Mar 29, 2021 | News, Publications, Reports, Thematic reports, Uncategorized
The International Commission of Jurists (ICJ) has published a new report Accessing Economic and Social Rights in Uzbekistan: An Analysis of Selected Laws and Practices. In the report, it considers aspects of Uzbekistan’s implementation of its obligations to respect, protect and fulfil economic, social and cultural (ESC) rights through laws and policies as well as through access to justice and remedies for those who allege that their ESC rights have been violated.
Analysing the general legal framework for protection of these rights, the report considers in more detail particular challenges in Uzbekistan, in respect of the right to adequate housing, the right to health, and rights in the workplace.
In the report, the ICJ concludes that in-depth reforms of the justice system are still needed to ensure effective remedies for ESC rights violations in practice, including through genuine independence of the judiciary and regular application of international human rights law in and by the courts.
In general, the use of international law in the Uzbekistan justice system remains weak and underdeveloped. International law is to a high degree theoretical for most legal practitioners, an approach that appears to have its roots in legal tradition and culture, lack of political will and a lack of concrete programmes of measures to make progress in this regard. In practice, judges, prosecutors and lawyers continue not to be exposed to international law on ESC rights, and usually do not apply it in their work directly.
The report concludes that in Uzbekistan the justiciability of ESC rights is not always accepted, as some ESC rights are not seen as rights whose violation could or should be remedied through and by the courts. Rather, many actors see guarantees of non-discrimination or aspects of the right to health or education as benefits which are not of a justiciable nature. Lawyers, sharing a similar legal mindset and background, do not tend to demonstrate the necessary legal activism in pursuing judicial remedies in such cases.
The report contains five chapters. Chapter 1 of the report outlines the general issues which are essential to ensure access to justice for ESC rights in Uzbekistan. Chapter 2 is dedicated to issues related to the right to housing, its international legal aspects and national implementation. Chapter 3 discusses issues related to the right to health while Chapter 4 describes the aspects of the protection of the right to work internationally as well as in Uzbekistan. In Chapter 5, the report sets out conclusions and recommendations on access to justice as well as the measures to protect specific rights addressed in the report.
The publication of the report marks the conclusion of a three-year project, ACCESS, of the International Commission of Jurists (ICJ), which has worked to advance civil society engagement for the protection of ESC rights in Uzbekistan. It draws on several discussions in Uzbekistan, as well as on legal research carried out throughout the project.
Please see the report below:
In English: Accessing Economic and Social rights in Uzbekistan: an analysis of selected laws and practices
In Russian: Доступ к экономическим и социальным правам в Узбекистане: анализ законодательства и практики
In Uzbek: Ўзбекистонда иқтисодий ва ижтимоий ҳуқуқларни баҳолаш: айрим қонунлар ва амалиёт таҳлили
Please see the executive summaries below:
In English: Accessing Economic and Social rights in Uzbekistan: an analysis of selected laws and practices. Executive summary
In Russian: Доступ к экономическим и социальным правам в Узбекистане: анализ нормативно-правовых актов и практики. Резюме отчета.
In Uzbek: Ўзбекистонда иқтисодий ва ижтимоий ҳуқуқлардан фойдаланиш имкониятлари: алоҳида норматив-ҳуқуқий ҳужжатлар ва амалиёт таҳлили.Ҳисоботнинг қисқача мазмуни
Oct 8, 2020 | News
Today, the ICJ, the Regional office of the UN High Commissioner for Human Rights (OHCHR) for Central Asia and the Supreme School of Judges of the Republic of Uzbekistan (SSJ) are beginning a national training on “International law on economic, social and cultural (ESC) rights.”
This two-day online-training is the second of a series of trainings on ESC rights, including, the right to health, education, housing, child protection and rights in the workplace.
The online-training aims to build the capacity of judges, lawyers, prosecutors, legal academics and other representatives of civil society to apply international law and standards on ESC rights. Trainers will share best practices on implementation by States of their international obligations, including through judicial practice, and in ensuring access to justice for ESC rights. The online-training will also allow for exchanges between members of the judiciary, other legal practitioners, and members of civil society.
The training will be based on four modules: (1) introduction to international law on ESC rights; (2) international obligations concerning access to justice and effective remedies for ESC rights in national courts and comparative examples of good practices; (3) children`s ESC rights and (4) women`s ESC rights. The office of the UN Special Rapporteur on independence of judges and lawyers and representatives of the UN Committee on the Elimination of Discrimination against Women will participate in the training.
“Nobody could imagine the challenges the world will face only in few months after my visit to Uzbekistan. We are witnessing and living this unprecedently challenge for individuals, societies and states to response to crisis at global and national level to protect right to life and health, and to protect individuals from impact of lockdowns and restrictions. Economic, social and cultural rights are the heart of these challenges,” said Diego Garcia-Sayan, the UN Special Rapporteur on independence of judges and lawyers in his video-address to the participants of the training.
Francois Begeot, Head of Cooperation of the Delegation of the European Union to the Republic of Uzbekistan pointed out, “COVID-19 pandemic showed the urgency and importance of economic, social and cultural rights that have to be ensured by the states, even in the emergency situations. Taking international obligations, Uzbekistan has to respect, protect and fulfil human rights including during the state of emergency and ensure access to justice and legal remedies.”
Read full press release here.
Watch Diego García-Sayán speech for the event:
Contact:
Ms. Dilfuza Kurolova, Legal Consultant, ICJ Europe and Central Asia Programme, e: [email protected]
Ms. Guljakhon Amanova, National Program Officer, Uzbekistan, Regional Office of the UN High Commissioner for Human Rights (OHCHR), e:[email protected]
Mr. Utkir Khalikov, Head of the international department The Supreme School of Judges under the Supreme Judicial council of the Republic of Uzbekistan for Central Asia, e: [email protected]
Aug 28, 2020 | Agendas, Events
Today, the ICJ and LPRC began a series of online seminars on international human rights mechanisms for the protection of migrants, refugees and asylum seekers for 44 Kazakh defense lawyers and human rights defenders of NGOs.
The seminars took plance via online communication on 28 and 29 of August and 12 of September. The event was of particular importance given the impact of COVID-19 on migration processes in Kazakhstan and Central Asia region.
The seminar lectures were delivered by prominent international experts in the field of migration from the International Commission of Jurists, representatives of the UNHCR Complaints Division, the European Council for Refugees and Exiles (ECRE) and the Greek National Human Rights Commission.
The participants discussed international principles and fundamental documents on expulsion, detention and protection, briefly overviewed the economic, social and cultural rights of migrants, and considered the hierarchy of legal acts in Kazakhstan, the relationship between international law and national legislation. The training program consisted of theoretical and practical components to strengthen the gained knowledge and develop practical skills for the protection of migrants at the international level. A training module was prepared for the participants with an overview of access to international human rights mechanisms.
This seminar complements previously conducted trainings for 105 defense lawyers and human rights defenders of non-profit organizations on strategic judicial protection of migrants and ensuring the exchange of best practices and strategies between Kazakhstani and European lawyers.
The seminar was organized by the Legal Policy Research Center (LPRC) in cooperation with the International Commission of Jurists (ICJ) and the International Commission of Jurists – European Institutions (ICJ-EI), with financial support from the European Union under the project “Strengthening Legal Protection of Migrants’ Rights in Kazakhstan”. The project aims to improve the access of migrants to national and international instruments for the protection of human rights in Kazakhstan, as well as to stimulate professional training and cooperation between specialized lawyers from Kazakhstan and their European counterparts.
Jul 9, 2020 | Agendas, Events, News
The ICJ is holding an online discussion for lawyers and other representatives of civil society in Tajikistan on access to justice in the context of the Covid-19 pandemic. The discussion is held on 10 July 2020 from 14.00 to 17.00 Dushanbe Time (GMT + 5) on the GoToMeeting platform
The discussion aims to raise some of the main issues that lawyers face in providing legal representation both in and outside of courts.
The event will present an opportunity for practicing lawyers, NGOs and IGOs to discuss the recent challenges that the legal profession faced in Tajikistan as well as seek some of the solutions based on international law and best practices of other countries.
During the discussion, relevant international law and standards as well as comparative examples from the Central Asian countries and Azerbaijan will be discussed.
To participate in the discussions registration is required on the following link : https://forms.gle/QRywqBFPSxfR5eyk7
Working languages of the event are Russian and Tajik.
Contact:
Dilshod Juraev, t: +992 77 700 18 34 ; e: Dilshod.jurayev(a)icj.org
Jun 22, 2020 | News
Today, the ICJ, the Regional Office of the UN High Commissioner for Human Rights (OHCHR) for Central Asia and the Nationwide Movement “Yuksalish” are holding an Expert Discussion on the impact of COVID-19 on access to justice for economic, social and cultural rights (ESC rights) in Uzbekistan and comparative experiences from Europe and Central Asia.
The Fifth Expert Discussion, Access to justice in times of COVID-19, will address issues including access to a lawyer and access to court.
The event will present an opportunity to national and international experts, including lawyers, judges, members of UN human rights bodies, civil society, and other experts to debate questions of fundamental importance for ensuring access to justice and the protection of human rights in Uzbekistan.
“The COVID-19 pandemic has put new challenges before justice institutions around the world, including in Uzbekistan. These measures affected access to lawyers and courts judiciary therefore impeding full access to justice. This event will present an opportunity to discuss the solutions of States from around the globe about their responses to the pandemic. We believe that sharing experience among judges, lawyers and international experts from around the world will enrich the National debate and give an impulse for further development and the independence of the judiciary in Uzbekistan” said Akmal Burkhanov, Chairperson of the Nationwide movement “Yuksalish”.
“The pandemic became the so-called “maturity test” for the justice system and many of the urgent issues should be resolved in the light of the anti-COVID-19 measures taken. Therefore, I would also see the pandemic as an opportunity. The opportunity for transforming, changing for the better the functioning of traditional courts, provided that a high quality of justice and respect for individual rights are at the forefront of all changes,” pointed Eduards Stiprais, EU Ambassador to Uzbekistan.
Ryszard Komenda, Regional Representative of the UN Office for Human Rights for Central Asia quoted the UN High Commissioner for Human Rights, Michelle Bachelet, who stated that “in order to cope effectively with the pandemic states may need to introduce certain restrictions on the exercise of certain human rights, however, such restrictions need to be necessary, proportionate, and non-discriminatory”. Mr. Komenda noted that “the impact of the regulations on lockdown affected the day-to-day work of courts and lawyers. From the perspective of international human rights standards, it is crucial that the right of individuals to an operative and independent judicial system, in particular the right to an effective remedy, habeas corpus guarantees and access to a lawyer of one’s choosing are strictly adhered to”.
“Our fifth Expert Discussion on economic and social rights, is devoted to addressing the major problems people have in getting access to justice and defending their rights during the global COVID-19 pandemic,” said Sam Zarifi, the ICJ Secretary General.
“The ICJ has documented how around the world the pandemic has severely affected peoples’ right to health, to food, to water, to education and to sanitation, and we have also seen the additional difficulties facing people with lower income and access to the levers of power.”
“We aim to discuss how international law and national best practices can help the judiciary and legal system alleviate some of the human rights issues arising from Covid-19 in Uzbekistan, and maybe even build a more responsive and accountable system after the pandemic.”
Background:
The Expert Discussions on ESC rights aim to raise awareness about the implementation of international law and standards on ESC rights by the national justice system, to facilitate access to justice in relation to ESC rights and promote effective use of international law on ESC rights at the national level. Each Expert Discussion is attended by international and national experts.
The first discussion was held in September 2018 on international standards in labour rights. The second meeting, held in December 2018, concerned judicial application of the principle of non-discrimination; the third meeting, held in March 2019, was dedicated to the rights of people with disabilities, and the forth meeting, held in October 2020, discussed the right to adequate housing in Uzbekistan.
Uzbekistan ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1995.
The Expert Discussions are organized by the ICJ within the framework of the “Advancing Civil Society in Promoting economic, social and cultural rights (ESCR) Standards in Uzbekistan (ACCESS)” Project funded by the EU through the European Instrument for Democracy and Human Rights (EIDHR).
Contact:
Dilfuza Kurolova, ICJ Legal consultant, t: +998 90 9050099 ; e: dilfuza.kurolova(a)icj.org
Agenda:
English version
Russian version
Uzbek version
