KINDER, GENTLER HUMAN RIGHTS MESSAGE GREETS DAS

C O N F I D E N T I A L SECTION 01 OF 03 TASHKENT 000353

SIPDIS

SIPDIS

DEPT FOR SCA/CEN, DRL, DRL/IRF, INR/REA, AND INR/B

E.O. 12958: DECL: 03/05/2017
TAGS: PREL PHUM PGOV PINR US UZ
SUBJECT: KINDER, GENTLER HUMAN RIGHTS MESSAGE GREETS DAS
FEIGENBAUM

Classified By: AMB. JON R. PURNELL, FOR REASONS 1.4 (B, D)


1. (C) Summary: Uzbekistan's leading human rights and
religious affairs officials greeted SCA DAS Evan Feigenbaum
on March 1 with a warmer and more conciliatory tone, but in
substance their message was unchanged. The State Advisor for
Religious Affairs, Bakhrom Abdukhalimov, an academic by
background, described his work as very interesting from a
scholarly point of view, and then read talking points stating
the Government's well-worn views on religious freedom. He
did not, however, debate the U.S. decision to designate
Uzbekistan as a country of particular concern. Human Rights
Ombudsman Sayyora Rashidova offered a more dynamic discussion
of the various issues that divide U.S. and Uzbek views on
human rights. Both officials acknowledged our significant
differences, but expressed the hope for productive dialogue
in the future. The bitter debate and Uzbek recriminations
over the 2005 Andijon violence was absent from the
discussions, but remained in the background. End summary.

ABDUKHALIMOV: "I FIND THIS WORK VERY INTERESTING."
-------------- --------------


2. (C) SCA DAS Evan Feigenbaum's March 1 meeting with State
Advisor on Religious and Interethnic Affairs Bakhrom
Abdukhalimov was the first by a U.S. official since
Abdukhalimov's appointment on December 4, 2006. (Note: His
predecessor, Shoazim Minovarov, was removed from the job
after only a few months; Embassy contacts believed the
dismissal was related to Uzbekistan's designation in November
as a Country of Particular Concern for religious freedom.
End note.) Abdukhalimov, a soft-spoken scholar of Arabic
philology and Islamic and Central Asian history, previously
served as the director of the Research Institute of Oriental
Studies in Tashkent, Uzbekistan's leading institute of Middle
Eastern and Central Asian studies. He referred frequently to
his deep interest in Islamic and Central Asian history. He
is proficient in English, and conducted much of the meeting
without translation.


3. (C) Abdukhalimov said that the Government strives to
create conditions for peaceful relations among Uzbekistan's
over 130 ethnic groups. He said the Government had
established over 100 cultural centers for various ethnicities
to promote their languages and traditions. Then, reading
from prepared notes, he reviewed statistics on Uzbekistan's
religious communities and assertions about the peaceful
coexistence of many faiths. He specifically highlighted the
fact that the Pentecostal Church and Jehovah's Witnesses are
registered in Uzbekistan, noting that Jehovah's Witnesses are
banned in many other Muslim countries. "There are no limits
or impediments to law-abiding religious groups," he said. He
pointed out, however, that Uzbek law prohibits proselytizing
and unlicensed religious teaching. He did not raise the
issue of the U.S. decision to designate Uzbekistan as a
country of particular concern.


4. (C) DAS Feigenbaum acknowledged the tolerant nature of the
Uzbek people, the growth in religious practice since
independence, and the leadership's concerns about terrorism
and the need to curb religious extremism. But he then
discussed four areas of concern which, he added, could serve
as a basis for ongoing dialogue: legal restrictions on
religious freedom, government policy banning certain
religious practices like proselytism, limitations on
religious education, and prosecution of members of certain
religious groups. Without responding specifically to any of
these points, Abdukhalimov said that he looked forward to
further dialogue. He then returned to discussing the
scholarly aspects of his work. "I have been in my job only
three months, and am still feeling my way," he said. "As a
historian, I find this work very interesting."

RASHIDOVA: "WE HAVE PROBLEMS IMPLEMENTING OUR LAWS."
-------------- --------------


5. (C) A smiling Sayyora Rashidova, the national Human Rights
Ombudsman, welcomed DAS Feigenbaum into her reception chamber
at the national Parliament building. After a brief overview
of the activities of her office, she focused on two aspects:
addressing public complaints and cooperating with government

TASHKENT 00000353 002 OF 003


agencies to resolve larger issues. She admitted that not all
intra-governmental relations were smooth: "The Ministries
understand our work," she said. "We have more problems with
the justice system." She noted that her office may request
documents relating to court cases in which human rights
violations have been alleged, but that courts are not always
cooperative.


6. (C) DAS Feigenbaum said that, while universal principles
of human rights are enshrined in Uzbek law, the United States
has concerns about their implementation. Rashidova agreed.
"The Government tries to create conditions for peaceful
development. But we are not always satisfied with the
implementation of our laws." As an example, she noted the
abolition of capital punishment and the introduction of
judicial oversight over arrest and pre-trial detention. Both
are due to take effect at the beginning of 2008. "We need to
create new mechanisms to implement these laws," she said.
"It will not be easy." She noted problems in implementing a
new law on property-owners' rights. "After two years, there
are still complaints from the public about implementation of
this law," she said, which have prompted a full review by her
office. "If you have any ideas or suggestions on how to
support us in this process, we would welcome them."


7. (C) Rashidova commented disparagingly on many
"self-declared human rights defenders" who come to her office
seeking to defend their own interests. She said that the law
is not clear on who may be considered a human rights
defender. She noted also that when she hears individual
complaints, she may review up to two dozen cases per day, of
which only a few may involve a true violation of rights. She
said, "I spend hours of my time working as an unpaid legal
consultant."


8. (C) Rashidova said that, like many outside observers, her
office is concerned with treatment of detainees and
allegations of torture, and has begun establishing a network
of prison ombudsmen to monitor treatment of prisoners and
examine torture allegations. Each month, she said, she
visits a pre-trial detention facility or a prison. She
emphasized that this is not a one-sided project: the Internal
Affairs Ministry's penal authority is interested in it and is
actively cooperating.


9. (C) DAS Feigenbaum noted U.S. concerns about political
rights; Rashidova explained that the Uzbek Parliament is
developing a new law on political parties to energize
parties' role in political life. In response to the question
whether parties would find it easier to register as a result,
Rashidova said simply: "That is an issue of implementation
mechanisms. Parties should apply for registration. We have
no limitations." (Note: No opposition political groups are
registered in Uzbekistan, despite many applications by
various groups. End note.)


10. (C) Rashidova stressed that law should correspond to the
society in which it is applied. As an example, she said that
one of the Central Asian republics (she did not specify
which) has an Ombudsman law that is as strong as Sweden's;
however, it does not function at all, because the society in
which it is being implemented is not Swedish. "Laws should
anticipate future development," she said, "but many laws do
not correspond to today's realities."


11. (C) In the context of individual cases of concern to the
United States, Feigenbaum raised U.S. concern about Human
Rights Watch local staffer Umida Niyazova, who awaits trial
in a Tashkent detention center, as well as detainees who have
reportedly been subjected to forced psychiatric treatment.
He also noted "certain events" (i.e., the Andijon violence of
2005) which continue to strain relations and which the United
States could not forget. Rashidova acknowledged these
issues, but did not comment on them. Regarding the
Department's forthcoming annual Human Rights Report, he noted
that there will surely be areas of the report with which
Uzbek officials would disagree, and that this should come as
no surprise. Rashidova answered, smiling, "We long ago
ceased to be surprised by your reports."

COMMENT: A WARMER TONE, BUT AN UNCHANGED MESSAGE

TASHKENT 00000353 003 OF 003


-------------- ---


12. (C) While both Rashidova and Abdukhalimov brought a
warmer tone to these meetings and indicated a desire to
continue dialogue, the substance of their message remained
essentially unchanged. Abdukhalimov is in a powerful
position. He has direct access to the President, and his
predecessors were reputed to have been driving forces behind
several of the Government's restrictive policies toward
religious groups. If he remains in office and lends a
sympathetic ear to moderate voices, he could effect some
relaxing of the Government's currently antagonistic policies
on religion. Rashidova has much less authority to influence
policy or law enforcement, and she rarely deals with issues
of any political sensitivity.


13. (U) DAS Feigenbaum cleared this cable.

PURNELL