NGO Law Monitor: Uzbekistan

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Last updated 7 December 2012

Introduction

After Uzbekistan became an independent republic in 1991, the process of civil society development began. After nearly twenty years, however, civil society does not yet play a vibrant role in the country. The Government of Uzbekistan views the civic sector with suspicion. Indeed, most foreign and international NGOs which had previously operated in the country during the 1990s and early 2000s have now been closed and expelled from the country. In 2005 the Government mandated a process of re-registration, which led to a significant reduction in the number of non-governmental organizations (NGOs) in the country. One of the last international organizations in Uzbekistan - the representative office of the Institution of New Democracies in Uzbekistan - was closed by the court decision in the spring of 2010. In addition, the representative office of Human Rights Watch in Uzbekistan was closed by a court decision on the 9 June 2011.

Despite these negative trends, remaining NGOs continue to develop their activities. And there are signs that the Government is reconsidering its approach toward civil society. Since 2005, the Government has provided financial assistance to NGOs on an annual basis, through a grant program. And in 2008, the Parliament of Uzbekistan established a public fund for NGO support; the budget of this fund will approach 2.5 million USD in 2010. In 2011, the Government plans to allocate approximately 3.2 million USD for NGOs and institutions of civil society support.Recently, the President I. Karimov, in his Report [1], recognized the importance and usefulness of establishing and developing civil society institutions and NGOs in Uzbekistan.

In Uzbekistan, as in other countries of the former Soviet Union, the legal framework is based on the civil law tradition. Legislation governing NGOs generally includes statements of support and protection for NGOs. For example, the Constitution clearly sets forth the right of freedom association, and several laws declare a wide scope of rights and possibilities for NGOs. At the same time, however, implementing regulations and implementation practice usually serve to undermine the stated intentions of the laws themselves.

[1] The Concept of the further deepening of the democratic reforms and the formation of the civil society in the country. The report was presented at the joint session of the Legislative Chamber and the Senate of the Oliy Majlis of Uzbekistan on November 12, 2010, in Tashkent.

At a Glance

Organizational Forms	Non-Governmental Organizations (NGOs), which include public associations, public funds, institutions and associations of NGOs
Registration Body	Ministry of Justice
Approximate Number	Number of registered NGOs is unknown, as the registry is not made public. Some estimate approximately 415 registered NGOs.
Barriers to Entry	(1) Mandatory registration; unregistered group activities prohibited; (2) Detailed documentation requirements, and potentially burdensome registration fee; (3) Vague grounds for denial of registration; and, (4) Excessive time delays in government review of registration applications.
Barriers to Activities	(1) Burdensome and unpredictable reporting requirements; (2) NGO obligation to ensure governmental access to all activities; (3) Advance governmental approval required for particular NGO activities; (4) Harsh sanctions for violation of law.
Barriers to Speech and/or Advocacy	In practice, the Government may act against NGOs that engage in certain kinds of advocacy activity.
Barriers to International Contact	(1) Advance governmental approval required for conferences, international participants, etc.; (2) Limited access to certain websites.
Barriers to Resources	Limits on foreign funding

Key Indicators

Population	27,606,077 (July 2009 est.)
Capital	Tashkent
Type of Government	Republic; authoritarian presidential rule, with little power outside the executive branch
Life Expectancy at Birth	Male: 68.95 years Female: 75.15 years
Literacy Rate	Male: 99.6% Female: 99% (2003 est.)
Religious Groups	Muslim: 88% (mostly Sunnis); Eastern Orthodox: 9%; other: 3%
Ethnic Groups	Uzbek: 80%; Russian: 5.5%; Tajik: 5%; Kazakh: 3%; Karakalpak: 2.5%; Tatar: 1.5%; other: 2.5% (1996 est.)
GDP per capita	$2,600 (2008 est.)

Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2009.

International Rankings

Ranking Body	Rank	Ranking Scale (best – worst possible)
UN Human Development Index	119	1 – 182
World Bank Rule of Law Index	10	100 – 0
World Bank Voice & Accountability Index	1.9	100 – 0
Transparency International	174	1 – 180
Freedom House: Freedom in the World	Status: Not Free Political Rights: 7 Civil Liberties: 7	Free/Partly Free/Not Free 1 – 7 1 – 7
Foreign Policy: Failed States Index	31	177 – 1

Legal Snapshot

International and Regional Human Rights Agreements

Key International Agreements	Ratification*	Year
International Covenant on Civil and Political Rights (ICCPR)	Yes	1995
Optional Protocol to ICCPR (ICCPR-OP1)	Yes	1995
International Covenant on Economic, Social, and Cultural Rights (ICESCR)	Yes	1995
Optional Protocol to ICESCR (OP-ICESCR)	No	--
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)	Yes	1995
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)	Yes	1995
Optional Protocol to the Convention on the Elimination of Discrimination Against Women	No	--
Convention on the Rights of the Child (CRC)	Yes	1994
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)	No	--
Convention on the Rights of Persons with Disabilities (CRPD)	No	--
Regional Treaties
CIS Agreement on joint activity in relation to foreign humanitarian aid	Yes	1993

* Category includes ratification, accession, or succession to the treaty

Constitutional Framework

The Constitution of the Republic of Uzbekistan [1] was adopted by the Supreme Council of the Republic of Uzbekistan on December 8, 1992.

Relevant constitutional provisions include:

Article 30. All state bodies, public associations and officials in the Republic of Uzbekistan shall allow any citizen access to documents, resolutions and other materials, relating to their rights and interests.
Article 32. All citizens of the Republic of Uzbekistan shall have the right to participate in the management and administration of public and state affairs, both directly and through representation. They may exercise this right by way of self-government, referendums and democratic formation of state bodies.
Article 33. All citizens shall have the right to engage in public life by holding rallies, meetings and demonstrations in accordance with the legislation of the Republic of Uzbekistan. The bodies of authority shall have the right to suspend or ban such undertakings exclusively on the grounds of security.
Article 34. All citizens of the Republic of Uzbekistan shall have the right to form trade unions, political parties and any other public associations, and to participate in mass movements. No one may infringe on the rights, freedoms and dignity of the individuals, constituting the minority opposition in political parties, public associations and mass movements, as well as in representative bodies of authority.
Article 56. Trade unions, political parties, and scientific societies, as well as women's, veterans' and youth leagues, professional associations, mass movements and other organizations registered in accordance with the procedure prescribed by law, shall have the status of public associations in the Republic of Uzbekistan.
Article 57. The formation and functioning of political parties and public associations aiming to do the following shall be prohibited: changing the existing constitutional system by force: coming out against the sovereignty, territorial integrity and security of the Republic, as well as the constitutional rights and freedoms of its citizens; advocating war and social, national, racial and religious hostility, and encroaching on the health and morality of the people, as well as of any armed associations and political parties based on the national or religious principles. All secret societies and associations shall be banned.
Article 58. The state shall safeguard the rights and lawful interests of public associations and provide them with equal legal possibilities for participating in public life. Interference by state bodies and officials in the activity of public associations, as well as interference by public associations in the activity of state bodies and officials is impermissible.
Article 59. Trade unions shall express and protect the socio-economic rights and interests of the working people. Membership in trade unions is optional.
Article 60. Political parties shall express the political will of various sections and groups of the population, and through their democratically elected representatives shall participate in the formation of state authority. Political parties shall submit public reports on their financial sources to the Oliy Majlis or their plenipotentiary body in a prescribed manner.
Article 61. Religious organizations and associations shall be separated from the state and equal before law. The state shall not interfere with the activity of religious associations.
Article 62. Public associations may be dissolved or banned, or subject to restricted activity solely by the sentence of a court.

[1] English text of Constitution.

National Laws and Regulations Affecting Sector

Relevant national-level laws and regulations affecting civil society include:

Law of the Republic of Uzbekistan 02.05.2007 No. ZRU-96 "On charity";
Law "On guarantees of activity of nongovernmental nonprofit organizations" of the Republic of Uzbekistan No. ZRU-76 03.01.2007;
Law of the RUz No. 763-I 14.04.1999 "On nongovernmental nonprofit organizations";
Law of the RUz N 223-XII “On public associations in the Republic of Uzbekistan” 15.02.1991; [1]
Law of the Republic of Uzbekistan "On social funds" No. 527-II 29.08.2003;
“On measures aimed at enhancing support for non-government non-commercial organizations and other civil society institutions”, Joint Decree of the Kengash of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan and Kengash of the Senate of the Oliy Majlis of the Republic of Uzbekistan. 03.07.2008 г. N 842-I/513-I. (ICNL online library);
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan 19.01.1998 N 31 “On government support to the development of international scientific technical connections, scientific programs and projects based on the grants from international organizations and funds”. (ICNL online library);
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan "On measures to increase reporting effectiveness of financial resources of technical assistance, grants and humanitarian aid received from international, foreign governmental and nongovernmental organizations". 04.02.2004 N. 56;
The Decree of the Cabinet of Ministers of the Republic of Uzbekistan 12.03.1993 No.132 "On regulation of registration of charters of public associations in Republic of Uzbekistan". (English text unavailable);
Application 1 to the Decree mentioned above the “Rules of processing the applications for charter registration of public associations acting on territory of Republic of Uzbekistan". (English text unavailable);
The Decree of the Cabinet of Ministers of the Republic of Uzbekistan 22.03.1994 No.153 "On regulation of registration of legal entities associations in Republic of Uzbekistan". (English text unavailable);
The Decree of the Cabinet of Ministers of the Republic of Uzbekistan 12.03.1993 No.133 "On regulation of registration of public associations’ symbols in Republic of Uzbekistan". (English text unavailable);
The Civil Code of the Republic of Uzbekistan (Articles 73-78), dated 29.08.1996 N 257-I;
The Tax Code of the Republic of Uzbekistan, 25.12.2007 N ZRU-136;
The Code on administrative responsibility of the Republic of Uzbekistan, 01.04.1995;
Constitution of the Republic of Uzbekistan, 08.12.1992.

[1] Law of the Republic of Uzbekistan on Public Association

Pending NGO Legislative / Regulatory Initiatives

The President, in his report to the joint session of the Legislative Chamber and the Senate of the Oliy Majlis of Uzbekistan on November 12, 2010, in Tashkent (The Concept of the further deepening of the democratic reforms and the formation of the civil society in the country), recognized that it is necessary to adopt the Laws “On social partnership”, “On public control in the Republic of Uzbekistan”, “On ecological control” and also add several amendments related to NGOs into the Law “On the citizens’ self-governance bodies”, and to the Code of the Republic of Uzbekistan “On administrative responsibility”.

In July 2011, the President adopted the Resolution “On measures to support the independent institute for monitoring the formation of civil society” N ПП-1576, 12.07.2011 (in Russian).

As of October 2012, there are four draft laws under consideration:

The Draft Law on Registration of Legal Entities, which, if passed in its current form, would complicate the registration procedure for NGOs and other legal entities.
The Draft Law on Social Partnership, which is intended to facilitate cooperation between NGOs, government and businesses.
The Draft Law on Public Control, which would allow NGOs to monitor the activities of government entities.
The Draft Law on Activities of Government Entities, which would enhance the transparency of government activities and decision-making.

Legal Analysis

Organizational Forms

The Civil Code defines a legal entity to include both commercial and non-commercial organizations and contains a list of permissible legal forms, including, among others, the public association, public fund, institution, legal entities’ associations (societies and unions), and citizens’ self-governance body. Mirroring the language of the Civil Code, theLaw on NGOs states that non-governmental, non-profit organizations may be established in the following forms: public association, public fund, institution, and other lawful forms provided by legal acts. In addition, NGOs may form associations or unions, with the purpose of coordination of their activities, and in order to represent and advocate common interests. NGOs can be established for protecting the rights and lawful interests of natural persons and legal entities; for achieving social, cultural and educational aims; to satisfy spiritual and other non-material needs; and for realizing other public benefit purposes. Founders of an NGO must detail the organizational purposes in the charter of the NGO.

A public association is a voluntary association of citizens (natural persons only) who have joined together for the realization of their common interests in the areas of politics, economics, social development, science, culture, ecology, and other aspects of life (Article 1, the Law “On public associations” and Article 11, the Law “On NGOs”).

A public fund is recognized as a non-membership organization, founded by natural and/or legal persons on the basis of voluntary property contributions, pursuing charitable, social, cultural, educational, or other public benefit purposes (Article 12, the Law “On NGOs” and Article 3, the Law “On Public funds”).

An institution is recognized as an organization established by natural and/or legal persons in order to realize social, cultural and other functions of non-profit nature (Article 13, the Law “On NGOs”). Notably, the legal form of “institution” is a legacy of the Soviet legal system. There are no existing procedural rules in place to establish and register an institution; in practice, therefore, this form is essentially non-existent.

The association (union) of NGOs is a legal entity whose founding members are legal persons (NGOs). It is not possible to establish an association made up of both natural and legal entities simultaneously. Members of associations (unions) have secondary (vicarious) liability on obligations of the overarching association (union); the degree of liability is based on the charter of the association (union).

A citizens’ self-governance body (more commonly known as “mahalla”) is a traditional form of neighborhood organization. The activities of the “mahalla” are governed by the Law "On self-governance bodies".

Uzbek law also categorizes NGOs according to the territorial scope of their activity: international NGOs, which can operate not only in Uzbekistan, but in other countries; republican or inter-regional NGOs, which can operate in several regions of Uzbekistan or throughout the country; and local NGOs, which can operate only in one region or in Tashkent city.

Public Benefit Status

Uzbek law provides for a “charitable organization” status, but it is not linked to fiscal benefits. Instead, all registered NGOs are exempt under tax law from certain taxes and financial obligations. Details follow.

(1) A charitable organization is a non-governmental, non-commercial organization established for the purpose of implementing philanthropic activities in the interest of the public at large as well as in the interest of specific categories of legal entities and physical persons (Article 3 of the Law “On charity”). Charitable organizations may be created in the form of a public association, foundation or in any other form stipulated by legislative acts (Article 6 of the Law “On charity”). Significantly, however, there are no tax or fiscal benefits linked to charitable organization status. Article 14 of the Law “On Charity” declares that government can provide support (e.g., discount on rent, if the accommodation or other property is owned by government; transfer government property to charitable organizations, and so on) to charitable organizations. But there is no legal obligation to provide concrete benefits to charitable organizations.

(2) According to Article 17 of the Tax Code, the term non-commercial organization includes all legal entities that do not seek to gain profit as the main purpose of their activities and do not distribute income (profits) among their members. Through registration, NGOs accrue rights as a legal entity and the status of a non-commercial organization. All non-commercial organizations, irrespective of their organizational legal form, are exempt from the following taxes:

corporate income (profit) tax (Article 126 of the Tax Code);
value-added tax, with some exceptions (Article 197 of the Tax Code);
corporate property tax (Article 265 of the Tax Code);
land tax (Article 279 of the Tax Code);
tax on use of water resources (Article 257 of the Tax Code); and
tax on improvement and development of social infrastructure (Article 295 of the Tax Code).

In addition, non-commercial organizations are exempt from the following compulsory payments:

compulsory payments to non-budget pension fund (Article 312 of the Tax Code);
compulsory payments to Republican Road fund (Article 316 of the Tax Code); and
compulsory payments for school education development (Item 5 of Regulation “On order of calculating and payment of compulsory payments for school education development").

The foregoing fiscal privileges do not generally apply to income generated through the commercial activity of NGOs. Certain categories of NGOs are exempt from several compulsory payments and taxes, even where the NGO carries out economic activity through a corporate subsidiary. For example, enterprises owned by public associations of disabled persons, the Fund “Nuroniy (Нуроний)” and associations of “Chernobolci of Uzbekistan (Чернобольцы Узбекистана)” – if disabled persons make up at least 50% of the total amount of enterprise staff – are exempt from VAT and corporate income (profit) tax (Article 158 of the Tax Code).

Barriers to Entry

There are multiple legal barriers affecting the formation and registration of NGOs in Uzbekistan.

First, registration is mandatory and unregistered group activities are prohibited. An NGO is established only when officially registered (Article 15 of the Law “On NGOs”). Available sanctions for carrying out activities through an unregistered include a fine 50-100 times the minimum wage (Article 239 of the Administrative Code). Active participation in unregistered (i.e., illegal) organizations exposes offenders to a fine 50-100 times the minimum wage or detention of up to six months or imprisonment of up to five years (Article 216 of the Criminal Code).

Second, the registration requirements, which vary according to the organizational form, are more demanding than the registration requirements for commercial organizations. Required documentation is quite detailed and the amount of the registration fee is a potential barrier for NGOs. For example, international public associations must pay 20 minimum wages and 100 USD; republican and inter-regional public associations must pay 20 minimum wages; and all other public associations must pay 10 minimum wages. Such registration fees may be prohibitively expensive to some citizens in Uzbekistan. Notably, the fee for NGO registration is higher than for commercial organizations.

Third, the grounds for denial of registration may invite the exercise of excessive government discretion. Specifically, the law allows for denial where the name or symbols of an NGO encroaches on “morality, national or religious feelings of citizens”.

Arguably the most serious barrier to registration is the excessive time delays for government review of applications. The law does define a fixed time period within which the Ministry of Justice must consider and decide on registration applications: two months from the receipt of the application for a public association; not more than one month for a public fund; and ten days for an association of NGOs. According to the Rules of processing the applications for charter registration of public associations acting on territory of Republic of Uzbekistan, however, the period of registration review can be extended by an additional month.

Article 23 of the Law on NGOs provides that the Ministry must make one of the following decisions: to grant registration or to refuse registration. In practice, however, the Ministry will often leave applications unprocessed, with no decision issued, in clear contradiction of Article 23. This practice may be based also on the Rules of processing the applications for charter registration of public associations acting on territory of Republic of Uzbekistan, which provide for the third alternative of leaving the application unprocessed. Despite the clear contradiction between the Law on NGOs and the implementing rules, and the fact that the Law (as an Act of Parliament) takes precedence over the implementing rules, the Ministry of Justice still conforms its practice to the implementing rules. Indeed, some applications may simply not be processed for an indefinite time period, thereby preventing the NGO from operating at all.

The problem of unprocessed applications is aggravated by the inability to appeal. Notably, the refusal of registration can be appealed in a court by law. But where the application is simply unprocessed, the NGO applicant has no ability to appeal and no alternative recourse.

Notably, in September 2011, the UN Human Rights Committee held in the case of Kungurov v. Uzbekistan that the procedure in Uzbekistan for registering the non-governmental organization “Democracy and Rights” violated both the right to freedom of expression and the right to freedom of association, under Articles 19 and 22 of the International Covenant on Civil and Political Rights, respectively. The Kungurov decision marks the first time the Committee has decided that there has been a violation of freedom of association in conjunction with freedom of expression in a case concerning NGO registration. For more information, please see the statement from Article 19.

Barriers to Operational Activity

NGOs are subject to burdensome reporting requirements. According to Article 33 of the Law on NGOs, NGOs must maintain records of the results of their activities, and must submit reports to the registration authorities (Ministry of Justice and its departments), to the statistical authorities, and to the tax authorities. All NGOs are subject to the same detailed reporting standard; there is no simplified reporting form available for small and medium-sized NGOs. The frequency of reporting varies with the category of report; some are required on a monthly basis, some on a quarterly basis, and others on an annual basis.

While clear standards have been set for reporting to the statistical authorities, there is no regulation or legal guideline that defines the reporting procedure to the Ministry of Justice and its departments. In practice, NGOs provide reports to registry bodies every quarter. The required content of the reports may change; In January 2010, for example, NGOs in Tashkent were notified by the Ministry of a new reporting form, which contains 58 questions. Moreover, the tax authorities, as of January 2010, are requiring NGOs that previously used a simplified tax and reporting system to re-calculate their tax obligation and prepare new reports, based on the requirements of the generally established tax system. To complicate matters, NGOs are being given only 10-15 days to accomplish the task.

According to Article 8 of the Law on NGOs, NGOs are obliged to provide access to information on the use of organizational property and financial assets. In addition, NGOs must ensure that the Ministry of Justice has access to all their activities. This provision is problematic in large measure because of its ambiguity; should NGOs notify the registry bodies about all their activities, including internal meetings, or only about public events? The answer is unclear. In practice, NGOs provide information about public events.

The law requires that NGOs seek and secure approval from the Ministry of Justice for particular activities. But the law does not define what particular activities require Ministry approval. This ambiguity in the law obviously creates confusion among NGOs, and gives the Government excessive discretionary power.

This problem is exacerbated by the harsh sanctions available in case of violation of the rule. Specifically, conducting events without the approval of the Ministry of Justice could subject NGOs – that is, the staff members of the NGO – to a fine amounting to 100-150 times the minimum wage.

Severe sanctions are also available for the failure to submit reports, for the late submission of reports, and for the submission of reports in the wrong form. Article 239 of the Administrative Code, applicable to NGOs, provides for a fine amounting to 50-100 times the minimum wage. For-profit companies, by contrast, face a far lighter penalty for the same violation; Article 215, applicable to for-profits, envisions a fine amounting only to 7-10 times the minimum wage.

Government-organized NGOs (GONGOs) may pose a potential threat to independent civil society in Uzbekistan, but it is not clear if GONGOs have actually had a negative impact on the NGO sector. There have been positive examples of cooperation between GONGOs and NGOs. In 2005, the National Association of NGOs of RUz (NANNOUz in Russian) was established. While clearly controlled by the Government, NANNOUz has done some good things for the NGO sector, by creating informational centers throughout the country for NGOs, and by providing small grants to NGOs. Admittedly, these small grants were awarded to the members of NANNOUz, but nonetheless this marked the first instance of government providing financial support to NGOs from the state budget. The small grants program and budgetary assistance for NGOs is now being extended on an annual basis.

Barriers to Speech / Advocacy

According to Uzbek law as written, there are no barriers restricting speech or advocacy activity in Uzbekistan; NGOs and individuals are both free, in theory, to criticize the Government, for example. In practice, however, there are constraints on speech and advocacy. NGOs engaging in human rights activity or government monitoring, for example, may be subject to harassment or even termination. Because these measure are extra-legal (i.e., outside the law), they are unpredictable.

During the past year, the Government has undermined freedom of speech through criminal defamation suits against several independent journalists and human rights defenders. In such cases, the official indictment is based on the “expert conclusion” of the Center for Monitoring Mass Communications under the Uzbek Agency of Communications and Information (UACI).

NGOs are affirmatively granted the right to participate in legislative activities, and “to exercise lawmaking initiative.” For example, some NGOs make seek engagement with Parliament and/or governmental bodies by preparing analyses of legislation or through conducting a conference to facilitate cross-sectoral dialogue on draft legislation. In practice, however, few NGOs take advantage of this right.

Barriers to International Contact

NGOs seeking to conduct a conference, to invite international participants to these conferences, etc. must secure advance approval from the Ministry of Justice. In practice, NGOs submit a letter to the Ministry of Justice, describing a proposed conference (goals, date, participants, etc.). If the Ministry grants permission for the conference, the NGO can move forward with planning; if the Ministry refuses permission, then there will be no conference.

In addition, all citizens seeking to work abroad must receive permission from the Ministry of Labor.

Access to certain websites is banned for all citizens. Indeed, on August 5, 2011, the Cabinet of Ministries passed a Resolution no.228 “On additional measures on development system of monitoring in sphere of mass communications”. According to this Resolution, an “expert commission” will be created to identify information that is exerting a negative social impact on the citizens of Uzbekistan and the source of that information. The “expert commission” can recommend to close any mass media outlet or prohibit the dissemination of any informational resource in Uzbekistan.

Barriers to Resources

The process of receiving foreign funding is burdened by a number of legal barriers. First, in order to receive a foreign grant, an NGO must receive a special conclusion from the Commission under the Cabinet of Ministers that the project to be supported by the grant is indeed worthy of support. Second, the grant funding must be sent to “Asaka” or “NBU” bank (one of two state-owned banks). In practice, the state-owned banks determine whether to release the money to the NGO and often block the release of funding, thus interfering with the ability to receive financial support. Third, after receiving the grant funding, the NGO must provide several reports to a special government body operating under the Ministry of Finance. The reports can be divided into two groups: (a) monthly reports; and (b) transactional reports, which are required following each financial transaction relating to the use of the grant funding. For example, if an NGO buys a pen or a desk with grant funding, then it needs to submit a report on the next business day.

On June 23, 2010, the Cabinet of Ministers issued Resolution №123 “On adoption of the Regulation on order of realization of technical assistance projects and programs in sphere of narcomania (drug abuse) prevention and struggle against illegal turnover of drugs, which funded by foreign, international organizations or foreign states, and also other legal entities.” The new order complicates the process of securing governmental approval for projects relating to the prevention of drug abuse and the illegal turnover of drugs. For international organizations, securing official approval involves a six-step process, with five governmental organs involved in the review of the proposed project. For national organizations, the approval process is a similarly bureaucratic five-step process.

NGOs can, however, engage in economic activities directly, provided that the economic activity falls within the framework of its charter objectives, and provided that the income generated from the economic activity is not distributed among shareholders and members, but is only used for the mission purposes of the NGO.

Reports

UN Universal Periodic Review Reports	Uzbekistan
Reports of UN Special Rapporteurs	Uzbekistan
USIG (United States International Grantmaking) Country Notes	Not available
U.S. State Department	2008 Country Reports on Human Rights Practices: Uzbekistan 2009 Advancing Freedom and Democracy Reports: Uzbekistan
Failed States Index Reports	Foreign Policy: Failed States Index 2012
IMF Country Reports	Uzbekistan and the IMF
International Commission of Jurists	Not available
International Center for Not-for-Profit Law Online Library	Uzbekistan

News and Additional Resources

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

General News

Free political prisoners on Constitution Day (December 2012)
The Uzbek government should unconditionally release all of its political prisoners on the 20th anniversary of the adoption of the country’s constitution on December 8, 2012, human rights groups said. Freeing the country’s many political prisoners would demonstrate a genuine commitment to Uzbekistan’s much-touted reform process, the groups said.

EU representative visits Uzbekistan (December 2012)
On November 29, 2012, European Union representative Catherine Ashton discussed her recent trip to Uzbekistan, one of the most repressive dictatorships in the world. "I raised the issue of judicial reform, and the increasingly important role that civil society needs to play," she said in a prepared statement. "I had a really good meeting with representatives of Uzbek civil society. Civil society -- including human rights defenders -- forms an important aspect in every reform process and they should be promoted."

CIVICUS intervention in the UPR for Uzbekistan (October 2012)
CIVICUS' latest intervention in the Universal Periodic Review (UPR) process of the UN Human Rights Council, which reviews countries' human rights progress, addressed the status of civil society freedoms in Uzbekistan.

Uzbekistan "not free" according to internet freedom report (October 2012)
Freedom House declared Uzbekistan“not free” in this year's report on internet freedom. Its Freedom on the Net project ranked the country at 77 on a 100-point scale, with zero indicating countries with the most open access to the Internet and 100 as the worst.

Uzbek rights activist Muhitdinov dies (August 2012)
Uzbek Rights Activist Akromhoja Muhitdinov, 59, died on July 25, in the ambulance taking him to hospital. His wife says he was set upon by three individuals who assaulted and abused him. He was then stabbed several times. Members in Uzbekistan’s beleaguered human rights community believe this was no random attack and that Muhitdinov was deliberately targeted for his work. "We cannot rule out that this tireless campaigner for human rights and justice had become an irritant to the authorities and other corrupt individuals," said Yelena Urlaeva, leader of the Human Rights Alliance of Uzbekistan, the group Muhitdinov worked with. "This provocation, and the murder of Akromhoja, were clearly deliberate."

Watchdog urges EU action over human rights (June 2012)
As the European Union prepares to review its Central Asia strategy, a leading international human rights watchdog has urged Brussels to demand the five republics improve their human rights records or face consequences. In a June 21 statement ahead of an EU meeting on Central Asia policy, Human Rights Watch (HRW) urged the 27-member organization not to allow geopolitical interests to serve as “an excuse for downplaying the EU’s focus on human rights abuses in the region.” HRW reserved its harshest words for Uzbekistan and Turkmenistan, which “stand out as particularly closed and repressive, clamping down on independent civil society activism and silencing critics through a combination of threats, harassment, and politically motivated imprisonment.”

Uzbekistan: allow independent experts access to prevent persecution, say CIVICUS and Expert Working Group (June 2012)
CIVICUS and Expert Working Group, Uzbekistan are demanding an end to the persecution of human rights activists in Uzbekistan and proper access for international human rights experts.

Activist free but crackdown widening (April 2012)
Uzbek authorities released the rights defender Alisher Karamatov from prison on April 12, 2012, after he served almost two-thirds of a nine year prison sentence, Human Rights Watch said. Karamatov, an active member of the Human Rights Society of Uzbekistan, who monitored violations of social and economic rights, in particular the rights of farmers and the disabled, was detained in April 2006, prosecuted, and convicted on politically-motivated charges in June 2006.

Uzbekistan touts own civil society model in round table meeting in Tashkent (March 2012)
Uzbekistan hosted a round table on issues of establishing a strong civil society and deepening of democratic reforms aimed at comprehensive provision of human rights. The round table was attended by representatives of the parliament, the General Prosecutor's Office and the Ministry of Justice of the Republic of Uzbekistan, law enforcement agencies, national human rights institutions, public associations and mass media, diplomatic corps and international organizations accredited in Tashkent. The round table stressed that the model of phased, successive reforms implemented in Uzbekistan through an evolutionary approach can serve as an example for many countries around the world.

HRW report highlights concerns that the plight of civil society activists in Uzbekistan is worsening(January 2012)
A Human Rights Watch report released in December 2011 argues that nearly one decade after a UN Special Rapporteur found that torture in Uzbekistan was widespread and systemic, and nearly seven years after the massacre in Andijan, the plight of civil society activists continues to worsen. Torture is so prevalent that in seven cases since 2008, the European Court of Human Rights ruled against sending detainees back to Uzbekistan on the ground that they would be tortured. Tashkent has refused to allow the UN Special Rapporteur on torture to visit the country.

News Archive

Release of Mr. Norboy Kholjigitov, ongoing arbitrary detention of eight other HRSU members (October 2011)

AIDS activist released, but other human rights defenders harassed (September 2011)

Internet censorship in Uzbekistan (August 2011)

Employee of British Embassy in Tashkent loses appeal against fine (August 2011)

British Embassy staffer fined by court for contact with activists (July 2011)

Tashkent journalist lost her job because of the trip abroad (July 2011)

Uzbekistan Supreme Court approves closure of Human Rights Watch office (June 2011)

Activists harassed after TV broadcast (April 2011)

Uzbekistan can't muzzle the messenger (April 2011)

Links between journalists and foreign embassies placed under control (March 2011)

Government shuts down Human Rights Watch office (March 2011)

Uzbek human rights group facing criminal libel suit (March 2011)

No journalist is immune from slander, defamation charges (February 2011)

The foregoing information was collected by the ICNL NGO Law Monitor partner in Uzbekistan, Mr. Gayrat Usmanov.