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18 August 2000
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CERD
57th session
18 August 2000
Afternoon
Political Parties Based on Religion
and Ethnicity Prohibited, Official Says
The Committee on the Elimination of Racial Discrimination this afternoon reviewed an initial report submitted by the Government of Uzbekistan on its compliance with the terms of the International Convention on the Elimination of All Forms of Racial Discrimination.
Introducing his country's report, Alisher Fayzullayev, Ambassador of Uzbekistan to the United Kingdom, said that in order to build a peaceful society and to protect the equality of all citizens, political parties based on religious beliefs and ethnicity were prohibited in the country. He added that terrorist groups were using religious sensitivity of the population to scatter their poisonous ideologies.
Peter Nobel, the Committee expert who served as country rapporteur to the report of Uzbekistan, said that recent developments in the country reflected gradual and serious restrictions on freedom of religion, primarily targeting Muslims worshipping outside the State-organized mosques. He noted that Uzbekistan, Kyrgyzstan and Tajikistan had established military cooperation against Islamic activists trained in Afghanistan.
Also participating in the discussion were the following Committee experts: Luis Valencia Rodriguez, Yuri A. Rechetov, Ion Diaconu, Régis de Gouttes, Marc Bossuyt and Mahmoud Aboul-Nasr.
After hearing the response of the one-man delegation to the questions raised, the Committee concluded its consideration of the report of Uzbekistan.
The Committee will adopt its final observations and recommendations on the report of Uzbekistan next week before ending its four-week session which will conclude on 25 August.
Uzbekistan is among the 156 States parties to the Convention and as such it is obligated to supply periodical reports on its efforts in implementing the provisions of the treaty.
The Committee will reconvene at 10 a.m. on Monday, 21 August.
Report of Uzbekistan
The initial report of Uzbekistan (document CERD/C/327/Add.1) enumerates the administrative and legislative measures undertaken in order to implement the provisions of the Convention. It says that since independence, the Republic has adopted no statutes conducive to the creation and support of racial discrimination. Racial discrimination is prohibited and punishable by the criminal code. The country's Constitution provides for the prohibition of incitement to racial and national discrimination. On the international level, Uzbekistan condemns racial segregation and apartheid.
The report further deals with measures undertaken by the Government in the fields of housing, education and health. The measures are enumerated on an article-by-article basis with figures of complaints relating to human rights violations, which are lodged by victims. In 1997, the office of the Ombudsman received 2,319 complaints of which 777 related to blatant violations of human rights.
Presentation of Report of Uzbekistan
ALISHER FAYZULLAYEV, Ambassador of Uzbekistan to the United Kingdom, said his Government had been taking measures to consolidate its achievements in the field of human rights since it acceded to independence in 1991. The 1992 Constitution reflected the will, spirit, social awareness and culture of the people; and its commitment to the common values of all humankind and the universally recognized principles and norms of international law.
Mr. Fayzullayev continued to say that the Constitution incorporated the fundamental provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. It established the principle of the separation of powers into a legislature, an executive and a judiciary.
Although no instances of inter-ethnic conflict had been reported in the country, it was impossible to exclude the possibility of isolated cases of tension, Mr. Fayzullayev said, adding that it could be attributed to the multi-ethnic make-up of the country and of the difficult process of finding a new national identity after the break-up of the Soviet Union.
Mr. Fayzullayev said that the right of all persons resident in the country to equal protection from the courts, irrespective of their national, racial and ethnic affiliation, was guaranteed by the act on the courts. The equality of citizens before the law was defined by the code of liability for non-indictable offence as the fundamental principle of the legislation on such liability.
Aliens and stateless persons enjoyed equal rights and freedoms like the nationals, including the right to leave any country, and to return to one's country, the Ambassador said.
In accordance with article 29 of the Constitution, everyone had the right to freedom of thought, conscience and conviction, Mr. Fayzullayev said, adding that everyone had the right to profess any religion or to profess none.
The notions of tolerance and ethnic harmony were widely publicized through the mass media, Mr. Fayzullayev said. Newspapers and journals were published in 11 languages in the country, including national publications in 7 languages.
Discussion
PETER NOBEL, the Committee expert who served as country rapporteur to the report of Uzbekistan, said the report was impressive and contained comprehensive information, and had followed the Committee's guidelines. He said that article 18 of the Constitution of the Republic granted the same rights and freedoms for all citizens of the country and equality before the law regardless of gender, race, nationality, language, religion, social origin, belief, and personal or social position.
And article 57 of the same Constitution prohibited political parties and associations which were aimed at violent change of the constitutional system or threatening the security of the Republic, Mr. Nobel said. Although there was nothing to be said against that, the same article prohibited ethnically or religiously based parties. Why should an "ethnically based party" not be allowed peacefully and lawfully to work for their cause?
Mr. Nobel recalled that there had been reports of ethnic conflicts in June 1989 in which more than 100 persons were killed in riots between ethnic Uzbeks and members of the Meshketian Turks community. Early in the following year, there were outbreaks in Pashkent near Tashkent and in the summer of 1990, Uzbeks in neighbouring Kyrgyzstan were victims in the hands of Kyrgyz. That illustrated the potential of ethnic tensions in the region. How and to what extent were those tensions behind the recent developments in the country?
Mr. Nobel said that recent developments in the country were reflected by the gradual and serious restriction of freedom of religion, targeting primarily Muslims worshipping outside the State-organized mosques. Others like the Reformed Baptists and members of the Jehovah Witness group were also targeted by the measures. In addition, Uzbekistan, Kyrgyzstan and Tajikistan had established military cooperation against those who received training in Afghanistan.
Quoting the World Directory of Minorities, Mr. Nobel said that the potential for ethnic tensions and conflict in Uzbekistan was great, as indicated by events during the "peristroika" period; the present ethnic stability was preserved rather artificially by the Government; and the current policy of suppressing grievances was unlikely to be productive for conflict resolution in the long run. Violation of human rights like torturing suspects and members of their families was deeply unethical and it could not be a durable solution except for inflicting suffering against the individuals.
Other Committee experts also made comments on the content of the report. Some experts asked if the provisions of the Convention were invoked in courts; why refugees were arbitrarily detained and expelled; and why religious political parties were prohibited, among other things.
Response of Uzbekistan
The Ambassador said that Uzbekistan had a democratic Constitution of which the people were proud, and it guaranteed to all fundamental freedoms and human rights. As far as Islam was concerned, 90 per cent of the population was Muslim and the minority religious groups were protected by law and in practice. Islam was a great religion, there were also minorities. How could a Government take measures against Islam while the majority was Muslim. Uzbekistan had contributed to the development of Islam. In order to guarantee peace and to protect other groups of religion, it would be wise to create a society where religious powers were not in command. In a society where the majority was Muslim, there were terrorist groups which scattered their poisonous ideology in the name of religion, and took advantage of the religious situation of the population. Those groups were assassins and terrorized peaceful people with the aim of changing the structure of the Government by violent means.
With regard to the situation of refugees, the official said that a lot of work had to be done on that issue. So far, a lot had been done, the democratic process was under way; and the Government was doing a lot despite the transitional situation of the country. The aim of the process was to attain universally recognized democratic values for the citizens and progress had been registered in many fields.
PETER NOBEL, the Committee expert who served as country rapporteur on the report on Uzbekistan, reiterated his question concerning the prohibition of ethnically and religiously based political parties. He said that Uzbekistan had the potential to progress in its endeavour in constructing democracy in the country.
* *** *
57th session
18 August 2000
Afternoon
Political Parties Based on Religion
and Ethnicity Prohibited, Official Says
The Committee on the Elimination of Racial Discrimination this afternoon reviewed an initial report submitted by the Government of Uzbekistan on its compliance with the terms of the International Convention on the Elimination of All Forms of Racial Discrimination.
Introducing his country's report, Alisher Fayzullayev, Ambassador of Uzbekistan to the United Kingdom, said that in order to build a peaceful society and to protect the equality of all citizens, political parties based on religious beliefs and ethnicity were prohibited in the country. He added that terrorist groups were using religious sensitivity of the population to scatter their poisonous ideologies.
Peter Nobel, the Committee expert who served as country rapporteur to the report of Uzbekistan, said that recent developments in the country reflected gradual and serious restrictions on freedom of religion, primarily targeting Muslims worshipping outside the State-organized mosques. He noted that Uzbekistan, Kyrgyzstan and Tajikistan had established military cooperation against Islamic activists trained in Afghanistan.
Also participating in the discussion were the following Committee experts: Luis Valencia Rodriguez, Yuri A. Rechetov, Ion Diaconu, Régis de Gouttes, Marc Bossuyt and Mahmoud Aboul-Nasr.
After hearing the response of the one-man delegation to the questions raised, the Committee concluded its consideration of the report of Uzbekistan.
The Committee will adopt its final observations and recommendations on the report of Uzbekistan next week before ending its four-week session which will conclude on 25 August.
Uzbekistan is among the 156 States parties to the Convention and as such it is obligated to supply periodical reports on its efforts in implementing the provisions of the treaty.
The Committee will reconvene at 10 a.m. on Monday, 21 August.
Report of Uzbekistan
The initial report of Uzbekistan (document CERD/C/327/Add.1) enumerates the administrative and legislative measures undertaken in order to implement the provisions of the Convention. It says that since independence, the Republic has adopted no statutes conducive to the creation and support of racial discrimination. Racial discrimination is prohibited and punishable by the criminal code. The country's Constitution provides for the prohibition of incitement to racial and national discrimination. On the international level, Uzbekistan condemns racial segregation and apartheid.
The report further deals with measures undertaken by the Government in the fields of housing, education and health. The measures are enumerated on an article-by-article basis with figures of complaints relating to human rights violations, which are lodged by victims. In 1997, the office of the Ombudsman received 2,319 complaints of which 777 related to blatant violations of human rights.
Presentation of Report of Uzbekistan
ALISHER FAYZULLAYEV, Ambassador of Uzbekistan to the United Kingdom, said his Government had been taking measures to consolidate its achievements in the field of human rights since it acceded to independence in 1991. The 1992 Constitution reflected the will, spirit, social awareness and culture of the people; and its commitment to the common values of all humankind and the universally recognized principles and norms of international law.
Mr. Fayzullayev continued to say that the Constitution incorporated the fundamental provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. It established the principle of the separation of powers into a legislature, an executive and a judiciary.
Although no instances of inter-ethnic conflict had been reported in the country, it was impossible to exclude the possibility of isolated cases of tension, Mr. Fayzullayev said, adding that it could be attributed to the multi-ethnic make-up of the country and of the difficult process of finding a new national identity after the break-up of the Soviet Union.
Mr. Fayzullayev said that the right of all persons resident in the country to equal protection from the courts, irrespective of their national, racial and ethnic affiliation, was guaranteed by the act on the courts. The equality of citizens before the law was defined by the code of liability for non-indictable offence as the fundamental principle of the legislation on such liability.
Aliens and stateless persons enjoyed equal rights and freedoms like the nationals, including the right to leave any country, and to return to one's country, the Ambassador said.
In accordance with article 29 of the Constitution, everyone had the right to freedom of thought, conscience and conviction, Mr. Fayzullayev said, adding that everyone had the right to profess any religion or to profess none.
The notions of tolerance and ethnic harmony were widely publicized through the mass media, Mr. Fayzullayev said. Newspapers and journals were published in 11 languages in the country, including national publications in 7 languages.
Discussion
PETER NOBEL, the Committee expert who served as country rapporteur to the report of Uzbekistan, said the report was impressive and contained comprehensive information, and had followed the Committee's guidelines. He said that article 18 of the Constitution of the Republic granted the same rights and freedoms for all citizens of the country and equality before the law regardless of gender, race, nationality, language, religion, social origin, belief, and personal or social position.
And article 57 of the same Constitution prohibited political parties and associations which were aimed at violent change of the constitutional system or threatening the security of the Republic, Mr. Nobel said. Although there was nothing to be said against that, the same article prohibited ethnically or religiously based parties. Why should an "ethnically based party" not be allowed peacefully and lawfully to work for their cause?
Mr. Nobel recalled that there had been reports of ethnic conflicts in June 1989 in which more than 100 persons were killed in riots between ethnic Uzbeks and members of the Meshketian Turks community. Early in the following year, there were outbreaks in Pashkent near Tashkent and in the summer of 1990, Uzbeks in neighbouring Kyrgyzstan were victims in the hands of Kyrgyz. That illustrated the potential of ethnic tensions in the region. How and to what extent were those tensions behind the recent developments in the country?
Mr. Nobel said that recent developments in the country were reflected by the gradual and serious restriction of freedom of religion, targeting primarily Muslims worshipping outside the State-organized mosques. Others like the Reformed Baptists and members of the Jehovah Witness group were also targeted by the measures. In addition, Uzbekistan, Kyrgyzstan and Tajikistan had established military cooperation against those who received training in Afghanistan.
Quoting the World Directory of Minorities, Mr. Nobel said that the potential for ethnic tensions and conflict in Uzbekistan was great, as indicated by events during the "peristroika" period; the present ethnic stability was preserved rather artificially by the Government; and the current policy of suppressing grievances was unlikely to be productive for conflict resolution in the long run. Violation of human rights like torturing suspects and members of their families was deeply unethical and it could not be a durable solution except for inflicting suffering against the individuals.
Other Committee experts also made comments on the content of the report. Some experts asked if the provisions of the Convention were invoked in courts; why refugees were arbitrarily detained and expelled; and why religious political parties were prohibited, among other things.
Response of Uzbekistan
The Ambassador said that Uzbekistan had a democratic Constitution of which the people were proud, and it guaranteed to all fundamental freedoms and human rights. As far as Islam was concerned, 90 per cent of the population was Muslim and the minority religious groups were protected by law and in practice. Islam was a great religion, there were also minorities. How could a Government take measures against Islam while the majority was Muslim. Uzbekistan had contributed to the development of Islam. In order to guarantee peace and to protect other groups of religion, it would be wise to create a society where religious powers were not in command. In a society where the majority was Muslim, there were terrorist groups which scattered their poisonous ideology in the name of religion, and took advantage of the religious situation of the population. Those groups were assassins and terrorized peaceful people with the aim of changing the structure of the Government by violent means.
With regard to the situation of refugees, the official said that a lot of work had to be done on that issue. So far, a lot had been done, the democratic process was under way; and the Government was doing a lot despite the transitional situation of the country. The aim of the process was to attain universally recognized democratic values for the citizens and progress had been registered in many fields.
PETER NOBEL, the Committee expert who served as country rapporteur on the report on Uzbekistan, reiterated his question concerning the prohibition of ethnically and religiously based political parties. He said that Uzbekistan had the potential to progress in its endeavour in constructing democracy in the country.
* *** *