COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS THE REPORT OF UZBEKISTAN

The Committee on the Elimination of Discrimination against Women today considered the fifth periodic report of Uzbekistan on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.

Akmal Saidov, Director of the National Human Rights Centre of Uzbekistan, presenting the report, stated that Uzbekistan was consistently promoting the rights of women, taking into consideration international law and the mentality and traditions of the Uzbek people. In 2015, approximately 60 per cent of the Government’s expenses had been dedicated to social expenditure. The Government had adopted legislative, administrative, institutional, economic, monitoring and other measures to realize the provisions of the Convention and the Committee’s recommendations. In order to improve the representation of women in politics, a law on elections had been adopted, providing for a 30 per cent quota for women. A system of monitoring compliance with human rights, including women’s rights, was successfully functioning in Uzbekistan. In recent years, Uzbekistan had adopted additional measures to improve the institutional basis for protecting women’s rights, including the establishment of an expert group to monitor the National Action Plan in the framework of the Convention.

In the ensuing discussion, Experts asked about the lack of laws on domestic and gender-based violence and on gender equality. They raised questions about the existence and functioning of the national mechanism on women’s rights, the status and powers of the Women’s Committee, steps taken to combat forced labour and trafficking in human beings, and combatting negative gender stereotypes in education and the media. Questions were also raised on alleged cases of forced sterilization and the existence of female genital mutilation in Uzbekistan. Experts wanted to know about the case of Mutabar Tadjibayeva, a human rights defender who was reported to have been forcefully sterilized. Other issues discussed included the return of women to the labour market after being at home, underrepresentation of women in the Government, Parliament and the diplomatic service, as well as the low rates of girls in certain fields of study.

In concluding remarks, Mr. Saidov thanked the Committee for the close attention paid to Uzbekistan and the Experts’ constructive and open approach. He thanked the Experts for their sincere, open criticism. The important thing was that there was mutual trust and good faith. In the light of the Sustainable Development Goals, Uzbekistan would be taking further steps on a wider ranging gender policy.

The delegation of Uzbekistan included representatives of the National Human Rights Centre, Ministry of Health, Ministry of Justice, Ministry of Internal Affairs, Women’s Committee, Office of the Prosecutor General and the Permanent Mission of Uzbekistan to the United Nations Office at Geneva.

The Committee will next meet in public on Thursday, 5 November, at 10 a.m. to start its consideration of the combined second and third periodic report of the United Arab Emirates (CEDAW/C/ARE/2-3).

Report

The fifth periodic report of Uzbekistan can be read here: CEDAW/C/UZB/5.

Presentation of the Report

AKMAL SAIDOV, Director of the National Human Rights Centre of Uzbekistan, said that Uzbekistan had been the first among the Central Asian republics to ratify the Convention. Thirty-two State entities and 25 non-governmental organizations had taken part in the preparation of the current report. Uzbekistan was consistently promoting the rights of women, taking into consideration international law as well as the mentality and traditions of the Uzbek people. The strategic reform programme had been presented by President Karimov in 2010, which had provided a major impetus for the strengthening of civil society and further liberalization of the State. Uzbekistan had achieved many of the Millennium Development Goals, including access to universal education, reducing maternal and child mortality, and combatting poverty. Uzbekistan had now started to develop sets of targets for the Sustainable Development Goals.

Significant measures had been introduced to improve the situation of women in the political, economic, social and cultural spheres of society. In 2015, approximately 60 per cent of the Government’s expenses had been dedicated to social expenditure. One of the main priorities remained strengthening the health of women. The number of children born with developmental disorders had decreased by 1.3 times, while over the past 10 years, life expectancy had significantly increased among both women and men and now stood at 75 and 73, respectively. Uzbekistan had also achieved universal literacy.

Legislation guaranteeing equal rights and opportunities had been adopted and institutions to monitor human rights, including women’s rights, had been established. The Government had adopted legislative, administrative, institutional, economic, monitoring and other measures to realize the provisions of the Convention and the Committee’s recommendations. In order to improve the representation of women in politics, a law on elections had been adopted, providing for a 30 per cent quota for women. Since the 2014 election, there had been 24 women out of 150 Members of Parliament. A number of changes had been made in the existing legislation to provide for the protection of women from violence, including domestic violence. Measures had been undertaken to improve the media landscape. There was a dynamic development of partnerships between State agencies and the civil sector with regard to the protection of the rights of women, children and families. There were more than 8,200 active non-governmental organizations in Uzbekistan, a 50 per cent increase since 2010.

In order to implement the concluding observations of the Committee, an inter-departmental working group had been formed, which included representatives of civil society. A system of monitoring compliance with human rights, including women’s rights, was successfully functioning in Uzbekistan. In recent years, Uzbekistan had adopted additional measures to improve the institutional basis for protecting women’s rights, including the establishment of an expert group to monitor the National Action Plan in the framework of the Convention. The State party had also undertaken numerous measures to improve human rights education and increase overall awareness on human rights, in cooperation with a number of international partners. The www.lex.uz database gave citizens quick and free access to the country’s legislation, in Uzbek and Russian.

Mr. Saidov informed that, thus far, Uzbekistan had submitted more than 35 reports to the United Nations treaty bodies. The country also closely cooperated with the Human Rights Council and the Special Procedures. The second report of Uzbekistan under the Universal Periodic Review had been considered in September 2013. Like many other countries in the world, Uzbekistan had experienced consequences of the economic recession, which had particularly affected vulnerable groups in society. Uzbekistan’s location in Central Asia meant that it was exposed to instability stemming from Afghanistan, and religious extremism was a challenge that the State had to deal with. The production and consumption of drugs had increased in recent years, and many drug cartels were very active in Central Asia, representing another serious challenge.

Questions by Experts

An Expert said that the Committee regretted that no civil sector representative was attending the current session and no shadow report had been submitted.

Many concerns raised in 2010 were still topical in 2015. Was there an intention to develop a national action plan on the implementation of the Committee’s recommendations? Had Parliament had a chance to familiarize itself with the earlier recommendations?

Why was the process of domestication taking so long, and what were the real obstacles, the Expert inquired? There were also delays in the adoption of a law on equality between men and women.

What concrete measures had been taken by the Government to strengthen the promotion and protection of human rights? There was a recommendation in place that a national human rights institution be established in accordance with the Paris Principles. What was the status of the draft law on gender equality?

The Expert also asked how well known the Convention was in Uzbekistan, especially among the Government leaders. The delegation was requested to clarify why as many as 12 Special Procedure holders had not been allowed to visit the country.

Questions were also asked about the development of a mechanism on collecting gender-desegregated statistics and the status of the Optional Protocol.

Another Expert inquired about the principle of accountability. When blockages and drawbacks were identified, what was done?

Replies by the Delegation

The delegation said it could not agree with the point on the non-representation of non-governmental organizations. As far as the delegation knew, three organizations had prepared shadow reports, which should have been made available to the Committee. The delegation could also not agree with the claim on alleged intimidation of non-governmental organizations.

Previous concluding observations by the Committee had been heard by both houses of Parliament, whose members had asked numerous questions. In line with the recommendations, gender perspectives had been introduced in schools and laws which were being drafted.

Some countries, including Uzbekistan, had separate legislative acts on gender equality. There were procedures for considering laws, as all drafts were considered by both parliamentary committees and experts in respective areas. The delegation explained that not a single provision of the Convention had been left out of the national legislation. Uzbek judges and law enforcement bodies applied those standards indirectly. The law on gender equality was in the draft stage, and Parliament would decide when to adopt it.

The institution of Ombudsman had existed in Uzbekistan since 1995, the delegation explained.

When the Government believed it was necessary, it would invite Special Rapporteurs; it was a matter of sovereignty, the delegation stressed.

Regarding statistics, the Government had developed a special site focused on gender issues. Gender statistics was fully kept.

Uzbekistan had ratified about 70 international instruments up until now. Implementation was the more difficult part, which was why Uzbekistan was very cautious before ratifying new instruments, including the Optional Protocol. It was currently being assessed.

Awareness-raising activities were carried out amongst the State bodies; seminars and lectures were held for women, youth, civil society and local authorities, including in rural areas. Special attention was paid to women’s non-governmental organizations. Thousands of copies of the Convention had been published and distributed in Uzbek and Russian.

The Women’s Committee of Uzbekistan was a State body keeping track of all activities undertaken vis-à-vis women. It dealt with national plans of action and organized expert meetings. Quarterly progress monitoring was conducted, including through the regional networks of women’s committees.

Monitoring was not done for the sake of monitoring, the delegation said, but its findings led to making necessary changes.

Questions by Experts

An Expert asked whether there was one strategic national plan in place on the implementation of provisions on gender equality. Clarification was sought about the number of current national action plans.

The issue of mainstreaming was also raised. For that to happen, effective coordination of all actors in the national machinery was necessary. What were the main elements of the national machinery in Uzbekistan?

The Expert inquired about special temporary measures, which still seemed to be misunderstood by both the Government and civil sector. Were such measures being developed in any area of public or private life?

More details were asked about the role and responsibilities of the Women’s Committee.

Replies by the Delegation

Uzbekistan did have a strategy on gender equality, and protecting women’s rights was one of the Government’s priorities. Five core elements of the State party’s approach were: the legislative aspect; the institutional element; education and awareness raising; monitoring; and international cooperation.

There were currently 11 national plans of action in place, for implementing recommendations of the 10 treaty bodies and the Universal Periodic Review. Gender issues were included in all of those plans. Particular attention was paid to accountability.

The Women’s Committee had been created in 1991 and was the main body in charge of promoting and protecting the rights of women. It was formally a non-governmental organization. Deputies at all levels of Government (Ministers, Mayors, Governors) dealt with women’s issues, so the Committee was directly involved in decision-making. The percentage of funding for gender-related issues had gradually increased in recent years. The Committee worked closely with a number of social organizations, which was a good example of social partnership. The experience of Uzbekistan was unique in that regard.

Recommendations had been developed for certain special temporary measures to be deployed. A plan of action for their introduction had been prepared. There were recommendations to increase quotas for women in the Parliament, the Cabinet and the diplomatic service. A number of sectorial laws could also be introduced.

Questions by Experts

An Expert asked about the existing practices and stereotypes on the roles of men and women in the household and all spheres of life. The issues of stereotyping of girls and the consequent problem of discrimination were also raised. What was being done to change negative stereotypes and practices?

What was the role of education and the media in changing the existing stereotypes, the Expert asked.

The Committee found it disturbing that domestic violence was often considered as a family matter rather than crime, which was why it was often underreported. Official denial and the culture of silence led to the culture of impunity, an Expert stressed. There was a very limited use of protection orders.

The delegation was asked to indicate some of the content of the draft law on violence against women – did it include mental and physical violence, early and forced marriages and bride kidnappings? Would marital rape be considered a criminal offence?

There were indications that female genital mutilation was gaining ground – could the delegation comment?

Replies by the Delegation

All branches of the Government were indeed responsible for the implementation of the Convention. Parliament exercised oversight of the implementation of a number of international treaties, including the Convention. Parliament would certainly be informed how important the adoption of a law on gender equality was to the Committee.

There was no female genital mutilation in Uzbekistan, the delegation informed. Circumcision, an Islamic practice, was in place for Muslim men.

Rape by a husband was an aggravating factor when there was a case of rape.

In Uzbekistan, unlike in Europe, the absolute majority of the Roma had the country’s citizenship.

The Government’s efforts focused on promoting equality between men and women; improving the employment situation and helping women in employment; and the participation of women in political and social life. Access to primary education was equal for boys and girls; the proportion of women in employment had increased to 46 per cent; and the proportion of women in political life had also improved.

Regarding early marriages, the delegation said that the Criminal Code had provisions for punishing violations of the marriageable age.

On the draft law preventing domestic violence, the delegation explained that its main purpose was to ensure that family relations were settled at that level, while the Government and civil society had all provided input to the bill. Violence in the family could be economic, mental or physical. The emphasis of the law would be on prevention. Warnings and restrictions, including restraining orders, against violators were previsioned. A database on violence against women was in place.

Currently, Uzbekistan was implementing a programme on improving the overall health of the population, particularly focusing on child and maternal health, including in rural areas.

Questions by Experts

What were the sources of financing for victims of human trafficking, an Expert asked.

She also raised the issue of forced labour in cotton harvesting periods. What was the role of the fund established to support those who were forced to work in the fields? Were those compelling women to engage in forced labour held accountable?

The delegation was asked to provide information about the prevalence of prostitution, and what the Government was doing in that regard.

In the absence of a law on domestic or gender-based violence, an Expert said that there was no effective data on both fatal and non-fatal incidents, and punitive and protective measures. That was why a proper legal framework was necessary. What concrete measures were being taken to ensure that domestic violence cases were reported?

The Expert brought up the case of a human rights activist who claimed to have been forcefully sterilized.

A question was asked about the reinforcement of stereotypes of women as mothers only.

Replies by the Delegation

Uzbekistan was developing constructive cooperation with the International Labour Organization, which was helping Uzbekistan address the issues of child labour during cotton harvests. ILO experts had noted that the use of child labour in Uzbekistan was not systematic. Recently, the issue of forced labour had been raised more frequently, and Uzbekistan was cooperating with the International Labour Organization in that regard as well.

Citizens helped identify possible victims of human trafficking; when they came to report their injuries to health centres, they could also be recognized as such. Relevant labour inspectors could also notice signs that someone was a victim. The law stated that victims of trafficking should be placed in rehabilitation centres, where women, men and children were separated.

One of the fundamental principles in combatting trafficking was that of social partnership, the delegation said. The Women’s Committee was also involved in educational activities in that regard, and worked with the families and the victims. Women were given legal, medical and psychosocial assistance, as well as help with employment opportunities. Uzbekistan was a country of origin, rather than destination.

When there was no clear definition or law on domestic violence, it was admittedly more difficult to fight it. The issue was covered by a number of different codes, which provided for penalties. Relying exclusively on such a law would, nonetheless, be illusory.

The delegation asked for precise details on the alleged cases of forced sterilization. Such practice could take place in medical institutions only under very specific circumstances. Over the past three years, there had been no cases of forced sterilizations of women.

There was only one national Ombudsman, with his representatives in each of the country’s 14 regions. There was no specialization within the Ombudsman’s institution.

The delegation explained that women prisoners were kept separately from men; juvenile prisoners were kept apart from grown-ups and first-time offenders separately from repeat offenders. Once a week, prisoners were given fresh sheets and an opportunity to bathe. Medical treatment was provided whenever there were infections or diseases. Women’s wards had special hygiene wards, in line with prescribed standards. The Ombudsman and his representatives could visit any prison without prior notice. Uzbekistan had very low rates of people in prisons, the delegation emphasized.

The delegation agreed that women should not be reduced simply to the role of homemakers. Their role in children upbringing was important, but they also played a role in social and political life. Their employment rates had recently increased.

The media in Uzbekistan was helping to combat negative gender stereotypes, it was explained.

A delegate informed that orphans resided in schools that were fully supported by the State budget. Centres were also in place for juveniles whose parents could not be found or were missing.

Mutabar Tadjibayeva had served a sentence for a specific crime she had committed, not her professional activity, the delegate emphasized. A number of international and national organizations, non-governmental organizations and diplomatic representatives were involved in monitoring the penitentiary system. Their visits allowed visitors to receive objective information on the standards in prisons. Visits had also been carried out to Ms. Tadjibayeva, when she had been sick.

Regarding sex tourism, it was explained that law enforcement bodies were taking steps to reduce the demand for such services. Law enforcement officials also looked into cases of women engaged into prostitution, those who kept brothels, or those who were involved in pimping. Additions to the Criminal Code aimed to increase liability for such activities. In 2014, there had been no cases where legal or physical persons had been engaged in sex tourism.

Questions by Experts

An Expert noted that the representation of women in the executive branch had increased to 16 per cent, but at the same time there had been a decline in women’s representation in Parliament, down to 16 per cent. Women should be placed in electable positions on electoral lists, as their quota was supposed to be 30 per cent. The representation of women in senior decision-making positions, including at the local level, left a lot to be desired. What was the percentage of women’s participation in political life as voters?

How many female ambassadors were currently posted abroad, the Expert asked?

There appeared to be a gender-based division of responsibilities in the political sphere: women normally held positions on what was seen as “women’s issues”. Non-stereotypical roles of men and women ought to be promoted.

Replies by the Delegation

Uzbekistan paid a lot of attention to increasing the presence of women in all three branches of the Government. The representation of women in the Senate had slightly increased. All four parties which had put forward candidates had had 32 per cent of women on their lists, but all candidates, including women, were individually selected by voters. The latest data showed that there were 11 per cent of women at the senior level of the Government, and 30 per cent at the middle level. Women constituted some 35 per cent of party members.

There was only one female ambassador on duty abroad today. In the Ministry of Foreign Affairs, their representation was fairly low and had to be addressed carefully. The Central Electoral Commission had 17 per cent women members, and their percentage in local level commissions was higher.

Women represented 13 per cent of judges in Uzbekistan, while women were 15 per cent of all law students. The State party would need to look into ways of attracting more women to legal studies.

Questions by Experts

The decrease of girls’ enrolment could be seen in tertiary education. Had any studies been conducted to identify the causes of the decrease of women’s enrolment?

The delegation was asked to provide more data on the difference between enrolment rates in “masculine” and “feminine” fields of education. What was being done to diversify educational choice for both women and men?

Another Expert asked if the delegation could ensure that all women’s participation in the cotton field work was voluntary.

What was the Government doing to increase child care provisions0 so that women could join the job market, especially the private sector, more easily?

A question was asked on whether men and women were paid the same amount for work of equal value.

Was sexual harassment prohibited by Uzbek legislation, as requested by the Convention?

Another Expert raised questions on cancer rates and raising awareness on such health problems. Could adult women have access to reproductive health care even if they were no longer of child-bearing age?

There had been a significant drop in the number of abortions. Had access to abortion services been reduced, and were women now forced to carry out their pregnancies, even if they were unwanted? Were there examples of sex-selective abortions?

Replies by the Delegation

The coverage by secondary schools had increased to 99 per cent, making many kinds of vocational training accessible to children in rural areas as well. Gender parity had been achieved in colleges, but there was still disparity in higher education, which the Government was trying to address. A report on Uzbekistan’s successes on the Millennium Development Goals had been published and was available. Access to both primary and secondary education was universal. Rewards and grants were given to girls who exceled in various subjects in secondary schools.

At this stage, women were represented much more in certain sectors and almost completely absent from others. The economy should be structurally reformed so that women would be given opportunities in various spheres. The right to work from home ought to be further developed.

The Government was looking into ways of changing provisions on the right to work for women under difficult conditions or at night. The principle of equal pay for equal work was an enshrined principle. Uzbekistan had ratified a number of International Labour Organization Conventions in the field of labour rights.

Farmers were exclusively responsible for work in the cotton fields, a delegate said. Women who voluntarily wanted to participate in cotton harvesting could do so, in full compliance with labour laws. The State was not involved in cotton farming; it was all done by private farmers.

On sexual harassment, the delegation stated that forcing women to engage in sexual relations stipulated criminal responsibility. In 2014, the courts had issued 12 sentences on that ground, and 7 sentences in the first part of 2015.

The primary causes of death of women were cardiovascular diseases, followed by cancer. There were special medical centres in polyclinics which provided greater coverage for women across the country. Abortion was no longer the leading contraceptive method; until 1990, some 60 per cent of women of reproductive age would undergo at least one abortion per year. It was legalized and conducted in hospitals.

Cancer rates among women were higher than among men; the two most prevalent types were cervical and breast cancer.

Prenatal screening was regularly conducted, and if a certain disease was detected, the future mother was given a possibility of terminating her pregnancy.

Questions by Experts

An Expert praised the State party for undertaking a high number of measures to promote social giving to women in need. More information was sought about the size of the allowances.

The Expert also raised the concept of work at home. The Committee would like to receive some qualitative analysis on what worked in the promotion of that concept, and how their return to the labour market afterwards was facilitated.

Another Expert noted that only four to eight per cent of farms were managed by women. What would explain such low rates? Was that due to stereotypes and what was being done to remedy the situation?

The delegation was asked to explain reasons for the exodus of rural women.

Was the State party considering the ratification of the Convention on the Rights of Persons with Disabilities?

A question was asked about whether women with minority gender and sexual orientation could receive medical help.

Replies by the Delegation

Home workers were free from making single payments into the social fund. Wages paid to them were in line with the general Labour Code. The Women’s Committee regularly took steps to improve the conditions of women engaged in home work. They were considered as workers and kept in the registers.

The Convention on the Rights of Persons with Disabilities had been signed by Uzbekistan, but not yet ratified by the Parliament, the delegation explained. Disabled women constituted 40 per cent of all persons with disabilities and they had the right to the full package of social services.

Having or not having a residence permit did not affect access to health services.

Benefits for non-working mothers looking after children until the age of two included two to three years of maternity leave and shortened working hours afterwards. Less well-off families were provided necessities, such as winter clothing and school kits. Benefits for women were issued by local self-governing bodies, mahallas.

The State wanted women to return to work after their maternity leave. An ideal middle ground ought to be found in that respect.

There were no provisions for sexual relations of women, but that did not mean that homosexual women did not have the same rights of access to medical services, including psychological and gynaecological support.

Questions by Experts

An Expert raised concern about freedom of movement: a woman needed the authorization of both her husband and the State in order to travel abroad. Could the right of travel be made part of the prenuptial agreement?

Did girls who wanted to study abroad need the authorization of their fathers or brothers?

Another Expert commended the efforts of the Government to curb polygamy, but there were reports that that age-long problem had not disappeared.

Was any consideration being given to the recognition of de facto unions and the protection of women in that regard?

Replies by the Delegation

The delegation stated that there was a possibility of reducing the age of marriage by one year, in case of pregnancy and if the minor was fully capable. In 2014, there had been only 12 such marriages with lowered age. The bill to establish a definite marriageable age of 18 for both men and women was being currently considered in Parliament.

Marriages among relatives were against the law, but they still happened occasionally in certain parts of the country.

Cohabitation was socially unacceptable for the vast proportion of the Uzbek citizens. Family values were sacred in Uzbekistan.

Prenuptial agreements had been for the first time introduced in 1997. A lot of awareness raising had to be done subsequently. The State also explained the harmfulness of early marriages. Economic rights following the divorce and elements on freedom of movement could be introduced into such agreements.

The State made sure that the rights of women after divorce were not violated. Mediators from mahallas tried to help resolve the couple’s problems, but women were, of course, entitled to divorce if they so wished. Mothers normally got custody rights.

As for traveling abroad, both partners would need to agree on that. With respect to students who wanted to study abroad, there needed to be an agreement by parents.

Concluding Remarks

AKMAL SAIDOV, Director of the National Human Rights Centre of Uzbekistan, thanked the Committee for the close attention paid to Uzbekistan and the Experts’ constructive and open approach. He thanked the Experts for their sincere, open criticism. The important thing was that there was mutual trust and good faith. In light of the Sustainable Development Goals, Uzbekistan would be taking further steps on a wider ranging gender policy.


For use of the information media; not an official record

CEDAW15/038E