Recent Events in Washington, DC

Defending Human Rights in Uzbekistan in the “Age of Terror”:
An Uzbek Lawyer Speaks Out  

Nozima Kamalova
Reagan-Fascell Democracy Fellow

Moderated by Sally Blair, International Forum for Democratic Studies

Thursday, February 2, 2006

The Constitution of Uzbekistan guarantees basic human and civil rights. However, violations of those rights are rampant in the country and the state limits the exercise of most of the rights, including freedom of speech, freedom of association, civil rights, right to defense and freedom from torture and ill treatment. The state justifies its repression by invoking a perceived threat from Islamist fundamentalists. Those practicing Islam outside government-controlled mosques are labeled terrorists. Several thousand people have been imprisoned for extensive periods of time on charges of terrorism. Members of independent religious groups face persecution with over 6,000 currently remaining in prison. Most trials end in imprisonments. Even cases resulting in acquittals entail heavy fines for other alleged criminal actions, such as economic crimes.

Access to lawyers is guaranteed by the Uzbek legislation. However, the role of defense lawyers remains extremely limited. Torture is widespread and is used systematically in Uzbekistan, according to the UN Special Rapporteur on Torture. Freedom from torture is one of the few absolute rights recognized by the international law. But in Uzbekistan anybody can be subject to torture, including pregnant women and children.

After the Rose Revolution in Georgia, the Uzbek government has intensified its campaign against civil society, as the latter is seen as a major threat to the stability of the authoritarian regime. But more immediate threats facing Uzbekistan are human rights violations, denial of economic reforms and corruption. In December 2003, the Uzbek government began requiring international non-governmental organization (NGOs) to re-register with the authorities. In February 2004, restrictions were put on the flow of international financial assistance, which was justified as a measure to prevent money-laundering and terrorist financing. In June 2004, NGOs were required to obtain incenses to print publications and brochures. This is justified in the name of preventing the spread of terrorist views.

Government-led repression, widespread injustice and social-economic problems caused protests in Andijan in May 2005, which resulted in massive massacres. The protests were not subversive in nature. However, it did not stop the authorities to use force against unarmed protesters. According to the Uzbek government about 180 people were killed. International human rights organizations say the toll is over 500, including women and children. Facing harsh criticism and pressure to conduct international investigations to the Andijan events, Uzbekistan severed its ties with the West and became a close ally of Russia, which could care less about human rights violations in Uzbekistan. If before 2005 the Uzbek government was careful by hiding its actions under a democratic vale, after the Andijan massacres in May 2005, it is now much bolder and more open.

Uzbekistan’s war against terrorism has no other outcome but a vicious circle of repression. Uzbekistan’s experience leads to a conclusion that a broad definition of terrorism gives too much latitude to different countries to violate human rights and repress in the name of fighting terrorism. The West should avoid engaging in military cooperation and training with authoritarian countries. Respect for democracy and human rights, as well as continuation of support of civil society organizations, should be included as key benchmarks for democratic reforms.

Ms. Nozima Kamalova is founding chair of the Legal Aid Society of Uzbekistan, a leading nongovernmental organization that safeguards and promotes the rule of law and human rights in Uzbekistan. A highly respected human rights attorney who has been on the frontlines of the struggle for human rights and democracy in Uzbekistan, Ms. Kamalova has been instrumental in the revision of several Uzbek laws related to torture and human rights. During her fellowship, she is exploring the impact of security measures in the “war against terror” on democratic freedoms and civil rights.