Committee on the Elimination of Racial Discrimination

Eightieth session

13 February–9 March 2012

Consideration of reports submitted by States parties under article 9 of the Convention

Concluding observations of the Committee on the Elimination of Racial Discrimination: Uzbekistan

Addendum

Information received from Uzbekistan on implementation of the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/UZB/CO/6-7) *

[17 October 2011]

1.Uzbekistan ratified the International Convention on the Elimination of All Forms of Racial Discrimination by Decision No. 129-1 of the Oliy Majlis (Parliament) of 31 August 1995. Since that time, Uzbekistan has made every effort to implement the provisions of the Convention at the national level.

2.In accordance with article 9 of the Convention, Uzbekistan submitted its sixth and seventh periodic reports to the Committee on the Elimination of Racial Discrimination in 2008.

3.The Committee considered the sixth and seventh periodic reports of Uzbekistan (CERD/C/UZB/CO/6-7) at its 2018th and 2019th meetings (CERD/C/SR.2018 and 2019), held on 5 and 6 August 2010. At its 2040th and 2041st meetings (CERD/C/SR.2040 and 2041), held on 20 and 23 August 2010, the Committee adopted its concluding observations (CERD/C/UZB/CO/6-7).

4.The Committee welcomed the comprehensive report submitted in due time by the State party, which was drafted in accordance with the guidelines for the preparation of reports. It also expressed appreciation for the frank and sincere dialogue held with the high-level delegation and the efforts made to provide comprehensive responses to many issues raised in the list of themes and by Committee members during the dialogue.

5.Following the consideration, the Committee’s concluding observations and recommendations were sent for implementation to all the legislative, executive and judicial bodies, the law enforcement agencies and other State bodies.

6.In response to the Committee’s concluding observations, the Ministry of Justice, together with the National Centre for Human Rights, drew up a national plan of action for their implementation on the basis of proposals from around 50 State bodies and non-governmental organizations.

7.The National Plan of Action was approved and, on 31 March 2011, was sent out to the relevant ministries, other State agencies and civil society institutions for implementation.

8.The Plan covers the period to 2012, that is, to the date of submission of Uzbekistan’s eighth and ninth periodic reports, and includes over 40 measures aimed at:

(a)Further improving State policy to prevent racial discrimination and reinforcing the social partnership in that area;

(b)Studying best practice from other countries in the legal regulation of issues related to protection from racial discrimination, with the aim of more thorough implementation of the relevant international standards in domestic legislation;

(c)Promoting awareness-raising, educational and publishing activities to inform citizens and public servants about the Convention and other international instruments, and fostering a culture that recognizes the rights of ethnic minorities in society;

(d)Stepping up monitoring of and social research on the degree to which the Convention is applied by the relevant central and local State bodies;

(e)Improving the systematic collection and analysis of disaggregated data on the situation concerning the rights of the different peoples and ethnic groups who live in Uzbekistan;

(f)Specifying the competences of the legislative, executive and judicial bodies in fulfilling the country’s international obligations to prevent racial discrimination.

9.It should be noted that Uzbekistan has set up a system by which the Ministry of Justice interdepartmental working group to monitor the observance of human rights by law enforcement agencies checks implementation of the measures planned under the National Plan of Action.

10.It is now normal practice in Uzbekistan to hold parliamentary hearings on the implementation of international human rights agreements. In August 2011, in the context of the National Plan of Action, the Committee on democratic institutions, non-governmental organizations and citizens’ self-government bodies of the legislative chamber of the Oliy Majlis held parliamentary hearings to look at implementation of the Convention and of the measures envisaged in the Plan. The Government delegation provided information on the outcome of the Committee’s consideration of Uzbekistan’s sixth and seventh periodic reports.

11.In accordance with article 9, paragraph 1, of the Convention and rule 65 of the Committee’s amended rules of procedure, Uzbekistan submits the information below on its follow-up to the recommendations contained in paragraphs 12 and 15 of the Committee’s concluding observations.

Information on follow-up to the recommendations contained in paragraph 12 of the concluding observations (CERD/C/UZB/CO/6-7)

12.The issue of ratification of the 1951 Convention relating to the Status of Refugees and its Optional Protocol (1967) is currently under examination.

Information on follow-up to the recommendations contained in paragraph 15 of the concluding observations

13.Information from the Supreme Court shows that, in 2010, interpreters were appointed in 2,133 court proceedings (2,080 in 2009) involving persons who did not understand the language in which the criminal or administrative proceedings were being conducted; in 7 of those (3 in 2009), the appointment was on a paid basis; and in 2,126 (2,077 in 2009) on an unpaid basis. The languages concerned were: Kyrgyz: 1 case (6 in 2009); Kazakh: 17 cases (5 in 2009); Tajik: 38 cases (59 in 2009); Turkmen: 7 cases (7 in 2009); Tatar: 5 cases (16 in 2009); Russian: 1,996 cases (1,836 in 2009); English: 3 cases (5 in 2009); other languages: 66 cases (146 in 2009).

14.Interpreters were used on an unpaid basis in 948 civil cases in 2010 and in 1,456 in 2009.

15.Translation was provided as follows in 2010: 9 from Kazakh; 8 from Tajik (9 in 2009); 4 from Tatar; 925 from Russian (1,425 in 2009); 2 from English; and 2 from other languages (20 in 2009).

16.In respect of the Committee’s recommendations on the presentation of data on the ethnicity of detainees in pretrial detention facilities and of prisoners in correctional facilities, all persons held under pretrial investigation or serving sentences in facilities in the penal system, irrespective of racial or ethnic origin, have rights and obligations that depend on the conditions for the specific type of sentence, in accordance with the Constitution and the Penal Enforcement Code.

17.As is known, the Convention does not address issues related to providing specific or special rights for prisoners on the basis of their racial origin.

18.The Ministry of Internal Affairs takes all measures to prevent racial discrimination between prisoners, to promote understanding and tolerance between nations, racial and ethnic groups, and to propagate the principles and purposes of the Charter of the United Nations, the Universal Declaration of Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination.