Uzbekistan
26.05.04
Urgent Interventions
Uzbekistan: legal restrictions on NGOs and civil society
Open Letter to Mr. Islam Karimov
President of the Republic of Uzbekistan
Paris – Geneva, May, 26 2004
The Observatory for the Protection of Human Rights Defenders, a joint program of the International Federation of Human Rights (FIDH) and the World Organisation Against Torture (OMCT), expresses its concern about the shut down of the Open Society Institute (OSI) section based in Tashkent by the Uzbek government on April 14, 2004, and more generally by recent legal restrictions on NGOs and civil society in Uzbekistan.
According to the Legal Aid Society (LAS), the Ministry of Justice refused to renew OSI's registration. The decision was reportedly based on a December 2003 decree, in which the Uzbek government requested international NGOs operating in Uzbekistan to register with the Ministry of Justice and the Ministry of Foreign Affairs before March 1, 2004. The Uzbek government extended the deadline to April 1, 2004. The Uzbek authorities argued that OSI materials supplied to universities in Uzbekistan «distort[ed] the essence and the content of socio-economic, public and political reforms conducted in Uzbekistan» and «discredit[ed] Uzbek government policies».
According to George Soros, founder and chairman of the organisation, OSI's staff in Taskhent, had received death threats and other intimidations prior to the closure.
The Observatory is deeply concerned by the adoption of the 2003 December decree restricting freedom of association in Uzbekistan.
According to Uzbek authorities, this decree was adopted only to enforce the Law on non-governmental, non-commercial organisations, adopted in May 1999, which states in its article 21 that «international NGOs (...) shall be registered with the Ministry of Justice of the Republic of Uzbekistan». The authorities justify the adoption of the decree by the increasing number of international NGOs in Uzbekistan and by the necessity to fight terrorism. Such an argument seems to imply that a link may exist between NGO and terrorist groups.
According to the information received, the decree's adoption may be linked to the role played by the civil society in the Georgian Revolution of Roses seen as a serious threat for the authorities.
The Observatory fears that this new decree seems to be part of a process aiming at increasing government pressure on civil society. Indeed, it follows another decree adopted on September 30, 2003, which required media to re-register by the end of 2003. In a second decree, also issued in December, this registration requirement was extended to NGOs’ publications and newsletters.
Finally, the Observatory is concerned by amendments made to article 157 of the Uzbek Criminal Code, in February 2004. This article defines the crime of treason as the «disclosure of secret information to foreign States and organisations», whereas former article 157 limited this crime to the disclosure of secret information to foreign States only. The Observatory is concerned that this article may lead to arbitrary abuses and be used as a tool to repress human rights defenders.
The Observatory recalls that people who criticize human rights abuses are often targeted by the Uzbek authorities. The Observatory is concerned by the threats received on April 15, 2004, by Tulkin Karaev, a correspondent with the Institute for War and Peace Reporting (IWPR) and the Voice of the Islamic Republic of Iran Radio, after his coverage of the fight against terrorism in Uzbekistan. A member of the national security service, Mr. Gouyam, threatened Mr. Karaev to take legal action for collaborating with Islamist extremists unless he stopped putting out «false information». Mr. Karaev reported on the arrests of Moslems accused of being fundamentalists and terrorists. These arrests followed the explosions and riots that took place at the end of March 2004 which were severely repressed by the police, in Tashkent and Bukara. He particularly quoted witnesses accounts of cruel methods used by law enforcement officers.
The Observatory finally recalls that Mr. Ruslan Sharipov, a critic of Uzbek government policies and founder of the Union of Independent Journalists of Uzbekistan remains in prison (see 2003 Annual Report of the Observatory). Mr. Sharipov who received the 2004 « Golden Quill for Freedom» awarded by the World Association of Newspapers, was sentenced to a four year prison sentence on September 25, 2003 after being found guilty, in an unfair trial, of homosexual conduct (article 120 of the Uzbek Criminal Code), of involving minors in «antisocial behaviors» (article 127) and of having sexual relations with minors (article 128).
The Observatory urges the Uzbek authorities to put an end to any kind of violence and harassment against human rights defenders in the Republic. The Observatory also urges the Uzbek authorities to conform with art 1 of the Declaration on human rights defenders, adopted by the UN General Assembly on December 9, 1998, which states that «Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels», article 5-b which states that «everyone has the right to form, join and participate in non-governmental organizations, associations or groups», 5-c which states that « Everyone has the right to communicate with non-governmental or intergovernmental organizations», and 6-b, which states that «Everyone has the right, individually and in association with others: freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms».
More generally, the Observatory urges the Uzbek authorities to respect fundamental freedoms provided for by international human rights standards.
In the hope you will take these considerations and requests into account,
We remain,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT
President of the Republic of Uzbekistan
Paris – Geneva, May, 26 2004
The Observatory for the Protection of Human Rights Defenders, a joint program of the International Federation of Human Rights (FIDH) and the World Organisation Against Torture (OMCT), expresses its concern about the shut down of the Open Society Institute (OSI) section based in Tashkent by the Uzbek government on April 14, 2004, and more generally by recent legal restrictions on NGOs and civil society in Uzbekistan.
According to the Legal Aid Society (LAS), the Ministry of Justice refused to renew OSI's registration. The decision was reportedly based on a December 2003 decree, in which the Uzbek government requested international NGOs operating in Uzbekistan to register with the Ministry of Justice and the Ministry of Foreign Affairs before March 1, 2004. The Uzbek government extended the deadline to April 1, 2004. The Uzbek authorities argued that OSI materials supplied to universities in Uzbekistan «distort[ed] the essence and the content of socio-economic, public and political reforms conducted in Uzbekistan» and «discredit[ed] Uzbek government policies».
According to George Soros, founder and chairman of the organisation, OSI's staff in Taskhent, had received death threats and other intimidations prior to the closure.
The Observatory is deeply concerned by the adoption of the 2003 December decree restricting freedom of association in Uzbekistan.
According to Uzbek authorities, this decree was adopted only to enforce the Law on non-governmental, non-commercial organisations, adopted in May 1999, which states in its article 21 that «international NGOs (...) shall be registered with the Ministry of Justice of the Republic of Uzbekistan». The authorities justify the adoption of the decree by the increasing number of international NGOs in Uzbekistan and by the necessity to fight terrorism. Such an argument seems to imply that a link may exist between NGO and terrorist groups.
According to the information received, the decree's adoption may be linked to the role played by the civil society in the Georgian Revolution of Roses seen as a serious threat for the authorities.
The Observatory fears that this new decree seems to be part of a process aiming at increasing government pressure on civil society. Indeed, it follows another decree adopted on September 30, 2003, which required media to re-register by the end of 2003. In a second decree, also issued in December, this registration requirement was extended to NGOs’ publications and newsletters.
Finally, the Observatory is concerned by amendments made to article 157 of the Uzbek Criminal Code, in February 2004. This article defines the crime of treason as the «disclosure of secret information to foreign States and organisations», whereas former article 157 limited this crime to the disclosure of secret information to foreign States only. The Observatory is concerned that this article may lead to arbitrary abuses and be used as a tool to repress human rights defenders.
The Observatory recalls that people who criticize human rights abuses are often targeted by the Uzbek authorities. The Observatory is concerned by the threats received on April 15, 2004, by Tulkin Karaev, a correspondent with the Institute for War and Peace Reporting (IWPR) and the Voice of the Islamic Republic of Iran Radio, after his coverage of the fight against terrorism in Uzbekistan. A member of the national security service, Mr. Gouyam, threatened Mr. Karaev to take legal action for collaborating with Islamist extremists unless he stopped putting out «false information». Mr. Karaev reported on the arrests of Moslems accused of being fundamentalists and terrorists. These arrests followed the explosions and riots that took place at the end of March 2004 which were severely repressed by the police, in Tashkent and Bukara. He particularly quoted witnesses accounts of cruel methods used by law enforcement officers.
The Observatory finally recalls that Mr. Ruslan Sharipov, a critic of Uzbek government policies and founder of the Union of Independent Journalists of Uzbekistan remains in prison (see 2003 Annual Report of the Observatory). Mr. Sharipov who received the 2004 « Golden Quill for Freedom» awarded by the World Association of Newspapers, was sentenced to a four year prison sentence on September 25, 2003 after being found guilty, in an unfair trial, of homosexual conduct (article 120 of the Uzbek Criminal Code), of involving minors in «antisocial behaviors» (article 127) and of having sexual relations with minors (article 128).
The Observatory urges the Uzbek authorities to put an end to any kind of violence and harassment against human rights defenders in the Republic. The Observatory also urges the Uzbek authorities to conform with art 1 of the Declaration on human rights defenders, adopted by the UN General Assembly on December 9, 1998, which states that «Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels», article 5-b which states that «everyone has the right to form, join and participate in non-governmental organizations, associations or groups», 5-c which states that « Everyone has the right to communicate with non-governmental or intergovernmental organizations», and 6-b, which states that «Everyone has the right, individually and in association with others: freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms».
More generally, the Observatory urges the Uzbek authorities to respect fundamental freedoms provided for by international human rights standards.
In the hope you will take these considerations and requests into account,
We remain,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT