The Equal Rights Trust is an independent internation- al organisation whose purpose is to combat discrimi- Equal Rights Trust nation and promote equality as a fundamental human right and a basic principle of social justice. “Having now shaken off the chains of the totalitarian system, Uzbeki- stan has chosen the path of democratic transformation”, said Islam Ka- - exactlyrimov, the 25 firstyears, President from the of dateUzbekistan, of independence as he announced to his death the state’s in 2016 in dependence in 1991. Yet Karimov’s presidency – which lasted for almost its– failed record to onfulfil civil this and promise. political Instead, rights. Uzbekistan became infamous for the suppression of dissent, labelled among the “worst of the worst” for ▪ date is the Uzbekistani experience of discrimination and disadvantage. Series: Uzbekistan Report Country While this record is well-known, what has not been well-documented to This report, published just months after the death of the “Padishah” After the Padishah (chief ruler), as Karimov was known, aims to fill that gap. - We find that for 25 years, Karimov’s position and polices were the key drivers of discrimination. Karimov promoted a state-sanctioned “secu Addressing Discrimination lar Islam” and enabled the targeting of so-called “independent Muslims”. His regime sought to co-opt ethnic minorities, using the spectre of ethnic and Inequality in Uzbekistan conflict to justify authoritarianism, an approach which in turn enabled fromthe almost forced complete sterilisation marginalisation to paternalistic of minorities restrictions like in the employment. Lyuli. Women For are subject to discriminatory policies imposed by the regime, ranging oflesbian, stereotypes gay, bisexual and the and maintenance transgender of discriminatory persons, people laws with by disabilitiesthe regime and those living with Human Immunodeficiency Virus, the perpetuation cause or exacerbate discrimination by private actors. - Yet this report concludes with the hope that with Karimov’s passing, there is an opportunity. While there is no immediate prospect of a radi cal change in governance, the death of an all-powerful leader offers at least a moment to change. Thus, the report poses the question: how will Uzbekistan change, after the Padishah? This report has been prepared with the financial assistance of the European Union. The contents of this report are the sole responsibility of the Equal Rights Trust and Equal Rights Trust can in no way be taken to reflect the views of the European Union. EQUAL RIGHTS TRUST After the Padishah Addressing Discrimination and Inequality in Uzbekistan The Equal Rights Trust Country Report Series: 8 London, December 2016 The Equal Rights Trust is an independent international organisation whose purpose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. © December 2016 Equal Rights Trust © Design December 2016 Dafina Gueorguieva Cover photos from top to bottom: Laying flowers at the burial site of Islam Karimov, www.kremlin.ru; Islam Karimov, Agência Brasil; Silk Road Cities, Asian Development Bank; and Women in Samarkand, Uzbekistan, Robert Wilson. Layout: Istvan Fenyvesi Printed in the UK by Stroma Ltd ISBN: 978-0-9956403-2-0 Allwritten rights reserved. permission No ofpart the of publisher, this publication or a licence may forbe translated,restricted copying reproduced, from stored the in a retrieval system or transmitted in any form or by other means without the prior Copyright Licensing Agency Ltd.,Equal UK, Rights or the Trust Copyright Clearance Centre, USA. London WC1X 8DP 314-320 Gray’s Inn Road United Kingdom Tel:www.equalrightstrust.org +44 (0) 207 610 2786 The Equal Rights Trust is a company limited by guarantee incorporated in England, and a registered charity. Company number 5559173. Charity number 1113288. The contents of this report are the sole responsibility of the Equal Rights Trust This report has been prepared with the financial assistance of the European Union. and can in no way be taken to reflect the views of the European Union. From the mid-19th century onwards, the people of Uzbekistan were under the yoke of Tsarist Russia, and later under the yoke of the Soviet Communist Empire, which made this land of unique natural and mineral resources a mere raw- material appendix. The inexcusable depreciation of and in fact the consignment to oblivion of our ancient national traditions, language, culture and customs, as well as the artificial thrusting upon us of an alien ideology and way of life greatly damaged the development of our country. Having now shaken off the chains of the totalitarian system, Uzbekistan has chosen the path of democratic transformation, cardinal reform in all spheres of social life, the construction of a secular and law-based state with a social orientation towards the market economy, and the renaissance of our national identity, culture and spirituality. Islam Karimov Islam Karimov, President of the Republic of Uzbekistan, 1991–2016 TABLE OF CONTENTS ACKNOWLEDGEMENTS ACRONYMS AND ABBREVIATIONS EXECUTIVE SUMMARY 1. INTRODUCTION . .1 1.1 Purpose and Structure of this Report ..............................2 ................ 1.2 Conceptual Framework ................................................. and Research Methodology 163 1.3 Country ..........................................................Context 21 1.4 History ......................................... 2. 1.5THE Government LEGAL AND and POLICY Politics FRAMEWORK RELATED TO EQUALITY ..2925 2.1 International Law ................................................ ..........29 2.1.12.1.2 MajorOther TreatiesUnited Nations Related Treaties to Equality Relevant ........................... to Equality 30 ......................................32 2.1.3 Regional Instruments .........................34 2.1.4 Treaties Not Ratified by Uzbekistan ...............................34 2.1.5 Customary International Law 34 .............................................. 2.2 The National Legal Framework on Equality and Non-Discrimination2.2.1 The Constitution ............................................37 ........38 2.2.2 Specific Equality and Anti-Discrimination Legislation ...43 2.2.3 Non-Discrimination Provisions. .in .Other . .Pieces . of . Legislation. .51 2.3 Enforcement and Implementation ...................................72 2.3.1 Uzbekistani Legal ............................................... System 7382 2.3.2 Enforcement ........................................................ 2.4 Summary 94 3. PATTERNS OF DISCRIMINATION AND INEQUALITY ..............96 ................. 3.1 Discrimination on the Basis of Religion or........................ Belief 96 3.2 Discrimination on the Basis of Ethnicity .............. 124 3.2.1 Discrimination and Inequality Affecting Lyuli ................ 138 3.3 Discrimination on the Basis of Political .......................... Opinion 151 3.4 Discrimination on the Basis of Gender 179 Gender Identity ................................................ 208 3.5 Discrimination on the Basis of Sexual Orientation and ... 220 3.6 Discrimination and Inequality Affecting Persons with Disability ...... 3.7 Discrimintion ..................................................... and Inequality on the Basis of Health Status 235 4. RECOMMENDATIONS3.8 Conclusion ..........................................248245 BIBLIOGRAPHY ........................................................ 262 ACKNOWLEDGMENTS This report is published by the Equal Rights Trust. The report is published Equalin both Rights an English-language Trust as part of and its aCountry Russian-language Report Series version. on addressing The conceptu dis- criminational framework, and structure inequality and in researchdifferent countriesmethodology around were the developed world. by the - production of the report. The research and drafting of the report was un Jim Fitzgerald and Joanna Whiteman at the Equal Rights Trust oversaw the - dertaken by a team of Equal Rights Trust consultants, working under the supervision of Jim Fitzgerald. The initial research on the legal framework inequalitywas undertaken was prepared by Anton by Burkov, a team aof legal Equal expert Rights based Trust in researchers, Russia. The who re- search for Part 3 of the report, focused on patterns of discrimination and based research on the principal patterns of discrimination in the country. both conducted primary field research in Uzbekistan, and undertook desk- isedThe firstand completeauthorised draft the ofreport the report for publication was produced in English by Equal and Rights translation Trust intoconsultant Russian. Sam Synergy Barnes. Solutions Jim Fitzgerald Inc. Limited and Joanna translated Whiteman and authorised revised, final the- Russian-language version for publication. TrustField researchresearchers was centralwho cannot to the be identification named for andsecurity description reasons. of patternsThe Equal of inequality and discrimination. This research was undertaken by Equal Rights Rights Trust is immensely grateful to these researchers for their brave and diligent work. The Equal Rights Trust is grateful to secondees, interns and volunteers who undertook desk-based research and provided editorial assistance in the de- velopment of the report. Thanks are due in particular to Stacy Stroud and Rosie Monaghan. Charlotte Broyd of the Equal Rights Trust oversaw the final editorial stages theincluding report. the proofreading and layout of the report.