VZCZCXRO3285
RR RUEHDBU RUEHIK RUEHLN RUEHPOD RUEHSK RUEHVK RUEHYG
DE RUEHNT #0395/01 0890422
ZNR UUUUU ZZH
R 300423Z MAR 09
FM AMEMBASSY TASHKENT
TO RUEHC/SECSTATE WASHDC 0662
INFO CIS COLLECTIVE
NATO EU COLLECTIVE
RHEFDIA/DIA WASHINGTON DC
RHEHAAA/NSC WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RUEHGV/USMISSION GENEVA 0151
RUEHIL/AMEMBASSY ISLAMABAD 0209
RUEHKA/AMEMBASSY DHAKA 0169
RUEHKT/AMEMBASSY KATHMANDU 0166
RUEHLM/AMEMBASSY COLOMBO 0169
RUEHNE/AMEMBASSY NEW DELHI 0200
RUEHNT/AMEMBASSY TASHKENT
RUEHVEN/USMISSION USOSCE 0161
RUEKJCS/SECDEF WASHDC

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 
 
------------------------------------------- 
 
 
 
¶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 
 
--------------------------------------------- ----------- 
 
 
 
¶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 
 
TASHKENT 00000395  002 OF 004 
 
 
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 
 
--------------------------------------------- 
 
 
 
¶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.) 
 
TASHKENT 00000395  003 OF 004 
 
 
¶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 
 
--------------------------------------------- -------- 
 
 
 
¶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 
 
TASHKENT 00000395  004 OF 004 
 
 
--------------------------------------------- ------ 
 
 
 
¶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 
 
------- 
 
 
 
¶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