CCPR/CO/71/UZB
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The State party should include more information, in its next report, on the situation of
children held in custody and progress being made in this area. The State party should
enact a new criminal procedure law to deal specifically with juveniles.
22.
While the Committee recognizes the willingness of the State party to cooperate with
some international non-governmental organizations active in human rights issues, it notes that
the State party has not taken up an effective dialogue with national non-governmental human
rights organizations. The legal requirement for registration, subject to the fulfilment of
certain conditions, provided for in article 26 of the Constitution and the Public Associations in
the Republic of Uzbekistan Act of 1991 operates as a restriction on the activities of
non-governmental organizations.
The State party should take the necessary steps to enable the national non-governmental
human rights organizations to function effectively. The Committee recommends that the
State party engage in intensive dialogue with these organizations on the situation in the
country in order to improve the setting in which respect for human rights can be ensured
(article 2 of the Covenant).
23.
The Committee is deeply concerned about excessively restrictive provisions of Uzbek
law with respect to the registration of political parties as public associations, by the Ministry of
Justice (article 6 of the Constitution, Political Parties Act of 1991). This requirement could
easily be used to silence political movements opposed to the Government, in violation of
articles 19, 22 and 25 of the Covenant.
The Committee strongly recommends a revision of the relevant part of the State party’s
legislation to ensure that registration is not used to limit the rights of association
guaranteed by the Covenant.
24.
The Committee is very concerned about provisions of the Freedom of Conscience and
Religion Organizations Act that require religious organizations and associations to be registered
to be entitled to manifest their religion and beliefs. The Committee is also concerned about
article 240 of the Penal Code, which penalizes the failure of leaders of religious organizations to
register their statutes.
The Committee strongly recommends that the State party abolish the said provisions,
which are not in conformity with the provisions of article 18, paragraphs 1 and 3, of the
Covenant. Criminal procedures initiated on the basis of these provisions should be
discontinued and convicted persons pardoned and compensated.
25.
While noting that the State party has established a variety of institutions for monitoring
human rights, such as the Parliamentary Commissioner for Human Rights (Ombudsman), the
Commission for the Observance of Citizen’s Constitutional Rights and Freedoms, the Institute
for Monitoring Current Legislation and the National Centre for Human Rights, the Committee is
concerned that none of these institutions is entirely independent of the executive branch of
government and that their investigative powers do not seem to allow them to take adequate steps
to resolve complaints brought before them.