Uzbekistan
09.04.10
Statements
The Economic, Social and Cultural Root Causes of Torture in UZBEKISTAN; Submission to the European Union in connection with the European Union - Uzbekistan Human Rights Dialogue
Main thrusts and conclusions and recommendationsfrom an alternative report submitted by OMCT and itsnational partner to the United Nations Committee Against Torture at itsthirty-ninth sessionNovember 2007[1]
I. Main thrusts of the report The challengeHuman rights violations inUzbekistan have been the subject of much concern and of many recommendations onthe part of the Human Rights Committee, the Committee on Economic, Social andCultural Rights, the Committee on the Rights of the Child, the Committee on theElimination of Racial Discrimination, the Committee on the Elimination ofDiscrimination against Women and the Committee against Torture. The Special Rappporteur ontorture reported on the serious situation with regard to torture in Uzbekistanafter a visit to the country, and non-governmental organisations such as OMCTcontinually denounce serious violations of human rights there. In its 2003 Common CountryAssessment of Uzbekistan, the United Nations Development Group reported onserious violations of human rights and on violence in the country, identified anumber of economic, social and cultural root causes and recommended correctiveaction. Furthermore, organisations such as the European Union and the EuropeanParliament have also called for action to address human rights violations inUzbekistan. The clear warnings that variousgovernmental and development agency policies would lead to increased violencewent unheeded and the preventive recommendations were ignored. The violence,torture and ill-treatment subsequently increased dramatically. The informationpresented to the Committee shows that little or no improvement has been madeand this lack of progress underlines the need to seek additional means ofbringing about change. Chapter 1 establishes that torture and cruel, inhuman or degradingtreatment or punishment are among the most severe human rights problems facingUzbekistan. At the root of much torture is the socio-economic situation in thecountry, where torture and other forms of abuse, including unlawful andarbitrary arrest and detention, are aimed at poor and impoverished groups.Today, these groups constitute the majority of the population of Uzbekistan. Inaddition, the reports of arrests and ill-treatment often concern human rightsdefenders fighting for the economic, social and cultural rights of thepopulation, or individuals defending their own economic, social and culturalrights. Violence is also associated with mass displacements of the populationand forced evictions, as well as the presence in the cities of informal andillegal workers with no residence permit. The economic situation and the socialand cultural conditions are also the reasons behind much violence againstwomen, both at home and in their work environment, and for violence againstchildren. Chapter 2 reviews the United Nations Development Group’s 2003Common Country Assessment of Uzbekistan, which shows that the neglect ofeconomic, social and cultural rights and the growth in poverty and inequalityresulted in increased violence in the country. It also reviews therecommendations contained in the Common Country Assessment, which, ifimplemented, would go far towards redressing the situation with regard totorture and violence. Chapter 3 examines the economic situation in Uzbekistan in detailand considers the extent to which a wide range of economic, social and culturalrights are respected. It analyses the Government's economic policies and showsthat these policies produce poverty and violence in the country. Several casestudies are provided as examples. The chapter concludes that there exists aclose relationship between poverty, inequality and violence. The difficulteconomic situation is intensifying social disparities and thus creating apotential opportunity for extremist groups to act out of resentment atperceived social injustice. Additionally, the growing numbers of the unemployedpresent a threat to social stability and security. The Government is directlyviolating many of the human rights of the population, using as a pretext theneed to protect national security and to combat terrorism. This does notconstitute an acceptable justification. Disillusionment with the reformprocess, growing inequality, citizens’ alienation from the State, and humanrights violations may give rise to an unstable social, economic and politicalenvironment and in themselves create a threat to security. Chapter 4 contains recommendations based on the report. Since the majority ofvictims of torture, ill-treatment and other forms of violence, in particularthe victims of violence committed by state officials, can be identified interms of their economic, social and cultural situations and, in particular,their place of residence, it is proposed that preventive measures be establishedto protect persons at risk of violence based on the areas where they live. Thiswould include establishing focused programmes of economic development andpoverty reduction, implementing specific training and educational programmesfor officials serving in those areas and establishing a permanent monitoringfunction there in order to ensure official compliance with legal standards andgood practice. In addition, recommendations are made for initiatives in thefield of economic, social and cultural rights that are necessary to guaranteethe full implementation of the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment. Such initiatives includeimplementation of the recommendations of the Common Country Assessment and theestablishment of a human rights assessment mechanism for all governmentpolicies. Further recommendations are made regarding specific measures toaddress a number of economic, social and cultural rights, the violation ofwhich has a clear impact on torture and ill-treatment. II. Conclusionsand recommendationsConclusionsTorture and cruel, inhuman or degrading treatment or punishmentare among the most acute and painful human rights problems facing Uzbekistanand the international community today. There is a clear causal relationshipbetween government policies and practices which result in inequality, poverty,discrimination, torture, ill-treatment and other forms of violence. It is alsoclear that the poor and marginalised run the highest risk of torture andill-treatment, directly because of their poverty. The number of cases of torture, extrajudicial killing and otherforms of cruel, inhuman or degrading treatment or punishment can besignificantly diminished through the adoption of adequate legal, judicial andadministrative measures, and better control over the repressive apparatus. However, the current situation in Uzbekistan requires a broaderresponse and more encompassing solutions. Abuses suffered by workers in theinformal sector, internal migrant workers, street children and childreninvolved in work activities find their origin in the effects of the ongoingeconomic crisis. They are due to inadequate health-care and educationalsystems, increased unemployment and involvement of the labour force ininformal-sector activities, lack of adequate and affordable housing and anincrease in the number of people who cannot access basic and essential servicessuch as health care and education, all of which are direct consequences of theeconomic situation. The authorities’ failure to cope with these socio-economicproblems and the population’s distress have left the door wide open to varioustypes of abuse, including torture and other cruel, inhuman or degradingtreatment or punishment. In a situation of social and economic despair,exploitation and abuse by state agents or private individuals with theacquiescence of the State are common. In this context, protection against torture and other forms ofcruel, inhuman or degrading treatment or punishment is unsustainable in theabsence of living conditions that guarantee the enjoyment of economic, socialand cultural rights. Similarly, reducing poverty and inequality, and therecognition of economic, social and cultural rights have to form part of anyattempt to break the vicious circle of brutalisation and repression inUzbekistan. The eradication of violence against women and the exploitation ofchildren is unattainable without equal access to productive resources and tobasic services such as health care and education. Thus, sustainable protection against torture and other cruel,inhuman or degrading treatment or punishment in Uzbekistan requires theadoption of socio-economic and legislative measures aimed at guaranteeing theenjoyment of economic, social and cultural rights throughout the country.Furthermore, certain violations that have taken place and that are closelyrelated to the issues presented in this report also need to be addressed by theGovernment in terms of reparation and compensation for the victims. RecommendationsSince the majority of victims of torture, ill-treatment andother forms of violence, in particular victims of violence committed by stateofficials, can be identified in terms of their economic, social and culturalsituations and, in particular, their place of residence, the Committee may wishto recommend to the State party that it take preventive measures to protectthose groups, identifying the areas where persons at risk of violence areliving, and establish focused programmes of economic development and povertyreduction, implement specific training and educational programmes for officialsserving in those areas and establish a permanent monitoring function in thoseareas to ensure official compliance with legal standards and good practice.These preventive measures should be developed in cooperation with thepopulations concerned and NGOs in which they have confidence.[2] In addition, the Committee may wish to recommend that the Stateparty, in accordance with article 2 of the Convention against Torture, takeinitiatives in the area of economic, social and cultural rights necessary toguarantee the full implementation of the Convention. This would includeimplementing the recommendations of the Common Country Assessment andestablishing a human rights assessment mechanism for all government policies.It would also include taking effective measures in order to guarantee thetransparency of the national budget and government spending, as well ascitizens’ participation in the elaboration, decision-making process andimplementation of socio-economic policies. The authorities, as provided for under article 2 of theConvention, should take the following specific measures in the socio-economicrealm: Guarantee, through legal, judicial andadministrative measures, the justiciability of economic, social and culturalrights; Give particular attention to the situationof the population in rural areas and develop special strategies, policies andprogrammes aimed at guaranteeing their full enjoyment of economic, social andcultural rights, including the right to work, the right to education and theright to health; Give particular attention to the specificsituation of women and develop special strategies, policies and programmesaimed at ensuring their access to capital and other productive resources,including land, as well as to educational, employment and social opportunities;. Give particular attention to personsworking in the informal sector and develop special strategies, policies andprogrammes aimed at preventing abuses and at extending labour and socialprotection to this sector; Give particular attention to the problem ofstreet children and develop special strategies, policies and programmes aimedat preventing abuses and ensuring that they are provided with adequate food,clothing, housing, health care and educational opportunities; Prohibit child labour, in particular in thecotton fields and in the agricultural sector; Stop immediately any further action toforcibly displace people from their homes and villages, compensate theindividuals already affected by forcible displacement for the loss of theirproperty and the ill-treatment involved and take steps in order to guaranteetheir return to their place of origin; Stop the practice of forcible and masspopulation displacement; Pay particular attention to the lack of access to justice forindigent persons, and develop specialstrategies, policies and programmes aimed at ensuring their equal access to justice; Abolish the propiska system.
[1]The full text of the report is available from OMCT Geneva. [2]See the case study “The village” in chapter 4, “Argentina: country profile andcase study” in the interdisciplinary study.
I. Main thrusts of the report The challengeHuman rights violations inUzbekistan have been the subject of much concern and of many recommendations onthe part of the Human Rights Committee, the Committee on Economic, Social andCultural Rights, the Committee on the Rights of the Child, the Committee on theElimination of Racial Discrimination, the Committee on the Elimination ofDiscrimination against Women and the Committee against Torture. The Special Rappporteur ontorture reported on the serious situation with regard to torture in Uzbekistanafter a visit to the country, and non-governmental organisations such as OMCTcontinually denounce serious violations of human rights there. In its 2003 Common CountryAssessment of Uzbekistan, the United Nations Development Group reported onserious violations of human rights and on violence in the country, identified anumber of economic, social and cultural root causes and recommended correctiveaction. Furthermore, organisations such as the European Union and the EuropeanParliament have also called for action to address human rights violations inUzbekistan. The clear warnings that variousgovernmental and development agency policies would lead to increased violencewent unheeded and the preventive recommendations were ignored. The violence,torture and ill-treatment subsequently increased dramatically. The informationpresented to the Committee shows that little or no improvement has been madeand this lack of progress underlines the need to seek additional means ofbringing about change. Chapter 1 establishes that torture and cruel, inhuman or degradingtreatment or punishment are among the most severe human rights problems facingUzbekistan. At the root of much torture is the socio-economic situation in thecountry, where torture and other forms of abuse, including unlawful andarbitrary arrest and detention, are aimed at poor and impoverished groups.Today, these groups constitute the majority of the population of Uzbekistan. Inaddition, the reports of arrests and ill-treatment often concern human rightsdefenders fighting for the economic, social and cultural rights of thepopulation, or individuals defending their own economic, social and culturalrights. Violence is also associated with mass displacements of the populationand forced evictions, as well as the presence in the cities of informal andillegal workers with no residence permit. The economic situation and the socialand cultural conditions are also the reasons behind much violence againstwomen, both at home and in their work environment, and for violence againstchildren. Chapter 2 reviews the United Nations Development Group’s 2003Common Country Assessment of Uzbekistan, which shows that the neglect ofeconomic, social and cultural rights and the growth in poverty and inequalityresulted in increased violence in the country. It also reviews therecommendations contained in the Common Country Assessment, which, ifimplemented, would go far towards redressing the situation with regard totorture and violence. Chapter 3 examines the economic situation in Uzbekistan in detailand considers the extent to which a wide range of economic, social and culturalrights are respected. It analyses the Government's economic policies and showsthat these policies produce poverty and violence in the country. Several casestudies are provided as examples. The chapter concludes that there exists aclose relationship between poverty, inequality and violence. The difficulteconomic situation is intensifying social disparities and thus creating apotential opportunity for extremist groups to act out of resentment atperceived social injustice. Additionally, the growing numbers of the unemployedpresent a threat to social stability and security. The Government is directlyviolating many of the human rights of the population, using as a pretext theneed to protect national security and to combat terrorism. This does notconstitute an acceptable justification. Disillusionment with the reformprocess, growing inequality, citizens’ alienation from the State, and humanrights violations may give rise to an unstable social, economic and politicalenvironment and in themselves create a threat to security. Chapter 4 contains recommendations based on the report. Since the majority ofvictims of torture, ill-treatment and other forms of violence, in particularthe victims of violence committed by state officials, can be identified interms of their economic, social and cultural situations and, in particular,their place of residence, it is proposed that preventive measures be establishedto protect persons at risk of violence based on the areas where they live. Thiswould include establishing focused programmes of economic development andpoverty reduction, implementing specific training and educational programmesfor officials serving in those areas and establishing a permanent monitoringfunction there in order to ensure official compliance with legal standards andgood practice. In addition, recommendations are made for initiatives in thefield of economic, social and cultural rights that are necessary to guaranteethe full implementation of the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment. Such initiatives includeimplementation of the recommendations of the Common Country Assessment and theestablishment of a human rights assessment mechanism for all governmentpolicies. Further recommendations are made regarding specific measures toaddress a number of economic, social and cultural rights, the violation ofwhich has a clear impact on torture and ill-treatment. II. Conclusionsand recommendationsConclusionsTorture and cruel, inhuman or degrading treatment or punishmentare among the most acute and painful human rights problems facing Uzbekistanand the international community today. There is a clear causal relationshipbetween government policies and practices which result in inequality, poverty,discrimination, torture, ill-treatment and other forms of violence. It is alsoclear that the poor and marginalised run the highest risk of torture andill-treatment, directly because of their poverty. The number of cases of torture, extrajudicial killing and otherforms of cruel, inhuman or degrading treatment or punishment can besignificantly diminished through the adoption of adequate legal, judicial andadministrative measures, and better control over the repressive apparatus. However, the current situation in Uzbekistan requires a broaderresponse and more encompassing solutions. Abuses suffered by workers in theinformal sector, internal migrant workers, street children and childreninvolved in work activities find their origin in the effects of the ongoingeconomic crisis. They are due to inadequate health-care and educationalsystems, increased unemployment and involvement of the labour force ininformal-sector activities, lack of adequate and affordable housing and anincrease in the number of people who cannot access basic and essential servicessuch as health care and education, all of which are direct consequences of theeconomic situation. The authorities’ failure to cope with these socio-economicproblems and the population’s distress have left the door wide open to varioustypes of abuse, including torture and other cruel, inhuman or degradingtreatment or punishment. In a situation of social and economic despair,exploitation and abuse by state agents or private individuals with theacquiescence of the State are common. In this context, protection against torture and other forms ofcruel, inhuman or degrading treatment or punishment is unsustainable in theabsence of living conditions that guarantee the enjoyment of economic, socialand cultural rights. Similarly, reducing poverty and inequality, and therecognition of economic, social and cultural rights have to form part of anyattempt to break the vicious circle of brutalisation and repression inUzbekistan. The eradication of violence against women and the exploitation ofchildren is unattainable without equal access to productive resources and tobasic services such as health care and education. Thus, sustainable protection against torture and other cruel,inhuman or degrading treatment or punishment in Uzbekistan requires theadoption of socio-economic and legislative measures aimed at guaranteeing theenjoyment of economic, social and cultural rights throughout the country.Furthermore, certain violations that have taken place and that are closelyrelated to the issues presented in this report also need to be addressed by theGovernment in terms of reparation and compensation for the victims. RecommendationsSince the majority of victims of torture, ill-treatment andother forms of violence, in particular victims of violence committed by stateofficials, can be identified in terms of their economic, social and culturalsituations and, in particular, their place of residence, the Committee may wishto recommend to the State party that it take preventive measures to protectthose groups, identifying the areas where persons at risk of violence areliving, and establish focused programmes of economic development and povertyreduction, implement specific training and educational programmes for officialsserving in those areas and establish a permanent monitoring function in thoseareas to ensure official compliance with legal standards and good practice.These preventive measures should be developed in cooperation with thepopulations concerned and NGOs in which they have confidence.[2] In addition, the Committee may wish to recommend that the Stateparty, in accordance with article 2 of the Convention against Torture, takeinitiatives in the area of economic, social and cultural rights necessary toguarantee the full implementation of the Convention. This would includeimplementing the recommendations of the Common Country Assessment andestablishing a human rights assessment mechanism for all government policies.It would also include taking effective measures in order to guarantee thetransparency of the national budget and government spending, as well ascitizens’ participation in the elaboration, decision-making process andimplementation of socio-economic policies. The authorities, as provided for under article 2 of theConvention, should take the following specific measures in the socio-economicrealm: Guarantee, through legal, judicial andadministrative measures, the justiciability of economic, social and culturalrights; Give particular attention to the situationof the population in rural areas and develop special strategies, policies andprogrammes aimed at guaranteeing their full enjoyment of economic, social andcultural rights, including the right to work, the right to education and theright to health; Give particular attention to the specificsituation of women and develop special strategies, policies and programmesaimed at ensuring their access to capital and other productive resources,including land, as well as to educational, employment and social opportunities;. Give particular attention to personsworking in the informal sector and develop special strategies, policies andprogrammes aimed at preventing abuses and at extending labour and socialprotection to this sector; Give particular attention to the problem ofstreet children and develop special strategies, policies and programmes aimedat preventing abuses and ensuring that they are provided with adequate food,clothing, housing, health care and educational opportunities; Prohibit child labour, in particular in thecotton fields and in the agricultural sector; Stop immediately any further action toforcibly displace people from their homes and villages, compensate theindividuals already affected by forcible displacement for the loss of theirproperty and the ill-treatment involved and take steps in order to guaranteetheir return to their place of origin; Stop the practice of forcible and masspopulation displacement; Pay particular attention to the lack of access to justice forindigent persons, and develop specialstrategies, policies and programmes aimed at ensuring their equal access to justice; Abolish the propiska system.
[1]The full text of the report is available from OMCT Geneva. [2]See the case study “The village” in chapter 4, “Argentina: country profile andcase study” in the interdisciplinary study.