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ESCR / Statements / Uzbekistan / 2010 / April

Uzbekistan: 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 recommendations
from an alternative report
submitted by OMCT and its national partner to the United Nations Committee Against Torture at its thirty-ninth session
November 2007[1]

I.          Main thrusts of the report
 
The challenge
Human rights violations in Uzbekistan have been the subject of much concern and of many recommendations on the part of the Human Rights Committee, the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of the Child, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women and the Committee against Torture.
 
The Special Rappporteur on torture reported on the serious situation with regard to torture in Uzbekistan after a visit to the country, and non-governmental organisations such as OMCT continually denounce serious violations of human rights there.
 
In its 2003 Common Country Assessment of Uzbekistan, the United Nations Development Group reported on serious violations of human rights and on violence in the country, identified a number of economic, social and cultural root causes and recommended corrective action. Furthermore, organisations such as the European Union and the European Parliament have also called for action to address human rights violations in Uzbekistan.
 
The clear warnings that various governmental and development agency policies would lead to increased violence went unheeded and the preventive recommendations were ignored. The violence, torture and ill-treatment subsequently increased dramatically. The information presented to the Committee shows that little or no improvement has been made and this lack of progress underlines the need to seek additional means of bringing about change.
 
Chapter 1 establishes that torture and cruel, inhuman or degrading treatment or punishment are among the most severe human rights problems facing Uzbekistan. At the root of much torture is the socio-economic situation in the country, where torture and other forms of abuse, including unlawful and arbitrary arrest and detention, are aimed at poor and impoverished groups. Today, these groups constitute the majority of the population of Uzbekistan. In addition, the reports of arrests and ill-treatment often concern human rights defenders fighting for the economic, social and cultural rights of the population, or individuals defending their own economic, social and cultural rights. Violence is also associated with mass displacements of the population and forced evictions, as well as the presence in the cities of informal and illegal workers with no residence permit. The economic situation and the social and cultural conditions are also the reasons behind much violence against women, both at home and in their work environment, and for violence against children.
 
Chapter 2 reviews the United Nations Development Group’s 2003 Common Country Assessment of Uzbekistan, which shows that the neglect of economic, social and cultural rights and the growth in poverty and inequality resulted in increased violence in the country. It also reviews the recommendations contained in the Common Country Assessment, which, if implemented, would go far towards redressing the situation with regard to torture and violence.
 
Chapter 3 examines the economic situation in Uzbekistan in detail and considers the extent to which a wide range of economic, social and cultural rights are respected. It analyses the Government's economic policies and shows that these policies produce poverty and violence in the country. Several case studies are provided as examples. The chapter concludes that there exists a close relationship between poverty, inequality and violence. The difficult economic situation is intensifying social disparities and thus creating a potential opportunity for extremist groups to act out of resentment at perceived social injustice. Additionally, the growing numbers of the unemployed present a threat to social stability and security. The Government is directly violating many of the human rights of the population, using as a pretext the need to protect national security and to combat terrorism. This does not constitute an acceptable justification. Disillusionment with the reform process, growing inequality, citizens’ alienation from the State, and human rights violations may give rise to an unstable social, economic and political environment and in themselves create a threat to security.
 
Chapter 4 contains recommendations based on the report. Since the majority of victims of torture, ill-treatment and other forms of violence, in particular the victims of violence committed by state officials, can be identified in terms of their economic, social and cultural situations and, in particular, their place of residence, it is proposed that preventive measures be established to protect persons at risk of violence based on the areas where they live. This would include establishing focused programmes of economic development and poverty reduction, implementing specific training and educational programmes for officials serving in those areas and establishing a permanent monitoring function there in order to ensure official compliance with legal standards and good practice. In addition, recommendations are made for initiatives in the field of economic, social and cultural rights that are necessary to guarantee the full implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Such initiatives include implementation of the recommendations of the Common Country Assessment and the establishment of a human rights assessment mechanism for all government policies. Further recommendations are made regarding specific measures to address a number of economic, social and cultural rights, the violation of which has a clear impact on torture and ill-treatment.
 
 
II.        Conclusions and recommendations
Conclusions
Torture and cruel, inhuman or degrading treatment or punishment are among the most acute and painful human rights problems facing Uzbekistan and the international community today. There is a clear causal relationship between government policies and practices which result in inequality, poverty, discrimination, torture, ill-treatment and other forms of violence. It is also clear that the poor and marginalised run the highest risk of torture and ill-treatment, directly because of their poverty.
 
The number of cases of torture, extrajudicial killing and other forms of cruel, inhuman or degrading treatment or punishment can be significantly diminished through the adoption of adequate legal, judicial and administrative measures, and better control over the repressive apparatus.
 
However, the current situation in Uzbekistan requires a broader response and more encompassing solutions. Abuses suffered by workers in the informal sector, internal migrant workers, street children and children involved in work activities find their origin in the effects of the ongoing economic crisis. They are due to inadequate health-care and educational systems, increased unemployment and involvement of the labour force in informal-sector activities, lack of adequate and affordable housing and an increase in the number of people who cannot access basic and essential services such as health care and education, all of which are direct consequences of the economic situation.
 
The authorities’ failure to cope with these socio-economic problems and the population’s distress have left the door wide open to various types of abuse, including torture and other cruel, inhuman or degrading treatment or punishment. In a situation of social and economic despair, exploitation and abuse by state agents or private individuals with the acquiescence of the State are common.
 
In this context, protection against torture and other forms of cruel, inhuman or degrading treatment or punishment is unsustainable in the absence of living conditions that guarantee the enjoyment of economic, social and cultural rights. Similarly, reducing poverty and inequality, and the recognition of economic, social and cultural rights have to form part of any attempt to break the vicious circle of brutalisation and repression in Uzbekistan. The eradication of violence against women and the exploitation of children is unattainable without equal access to productive resources and to basic services such as health care and education.  
 
Thus, sustainable protection against torture and other cruel, inhuman or degrading treatment or punishment in Uzbekistan requires the adoption of socio-economic and legislative measures aimed at guaranteeing the enjoyment of economic, social and cultural rights throughout the country. Furthermore, certain violations that have taken place and that are closely related to the issues presented in this report also need to be addressed by the Government in terms of reparation and compensation for the victims.
 
Recommendations
Since the majority of victims of torture, ill-treatment and other forms of violence, in particular victims of violence committed by state officials, can be identified in terms of their economic, social and cultural situations and, in particular, their place of residence, the Committee may wish to recommend to the State party that it take preventive measures to protect those groups, identifying the areas where persons at risk of violence are living, and establish focused programmes of economic development and poverty reduction, implement specific training and educational programmes for officials serving in those areas and establish a permanent monitoring function in those areas to ensure official compliance with legal standards and good practice. These preventive measures should be developed in cooperation with the populations concerned and NGOs in which they have confidence.[2]
 
In addition, the Committee may wish to recommend that the State party, in accordance with article 2 of the Convention against Torture, take initiatives in the area of economic, social and cultural rights necessary to guarantee the full implementation of the Convention. This would include implementing the recommendations of the Common Country Assessment and establishing a human rights assessment mechanism for all government policies. It would also include taking effective measures in order to guarantee the transparency of the national budget and government spending, as well as citizens’ participation in the elaboration, decision-making process and implementation of socio-economic policies.
 
The authorities, as provided for under article 2 of the Convention, should take the following specific measures in the socio-economic realm:
 
Guarantee, through legal, judicial and administrative measures, the justiciability of economic, social and cultural rights;
 
Give particular attention to the situation of the population in rural areas and develop special strategies, policies and programmes aimed at guaranteeing their full enjoyment of economic, social and cultural rights, including the right to work, the right to education and the right to health;
 
Give particular attention to the specific situation of women and develop special strategies, policies and programmes aimed 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 persons working in the informal sector and develop special strategies, policies and programmes aimed at preventing abuses and at extending labour and social protection to this sector;
 
Give particular attention to the problem of street children and develop special strategies, policies and programmes aimed at preventing abuses and ensuring that they are provided with adequate food, clothing, housing, health care and educational opportunities;
 
Prohibit child labour, in particular in the cotton fields and in the agricultural sector;
 
Stop immediately any further action to forcibly displace people from their homes and villages, compensate the individuals already affected by forcible displacement for the loss of their property and the ill-treatment involved and take steps in order to guarantee their return to their place of origin;
 
Stop the practice of forcible and mass population displacement;
 
Pay particular attention to the lack of access to justice for indigent persons, and develop special strategies, 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 and case study” in the interdisciplinary study. 

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Date: April 9, 2010
Activity: Economic, Social and Cultural Rights
Type: Statements
Country: Uzbekistan

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