter of religious freedom, but rather a matter of protection
against those who oppose and may take up arms against the political order.
However, authorities are highly suspicious of those who are particularly
devout, including frequent mosque attendees, bearded men, and veiled
women. In practice this approach results in abuses against many
non-political Muslims for their religious beliefs. Arbitrary arrest and detention of Muslim believers
is common and the security services have arrested, detained, and harassed
Muslim leaders for perceived acts of insubordination and independence. The
police routinely planted narcotics, ammunition, and Hizb ut-Tahrir
leaflets on citizens to justify their arrest. For example, in August a
Jizzakh court convicted six young men (ages 20 to 30) and their 83.
year-old host for holding prayers in the older man's home. The police
allegedly planted drugs and Hizb ut-Tahrir leaflets. The six young men
remained in prison at year's end, although their host was released after
paying a fine. The Government used the local mahalla
(neighborhood) committees as a source of information on potential
detainees. Shortly after the February 1999 Tashkent bombings, President
Karimov directed that each committee assign a "defender of the people,"
whose job it was to ensure that young persons in the neighborhoods were
not joining independent Islamic groups. The committees identified for
police those residents who appeared suspicious. In an interview in
September 2000, an official of the Committee on Religious Affairs stated
that the mahallas had identified 10,700 persons with extremist tendencies.
When asked how mahalla officials know who is an extremist, the official
replied "you can see it in their eyes." Human rights observers noted that
in practice the committees often perceived as suspicious those same
individuals who already had been detained by the police in the wake of
either the 1997 murders of officials in Namangan or the 1999 Tashkent
bombings, and who subsequently had been released because there was no
evidence against them. The number of individuals arrested for their
perceived religious extremism appeared to have decreased overall during
the year, although there was a temporary increase during the spring.
However, thousands remain jailed from previous years. The absence of a free press and the rarity of
public trials make it impossible to determine how many persons have been
incarcerated for religious reasons. In October the Moscow-based human
rights organization Memorial, published a list of over 2,600 documented
cases of persons allegedly imprisoned for political and religious reasons
from January 1999 to August 2001 (see Section 1.e.). Almost all of the
individuals on Memorial's list were alleged to have been members of Hizb
ut-Tahrir. The number of such prisoners in pretrial detention is unknown
but probably is several hundred, nearly all of whom are accused of being
Muslim extremists. Bakhodir Khasanov, an instructor of French at the
Alliance Francaise who was detained and held incommunicado in July 2000,
was sentenced to a long prison term for anticonstitutional activity.
Security services' interest in Khasanov apparently stems from the fact
that many in his family are pious Muslims. Khasanov's father and brother
were both imprisoned at year's end; his brother Ismail was convicted in
1999 for alleged links to Islamic extremists. In 1999 the authorities
arrested and convicted Khasanov's 70-year-old father after planting Hizb
ut-Tahrir leaflets on him; he signed a confession after police forced him
to watch them beat Ismail, and was serving 3 years in prison at year's
end. The authorities often arrested family members of
religious persons they sought to arrest (see Section 1.d.). For example,
in March police arrested and detained in the basement of police
headquarters Rahima Akhmedalieva, the wife of an imam who had fled the
country fearing arrest (see Section 1.d.). All adult male members of the
family of Imam Abidkhon Nazarov, who fled in 1998, remained in jail at
year's end and allegedly were beaten periodically by interrogators trying
to learn Nazarov's whereabouts. Three brothers of exiled democratic
opposition leader Mohammed Solikh remained imprisoned because of their
family ties (see Section 3). They all were convicted for
anticonstitutional activity. Relatives who visited the brothers reported
that Mukhammad Bekzhon was walking on crutches and looked emaciated. An
NGO reported that another brother, Rashid Bekzhon, lost vision in one eye
as a result of torture. The Government typically held unannounced trials of
alleged religious extremists. For example, accused Hizb ut-Tahrir members
were tried in large groups, claimed mistreatment, and were sentenced to
lengthy jail terms. In a trial that ended on May 17, a court sentenced all
but 1 of 24 alleged members of Hizb ut-Tahrir to between 8 and 18 years in
prison for anti-State activities, including belonging to a religious
fundamentalist group. The court convicted the remaining defendant under a
lesser charge and released him under amnesty. One of the defendants,
Odiljon Umarov, was 17 years old and received an 8-year sentence. His
father also was arrested and sentenced to a lengthy term. Another
defendant, Mirzakarim Avasov, who denied belonging to Hizb ut-Tahrir, was
the younger brother of Hizb ut-Tahrir member Mirzafar Avasov, who had been
arrested in January 2000. According to persons familiar with the case,
Mirzakarim originally was taken into custody in order to help
investigators extract a confession from his older brother. Members of the
National Security Service reportedly tortured Mirzakarim with electric
shocks in front of his brother until Mirzafar agreed to sign a statement
incriminating himself and others. NGO's and news services reported that
trials of alleged Hizb ut-Tahrir members were common during the
summer. On April 9, a Tashkent court convicted former Imam
Abdulvakhid Yuldashev, a former pupil of Imam Nazarov along with 12 other
defendants. Yuldashev was sentenced to 19 years in prison for organizing
an underground Islamic militant group. He was arrested in June 2000, held
incommunicado for several months, denied access to a lawyer during most of
his pretrial detention in the basement of the Ministry of Internal Affairs
(MVD), and allegedly tortured (see Section 1.c.). Throughout the year, many Muslim women protested
the arrest and detention of their family members for allegedly being part
of Islamist organizations. Police disrupted some of the protests, at times
forcibly (see Section 2.b.). The repression of pious Muslims continued. Most
young men do not wear beards, which the Government regards as a sign of
extremism. At one prominent Tashkent University, a professor noted that to
his knowledge only one female student wore the headscarf favored by many
modest Muslim women. However, Muslims, particularly older men, were seen
in Tashkent wearing prayer robes and women were seen wearing the Muslim
headscarf and, less commonly, the veil. There were no known expulsions of
women wearing headscarves during the year; however, of the women expelled
from state universities in 1997 and 1998 for wearing such clothing, none
who continued to wear veils were readmitted during the year (see Section
1.f.). Loudspeakers (though prohibited on minarets) can be heard in some
parts of the city issuing the call to prayer. The authorities tolerate many Christian evangelical
groups, but often harass those that try to convert Muslims to
Christianity. Police occasionally have broken up meetings of unregistered
groups. Leaders of such groups have been assessed fines and imprisoned.
Members of Jehovah's Witnesses claimed that they are subjected routinely
to police questioning, search, and arbitrary fines. Police conducted
several raids this year against meetings of Jehovah's Witnesses, and the
Jehovah's Witness' general counsel reports that harassment against their
members remained a problem. In two incidents, one in January and one in
July, police reportedly beat arrested members. The Jehovah's Witness'
counsel alleges that the Government regards Jehovah's Witnesses as an
extremist group. On June 24, Pastor Nikolai Shevchenko of Bethany
(Baptist) Church in Tashkent and several of his parishioners were arrested
in a raid during services. Pastor Shevchenko faces criminal charges.
Central government officials, as well as many Christian leaders, view
these and other incidents of harassment as isolated cases of local
officials misapplying the law. Religious groups are prohibited from forming
political parties and social movements (see Section 2.b.). The Government requires that the religious censor
approve all religious literature. Possession of tracts by authors deemed
to be extremist can lead to arrest and prosecution. Hundreds, perhaps
thousands, of citizens have been imprisoned for possessing or distributing
Hizb ut-Tahrir leaflets, which are both political and religious in
content. Others have been imprisoned for possessing Islamic texts in
Arabic (see Section 1.d.). The Committee for Religious Affairs (CRA), in
accordance with the law has given the right to publish, import, and
distribute religious literature only to registered central religious
bodies. Believers of many faiths reported that during police and local
administration raids on both registered and unregistered places of worship
and private homes, officials confiscate anything that looks suspicious,
especially foreign Islamic literature or Uzbek-language Christian
literature. Human rights monitors reported that individuals arrested for
Islamic extremism are not allowed to read the Koran in most detention
facilities. The Government bans the teaching of religious
subjects in schools and also prohibits the private teaching of religious
principles. On May 17, the Ministry of Justice informed in writing the
Baptist Union that the holding of Sunday School classes for the children
of congregation members was a violation of the Law on Freedom of
Conscience and Religious Organizations. The letter threatened revocation
of the Baptist Union's registration if it did not immediately cancel
Sunday school. The Baptist Union responded to the letter and, in turn,
received another letter from the Ministry still refusing to allow the
Sunday school classes. Also in May, the Roman Catholic parish in Ferghana
received an order from the regional Prosecutor General to close its Sunday
School on the grounds that the school was an institution of higher
learning and had not been registered properly. However, later in the month
the CRA found that the Catholic Sunday school was not a formal
institution, had been closed improperly, and should be allowed to reopen.
Sunday school classes resumed at the school. The Constitution provides for free movement within
the country and across its borders; however, at times the Government
limited this right. Citizens must have permission from local authorities
in order to resettle in a new city and the Government rarely grants
permission to those who wish to move to Tashkent. The Government requires
citizens to obtain exit visas for foreign travel or emigration, but grants
these permits routinely for approximately $6 (5,000 soums). An exit visa
is not required for travel to most former Soviet Union states. All
citizens have a right to a passport, and the Government does not restrict
this right. Passports serve as both internal identity cards and, when
properly certified, as external passports. Every citizen must carry such a
document when traveling inside or outside the country. Police occasionally
confiscated these documents. Political opponents are more likely to have
their passports confiscated than other citizens. Movement within the country by foreigners with
valid visas generally is unrestricted; however, visitors require special
permission to travel to certain areas, such as Termez, in Surkhandarya
province on the Afghan border. At times the authorities closed certain
mountainous regions where fighting with the IMU has taken place,
particularly in Surkhandarya. Several domestic human rights activists were able
to leave and reenter the country without encountering problems from the
Government. At year's end, police had not returned the passport of human
rights activist Mikhail Ardzinov, nor the passport of activist Elena
Urlaeva, which was seized in July (see Sections 1.c. and 1.d.). In July police detained, threatened, and blocked
the passage of human rights activists wishing to attend the funeral of
Shovruk Ruzimuradov, police also had closed off the region to traffic (see
Section 1.a.). The law on citizenship stipulates that citizens do
not lose their citizenship if they reside overseas; however, since the
country does not provide for dual citizenship, those acquiring other
citizenship lose Uzbek citizenship. In practice the burden is on returning
individuals to prove to authorities that they have not acquired foreign
citizenship while abroad. Following the summer 2000 fighting with the IMU in
the Surkhandarya region, the Government forcibly resettled residents of
five villages from the mountainous border area (see section 1.d.). The
villagers face a permanent bar to returning to their homes, and the
Government has built permanent structures in the new settlement
approximately 200 kilometers away. International observers and local NGO's
have reported that the food shortages from the previous year had been
resolved. Conditions in the new villages were similar to those in other
villages of the region. The villagers have had a difficult time adjusting
to the new topography and climate, as well as to their new life as
farmers. There is no law concerning the rights of refugees
and asylum seekers, and the Government does not recognize the right of
first asylum. The Government does not adhere to the 1951 Convention
Relating to the Protection of Refugees or its 1967 Protocol. The
Government considers asylum seekers from Tajikistan and Afghanistan to be
economic migrants, and such individuals are subject to harassment and
bribe demands when seeking to regularize their status. Such persons may be
deported if their residency documents are not in order. However, in August
1999 the Government agreed that it would not force those who have received
refugee status from the U.N. High Commissioner for Refugees (UNHCR) to
leave the country. The UNHCR reports that the policy appeared to be
working, and that police rarely harassed mandate refugees. The population includes large numbers of ethnic
Tajiks, Kyrgyz and Kazakhs; as well as ethnic Koreans, Meskhetian Turks,
Germans, Greeks and Crimean Tartars deported to Central Asia by Stalin
during World War II. Russians and other Slavs also are well represented.
These groups enjoy the same rights as other citizens. Although the latter
groups are free to return to their ancestral homelands, absorption
problems in those countries have slowed that return. There are no official
statistics, but observers, including the UNHCR, estimated that there are
30,000 Tajik and 8,000 Afghan refugees in the country. As of December
there were 2,056 UNHCR mandate refugees, and 612 family cases (totaling
1,374 individuals) pending decision. According to the UNHCR, 497
individuals are recognized as refugees. The UNHCR reported that 99 percent
of its refugee cases are persons from Afghanistan. There were no reports of the forced return of
persons to a country where they feared persecution. Section 3. Respect for Political Rights: The Right
of Citizens to Change their Government The Constitution provides citizens with the right
to change their government; however, in practice citizens cannot change
their government through peaceful and democratic means. The Government
severely represses opposition groups and individuals and applies strict
limits on freedom of expression (see Section 2.a.). No independent
opposition groups participated in government or were allowed to function
legally (see Section 2.b.). Five government controlled political parties
hold a limited number of seats in Parliament. The Government is highly centralized and is ruled
by a strong presidency. President Karimov was elected in a limited
multicandidate election in 1991. A 1995 Soviet-style referendum and
subsequent parliamentary decision extended Karimov's first term until
2000. He was reelected in January 2000 to a second term with 92.5 percent
of the vote. Karimov's opponent, Abdulhafiz Jalalov, ran a token campaign,
and admitted on election day that he himself had voted for Karimov. The
OSCE declined to monitor the presidential election on the grounds that the
preconditions did not exist for it to be free and fair. In December the
Parliament voted to hold a referendum in January 2002 on whether to extend
the term of the presidency from 5 to 7 years. President Karimov and the executive branch maintain
control through sweeping decree powers, primary authority for drafting
legislation, and control of all government appointments, most aspects of
the economy, and the security forces. Many government officials are members of the
People's Democratic Party of Uzbekistan (PDP), formerly the Communist
Party and still the country's largest party. However, the party does not
appear to play a significant role in the Government, and the President
resigned his chairmanship of the party in 1996. There are four other
parties; however, these were created with government assistance and are
loyal to President Karimov. All four parties participated in the December
1999 elections to the Oliy Majlis, during which 93 percent of the
electorate reportedly cast their vote. However, the parties that competed
in the parliamentary elections, as well as the numerous independent
candidates, were sympathetic to the Government and did not represent a
real choice for voters. Because the voters lacked a choice, the OSCE and
many international observers concluded that the December 1999 legislative
elections were neither free nor fair elections. Local and regional
governors (hokims)--who are appointed by the president--exerted a strong
influence on the selection of candidates and the conduct of campaigns.
Nearly half (110 out of 250) of those elected were not from party lists
but were either hokims themselves or were nominated by the hokims' local
assemblies. Only 16 of the 250 winning candidates had been nominated by
citizens' initiative groups. These candidates generally were allowed on
the ballot only if the hokims approved them. The Parliament (Oliy Majlis) is the highest
government body constitutionally. In practice, despite assistance efforts
by international donors to upgrade its ability to draft laws
independently, its main purpose is to confirm laws and other decisions
drafted by the executive branch rather than to initiate legislation. The laws that govern the conduct of parliamentary
and presidential elections and the law on political parties make it
extremely difficult for opposition parties to develop, to nominate
candidates, and to campaign. The procedures to register a candidate are
burdensome and the Central Election Commission has authority to deny
registration. For example, a presidential candidate is prohibited from
campaigning before being registered, but must present a list of 150,000
signatures in order to be registered. Under the law, the Central Election
Commission must deny registration of presidential candidates who are found
to "harm the health and morality of the people." There is no appeal to the
Supreme Court for candidates whose parties are denied registration. The
Ministry of Justice has the right to suspend parties for up to 6 months
without a court order. Citizen initiative groups of 100 members or more
may nominate candidates to the Parliament by submitting signatures of at
least 8 percent of the voters in the electoral district. Other interest
groups are forbidden from participating in campaigns and candidates may
meet with voters only in forums organized by precinct election
commissions. The law prohibits parties from funding their candidates'
campaigns directly; parties must turn over all campaign money to the
Central Election Commission, which then distributes the funds equally
among the candidates. Only the Central Election Commission may prepare and
release presidential campaign posters. According to the law on political parties, judges,
public prosecutors, National Security Service (NSS) officials, servicemen,
foreign citizens, and stateless persons (among others) cannot join
political parties. By law the Government prohibits formation of parties
based on religion or ethnicity; those that oppose the sovereignty,
integrity and security of the country and the constitutional rights and
freedoms of citizens; or those that promote war, or social, national, or
religious hostility. Political organizations that seek to overthrow the
Government, or cite national or racial hatred, are prohibited. The
Government has refused to register political opposition organizations (see
Section 2.b.). Membership in unregistered political organizations is not
forbidden officially, but members of unregistered political organizations
and human rights groups frequently experience police harassment and arrest
(see Section 4). The Government continued to target members of
unregistered political opposition groups using methods such as arbitrary
arrest, conviction on falsified charges, surveillance, and loss of
employment (see Sections 1.d. and 4). The leaders of the two largest
unregistered opposition groups in the country--Mohammed Solikh of the Erk
Democratic Party and Abdurakhim Polat of the Birlik Democratic
Movement--were forced into voluntary exile in the early 1990's. After the
February 1999 Tashkent bombings, government targeting of members of these
groups intensified. The Government repeatedly has accused Solikh, who ran
against Karimov for the presidency in 1992, of being a leader of the
terrorist plot behind the bombings. Solikh was 1 of the 9
defendants-in-absentia in the November show trial of 12 alleged bombing
conspirators. He was convicted and sentenced to 15½ years in prison. Three
of Solikh's brothers, KOMIL, Rashid, and Muhammed Bekjonov remained in
prison at year's end (see Section 2.c.). Dozens of Erk and Birlik
activists reported that since the 1999 bombings they have been subjected
to various forms of harassment: frequent surveillance; restrictions on
movement; searches of their homes; lengthy police interrogations; and,
occasionally, detentions (see Sections 1.d., 1.f., and 2.d.). In April
police arrested Shovruk Ruzimuradov, a member of the opposition political
party Birlik, which once held 39 seats in Parliament. Ruzimuradov was a
former member of Parliament and a human rights activist. Police tortured
him severely and he later died in custody. In October police arrested
Yusup Jamaev, also a member of Birlik. On December 29, a court convicted
Jamaev of crimes against the Constitution and issued a suspended sentence;
he was released later that day. Jumaev credibly denies earlier rumors that
he was tortured. The percentage of women in government or politics
does not correspond to their percentage of the population. Traditionally
women participate much less than men in government and politics. There are
20 female deputies in the 250-member Parliament. There are 2 women (both
with the rank of Deputy Prime Minister) among 28 members of the Cabinet; 1
is charged specifically with women's issues. The percentage of minorities in government or
politics does not correspond in all cases to their percentage of the
population. In the 250 member parliament, there are 227 ethnic Uzbeks, 1
Korean, 7 Russians, 1 Armenian, 3 Tajiks, 2 Ukrainians, 3 Kazaks, and 6
Karakalpaks. Section 4 Governmental Attitude Regarding
International and Non-governmental Investigation of Alleged Violations of
Human Rights A number of domestic and international human rights
groups operate in the country; however, security forces continued to
harass and abuse human rights activists. During the year, security forces
arrested two human rights activists, one of whom later died in custody and
the other of whom was released (see Sections 1.a. and 1.c.). Security
forces released two other prominent human rights activists, both of whom
had been arrested in the previous year, and no human rights activists were
imprisoned at year's end. However, at least a dozen human rights activists
reported significant harassment during the year, including the initiation
of legal investigations into their activities and attempts to limit their
ability to travel within the country. By year's end, all known government
investigations into the activities of human rights activists had been
closed, and police had returned the passport of one prominent human rights
activist. The authorities continued to hold the passport of another human
rights activist at year's end. Human rights activists continue to report
difficulty finding jobs for their family members and themselves, and
allegations of other forms of discrimination continue. On April 14, two unidentified men attacked Khamraev
Bakhtiar, the HRSU regional representative for Jizzakh: he suffered a
concussion. In early August, Bakhtiar reportedly received a visit from
officials from the procurator's investigative department who warned him to
be careful about what he says. Rustam Iskhakov, the HRSU representative for
Andijon, says that officials from the procurator's office visited him on
September 18. The officials allegedly told Iskhakov that his group would
have to cease operations, because it was not properly registered. This
harassment later ended after a high-level regional official agreed to
investigate the matter. The Government is willing to discuss human rights
matters with organizations such as the OSCE, as well as with foreign
embassies. The U.N. has not sent human rights commission members or
special rapporteurs to the country. The Government generally is willing to
hold an open dialog with international human rights NGO's, and held
high-level discussions with representatives of Human Rights Watch during
the year. Human Rights Watch has operated independently in the
country. The Government has registered only one domestic
human rights NGO. The Committee for Protection of the Rights of
Individuals (CPRI) was formed with the support of the Government but also
has ties to opposition figures (see Section 2.b.). The organization acts
as the Uzbek affiliate of the International Society for Human Rights,
which is based in Germany. The CPRI engages in legitimate human rights
work, but it refrains from criticizing the President. Observers have
questioned the CPRI's independence from the Government. Its leader, Marat
Zakhidov, engages in progovernment propaganda and has written reports that
appear aimed at inflaming tensions between other human rights
advocates. There is a human rights Ombudsman's office
affiliated with the Parliament. The Ombudsman may make recommendations to
modify or uphold decisions of state agencies, but the recommendations are
not binding. The Ombudsman is prohibited from investigating disputes
within the purview of courts. In 2000 the office of the Ombudsman
increased its staff and received authorization to open regional offices
throughout the country. During the year, eight offices were opened outside
Tashkent, and the Ombudsman reported that during the year the number of
citizens who were served rose significantly. From June to September, the
central office alone handled over 700 hundred cases, a large majority of
which dealt with contested court decisions, abuse of power, and various
labor and social welfare issues. The Ombudsman publishes reports
identifying the most serious violations of human rights by government
officials; the majority of these involve allegedly unjust court decisions
and claims of abuse of power by police and local officials. Most of the
successfully resolved cases appear to have been relatively minor. The National Human Rights Center of Uzbekistan,
created by presidential decree, educates the population and government
officials about the principles of human rights and democracy. The center's
chief activity is to hold seminars and training, and it is not involved in
human rights advocacy. The center has worked closely with international
organizations such as the U.N. Development Program and the OSCE. Section 5 Discrimination Based on Race, Sex,
Religion, Disability, Language or Social Status Both the Constitution and the law prohibit
discrimination on the basis of sex, religion, language, or social status;
however, societal discrimination against women persisted. Women Violence against women is a problem and spousal
abuse is common, but no statistics on the problem are available. Wife
beating is considered a personal family affair rather than a criminal act;
such cases usually are handled by family members or elders within the
community (mahalla) and rarely come to court. The law punishes physical
assault; however, no legal provisions specifically prohibit domestic
violence. Police often discourage women from making complaints against
abusive husbands and abusers are rarely taken from home or jailed. In December 2000, the NGO Minnesota Advocates for
Human Rights released a major study on domestic violence in the country.
While the lack of reporting prevented the authors from determining the
number of cases annually, the study concluded that domestic violence was
widespread and that the Government had failed to combat or even
acknowledge the problem. Another NGO, Winrock International, which helps
develop women's organizations in the country, agreed with the conclusions
of the study but noted that public officials were willing to speak openly
about the problem of domestic violence. Trafficking in women to other countries for the
purpose of prostitution was a problem (see Section 6.f.). Prostitution
within the country is a growing concern as a result of the worsening
economic situation. Although the law prohibits discrimination against
women, traditional, cultural, and religious practices limit their role in
everyday society. For these reasons, women are underrepresented severely
in high-level positions. In accordance with tradition, women--particularly
in rural areas--usually marry before the age of 20, bear many children,
and confine their activities to within the family. In rural areas, women
often work in the cotton fields during the harvest season. However, women
are not impeded formally from seeking a role in the workplace, and women
who open businesses or seek careers are not hindered legally. Women are
underrepresented in the industrial sector; however, they are fairly
well-represented in the agricultural and small business sectors. In
September 2000, the National Women's Committee sponsored a meeting
commemorating the fifth anniversary of the Beijing Conference. A deputy
prime minister at the cabinet level is charged with furthering the role of
women in society and also is head of the National Women's Committee. In 1999 the Government promulgated a law extending
additional rights to women; it reduced the workweek to 35 hours for female
employees of the State and reduced the optional retirement age for women
to 54 years (after 20 years of employment). Several dozen NGO's address the needs of women. For
example, a center in Tashkent conducts seminars on sexual harassment,
domestic violence, and the legal rights of women. Another center in
Samarkand operates a crisis hot line and provides educational services on
alcoholism, sexually transmitted diseases, and family counseling. In
September the Businesswomen's Association in Kokand held a conference of
NGO's working on women's needs in the Kokand Region. The American Bar
Association operates programs geared toward protecting women's legal
rights in the Ferghana region. A women's group in Surkhandarya works with
women with disabilities and promotes their rights. In parts of the country, some women and girls
resort to suicide by self-immolation. There are no reliable statistics on
the extent of this problem because most cases go unreported. After
marriage many women or girls move into the husband's home, where they
occupy the lowest rung on the family social ladder. A conflict with the
husband or mother-in-law, who by tradition exercises complete control over
the young bride, usually is the stimulus for suicide. A 1997 research study indicated that the number of
women enrolling in higher education was diminishing; for example, women's
enrollment in the finance and banking institute dropped from 65 percent in
1991 to about 25 percent in 1997. Cutbacks in government funding to
universities and the need for families to fund a higher percentage of
educational costs continued during the year, leaving many families in the
position of being able to fund the education of only one child, either a
son or a daughter. The report stated that university faculty "steer" women
into occupations traditionally performed by females and suggested that
administrators may deliberately bar entrance to women in some fields. Children The Constitution provides for children's rights,
stating that parents are obliged to support and care for their children
until they reach age 18. Traditional Uzbek values reinforce the cohesion
of families; in most cases, several generations of a family live together.
In theory the State provides free universal primary education and health
care; however, in practice shortages and budget difficulties mean that
some services must be paid for privately. Nine years of formal schooling
are compulsory, and the average length of schooling is over 11 years.
According to the Government, 98.1 percent of children complete secondary
school. Anecdotal evidence indicates that more children continued to drop
out of high school as economic circumstances continued to deteriorate.
There also is evidence that earlier marriages among young rural women have
contributed to a higher drop out rate for young women. The State grants
monetary allowances to families based on their number of children. The
country has a very high birth rate; over one-half of the population is
under the age of 18. There is no societal pattern of abuse of children;
however, trafficking in girls for the purpose of prostitution is a problem
(see Section 6.f.). During the harvest, some school children, particularly
in rural areas, are forced to work in the cotton fields (see Section
6.c.). Persons with Disabilities The law provides for support for persons with
disabilities and is aimed at ensuring that these persons have the same
rights as other citizens; however, little effort is made to bring persons
with disabilities into the mainstream. There is some societal
discrimination against persons with disabilities. Children with
disabilities generally are segregated into separate schools. The State
cares for the mentally disabled in special homes. The Government has not
mandated access to public places for the disabled; however, there is some
wheelchair access throughout the country. Religious Minorities Members of ethnic groups that traditionally are
associated with Islam who convert to Christianity sometimes encounter
particular societal and low-level governmental hostility. There is no pattern of discrimination against Jews;
Hebrew education, Jewish cultural events, and the publication of a
community newspaper take place undisturbed, and synagogues function openly
throughout the country. Anti-Semitic leaflets signed by Hizb ut-Tahrir
have been distributed throughout the country. National/Racial/Ethnic Minorities Government statistics dating from 1992 show that
the population was approximately 71 percent Uzbek, 8 percent Russian, 5
percent Tajik, 4 percent Tatar, and 3 percent Kazakh, with many other
ethnic groups represented as well. UNHCR figures from 1999 indicate that
ethnic Russians make up 3 percent and Tatars make up approximately 0.6
percent of the population. Observers believe that the statistics may
underestimate the actual number of ethnic Tajiks; the figures treat ethnic
Tajiks whose mother tongue was Uzbek as ethnic Uzbeks. In addition some
members of other ethnic groups choose for a variety of reasons to declare
themselves to be ethnic Uzbeks. Ethnic groups other than Uzbeks, particularly
Russians, frequently complained that job opportunities are limited for
them. Senior positions in the government bureaucracy and business
generally are reserved for ethnic Uzbeks, although there are numerous
exceptions to this rule. The citizenship law does not impose language
requirements for citizenship; however, the language issue remains very
sensitive. Uzbek has been declared the state language, and the
Constitution requires that the President speak Uzbek; however, the
language law provides for Russian as "the language of interethnic
communication." Russian is spoken widely in the main cities, and Tajik is
spoken widely in Samarkand and Bukhara. The law originally required that
Uzbek would be the sole method of official communication by 1998, but
subsequently was modified to remove a specific date. The Government also
is in the process of replacing the Cyrillic alphabet with the Latin
alphabet; however, realizing the difficulties for Uzbeks and minorities
alike, the Government has delayed the full transition to both the Uzbek
language and the Latin alphabet to 2005. Section 6 Worker Rights a. The Right of Association The law specifically provides that all workers have
the right voluntarily to form and join unions of their choice, and that
trade unions themselves voluntarily may associate territorially or
sectorally. Membership in trade unions is optional. The law also declares
all unions independent of the State's administrative and economic bodies
(except where provided for by law), and states that trade unions should
develop their own charters, structure, and executive bodies and organize
their own work. However, in practice the overall structure of trade unions
has not changed significantly since the Soviet era. Trade unions remain
centralized hierarchically, and remain dependent on the Government. No
alternative union structures exist. Independent unions do not exist. There are a few professional associations and
interest groups, such as a union of entrepreneurs, a union of renters, and
an association of private physicians and pharmacists. There also are
registered professional associations for judges and lawyers, both of which
are quasi-governmental. An association of broadcasters that formed in 1998
has failed to gain government registration (see Section 2.a.). The main
activity of all registered associations is professional development. They
do not license members and have no formal role in advocating the interests
of members in relation to the Government. According to the law, the Council of the Federation
of Trade Unions (CFTU) has a consultative voice in the preparation of all
legislation affecting workers and is entitled to draft laws on labor and
social issues. Trade unions are described legally as organizations that
defend the right to work and to protect jobs, and emphasis is placed on
the unions' responsibility for "social protection" and social
justice--especially unemployment compensation, pensions, and worker
retraining. The trade union law does not mention strikes or
cite a right to strike; however, the law does give the unions oversight
for both individual and collective labor disputes, which are defined as
those involving alleged violations of labor laws, worker rights, or
collective agreements. There were several reports of strikes during the
year, which were the result of delayed payment of workers. According to
reports, workers received at least partial payment as the result of their
strikes. The media did not report on the strikes. It is not clear whether
trade unions played a role in the organization of these strikes. Observers
believe that the rarity of strikes reflects the absence of truly
representative trade unions due to a falling standard of living and
growing unemployment raised social tensions. There were several localized
and short strikes during the year. The law on unions provides that unions may choose
their own international affiliations; however, none have done so. a. The Right to Organize and Bargain Collectively
Trade unions may conclude agreements with
enterprises; however, progress in privatization has been very limited and
collective bargaining does not occur. As a result, there is no experience
with negotiations that could be described as adversarial between unions
and private employers. The State still is the major employer, and the
state-appointed union leaders do not view themselves as having conflicts
of interest with the State. The Ministry of Labor and the Ministry of Finance,
in consultation with the CFTU, set the wages for various categories of
state employees. In the small private sector, management establishes wages
or negotiates them with those who contract for employment. The law forbids discrimination against union
members and their officers. There are no export processing zones. c. Prohibition of Forced or Compulsory Labor The Constitution specifically prohibits forced or
bonded labor except as legal punishment or as may be specified by law;
however, trafficking in women for the purpose of prostitution was a
problem (see Section 6.f.). In addition, persons, including teachers and
sometimes passersby in automobiles and busses, are forced to participate
in the compulsory mobilization of labor for the cotton harvest. The law prohibits forced and bonded labor by
children; however, trafficking in girls for prostitution was a problem
(see Section 6.f.). In addition the large-scale compulsory mobilization of
youth and students (by closing schools) to help with the cotton harvest
during the fall, continued to occur. Student labor in the cotton fields is
paid poorly, and students sometimes must pay for their food. The minimum working age is 16 years; 15-year-olds
can receive state permission to work but must work a shorter workday. In
rural areas, younger children often help to harvest cotton and other crops
(see Section 6.c.). The Labor Ministry has an inspection service, which is
responsible for enforcing compliance with these and other regulations
governing employment conditions. The Government has not ratified ILO Convention 182
on the worst forms of child labor. The law prohibits forced and bonded labor by
children; however, trafficking in girls for prostitution was a problem
(see Section 6.f.). Compulsory mobilization of children, mostly in rural
areas, does occur during the cotton harvest (see Section 6.c.). e. Acceptable Conditions of Work The Ministry of Labor, in consultation with the
CFTU, sets the minimum wage. As of September, the minimum wage was
approximately $3 (3,430 soums) per month. The minimum wage does not
provide a decent standard of living for a worker and family. The standard workweek is set at 41 hours and
requires a 24-hour rest period. Some factories apparently have reduced
work hours in order to avoid layoffs. Overtime pay exists in theory but is
not always paid in practice. Pay arrearages of 3 to 6 months are not
uncommon for workers in state-owned industries, and the problem appeared
to be growing. The Labor Ministry establishes occupational health
and safety standards in consultation with the unions. There is a health
and safety inspection directorate in the Ministry. The local press
occasionally published complaints about the failure of unions and
government authorities to do enough to promote worker safety. Although
written regulations may provide adequate safeguards, workers in hazardous
jobs often lack protective clothing and equipment. Workers are permitted
to leave jobs that are hazardous without jeopardizing their employability
in other jobs; however, in practice high rates of underemployment make
such action difficult. f. Trafficking in Persons There are no laws that specifically prohibit
trafficking in persons, and trafficking in women and girls from Uzbekistan
for the purpose of prostitution was a problem, particularly to the Persian
Gulf, South Korea, Thailand, and Turkey. There are no reliable statistics
on this problem; and it does not appear to be widespread, although
anecdotal reports from NGO's indicate that the number of young women from
Uzbekistan who are trafficked into prostitution abroad is growing. Many
victims are unwilling to come forward due to both societal pressure and
the fear of retaliation from their traffickers. Traffickers most often
target young women between the ages of 18 and 30. Agents in nightclubs or
prostitution rings solicit these women, many of whom previously engaged in
prostitution. In large cities such as Tashkent and Samarkand, traffickers
use newspaper advertisements to lure women by promising high-paying work
or marriage abroad. Travel agencies promising tour packages and work in
Turkey, Thailand, and the United Arab Emirates (UAE) also solicit
prostitutes. Victims often are promised jobs as dancers or waitresses in
nightclubs or restaurants in the destination country. In its 2000 annual
report, Human Rights Watch claimed that, traffickers after bribing law
enforcement officials, had arranged for women and girls as young as 13 to
work as prostitutes in the UAE. The Government has not acknowledged the problem of
trafficking publicly, but has taken some measures to combat it. According
to NGO representatives, the police force in Samarkand formed a special
unit on trafficking in women in 1998, but the unit's effectiveness has
been hampered by a lack of resources. Border guards at airports were
directed to give more scrutiny to unaccompanied young women traveling to
Turkey, the UAE, and South Korea; they are authorized to deny such women
permission to leave the country. There was no information available on
whether the Government had prosecuted any traffickers, by year's end.
There is no government program to educate or assist potential victims.
There are no NGO's that address trafficking
specifically, although several have attempted to gain information on the
subject. | |||||