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- TITLE: UZBEKISTAN HUMAN RIGHTS PRACTICES, 1994
- AUTHOR: U.S. DEPARTMENT OF STATE
- DATE: FEBRUARY 1995
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- Section 4 Governmental Attitude Regarding International and
- Nongovernmental Investigation of Alleged
- Violations of Human Rights
-
- The Government disapproves of independent nongovernmental local
- human rights organizations and has restricted their
- operations. It denied the Human Rights Society of Uzbekistan,
- a local group organized in 1992, permission to register. The
- Government has often regarded international criticism of its
- human rights record as interference in its internal affairs,
- but in September it hosted a Conference on Security and
- Cooperation in Europe (CSCE) seminar in Tashkent, which showed
- an increased level of tolerance for foreign discussion of human
- rights in Uzbekistan.
-
- Mikhail Ardzinov, deputy chairman of the Human Rights Society
- of Uzbekistan, was detained in May to prevent his attendance at
- a human rights conference in Almaty, Kazakhstan, and in June to
- prevent him from meeting with Senator Specter.
-
- Section 5 Discrimination Based on Race, Sex, Religion,
- Disability, Language, or Social Status
-
- Both the Constitution and the 1992 law on citizenship prohibit
- discrimination on the basis of sex, religion, language, or
- social status, and officially sanctioned discrimination does
- not occur.
-
- Women
-
- There is no legal discrimination against women; women enjoy the
- same legal rights as men. Despite nominal equality under the
- law, however, women are severely underrepresented in high-level
- positions. Due to traditional roles, women usually marry
- young, bear many children, and confine their activities within
- the family. However, women are not formally impeded from
- seeking a role in the workplace. In rural areas, women often
- find themselves limited to arduous labor in the cotton fields.
- However, the barriers to equality for women are cultural, not
- legal, and women who open businesses or seek careers are not
- legally hindered.
-
- Spouse abuse certainly takes place in Uzbekistan, but local
- activists have no statistics. Wife beating is considered a
- personal, family affair rather than a criminal act, and thus
- such cases rarely come to court. A female journalist who has
- written on women's problems estimates that some 50 percent of
- the self-immolation suicides (of which there are reportedly
- several hundred each year in Uzbekistan) are related to seeking
- an escape from chronic beatings.
-
- Children
-
- Uzbekistan has one of the highest birthrates in the former
- Soviet Union. Over half the country's population is under the
- age of 15. The Constitution provides for children's rights,
- stating that parents are obliged to support and care for their
- children until they are of age.
-
- National/Racial/Ethnic Minorities
-
- In a population of about 22 million, official figures indicate
- that 71 percent are Uzbeks, 8 percent Russians, 5 percent
- Tajiks, 4 percent Tatars, and 3 percent Kazakhs. The real
- number of Tajiks is significantly higher, as many Tajiks have
- declared Uzbek nationality in their passports.
-
- Uzbekistan's citizenship law, passed in 1992, does not impose
- language requirements for citizenship. Nonetheless, the
- language issue remains very sensitive. Uzbek has been declared
- the state language, and the Constitution requires that the
- President must speak Uzbek.
-
- In March Russian Orthodox and Jewish graves were desecrated on
- two occasions at a cemetery outside Tashkent. Uzbeks from the
- adjoining neighborhood were suspected in the incidents.
- Europeans complain of harassment from Uzbeks. Non-Uzbek
- speakers report unpleasant experiences with their neighbors or
- in stores. When government organizations and academic
- institutions have been forced to cut back, it is frequently the
- Russian speakers who have lost their jobs. However, the
- Government does not promote emigration by minority groups and
- publicly encourages them to stay.
-
- The Government decided in 1993 to introduce a Latin script to
- replace Cyrillic, will begin teaching Uzbek in the Latin script
- in 1995, and hopes to have fully converted to a Latin script by
- 2000. Many store and street signs are already in the Latin
- script.
-
- People with Disabilities
-
- One of Uzbekistan's first laws, adopted only 2 months after
- independence in November 1991, was a law guaranteeing support
- for invalids. This law was aimed at insuring the disabled the
- same rights as other people. However, little effort is made to
- bring the disabled into the mainstream. Society does not
- accept them, and for the most part the disabled are kept out of
- sight, either at home or in institutions. The State cares for
- the mentally retarded in special homes. The Government has not
- mandated access for the disabled.
-
- Section 6 Worker Rights
-
- a. The Right of Association
-
- The 1992 law on unions specifically proclaims that all workers
- have the right voluntarily to form and join unions of their
- choice, that trade unions themselves may voluntarily associate
- territorially or sectorally, and that they may choose their own
- international affiliations. Membership in trade unions is
- optional. The law also declares all unions independent of the
- State's administrative and economic bodies (except where
- provided by law), and states that trade unions may develop
- their own charters, structure, and executive bodies and
- organize their own work.
-
- In practice, however, the overall structure of trade unions has
- not changed significantly since the Soviet period.
- Uzbekistan's independence has eliminated subordination to the
- Soviet Union or Russia but has not altered the centralized
- trade union hierarchy which remains dependent on the
- Government. No "alternative" central union structures exist.
- A few new professional associations and interest groups have
- been organized, such as a Union of Entrepreneurs, a Union of
- Renters, an Association of Private Physicians and Pharmacists,
- and one of lawyers. Their role and strength are as yet
- uncertain. Some of these hope to play a significant role in
- licensing and otherwise regulating economic activity of their
- members.
-
- According to the law, the Council of the Federation of Trade
- Unions (CFTU) has a consultative voice in the preparation of
- all legislation affecting workers and is entitled to draft laws
- on labor and social issues. Trade unions are legally described
- as organizations that defend the right to work and protect
- jobs. They have lost their previous role in state planning and
- in the management of enterprises. The emphasis now is on the
- unions' responsibility for "social protection" and social
- justice--especially unemployment compensation, pensions, and
- worker retraining.
-
- The trade union law does not mention strikes or cite a right to
- strike. However, the law does give the unions oversight over
- both individual and collective labor disputes, which are
- defined as those involving alleged violations of labor laws,
- worker rights, or collective agreements.
-
- The only reported strike in Uzbekistan was a short strike in
- August by teachers in the city of Richtan calling for higher
- wages. Union and government officials alike assert that this
- social calm reflects general support for the Government's
- policies and common interest in social stability. It probably
- also reflects the absence of truly representative trade unions
- as the standard of living fell, and growing unemployment raised
- social tensions.
-
- b. The Right to Organize and Bargain Collectively
-
- Trade unions may conclude agreements with enterprises.
- Privatization is in its very early phases, so there is no
- experience yet with negotiations that could be described as
- adversarial between unions and private employers. With very
- few exceptions, the State is still the major employer, and the
- state-appointed union leaders do not view themselves as having
- conflicts of interest with the State.
-
- The Ministry of Labor and the Ministry of Finance, in
- consultation with the CFTU, set the wages for various
- categories of state employees. In the small private sector,
- management establishes wages or negotiates them with those who
- contract for employment.
-
- The law forbids discrimination against union members and their
- officers, and there were no complaints registered.
-
- There are no export processing zones.
-
- c. Prohibition of Forced or Compulsory Labor
-
- The Constitution specifically prohibits forced labor, except as
- legal punishment or as may be specified by law. Large-scale
- compulsory mobilization of youth and students (by closing
- schools) to help with the cotton harvest continues. Young
- people in rural areas are expected to participate "voluntarily"
- in harvesting activities of all kinds, and universities still
- shut down temporarily to send both students and faculty into
- the fields.
-
- d. Minimum Age for Employment of Children
-
- The minimum working age is 16 years; 15-year-olds may work with
- permission but have a shorter workday. In rural areas, younger
- children and the elderly often turn out to help harvest cotton
- and other crops. The Labor Ministry has an inspection service
- responsible for enforcing compliance with these and other
- regulations governing employment conditions.
-
- e. Acceptable Conditions of Work
-
- The Ministry of Labor, in consultation with the CFTU, sets the
- minimum wage and raised it several times in 1994 as the value
- of the sum (the Uzbek currency) fell. As of September, it was
- about $10 per month at the official commercial exchange rate
- (or 200 sum, almost two times the nominal level of January 1,
- 1994). Most agree that the minimum wage is not sufficient to
- feed a family.
-
- The workweek is set at 41 hours per week and includes a 24-hour
- rest period. Some factories have apparently reduced work hours
- in order to avoid layoffs. Overtime pay exists in theory but
- is not always paid.
-
- The Labor Ministry establishes occupational health and safety
- standards in consultation with the unions. There is a health
- and safety inspectorate within the Ministry. Workers do leave
- jobs that are hazardous without apparent jeopardy to continued
- employment; but the local press occasionally published
- complaints about the failure of unions and government
- authorities to do enough to promote worker safety.
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