UZBEKISTAN INDICATES AREAS WHERE HUMAN RIGHTS PROGRESS IS

UNCLAS SECTION 01 OF 04 TASHKENT 000395

SIPDIS SIPDIS
DEPT FOR SCA/CEN AND DRL
USOSCE FOR ELIZABETH KAUFMAN
ASTANA FOR ALMATY/USAID

E.O. 12958: N/A
TAGS: PHUM ELAB KIRF KPAO KTIP PGOV PREF PREL SOCI UZ
SUBJECT: UZBEKISTAN INDICATES AREAS WHERE HUMAN RIGHTS PROGRESS IS
POSSIBLE


1. (SBU) Summary: In a report of Uzbekistan's recent Universal
Periodic Review (UPR) before the United Nations Human Rights
Council (UNHRC),Uzbek officials agreed to several substantive
recommendations from other member states on how to improve its
human rights record. Uzbek officials also announced new
forthcoming human rights-related legislation and stated they would
"study and consider" several other recommendations made by member
states. While talk is cheap (particularly in the UNHRC),Uzbek
officials at least have publicly admitted deficiencies and
committed themselves to making improvements before Uzbekistan's
next UPR in four years. The UPR report also provides an opening
for international interlocutors to further engage the government in
areas where it has agreed to make progress. End summary.



UN HUMAN RIGHTS COUNCILS NOTES IMPROVEMENTS

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2. (U) As reported by the Russian Interfax news agency on March
25, the United Nations Human Rights Council (UNHRC) noted recent
positive steps taken by the Uzbek government during its Universal
Periodic Review (UPR). Over the past year, Uzbek authorities have
increased efforts to combat trafficking-in-persons (TIP),adopted
legislative reforms strengthening defendants' rights, allowed
international observers back into prisons, adopted legal measures
to combat child labor, released several political prisoners, and
abolished the death penalty. The Uzbek government was also cited
for progress in these areas by the U.S. State Department's 2008
Human Rights Report.



UZBEKISTAN AGREES TO SEVERAL SUBSTANTIVE RECOMMENDATIONS

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3. (U) In the UPR report, Uzbek officials agreed to several
substantive recommendations made by UNRC member states touching
upon persistent human rights problems in Uzbekistan, including the
use of child labor during the annual cotton harvest, prison
conditions, and abuses committed by law enforcement personnel.
They also agreed to continue efforts to combat human trafficking,
deepen cooperation with international human rights mechanisms, and
reduce discrimination against persons with disabilities.




4. (U) Most significantly, Uzbek officials agreed to the following
recommendations in the UPR report:



- to "promote legislation in conformity with UNICEF and ILO
standards regarding the rights of the child...[to] effectively
fight against the practice of forced child labor, including by
considering taking specific administrative and penal actions
towards those officials, who in their respective provinces,
facilitate the labor of children in cotton fields...[to]
immediately cease all public support for the employment of children
in cotton harvesting and that the Government publicly condemn and
effectively combat all forms of child labor...[to] ensure regular
inspection of harvesting practices to monitor and guarantee full
compliance with international child labor standards."



- to "improve the conditions of detention...[to] establish

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independent mechanisms for complaints and for monitoring conditions
in places of detention...[to] consider establishing a national
independent mechanism to monitor all places of detention...[to]
continue its efforts, in particular in the area of the juvenile
justice system and access to basic health services, especially in
prisons."



- to "[provide] the necessary training and capacity building to law
enforcement and the members of the judiciary in the area of human
rights...[to] step up existing efforts to implement human rights
education and training across all levels of society."



- to "strengthen inter-ministerial coordination in law enforcement
activities of agencies and implementation of measures to protect
human rights and fundamental freedoms."



- to "continue efforts to combat trafficking in women and children,
by fully implementing the recently passed law of April 2008, on
countering trafficking in persons."



- to "strengthen and deepen interaction with relevant international
human rights mechanisms and continue to engage with them
constructively...[to] continue with international support its
efforts to complete its human rights architecture and to spread
human rights culture in Uzbekistan."



- to "introduce awareness-raising programs aimed at positive
contributions of persons with disabilities together with further
measures to enhance their participation in decision-making
processes."

UZBEK OFFICIALS ANNOUNCE UPCOMING LEGISLATION

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5. (U) In the UPR report, Uzbek officials also announced
forthcoming human rights-related legislation, including:



- a draft law "On guarantees of equal rights and opportunities for
women and men," which is included in the government's legislative
agenda for 2009.



- amendments to the law "On freedom of conscience and religious
organizations."



- amendments to the Labor Code "in accordance with the requirements
of the Convention on the Rights of the Child (ratified by
Uzbekistan) protecting children from performing work that serves as
an obstacle to their education, as well as Paragraph 3 of Article 2
of ILO Convention 138 on the Minimum Age of Labor, according to
which the minimum age of employment should not be below the age of
completion of compulsory school education." (Note: As Uzbekistan
has recently implemented a transition to 12 year mandatory
secondary education, most Uzbek students complete mandatory
schooling at age 18. End note.)

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6. (U) Comment: The UPR report provided no details about the
forthcoming amendments to the law "On freedom of conscience and
religious organizations." We hope the upcoming amendments will
make the law less, not more, restrictive. End comment.



UZBEKISTAN AGREES TO "CONSIDER" OTHER RECOMMENDATIONS

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7. (U) While Uzbek officials outright rejected numerous other
recommendations made by (mostly Western) UNRC member states -
claiming that these recommendations were already addressed, not
part of Uzbekistan's obligations under "international human rights
standards," or based on faulty information - they also agreed to
"study and consider" other substantive recommendations. These
recommendations, which were not outright accepted or rejected by
Uzbek officials, also touch upon long-standing human rights issues
in Uzbekistan, including torture, the treatment of refugees,
cooperation with non-governmental human rights organizations, and
child labor. They include:



- joining the Optional Protocol to the Convention against Torture
(OP-CAT) and establishing a national torture prevention mechanism.



- Modifying its Criminal Code in order to establish a definition on
torture and punishments according to the Convention on Torture, and
to broaden the definition in a way to encompass all cases of
torture committed by persons acting in an official capacity.



- joining the UN Convention relating to the Status of Refugees
(1951).



- strengthening collaboration with national and international civil
society actors, notably by giving general accreditation to major
international human rights organizations.



- Deepening cooperation with the special procedures of the UNRC,
including by extending invitations to special thematic rapporteurs,
including the Special Rapporteurs for torture, freedom of opinion
and expression, and human rights defenders, as well as to
representatives of the Working Group on Arbitrary Detention.



- Implementing labor inspections by qualified professionals with
appropriate funding.



- Ratifying the Rome Statute on establishing the International
Criminal Court.



LIST OF UZBEK OFFICIALS WHO PARTICIPATED AT THE UPR

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8. (U) Many of Uzbekistan's highest-ranking officials responsible
for human rights issues attended the UPR. The Uzbek delegation,
headed by National Human Rights Center Chairman Akmal Saidov,
included:



- Human Rights Ombudswoman Sayyora Rashidova

- Deputy Minister of Justice Esemurat Kanyazov

- Deputy Prosecutor General Alisher Sharafutdinov

- Deputy Interior Minister Abdukarim Shodiyev

- MFA UN and International Organizations Department Head Durbek
Amanov

- MFA Second Secretary Oybek Shakhavdinov



COMMENT

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9. (SBU) While Uzbek officials did not accept all recommendations
made by UNHR member states at the UPR, they accepted several
substantive recommendations in key human rights areas. In the
process, the government publicly admitted (well-publicized)
deficiencies in its human rights record and committed itself to
making improvements over the next four years. The UPR report
provides an opening for international interlocutors to engage the
government in those key areas, including combating child labor;
improving prison conditions; curbing abuses (including torture)
committed by law enforcement; continuing efforts to address human
trafficking; deepening cooperation with international human rights
organizations; and increasing protections for vulnerable
populations, including women, refugees, and persons with
disabilities.




10. (SBU) We should also take the opportunity to urge the Uzbeks
to accept several of the recommendations that it promised to
"consider and study," including joining the Optional Protocol to
the Convention against Torture (OP-CAT),adopting the UN Convention
on Refugees, and inviting thematic Special Rapporteurs to visit
Uzbekistan, all of which would mark steps forward. The United
States should continue to focus our human rights engagement with
the Uzbeks in the key areas outlined above, including through
high-level official visits to Tashkent and offers of assistance,
and encourage other international actors to do likewise. At the
same time, we will continue to urge the government to fully
implement legal reforms. Substantive progress on human rights in
Uzbekistan is likely to take patience and a long-term commitment,
but slow progress is better than none at all. Engagement is much
more likely to produce results than sanctions and isolation.
NORLAND