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United Nations Committee on the Rights of the Child - States Parties Reports |
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UNITED
NATIONS |
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CRC
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Convention on the Rights of the Child |
Distr. GENERAL CRC/C/41/Add.8 19 February 2001 ENGLISH Original: RUSSIAN |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Initial reports of States parties due in 1996
Addendum
UZBEKISTAN
GE.0140749
(E)
CONTENTS
Paragraphs Page
Introduction 1
4 5
PART I
Country and population: General information 5 11 5
State
political structure: Basic principles 12 18 6
PART II
General information 19 45 7
General measures of
implementation 46 66 12
Legal status of the child 67 73 16
PART III
General principles: Nondiscrimination (art. 2) 74 79 17
Best
interests of the child (art. 3) 80 83 17
Right to life, survival and
development (art. 6) 84 86 18
Respect for the views of the child (art.
12) 87 91 19
Civil rights and freedoms: Name and nationality (art.
7) 92 95 20
Preservation of identity and protection of privacy
(arts. 8 and 16) 96 100 20
Freedom of expression and freedom of
thought, conscience
and religion (arts. 13 and 14) 101
106 21
Access to appropriate information (art.
17) 107 22
Freedom of association and of peaceful assembly (art.
15) 108 22
Prevention of torture or other cruel, inhuman or degrading
treatment or punishment of children (arts. 37 and 39) 109
110 22
Family environment and alternative care:
Parental guidance
(art. 5) 111 113 22
CONTENTS (continued)
Paragraphs Page
Parental responsibilities
(art. 18) 114 23
Separation from parents and family reunification
(arts. 9 and 10) 115 130 23
Children deprived of a family environment
(art. 20) 131 137 25
Adoption (art. 21) 138 149 26
Illicit
transfer and nonreturn (art. 11) 150 152 28
Periodic review of
placement (art. 25) 153 154 29
Information on certain groups of
children 155 175 29
Basic health and welfare: Disabled children (art.
23) 176 180 32
Health and health services (art. 24) 181
208 33
Mother and child health 209 210 37
Social security and
childcare services and facilities
(arts. 26 and 18) 211
221 37
Education, leisure and cultural activities (art. 28) 222
239 39
Aims of education (art. 29) 240 245 42
Leisure,
recreation and cultural activities (art. 31) 246 262 43
Recreation and
cultural activities 263 283 46
Criminal justice system: special
protection of
children (arts. 3036) 284 311 51
Special protection
measures against economic exploitation,
including child labour (art. 32) 312
326 55
NATIONAL HUMAN RIGHTS CENTRE OF
THE REPUBLIC OF
UZBEKISTAN
Tashkent 1999
Working group set up to prepare the national report:
A.H.
Saidov, Director, National Human Rights Centre
B.I. Ismailov, Chief, Human
Rights Analysis and Research Department
G.I. Rahimov, Chief Consultant, Human
Rights Analysis and Research Department
Referees:
Office of
the President of the Republic of Uzbekistan
Office of the Oliy Majlis
Commissioner for Human Rights (Ombudsman)
Parliamentary Institute for
Monitoring Current Legislation
Procurator’s Office of the Republic of
Uzbekistan
Ministry of Social Welfare
Ministry of Education
Ministry of
Health
Ministry of Internal Affairs
International nongovernmental
organization “Soglom Avlod Uchun”
Women’s Committee
Introduction
1. Young people under 30 make up more than half
the population of the Republic of Uzbekistan and 11 million of these or
48.2 per
cent of the population are under 18. Given that the
country’s normal democratic development is impossible without addressing,
as a matter of priority, the task of upholding the rights and freedoms and of
children, the Uzbek Government has conducted extensive
work in this area of
public relations.
2. The Convention on the Rights of the Child of 20
November 1989 was one of the first international instruments to which the
Republic
of Uzbekistan acceded, with parliamentary ratification on 9 December
1992.
3. The present document has been prepared by the National Human
Rights Centre, following the general guidelines regarding the form
and contents
of periodic reports to be submitted by States parties under article 44,
paragraph 1 (b) of the Convention. Part I of
the report provides general
information on the Republic of Uzbekistan. Part II describes the situation of
children in the Republic
of Uzbekistan, exploring the interrelationship between
children and the processes of national reform and building a constitutional
democratic State. Part III provides information on measures to comply with
commitments under the Convention in the Republic of Uzbekistan.
4. The
report uses information obtained from the responsible ministries and departments
and also from a number of nongovernmental
organizations dealing with
children’s rights issues, including the Mahallya, Kamolot and Soglom Avlod
Uchun foundations, the
Central Committee of the Red Crescent Society of the
Republic of Uzbekistan and the Women’s Committee of the Republic of
Uzbekistan.
PART I
Country and population: General information
5. The Republic of
Uzbekistan has an area of 448,900 sq. km and comprises the Republic of
Karakalpakstan, 12 provinces and the city
of Tashkent, and 163 rural
districts.
6. The population at the beginning of 1999 numbered 24.2
million, of whom 9.1 million
(37.8 per cent) lived in urban areas
and 15.1 million (62.2 per cent) in villages and the countryside. The
population density as
on 1 January 1998 was 53.3 per sq. km. The total numbers
of males and females are 11,819,900 (49.7 per cent) and 11,952,400
(50.3
per cent) respectively. Children below the age of 15 account
for 42 per cent of the population.
7. Uzbekistan is home to
more than 120 different nations and nationalities. The bulk of the population
(77.2 per cent) are Uzbeks.
Other nationalities, with populations
constituting more than 1 per cent of the national total, include: 1.2
million Russian (5.2
per cent), 1.1 million Tajiks
(4.8 per cent), 0.9 million Kazakhs (4.0 per cent) and 0.3
million Tatars (1.4 per cent).
8. The country’s
literacy rate is 99.1 per cent. Most illiterates are in the older
population groups aged 70 years and above.
Only 0.3 per cent of
males and females aged between 16 and 29 are illiterate. Of the population
aged 65 and over, 30.2 per cent
of women
and 17.7 per cent of men are illiterate.
9. The
educational level in Uzbekistan is reasonably high. Currently, of
every 1,000 persons in employment, 986 have higher or specialized
education. Of these, 142 (15 per cent) are specialists with
full or partial higher education, 199 (21 per cent) have specialized
secondary education, 480 (50.6 per cent) have general secondary
education and 127 (13.4 per cent) have partial secondary
education.
There are more than 60 higher education establishments in
Uzbekistan. One in four people working in the national economy has received
higher or specialized secondary education.
10. In 1997, the
country’s gross domestic product (GDP) was 976.8 billion som,
or 41,294 som per capita. The GDP deflator index
in 1997 was
166.2 per cent. GDP increase in 1997
was 5.2 per cent with a per capita increase of
2.5 per cent. Average monthly inflation
in 1997 was
6.1 per cent. Significant advances have been achieved thanks to the
adoption and implementation of a number of social
programmes. Thus, following
implementation of the State gas supply programme, more than 60 million people
now use natural gas and,
as at the beginning of 1999, 72 per cent of
the country’s population centres had piped gas. The programme aims to
increase
that level to 86 per cent by 2010. With support from a
number of developed countries, including Germany, Japan and the United States
of
America, a programme is under way in Uzbekistan to provide good quality drinking
water to the population and desalination plants
have been set in operation in
those parts of the country with the severest water supply problems
(Karakalpakstan, Khorezm province
and others). In addition to these programmes,
State programmes are being run in Uzbekistan for the training of professionals,
overhauling
the health sector, promoting the legal literacy of the general
public, enhancing the role of women in the social and State sectors,
developing
fitness and sports, promoting family planning and in
other areas.
11. According to Ministry of Labour figures, as at the
end of 1998, of the total economically active population, 40,100 people were
unemployed.
State political structure: Basic principles
12. The Republic of Uzbekistan was formed on 31
August 1991 on the territory of the former Uzbek Soviet Socialist Republic, a
constituent
part of the USSR. The country’s accession to State
independence and sovereignty set in motion a process of fundamental reforms
and
political transformations.
13. The Constitution of the Republic of
Uzbekistan, adopted on 8 December 1992, reflects the aspirations, spirit, social
awareness and culture of the
people and enshrines its commitment to universal
human values and the universally accepted principles and norms of international
law. The Constitution incorporates the fundamental provisions of the Universal
Declaration of Human Rights.
14. The constitutional underpinning of the
rights and freedoms of the individual provides the foundation for the new
interrelationship
between the individual and the State. At the current stage in
the restructuring of the country’s social and economic development,
solid
foundations have been laid for the conduct of farreaching democratic reforms
based on a recognition of the immanent worth of
the human individual and of the
unconditional priority of his or her rights and freedoms.
15. The
Constitution establishes the principle of the division of powers into a
legislature, executive and judiciary.
16. Legislative power is exercised
by the Oliy Majlis, the Parliament of Uzbekistan, which is the supreme State
representative body.
17. The President of the Republic of Uzbekistan is
the head of State and head of the country’s executive. At the same time,
the President serves as chair of the Cabinet of Ministers.
18. Judicial
power is exercised by the system of judicial authorities, headed
by:
(a) The Constitutional Court of the Republic of Uzbekistan, which
considers cases relating to the constitutionality of formal decisions
of the
legislature and the executive;
(b) The Supreme Court of the Republic of
Uzbekistan, the highest judicial body in the civil, criminal and administrative
court hierarchy;
(c) The Higher Economic Court of the Republic of
Uzbekistan, which settles disputes over economic matters.
General information
19. As far as its
demographic situation is concerned, Uzbekistan has a number of very specific
features. Over the period 19801989,
mean annual population growth was
2.4 per cent and, over the period 19901998, 1.6 per cent.
Compared with 1990 levels, the urban
population increased by
10.3 per cent and the rural population by
25.4 per cent.
20. Uzbekistan’s population growth is
chiefly attributable to natural increase, i.e., a consistently high birth rate
(553,000
children were born in 1998). This process is reinforced by the pattern
of the growth rate, the principle determinant of population
growth. Thus, for
many years, the nationwide crude birth rate remained at the level of 3334 per
thousand, while in recent years
it has dipped significantly to 23.2 per
thousand in 1998. Very high birth rates have been maintained only in the
SurkhonDarya,
QashqaDarya, Jizzakh and Namangan provinces, in other words, in
predominantly rural areas.
21. This drop in the birth rate is also
reflected in birth rate figures for the different age groups. The birth rate
for the age
group 2024 remains the highest, at 290295 births
per 1,000 women, while in the 25 29 age group it has stabilized at
250 255 births.
In the other age groups (30 49), the levels have declined.
Ministry of Health data shows that infant mortality in 1998 was 21.7
per 1,000
live births and maternal mortality 28.6 per 100,000 live births.
22. The
high birth rate, maintained over many years, has led to an increase in the
population of the younger age groups. As on 1
January 1998, there were 11
million children aged under 18, constituting 48.2 per cent of the
country’s population.
23. Since the mid1970s, the rate of
population growth in the employable age groups has exceeded the growth rate for
the population
as a whole; accordingly, the proportion of those population
groups in the country’s population has grown. The population growth
rate
in employable age groups has been steady and their numbers increased from 10
million in 1990 to 14.2 million in 1998.
24. The population of the
youngest employable age group, aged 15, is of particular importance for the
development of demographic processes
and for the growth of the
country’s workforce in the future. As at the beginning of 1998, this
population group, numbering
3.1 million, constituted
22.5 per cent of the country’s total population. The dynamics
of this population group is an important
factor in determining the
country’s future employment policies.
25. Another feature of
comparable importance is the correlation between the employable population and
the population of those in the
immediate preretirement and postretirement age
groups. As at the beginning of 1997, the population of the preretirement age
group
(5059) accounted for 9.8 per cent of the total employable
population of the country, with 1.2 million, and that of the postretirement
age
group (women over 54 and men over 59) for 7.7 per cent, with 1.7
million. The figure for 1990 was 1.6 million, representing
7.8 per cent of the population. Thus, the ageing of the
country’s population is not perceptible and any increase in the
demographic
load on the productive population is due to increase in the numbers
of children.
26. The average family size in Uzbekistan is 5.5 persons,
attributable to strong traditional methods for the planning and regulation
of
families, which have militated against the collapse of the
family.
27. Economic situation: the geography of Uzbekistan is a
combination of mountains and foothills, desert areas and fertile valleys,
with a
wealth of natural resources.
28. A total of 4.25 million hectares is
currently under irrigation. There is a potential reserve of irrigated land of
some 15 million
hectares. With its soil and climate conditions, Uzbekistan can
have three harvests a year. The country is fully able to meet its
food needs
with domestic production.
29. Uzbekistan is rich in minerals and raw
materials and has the world’s greatest resources of gold, silver and
certain other
rare metals. Some 100 different minerals have been identified in
the country, concentrated in 2,700 deposits. Practically the entire
Mendeleev
periodic table is represented. According to information provided by foreign
experts, Uzbekistan’s total potential
in minerals and raw materials constitutes US$ 3.3 trillion. Every year,
minerals to a value of some US$ 5.5 billion are mined, providing
an annual
growth in capital reserves of US$ 67 billion.
30. The
country has large deposits of gas, oil and coal, and also extensive
hydroelectric resources, which are of great importance
for its economy. Nearly
74 per cent of the liquid gas resources of the entire Central Asian
region, 31 per cent of its oil, 40 per
cent of its natural
gas and 55 per cent of its coal are to be found in
Uzbekistan.
31. Industrial enterprises have been created and set in
operation in Uzbekistan, covering virtually all sectors from heavy industry
engineering, aviation and motor vehicle construction to branches of light
industry and the industrial processing of agricultural
produce and sciencebased
production. Measures taken by the Government have enabled Uzbekistan to become
selfsufficient in grain
and oil.
32. The Republic of Uzbekistan boasts
one of Central Asia’s largest energy systems, with a total of 37 power
stations. The
electrical power generated at these stations not only meets the
country’s domestic needs, it is also exported to neighbouring
States.
33. The main agricultural product is cotton. Every year, 4
million tonnes of cotton are harvested in Uzbekistan, from which 1.3 million
tonnes of cotton fibre are prepared.
34. The combined length of the rail
network of the country’s national rail company, Uzbekiston Temir Yullari,
is 3,655 km, with
680 km of dual track and 489 km of electrified
line.
35. Uzbekistan’s gas transport system comprises nine gas
trunk lines with a total length of 12,000 km. The pipeline is a
singletrack
system feeding into the common system of gas pipelines of the
countries of the Commonwealth of Independent States, through which
gas can
be supplied both to the countries of Central Asia, Russia and Ukraine and to
those of Europe.
36. Major regional water supply systems have been
laid in Uzbekistan with a total length of water pipelines of 1,400 km and an
installed
capacity of 1.6 million cum per day, sufficient to meet the industrial
and drinkingwater needs of all areas of the country.
37. Uzbekistan has a
telecommunications network. More than 1.5 million subscribers use the
country’s telephone services.
38. Uzbekistan’s construction
sector has great potential, with the ability to carry out construction and
assembly work to a
total of 100110 billion som (US$ 2.73 billion) per
year.
39. Uzbekistan’s transition to a market economy has entailed
the development of new economic relations in the healthcare system.
Until
recently, the State acted as the main guarantor of the provision of medical
services. The sector’s funding system,
which was strictly centralized,
and its outdated procedures for the sectoral redistribution of budgetary
appropriations were conducive
to the development of a healthcare system heavily
dependent on
hospital services, since the distribution of funding was pegged to the number
of hospital beds: the more beds the more money allocated.
This led to
imbalances in the development of the healthcare system. While outpatient
services were poorly developed, more and more
unneeded hospital places were
provided. As much as 80 per cent of the health budget was allocated
for the provision of hospital
places. At the same time, these hospital places
did not meet the most basic sanitary and medical service requirements since the
area allocated per hospital bed was, a mere 1.52 sq. m, instead of the
prescribed 79 sq. m.
40. In 19911992, the Ministry of Health, together
with the Ministry of Finance, changed its approach to the funding of health
care.
Budgetary resources are now allocated on a per capita basis, the funding
of outpatient centres and polyclinics is based on the number
of people that they
serve and that of hospitals on the number of patients. Introduction of these
measures has brought a halt to
the extensive development of a health sector
heavily reliant on hospital services. The budget share allocated for the
funding of
hospital services has dropped
from 80 to 60 per cent, in favour of outpatient
services, where funding has increased from a mere 810
per cent to
3040 per cent.
41. At the same time efforts have been made to
generate extrabudgetary resources, primarily by developing a system of paid
services.
Currently more than 15,000 hospital places are managed on a
selffinancing basis. Paid services are also being developed in the
outpatient
sector, primarily involving treatment and recuperative services, denture work,
cosmetic treatment and other diagnostic
procedures.
42. The task of
reforming the healthcare sector, while remaining sensitive to changing trends in
the general health of the population
and accommodating an annual population
growth of some 400,000450,000, has necessitated the elaboration of a State
programme for the
development of health care over the period 19961998. The
State programme includes the following measures:
Transforming the structure of the healthcare system, with a view to bringing the work of the healthcare establishments closer to that of general practitioners;
Enhancing the quality and effectiveness of medical care;
TB prevention and reduction programme;
Cancer prevention and reduction programme;
Safeguarding mother and child health;
Prevention and reduction of infectious diseases;
Healthcare funding and economic restructuring of the healthcare investment programme;
Construction of new facilities and major overhaul of the existing facilities
in the healthcare sector.
43. Implementation of this State programme has made
it possible:
To improve outpatient and polyclinic coverage, to expand the more popular forms of medical care and to extend such care to 50 per cent of patients;
Substantially to enhance the quality and effectiveness of medical care, particularly in villages and the countryside;
To reduce the high rate of maternal mortality to a targeted 28.1 per 100,000 live births by the end of 1999 and infant mortality to 24.0 per 100,000 live births;
To cut infectious diseases, particularly those involving acute intestinal infections, by 30 per cent, to prevent the reemergence of polio and to reduce outbreaks of diphtheria to a handful of cases;
To stabilize levels of TB infection and to reduce mortality from TB to 15 per cent;
To improve the early detection rate for various types of malignant tumour, to reduce oneyear mortality rate from cancer by 10 per cent and to increase the fiveyear survival rate by 15 per cent;
To improve medication cover for the population and for medical establishments
and to meet medical needs by 75 per cent, as against
59.5 per cent in 1995.
44. Pursuant to article 19 of the Public
Health Care Act of 29 August 1996, which states that the rights of minors to
health care
shall be upheld by the State through the creation of the most
favourable conditions for their physical and mental development and
for the
prevention of diseases and through the provision of medical care in preschool
centres, schools and other establishments,
minors have the right to:
Outpatient observation and treatment in preventivecare and treatment centres for children and adolescents in the manner prescribed by the Ministry of Health;
Instruction in health and hygiene and conditions for their education and work appropriate to their particular physiological condition and health state;
Free medical consultations, the cost to be borne by the State budget, where it is established that they are unfit to work;
The provision of necessary information on their state of health and on the general health and epidemiological situation in a form which they can understand;
Free inoculation against manageable infections, following an inoculation
schedule.
45. Minors over the age of 14 have the right to voluntary
informed consent to medical intervention or to refuse such intervention.
General measures of implementation
46. On 9 December 1992, the Supreme Council of
the Republic ratified the Convention on the Rights of the Child and the Republic
of
Uzbekistan entered into a commitment to observe all its provisions and to
shoulder its responsibility before the international community.
Various
legislative, administrative and other steps have been taken in Uzbekistan with a
view to bringing the State policy on children
into line with the provisions of
the Convention.
47. The development of a physically healthy generation
requires guaranteed, balanced and nutritious feeding, particularly for very
young children. This issue remains a cause of great concern, and all the more
so in remote areas. For this purpose, it is essential
that Uzbekistan has
access to environmentally sound infant foods and to sterilized milk,
acidophilous preparations and other clotted
milk products and that its food
industry include the manufacture of fruit and vegetable preserves,
purées, juices and other
drinks.
48. The safeguarding (survival),
development and protection of children in Uzbekistan, including protection of
their rights, freedoms
and lawful interests, are strictly monitored by the
State. Thanks to extensive support from the State, considerable progress has
been made in upholding the rights of children. This is particularly evident in
sport, where youth teams from Uzbekistan are among
the best in the continent in
such sports as football, boxing, karate, wrestling and chess.
49. The
legal status of children in Uzbekistan is governed by the following statutory
instruments: the Family Code of the Republic
of Uzbekistan of 30 April 1998;
the Code of Administrative Liability; the Civil Code of 29 August 1996; the
Criminal Code of 22 September
1994; the Labour Code and other
codes; the Citizenship Act of 2 July 1992; the Media Act of 14 June 1991;
the Youth (Amendments and
Supplements) Act
of 6 May 1995; the Education Act of 29 August 1997; the
Public Health Act of 29 August 1996; the Disabled Persons (Social Security) Act;
the Housing Policy Act of
1999 and a number of other statutes.
50. A
working group has been set up in Uzbekistan to study the Convention on the
Rights of the Child and to monitor its implementation.
51. To promote
implementation, a presidential order was adopted on 9 December 1998 on the
elaboration of a programme of measures to
strengthen the role of women in the
family and in the development of the State and society. A national
commission has also been
set up to elaborate a programme of measures to
strengthen the role of women in the family and in developing the State and
society.
The programme envisages activities to improve the legal framework for
protecting the interests of women, motherhood and childhood,
to set in place
conditions to strengthen the health of mothers and children and to ensure the
active participation of women in the
process of economic restructuring and
reform, and many other measures.
52. The Women’s Supplementary Benefits Act of 14 April 1999 opens new
possibilities for enhancing the situation of Uzbek women,
by furthering
implementation of the measures prescribed in the presidential decree on
supplementary measures to strengthen the social
protection of women and the
decision of the Cabinet of Ministers of 17 March 1999, on the provision of tax
concessions to women employed
in jobs with particularly unhealthy and difficult
working conditions.
53. Particular attention is given in Uzbekistan to
the issue of the social integration and rehabilitation of disabled
children. Decision
433 of the Cabinet of Ministers
of 11 November 1995 on the 19962000 State programme for the
rehabilitation of the disabled in Uzbekistan
stipulates basic measures to
prevent children’s disability and to ensure the medical and social
rehabilitation of the disabled
and their living conditions; to provide
vocational training and job placement for the disabled; and to promote
employment for the
disabled. More than 40 ministries, departments,
foundations and other voluntary organizations are involved in the implementation
of this programme. The programme envisages measures to prevent disability, to
ensure the medical and social rehabilitation of the
disabled, to train them in
various special fields and to provide physical training for them, and it also
provides for the training
of professionals to work with the disabled, for the
manufacture of prosthetic appliances and for other measures related to the
rehabilitation
of the disabled. Thirteen disabled rehabilitation centres have
been set up in different parts of the country for the purpose of
implementing
the programme.
54. National programmes have been elaborated and are
currently being implemented in such areas as the health of women of
childbearing
age, the general health of the younger generation, the creation of
a State motherandchild screening system and other youth health
problems.
55. The Oliy Majlis (Parliament) has adopted its Commissioner
for Human Rights Act and on 30 April 1998 it adopted the Family Code
of the
Republic of Uzbekistan.
56. It is impossible to ensure genuine protection
of the rights and freedoms of children without an extensive campaign to
publicize
the basic standards of international law in the field of human rights.
Accordingly, the Uzbek Government is giving particular attention
to legal
awarenessraising measures among the public, and in particular for children. On
7 June 1998, a presidential decree was adopted
on promoting the legal literacy
of the general public, and legal awarenessraising centres have been set up as
part of the local Ministry
of Justice officers, for the purpose of implementing
this decree in the country’s provincial centres.
57. In 1996 and
1997, four national human rights institutions were created: the Oliy Majlis
(Parliamentary) Commissioner for Human
Rights; the Oliy Majlis Institute for
Monitoring Current Legislation; the National Human Rights Centre; and the
Ijtimoiy Fikr Public
Opinion Centre. The activities of these institutions are
geared towards the protection of human rights and freedoms and, in particular,
the rights of the child.
58. The following authorities are responsible for ensuring protection of the
rights and interests of the child in Uzbekistan:
(a) At the national
level:
(i) The highest State authorities and administrative bodies, namely, the President of the Republic, the Oliy Majlis of the Republic of Uzbekistan and the Cabinet of Ministers of the Republic of Uzbekistan;
(ii) Within the Oliy Majlis: the Oliy Majlis Commissioner for Human Rights;
(iii) Within the Cabinet of Ministers: the Women’s Affairs Committee, the Minority Affairs Commission; and the Religious Affairs Committee;
(iv) National Human Rights Centre;
(v) Ministries and departments, on issues falling within their respective areas of jurisdiction.
(b) At the local level:
(i) Care and guardianship bodies within the local authorities, local minority affairs commissions, etc.;
(ii) Procurators’ offices;
(iii) General courts;
(iv) Nonprofit nongovernmental organizations.
59. Protection
of the rights and interests of children is the concern not only of State but
also of public (nongovernmental) organizations,
both charities and human rights
bodies. These include, for example, the Women’s Committee, the Mass Media
Democratization
Foundation, the Soglom Avlod Uchun, Umid, Ustoz and Kamolot
Foundations, the advocates’ and judges’ associations, the
Association of Women Entrepreneurs and many others.
60. The Kamolot youth
foundation works to promote all aspects of the development of the younger
generation through its participation
in social protection work for young people
and by ensuring the necessary conditions for their education. The foundation is
a selffinancing
nongovernmental organization.
61. The Government is
conducting an awarenessraising exercise among the younger generation, to foster
among them respect for traditions
and customs and to open their eyes to the
dangers of fundamentalism and wahhabism.
62. Beginning with the 1998 school year, more than 630,000 school kits
costing a total of 767 million som were issued to firstgraders.
From the
same funds, sets of winter clothing were provided to 373,000 pupils in primary
grades from lowerincome families, to a total
value of 1,072 million som. The
level of material assistance provided by the State to lowincome families
increased by 80 per cent
to an average per family of 1,070 som. More
than 14 per cent of all families received such
assistance.
63. The existing system for supporting lowincome families is
heavily geared towards assisting families with children, primarily large
families. Families with children account for some 80 per cent of all
the benefits. The benefit is reasonably high, ranging from
1.5 to 3 times the
minimum salary. In 1996, more than 10 per cent of all families living
in Uzbekistan received these benefits.
The procedures for the allocation and
payment of both types of benefit have much in common and allocation of the one
benefit does
not preclude allocation of the other. It should also be noted
that minors from lowincome families attend children’s holiday
camps free
of charge, the cost borne from State funds.
64. In the implementation of
the social support programme for lowincome sectors of the population, particular
stress has been placed
on the payment of benefits to families with children.
Where previously children’s benefits were paid to all families,
irrespective
of their financial situation, from 1 January 1997 these
benefits have been reserved for lowincome families, and allocated by the
mahallya committees.
65. In 1993 the international nongovernmental
charitable foundation Soglom Avlod Uchun (“for a Healthy
Generation”) was
founded. Its primary tasks are the following:
To renovate the country’s institutions for obstetric and gynaecological
care and children’s institutions, building up
their material and technical
base and providing uptodate equipment;
To ensure the protection of maternal and child health through the national
health and fitness programme for the young people of Uzbekistan;
To develop and extend international cooperation in the area of the protection
of motherhood and childhood.
The foundation carries out its various
projects through its 14 provincial divisions and
more than 100 focal points and in this way
has become active in
nearly all the districts of the country.
66. Among the organizations
active in Uzbekistan are the Ekosan, Mahallya, Kamolot and Umid
foundations, whose activities include
measures to safeguard the rights of
children.
Legal status of the child
67. As stated in article 1 of the
Convention: “legal status of the child means every human being below the
age of 18 years
unless under the law applicable to the child, majority is
attained earlier”. Uzbekistan recognizes the need for proper legal
protection for the interests of the child and for constant concern for the
welfare of children, so as to improve the living conditions
of children in the
country. Accordingly, there are no fundamental differences between the
Convention on the Rights of the Child
and Uzbek legislation with regard to the
legal status of children.
68. Pursuant to article 17 of the Civil
Code of the Republic of Uzbekistan and the corresponding provisions of other
Uzbek codes,
the passive capacity of citizens commences at
birth.
69. Article 22 of the Civil Code of the Republic of
Uzbekistan establishes that citizens attain full active capacity at the age of
majority, i.e., 18. A citizen who has lawfully married before the age of
majority attains full active capacity from the moment of
such marriage. Under
the provisions of the Family Code of the Republic of Uzbekistan marriageable age
is set for men at 18 and for
women at 17 and in exceptional
circumstances may be lowered, by decision of the hokimiyat, but by no more than
one year.
70. Article 28 of the Civil Code stipulates that
minors who have reached the age of 16 and are working under an
employment contract
or are engaged in entrepreneurial activity with the consent
of their parents, may be considered to have attained full active capacity
(emancipation).
71. According to article 27 of the Civil Code,
minors aged between 14 and 18 are entitled, independently and without
the consent of
their parents, adoptive parents or guardians:
(a) To
dispose of their own earnings, education grants and other income;
(b) To
exercise the rights of authors of works of science, literature and art, of
inventions or of any other result of their intellectual
activity;
(c) In
accordance with the law, to invest in credit institutions and to dispose of such
investments;
(d) To conduct minor personal transactions and other
transactions designed to secure profit without remuneration which do not require
notarial authorization or State registration.
72. They are also permitted
to conduct transactions with the use of resources provided to them for that
particular purpose or for
them to dispose of at will.
73. Children aged
between 6 and 14 are entitled independently to conduct minor personal
transactions and transactions designed to
secure profit without remuneration
which do not require notarial authorization or State registration. They are
also entitled to
conduct transactions involving resources that have been made
available to them.
PART III
General principles: Nondiscrimination (art. 2)
74. The
Constitution of the Republic of Uzbekistan and Uzbek legislation governing the
legal status of citizens resident in Uzbekistan (in particular,
the
Citizenship Act of the Republic of Uzbekistan) accord to children all the rights
enshrined in the Convention, without discrimination
as to race, colour, sex,
language, religion, political or other opinion, national, ethnic or social
origin, property, disability,
birth or other status of the child, of the
child’s parents or legal guardians, or any other
considerations.
75. Article 6 of the Labour Code of the Republic of
Uzbekistan, which entered into force on 1 April 1996, stipulates
that distinctions
in the employment area attributable to specific requirements
of a particular job or the particular concern of the State for people
needing
extra social protection (women, minors, the disabled and others) shall not be
deemed to be discrimination.
76. The Freedom of Conscience and Religious
Organizations Act of 1 May 1998 provides for the protection of the
rights and interests
of all citizens, including children, without regard to
their attitude to religion. The imposition of any direct or indirect
restriction
on the rights of citizens and the granting of any privileges on the
basis of religious affiliation, as well as the incitement to
religious hostility
and hatred or acts offending the religious sensibilities of citizens shall be
punishable by law.
77. The Code of Criminal Procedure of the Republic of
Uzbekistan governs the procedure by which justice is administered in Uzbekistan,
on the basis of the equality of all citizens before the law and the courts,
without regard to origin, social, official and property
status, racial and
national affiliation, sex, education, language, attitude to religion, form and
nature of employment, place of
residence and other circumstances.
78. The
right of citizens to education is defined in a similar manner by the Education
Act. This act guarantees the right to education without regard to race,
nationality, language, sex, age, state of health, social, property
and official
status, social origin, place of residence, attitude to religion, beliefs, party
affiliation and criminal record.
79. Difficulties often arise, however,
in the application of these principles enshrined in law, due to the processes of
transition
to a market economy and the commercialization of the medical,
educational and leisure sectors, with the resulting reduced accessibility
of
those sectors.
Best interests of the child (art. 3)
80. This provision is codified in current
legislation. Articles 41 and 42 of the Constitution establish the right to
education, the freedom of scientific and technical work, and the right to use
the achievements of culture.
Article 75 of the Family Code of the Republic of
Uzbekistan
obliges parents to render moral and material assistance to children. Uzbek
law also establishes the right of children to appeal to
the care and
guardianship authorities for the protection of their rights and interests, in
the event that these have been breached
by their parents or by persons acting in
their stead.
81. A procedure has been established under which in
exceptional cases or where there is direct threat to the life or health of a
child
the care and guardianship authorities are entitled to take a decision on
the immediate removal of a child from the child’s
parents or from
other persons under whose care the child had been placed. In such
circumstances the care and guardianship authorities
shall be obliged
without delay to bring an action in the courts against one or both parents for
the deprivation of their parental
rights or for the removal of
the child.
82. The principle of the best interests of the child is
also respected in the Family Code. This establishes that parents are
obliged
to raise their children with due care for their
physical development and their education. For the accomplishment of this
task parents
are accorded the corresponding rights, including the right to raise
their children themselves. At the same time, to protect the
interests of
the child, certain limits are placed on the exercise of those parental rights,
which may not be exercised in a manner
contrary to the child’s best
interests.
83. Information on measures to ensure that institutions and
departments responsible for the welfare and protection of children conform
to
the established standards may be found in the respective sections of the report
relating to specific activities in this area.
Right to life, survival and development (art. 6)
84. This right is guaranteed by the provisions
contained in article 24 of the Constitution, while article 72 of the Family
Code vests in parents the responsibility to raise their children and to take due
care of their physical
development and education.
85. Given that infant
mortality rates in Uzbekistan were relatively high, at 21.7 per
1,000 live births, the State policy to reduce
mortality among children is
designed to attack the causes behind these high rates. This primarily involves
measures to control the
consequences of the environmental crisis caused by the
desiccation of the Aral Sea. Additional resources are being assigned to the
Aral region to improve its health and hygiene status; a programme has been
elaborated with the World Bank to ensure the supply of
safe drinking water to
the population of the Aral region; investments are being mobilized to develop
the social infrastructure in
the region. Steps are also being taken to improve
the medical care for children in other areas of the country. A number of
children’s
welfare nongovernmental organizations have been set up, the
most important of which include the Soglom Avlod Uchun and Ekosan foundations.
In response to the uncontrolled growth of the birth rate, which is one of the
main factors behind the growth in the infant mortality
rate, the State is
conducting measures to promote family planning, the availability of
contraceptives and the distribution of easytoread
literature on preventing
unwanted pregnancies.
86. Due account has been taken of traditional systems used in Uzbekistan to
control the raising of children. Measures have been elaborated
to revive these
systems as a means of supporting large families, which have been hardest hit by
the transition from the semipatriarchal
system to the market economy. One of
these traditional systems is the mahallya a community of several families or
households unified
on a territorial basis. The mahallya, which functions as the
organ of local authority, channels assistance to needy large families
and
performs the traditional function of monitoring the education and upbringing of
the younger generation. In addition, a special
Mahallya Foundation has been
established, whose responsibilities also include promoting optimal conditions
for the development of
children.
Respect for the views of the child (art. 12)
87. Articles 29 and 4345 of the Constitution
establish and guarantee the right to freedom of thought, word and belief. The
Education Act of the Republic of Uzbekistan reaffirms the humanistic nature of
education, accords priority to the free development of the individual,
outlaws
the imposition in education of any ideological beliefs and thereby ensures the
free development of children and the free
expression of their
views.
88. The right to free expression by children of their views is
upheld in judicial practice. Thus, the new Criminal Code makes provision
for
the participation in the questioning of young offenders of a teacher or a
psychologist (art. 554). The Family Code prescribes
that due account shall
be taken of the child’s personal opinion in considering issues related to
the determination of paternity,
changes of first name or surname and adoption
matters. In taking its decision, the court is obliged to take due account of
the opinion
of the child.
89 The State accords particular attention to
the need to guarantee that children enjoy genuine freedom of conscience. Most
legal
rules in this area are governed by the provisions of the Criminal Code of
the Republic of Uzbekistan and the Freedom of Conscience
and Religious
Organizations Act. Article 7 of the Act stipulates that the educational system
in the Republic of Uzbekistan shall
be kept separate from religion. Religious
subjects may not be included in educational syllabuses. The right to secular
education
is guaranteed for citizens of the Republic of Uzbekistan without
regard to their attitude to religion. The new version of the Act
(of 1 May 1998) strictly prohibits any attempt forcibly to impose
religious views on children.
90. Citizens are admitted to institutions of
higher and secondary religious education after completion of their obligatory
general
secondary education in compliance with the Education Act of the Republic
of Uzbekistan. Persons teaching religious subjects in religious educational
establishments must have a religious
education and must obtain permission of the
appropriate central administrative authority for the exercise of their teaching
activities.
The teaching of religious dogma on a private basis is
prohibited.
91. The remaining problems in this area are attributable to
the lack of a system for the provision of information and the raising
of
awareness, which would familiarize both the children themselves and teachers and
psychologists with the rights of children to
the free expression of their
views.
Civil rights and freedoms: Name and nationality (art. 7)
92. Citizenship issues are governed by
provisions in the Constitution of the Republic of Uzbekistan (chap. VI),
and the Citizenship Act of 2 July 1992 (arts. 1316, 2228). Under the Act
(art. 1), citizenship
of the Republic of Uzbekistan determines the
permanent, political and legal relationship between the individual and the
State, as
expressed in their mutual rights and duties. No restrictions are
placed on rights on the basis of the grounds on which they were
obtained, or on
the basis of origin, social and property status, racial and national
affiliation, sex, education, attitude to religion,
political and other
convictions, and form and nature of employment.
93 The following are
deemed to be citizens of the Republic of Uzbekistan: first, persons who, at the
time of the entry into force
of the Citizenship Act (1992), were permanently
resident in the Republic of Uzbekistan; second, persons working on State
business
outside the Republic of Uzbekistan who are citizens of no other State;
and, third, those who have acquired citizenship in accordance
with the
Act.
94. The right of children to a name, the right to acquire a
nationality and the right to know and be cared for by their parents, referred
to
in article 7 of the Convention, is governed in national legislation by articles
76 and 77 of the Family Code and articles 19 and
1171 of the Civil
Code, which also makes reference to the right to a surname and patronymic and to
the possibility, in cases prescribed
by law, of the use of
pseudonym.
95. Article 20 of the Civil Code establishes the procedure for
the protection of a person’s name. Article 21 establishes that
the
place of residence of minors below the age of 14 or who have been placed in care
shall be deemed to be the place of residence
of their lawful representatives,
whether parents, guardians or adoptive parents.
Preservation of identity and protection of privacy (arts. 8 and 16)
96. Chapters V, VII and IX of the Constitution
of the Republic of Uzbekistan protect privacy and guarantee the preservation of
identity.
97. The life, health, rights and freedoms of children are
placed under the protection of the law. In the first section of its specific
provisions, the Criminal Code establishes criminal liability for crimes against
the individual. Encroachments on the life and health
of minors are deemed to be
aggravating circumstances.
98. Particular prominence is given in the
Criminal Code to the rule of law protecting children from all forms of sexual
exploitation
and sexual abuse (art. 128 covers sexual relations with
persons under 16, article 129 sexual abuse of persons under the age of
16,
article 131 the keeping of establishments of illrepute and procurement
involving minors and article. 135, paragraph (c) the recruitment
of minors
for the purposes of sexual or other exploitation). Article 130 of the Criminal
Code provides criminal liability for the
preparation or dissemination of
pornographic materials to persons under the age of 21.
99. The mahallya
cooperates closely with local internal affairs bodies, procurators’
offices and justice departments in combating
the spread of drug addiction and
alcoholism among children and various joint measures are being conducted for
that purpose. Where
young people are found to be behaving in an antisocial
manner, their parents and teachers are summoned to a meeting of the mahallya
to
discuss how to correct their behaviour.
100. Persons found to have had
sexual contact with minors are subject to criminal penalties.
Freedom of expression and freedom of thought, conscience
and religion (arts. 13 and 14)
101. Articles 29 and 31
of the Constitution guarantee the freedom of conscience and religion. These
same issues are regulated by the Freedom of Conscience and Religious
Organizations
Act of 1 May 1998. The purpose of the act is to give effect to
the right of every citizen to freedom of conscience and religion,
and to the
equality of citizens without regard to their attitude to religion, as well as to
regulate aspects of the work of religious
organizations.
102. There are
four religious centres currently in operation in Uzbekistan: the Islamic
Theological Board of Maverannahr, the Central
Asian Russian Orthodox Church
Board, the Central Asian Church of Seventh Day Adventists and the Central Asian
Church of Biblical
Baptist Christians. Their legal status is governed by the
norms and general principles of international humanitarian law and by
the
legislation of Uzbekistan.
103. Data issued by the Ministry of Justice
show that, at the beginning of 1999, applications had been received from
1,697 religious
organizations, of which 1,599 were
Muslim, 127 Christian and 11 of other denominations. As on 5 August
1999, 1,702 religious organizations
had been registered, of which 1,566 were
Muslim, 136 Christian (including 30 Orthodox, 16 Evangelical Baptist,
18 Full Evangelist,
9 Seventh Day Adventist, 3 Evangelical, 3 Roman
Catholic, 1 Armenian Apostolic and 44 Korean Protestant), 8 Jewish,
3 Baha’i
and 1 Bible Society. About 80 applications are
still under consideration.
104. Under article 3 of the Act, freedom of
conscience is the guaranteed constitutional right of citizens to profess any
religion
or to profess none. According to data from the Religious Affairs
Committee in the Cabinet of Ministers, in August 1999 the Higher
Islamic
Institute alone had 757 students. All in all, there are nine
specialized religious colleges in Uzbekistan, with a total
of
1,199 students, 345 of whom are girls. The diocese of the Russian
Orthodox Church has its own theological seminary, with 13
students.
105. Citizens shall not be subject to any coercion in
determining their attitude to religion, and in deciding whether or not to
profess
any faith, to participate in worship, religious rites and ceremonies and
to receive religious education. Minors may not be recruited
by religious
organizations nor may they be taught religion against their will or the will of
their parents or persons acting in their
stead.
106. The exercise of the
freedom to profess a religion or other beliefs is subject only to such
restrictions as are essential to ensure
national security and public order and
to safeguard the life, health, morals, rights and freedoms of other
citizens.
Access to appropriate information (art. 17)
107. Article 30 of the Constitution obliges
State authorities, voluntary associations and officials to grant citizens access
to documents, decisions and other materials.
The Information (Guarantees and
Freedom of Access) Act regulates matters arising in the process of giving effect
to the constitutional
right of every citizen, freely and without hindrance, to
seek, obtain, study, transmit and disseminate information. The act guarantees
every citizen the right of access to information. The State safeguards this
right. The United Nations Development Programme (UNDP)
Uzbek National
Support Centre houses a public library on human rights, with more
than 300 holdings. Any citizen who wishes may have
access to
literature in the field of human rights protection. UNDP staff have compiled a
catalogue of the literature in the library.
Freedom of association and of peaceful assembly (art. 15)
108. Articles 33 and 34 of the Constitution
provide the right to peaceful assembly, to form trade unions, political parties
and other voluntary associations, and to participate
in mass movements, and the
Voluntary Associations Act, the Political Parties Act, the NonProfit
NonGovernmental Organizations Act, the Trade Unions (Rights and Guarantees) Act
and a number
of other legislative instruments help flesh out these rights. By
their special nature i.e. age and immaturity children are as
a rule precluded
from active participation in political processes. Accordingly, Uzbek
legislation establishes a minimum age for
political activity; for Uzbek
citizens the minimum age of active and passive suffrage is 18 (the legal
age of majority).
Prevention of torture or other cruel, inhuman or
degrading
treatment or punishment of children (arts. 37 and 39)
109. The benign
disposition of the Uzbek State is manifested in the inclusion in
article 555 of the Uzbek Code of Criminal Procedure,
alongside other
preventive measures, of the following: pledge of good conduct, personal
suretyship, suretyship of a voluntary association
or collective, release against
payment of a deposit, release under surveillance. Minors may also be placed
under the supervision
of their parents, guardians, wardens, or, where
applicable, persons in charge of the children’s institutions in which they
are being raised.
110. Under article 558 of the Code of Criminal
Procedure, remand in custody may only be applicable as a preventive measure in
exceptional
circumstances, when a minor has been charged of the commission of a
crime carrying a possible sentence of deprivation of liberty
for a period of
more than three years and when other preventive measures will not ensure the
desired behaviour by the minor in question.
Family environment and alternative care:
Parental guidance
(art. 5)
111. Due attention is
given in Uzbekistan to the responsibility, rights and obligations of parents, to
the role of members of the
extended family and the community and to parental
control and guidance of children in the exercise of their rights, as enshrined
in the Convention, in accordance with their evolving capacities.
112. The
rights of parents and children are governed by articles 6575 of the Family Code
of the Republic of Uzbekistan and by the
corresponding articles of the Civil
Code.
113. Specific provisions of this act (art. 82) protect the rights
of parents and, at the same time, determine their duties and responsibilities
with regard to raising their children, caring for their physical development and
education and preparing them for socially useful
work.
Parental responsibilities (art. 18)
114. The Family Code stipulates the
responsibility of parents to ensure the allround development of their children
and to raise them
in a spirit of patriotism and respect for their country. The
mahallyas (associations of families living in the same area) conduct
special
meetings to discuss matters relating to the way families are raising their
children. At these meetings parents are instructed
in their obligation to
provide for the health of their children, for their good conduct and for their
schooling. Parents who are
not giving sufficient attention to these matters
receive public reprimands. In addition, the raising and maintenance of children
is constantly monitored by the minors’ affairs commissions in the
hokimiyats, which are entitled, in cases where parents have
been insufficiently
attentive or have failed to attend to their duties, to move for the deprivation
of their parental rights, an
act which entails specific legal
consequences.
Separation from parents and family reunification (arts. 9 and 10)
115. The State ensures that children reside with
their parents except in cases where the competent authorities, pursuant to a
judicial
decision, have determined in accordance with the legally prescribed
procedures that it is in the child’s own best interests
to be separated
from his or her parents, namely, in cases where parents are maltreating or
neglecting the child or where in the event
of the separation of the parents, a
decision must be taken, regarding the place of residence of the
child.
116. Such issues as the separation of children from their parents,
the consequences of the deprivation of parental rights, visitation
rights, and
the restoration of parental rights and the procedure for addressing these issues
are governed by articles 8394 of the
Family Code of the Republic of
Uzbekistan.
117. One or both parents may be deprived of their parental
rights if they:
Refuse to perform their duties, including the
obligation to pay alimony;
Refuse, without valid cause, to collect their child from maternity homes
(wards) or any other medical establishment, childcare establishment,
social
welfare institution or similar institution;
Misuse their parental rights and mistreat their children, including with the
use of physical or mental violence;
Suffer from chronic alcoholism or drug addiction;
Have committed deliberate crimes against the life or health of their children
or against the life or health of their spouse.
118. Deprivation of
parental rights is ordered by the courts. Suits for the deprivation of parental
rights may be brought by one
of the parents (or persons acting in their stead)
or the procurator and also by the authorities or institutions responsible for
protecting
the rights of minor children (care and guardianship authorities,
minors’ affairs commissions, orphanages and children’s
homes, and
others).
119. Proceedings for the deprivation of parental rights are
conducted in the presence of the procurator and the care and guardianship
authorities. In conducting proceedings for the deprivation of parental rights
the court shall decide on the award of alimony for
the maintenance of the child
against the parents (or the one parent) deprived of their parental
rights.
120. If in the conduct of proceedings for the deprivation of
parental rights the court should detect in the actions of the parents
(or of one
parent) evidence of criminal deeds, it shall be obliged to notify the procurator
thereof.
121. The court is obliged, within three days of the entry into
force of a court decision on the deprivation of parental rights, to
transmit a
transcript of this court decision to the civil registry office where the birth
of the child was registered.
122. Parents deprived of their parental
rights shall forfeit all rights contingent upon their kinship with the child in
respect of
which they have been deprived of parental rights, including the right
to receive maintenance from the child and also the right to
any privileges and
benefits granted under law to citizens with children.
123. Deprivation of
parental rights does not exempt the parents from the obligation to maintain
their child.
124. The issue of the continued cohabitation of a child and
the parents (or the one parent) deprived of their parental rights shall
be
resolved by the court in accordance with the procedure established by the
housing legislation.
125. A child in respect of whom parents (or one
parent) have been deprived of their parental rights shall retain title to
housing
or the rights to occupy housing and shall also retain property rights
contingent upon kinship with the parents and with other relatives,
including the
right to receive inheritances, except where such child is
adopted.
126. Where it is not possible to transfer the child to the other
parent or where both parents have been deprived of their parental
rights, the
child shall be placed in care.
127. Where the parents (or one parent)
have been deprived of their parental rights, adoption of the child shall not be
permitted before
the expiry of six months from the date of the court decision on
the deprivation of the parental rights.
128. The alimony rights and
obligations of parents and children and also of other relatives are
comprehensively covered by articles
95109 and 110119 of the Family
Code.
129. District and municipal courts in Uzbekistan consider and
settle civil cases to determine the place of residence of children,
the award of
alimony, the deprivation of parental rights and other matters relating to the
interests and rights of children.
130. The mahallyas make comprehensive
efforts to promote the strengthening of families, working not only to ensure
their integrity,
but also the allround development of children. With the
breakup of families, there is a growing number of abandoned children and
the
mahallya places these children under the responsibility of the care and
guardianship authorities who in turn place them in appropriate
children’s
facilities.
Children deprived of a family environment (art. 20)
131. Vigorous efforts are being made in
Uzbekistan to provide social support for children deprived of a family
environment. Extensive
work is being conducted in this area by the
international nongovernmental foundation Soglom Avlod Uchun. With support from
this
foundation and on its initiative, a system of SOS children’s villages
is being set up in Uzbekistan, with a view to building
and equipping
children’s villages for orphans, which will be fully funded by the
international association SOS Kinderdorf International.
On the
foundation’s initiative, the Cabinet of Ministers adopted its decision No.
585 of 31 December 1997, establishing the
international charitable association
SOS Children’s Villages of Uzbekistan. The first such village has
already been built
in Tashkent and was officially opened in
July 1999.
132. Support for disabled children is also a constant
concern of nongovernmental organizations. Since 1996, Soglom Avlod Uchun,
working
together with the Engrag Foundation of the Republic of Korea, has
conducted yearly children’s art competitions on the theme:
“Enchanting world of colour”.
133. In August 1999 the highest
award of the World Health Organization (WHO) was conferred on Uzbekistan for its
outstanding achievements
in ensuring the comprehensive protection of motherhood
and childhood.
134. In addition to a number of specific practical
measures identified by major international organizations in Uzbekistan, a highly
effective system has been set up for ensuring legislative safeguards of the
rights of children deprived of a family environment.
Children in such
situations are placed under care and guardianship (arts. 165215 of the Family
Code) and extensive material and
moral support is also provided to the child by
the mahallya. The care and guardianship authorities are also responsible for
protecting
the rights and interests of children in the event of the death of
parents, the deprivation or restriction of parents’ parental
rights, the
declaration of parents as incapable, the illness or extended absence of parents,
the refusal of parents to raise their
children or to protect their rights and
interests, including the refusal of parents to collect their children from
childcare, medical,
social welfare and other similar institutions and in other
instances where parental care is lacking.
135. Uzbek legislation has a
special provision codifying the procedure for the identification and
registration of children deprived
of parental care (art. 149). The care and
guardianship authorities identify children deprived of parental care, keep a
register
of such children and, in the light of the specific circumstances under
which parental care has been lost, select the appropriate
type of care for the
children thus affected and also ensure followup monitoring of the conditions in
which those children are kept,
raised and educated.
136. Apart from the
care and guardianship authorities, no other legal entities or individuals are
permitted to conduct activities
to identify and resettle children deprived of
parental care.
137. The officials of institutions, such as preschool,
centres and general educational, medical and other establishments, and other
citizens in possession of information about children deprived of parental care
are obliged to convey such information to the care
and guardianship authorities
in the areas where the children are located. The care and guardianship
authorities must, within three
days of the receipt of such information,
investigate the living conditions of the child and, should they establish that
the child
has been deprived of the care of parents or relatives, shall ensure
the protection of the child’s rights and interests until
such time as a
decision has been reached on where the child will live.
Adoption (art. 21)
138. Uzbekistan recognizes the existence of the
system of adoption and takes steps to ensure that the child’s interests
are
taken into account as a matter of priority and that adoption is only
permitted by the responsible authority in accordance with the
legally prescribed
procedures and on the basis of all relevant and verified information. These
provisions are contained in articles
151172 of the Family Code. Adoption
is only permitted in respect of minor children and only when it is in their
interest.
139. Adoption takes place on the decision of the district or
municipal hokim, following an application by the persons wishing to adopt
the
child and the recommendation of the care and guardianship authorities. The law
defines which persons are capable of being adoptive
parents (art. 152).
Adoptive parents may be citizens of either sex of majority age with the
exception of the following: persons
deprived of their parental rights or whose
parental rights have been restricted; persons who have been declared under the
law to
be incapable or of limited legal capacity; persons registered with
psychiatric institutions or drug treatment centres; persons who
have previously
adopted children and where such adoption was nullified on grounds established by
law; persons convicted of the wilful
commission of crimes.
140. The
difference in age between the adopting party and the adoptee should not be less
than 15 years except where adoption is by
stepfather and
stepmother.
141. The secret of adoption is protected by law. Under Uzbek
legislation, it is forbidden to disclose the contents of the records
of registry
offices or of other documents or to issue extracts there from or any other
information revealing that the adoptive parents
are not the birth parents of the
adopted child, without the consent of the adoptive parents and, in the event of
their death, of
the care and guardianship authorities.
142. Persons
disclosing the secret of adoption against the will of the adoptive parent or the
care and guardianship authorities shall
incur the liability established by law.
In awarding adoption, preference shall be given to: relatives of the adoptive
child, irrespective
of their place of residence; a person in whose family the
adopted child has been living; persons adopting brothers and sisters, without
disrupting the family ties between them; stepparents; citizens of the Republic
of Uzbekistan; persons who have lost their own children
through illness or
accident.
143. For the adoption of a child aged 10 and over, the
child’s own consent is required. The consent of a child to adoption
is
established by the care and guardianship authorities. If the child is being
raised in the adoptive parents’ family and
considers them to be his or her
own parents, adoption may proceed without the adopted child’s
consent.
144. A special adoption procedure obtains in respect of children
being raised and maintained in State children’s homes: where
the
parents’ consent is not required, adoption takes place with the consent of
the administration of such institutions.
145. Adopted children have the
same personal and property rights as the natural children of the adoptive
parent.
146. Adopted children and their parents (or relatives of the
parents) forfeit their individual and property rights and obligations
visàvis one another. Minor children who, at the time of their adoption,
are entitled to a pension or benefit accruing to
them from the loss of a
breadwinner, retain this entitlement after adoption. The surname, first name
and patronymic of a child aged
10 and over may only be changed with the
child’s own consent.
147. In accordance with current legislation in
Uzbekistan, an adopted child enjoys all civil rights on the same footing as the
biological
children of the adoptive parents, including the right of inheritance
(art. 1134 of the Civil Code of the Republic of Uzbekistan).
In addition to
adoption, Uzbekistan also has the institution of foster care (arts. 194200 of
the Family Code). Under this system,
minor children deprived of parental care,
including those in childcare, medical and social welfare establishments, are
placed in
the care of a foster family.
148. The preliminary selection of
children for placement in foster families is made by the persons wishing to
receive such children
into their family, in consultation with the care and
guardianship authorities. The wishes of the children themselves are taken into
account when they are being placed in foster families. Children aged 10 and
over may only be placed in foster families with their
own consent. The
procedure and conditions for placing children in foster families are laid down
by law.
149. Childless families may only foster children from
children’s homes and “Mehribonlik” homes on the recommendation
of the mahallya. Thereafter mahallya officials carefully monitor the conditions
in which the child is being raised and maintained,
the child’s state of
health and the foster parents’ relationship with the child.
Illicit transfer and nonreturn (art. 11)
150. The Criminal Code of the Republic of
Uzbekistan establishes criminal liability for the abduction of people, including
children.
The abduction of a person in the absence of the circumstances
stipulated in article 245 of the Code is punishable by deprivation
of
liberty for periods of between three and five years. The same act
committed:
(a) Against a minor;
(b) For the purposes of gain or
for other nefarious motives;
(c) By prior conspiracy of a group of
persons;
(d) Repeatedly or by a dangerous repeat offender
is
punishable by deprivation of liberty for a period of between 5 and 10 years,
with or without the confiscation of property. The
same
act:
(a) Committed by a particularly dangerous repeat
offender;
(b) Involving serious consequences
is punishable by
deprivation of liberty for a period of between 10 and 15 years, with or without
the confiscation of property.
152. The Criminal Code also establishes
liability for the abduction of persons as hostages. The abduction or
detention of a person
as a hostage for the purpose of coercing a State,
international organization, legal entity or individual to perform or to refrain
from the performance of any action, as a condition for the freeing of the
hostage, in the absence of the circumstances stipulated
in articles 155 and 165
of the code, is punishable by deprivation of liberty for a period of
between 5 and 10 years with the confiscation
of property. The same act:
(a) Committed against a minor;
(b) Committed against two or
more persons;
(c) Involving serious consequences
are punishable
by deprivation of liberty for periods of between 10 and 15 years, with the
confiscation of property.
Periodic review of placement (art. 25)
153. Guidelines on this issue are currently
being developed by the Ministry of Health.
154. Relatives, neighbours or
close friends may take orphaned children into their care. In such cases, a
prominent member of the
mahallya shall be responsible for monitoring the
situation of the child in the family and shall periodically report thereon to
meetings
of the mahallya.
Information on certain groups of children
155. Over the years
since independence, the Republic of Uzbekistan has carried out a number of
measures to strengthen the social protection
of disabled children. On 1 April
1988 the Cabinet of Ministers adopted a decision on the creation of a State
mother and child screening
system for the early detection of congenital and
other pathologies in newborn children and pregnant women, with a view to
preventing
the birth of disabled children. The organization of the screening
centres is based on the number of existing care and prevention
establishments.
The centres are funded from the budgetary appropriations for health care and
from donations.
156. It should be noted that 59.4 per cent of
all the country’s disabled live in rural areas. The highest
disability rates
are recorded in environmentally disturbed areas:
80.3 per cent in SurhonDarya province 80.3 per cent;
Bukhara province 65.4 per
cent; Khorezm province
79.5 per cent; Jizzakh province 69.2 per cent; and
QashqaDarya province 73.1 per cent.
157. On 18 November 1991
the Disabled (Social Welfare) Act was adopted and
on 3 September 1993, the State Pension Act. That same
year the
Social Insurance Fund was set up, to provide funding for pensions and
benefits.
158. Preparatory work has been carried out to set up centres in
Fergana province and the city of Tashkent for the medical and social
rehabilitation of the disabled with musculoskeletal and motor function
impairments. In the cities of Margilan and Kuva work has
started on the
installation of special warning signals at traffic lights. In Bukhara province
a system is in place whereby facilities
are assessed with a view to creating
supplementary work places for the disabled. The Uzavtotrans public transport
corporation has
started installing special facilities for the disabled in its
waiting rooms and on the platforms of its bus stations.
159. Issues
relating to the social welfare of the disabled are given priority attention not
only by the social welfare system but
also by other government departments,
which work together to ensure the improved social protection of this
particularly vulnerable
sector of the population.
160. Taking as its
nucleus the clinic of the Uzbek Research Institute for the Vocational
Rehabilitation of the Disabled, a national
centre has been set up for the
rehabilitation of the disabled. Similarly, a new rehabilitation centre for
those with disabilities
resulting from disorders of the musculoskeletal and
motor function system is being set up at the clinic of the Ortopediya joint
stock
company. Ortopediya also runs a database on disabled persons in need of
prosthetic appliances.
161. A matter for particular concern is the low
average salary paid in the education and health sectors, which is partly
responsible
for the decline in the quality of teaching in educational
establishments and treatment in State medical establishments. The disabled,
including disabled children and those disabled from childhood, are entitled to
medical and social assistance, to all forms of rehabilitation,
the necessary
medication, prosthetic and orthopaedic appliances, transport facilities on
preferential terms, and also vocational
training and retraining.
162. The
disabled are entitled to free medical care in Staterun health and socialwelfare
facilities, and to home nursing, while disabled
persons living alone who need
extra assistance and those with chronic psychiatric disorders are placed in
residential socialwelfare
establishments. The procedure for providing medical
and social assistance to the disabled and the list of benefits to which they
are
entitled are laid down by law.
163. In the second half of 1994 a process
was launched to revamp the system of medical care for lowincome families and
families with
children. A new uniform system was introduced for the provision
of benefits to children up to the age of 16. The size of these
benefits is
scaled to the number of minor children in the family.
164. Pursuant to
Cabinet of Ministers decision No. 319 of 24 June 1994, disabled children from
birth to the age of 16 and category
I and II disabled persons who have
been disabled since childhood are granted benefits equivalent to
100 per cent of the minimum pension
for their age. As on 1 July 1997
the benefit amounted to 1,400 som. On 1 January 1999 the benefits paid to
category I and II persons
disabled from childhood and to disabled children up to
the age of 16 was increased to 2,520 som, and on 1 August 1999 further
increased
by an average of 40 per cent.
165. If a child
disabled from childhood has lost one or both parents, the child is also
granted, regardless of any other benefits
provided, the pension granted for
loss of a breadwinner, which is paid until the age of 16. Beyond that age,
persons disabled from
childhood receive either the benefit or the
lossofbreadwinner pension, as they choose. Total budgetary
appropriations for the social
welfare of disabled children in 1995
amounted to 1,402 million som and in 1996 4,375.8 million som with
further allocations from
the Social Insurance Fund of 1,509.2
million som and from local budgets of 2,720,751,900 som.
166. A
measure of particular importance in strengthening the social protection of the
disabled, in particular disabled children, was
the adoption in 1995 of the
State programme for rehabilitation of the disabled for the period 19962000.
More than 40 ministries,
government departments, foundations and other voluntary
organizations are involved in implementing this programme. The programme
covers
the prevention of disability, the medical and social rehabilitation of the
disabled, training of the disabled in various special
fields and physical
training, as well as the training of professionals to work with the disabled,
the manufacture of prosthetic appliances
and other aspects of rehabilitation of
the disabled.
167. To implement the programme on a nationwide basis,
13 disabled rehabilitation centres were set up in different parts of the
country.
An official decision was adopted by the hokims of Khorezm and Fergana
provinces to establish rehabilitation centres. A similar
decision was also
adopted by the Council of Ministers of the Republic of Karakalpakstan.
Preparatory work is under way in Nawoiy
province and in Tashkent; thus, a
rehabilitation centre for children suffering from cerebral palsy has been
established in the town
of Nawoiy. Preparations have been made for the opening
of medical and social rehabilitation centres for children with impairments
of
the musculoskeletal systems and motor function disorders in Fergana province and
in Tashkent. In the towns of Marghilon and Kuva
work has started on fitting
special warning signals to traffic lights. In Bukhara province a programme is
being run to assess facilities
with a view to creating additional workplaces for
the disabled.
168. The Ministry of Education is working on the issue of
providing Braille textbooks and signlanguage materials for children with
sight
and hearing defects. A typhlographic system has also been developed for
children in primary classes and a special teaching
programme for blind children
in senior classes.
169. There are five institutional homes in Uzbekistan
for children with mental and physical disabilities and special children’s
sections have also been established in homes for disabled women. There is a
total of 1,800 places in these establishments. They
are situated in Tashkent
and in different parts of the country and constructed according to a standard
design with an effective area
of 8 sq. m per resident. The primary purpose
of the homes is to maintain disabled children at the cost of the State. The
disabled
children who live in these establishments receive meals four times a
day and are provided with clothing and the best possible living
conditions.
They are also given constant medical supervision and receive regular treatment.
They receive both general school education
and vocational training in special
programmes. Sports activities are conducted for the disabled children, for the
purpose of medical
therapy and to meet their special rehabilitation needs.
Thus, residents of the Tashkent 1 home often take part in the international
spartakiad and some have even won prizes. A system of remedial gymnastics has
been developed to a very high level at this home,
conducted in a specially
equipped hall under the supervision of qualified specialists.
170. The
social welfare system in Uzbekistan includes three vocational technical
colleges, providing training for a total of 1,165
totally or partially
incapacitated young men and women. These are the national, Tashkent municipal
and Fergana regional vocational
technical colleges. With due regard for the
physical disabilities of the students, training is arranged in these
establishments
in such fields as bookkeeping, radio and television maintenance,
shoe repair, and the repair of refrigerators, air conditioners and
measuring
equipment.
171. Steps are being taken by the social welfare authorities
to provide disabled children with prosthetic devices, hearing appliances,
wheelchairs and other appliances and equipment. Prosthetic appliances are being
manufactured in 17 orthopaedic and prosthetic companies,
situated in Tashkent
and in other provincial centres of Uzbekistan.
172. In order to meet the
mobility needs of the disabled, the Uzbek Ministry of Social Welfare has struck
deals with such foreign
firms as Maier (Germany), Rehab (Hungary), and the joint
venture Altromark for the production and supply of wheelchairs. In 1995
and
1996 more than 4,000 disabled persons were given wheelchairs and, in some
cases, wheelchair cycles.
173. Uzbekistan has now started to manufacture
its own crutches and walking sticks and these have been provided to some
10,000 disabled
persons. The UzbekArab joint venture Hilol is providing
hearing appliances to those with impaired hearing.
174. Total budgetary
appropriations for the social welfare of disabled children in 1995 amounted to
1,402 million som and in 1996
to 4,375.8 million som, including benefits paid
from the Social Insurance Fund to disabled from birth children to an amount of
1,509.2
million som from local budgets to a total of 2,720,751,900 som. A
total of 1,648,114,000 som was allocated for the maintenance of
children’s
homes in 1999 and 62,480,800 som for the vocational technical
colleges.
175. The issue of the social protection of the disabled,
including children with impaired health, is a priority concern not only of
the
social welfare system but also of other government departments, all of which are
pooling their efforts to strengthen the social
protection afforded to this most
vulnerable sector of the population.
Basic health and welfare: Disabled children (art. 23)
176. The blueprint for the new Principles of
Education Act endeavours to codify in law the measures necessary to ensure
proper conditions for the raising, education, and social and psychological
rehabilitation of mentally or physically disabled children. The act will make
provision, first, for the creation of a network of
special educational
establishments (and, in some cases, classes and groups) where work will be
carried out to correct the condition
of children, making use of the latest
scientific achievements; second, for the elaboration of a comprehensive
programme for the raising,
education and treatment of children with special
needs, with a view to their social rehabilitation and integration as active
members
of society. Funding for these measures will be provided by State and
public organizations at especially increased rates. The main
coordinating
function in this exercise is being played by the Soglom Avlod Uchun
foundation.
177. There are 13 homes for disabled children in Uzbekistan,
all fully funded by the State. A national centre has been set up, run
by
highly qualified doctors deeply committed to their work. The Tayanch agency has
been in operation for many years, providing treatment
for abandoned disabled
children in the best foreign clinics.
178. Among the customs followed by
the peoples of Uzbekistan are procepts which categorically prohibit the
chastisement of children
under the age of five, whether by scolding looks, by
raising the voice or by the use of corporal punishment. At the same time, Uzbek
tradition also requires that from the earliest age, children be addressed with
the respectful form of the pronoun “you”,
thereby reaffirming their
dignity and their entitlement to the same measure of respect as adults; that
they should be introduced
to the beauty of nature and to music; and, most
important, that they should have the opportunity to develop their imagination in
play as the popular saying has it, “games are the law of
childhood”.
179. In the traditional view of life disabled children have always been
accorded particular attention. Since ancient times, they
have been considered
God’s anointed. Among the Uzbek people, to neglect a disabled child is
the gravest of sins.
180. The mahallya is the public national
institution for mutual assistance and social support the main system for
monitoring adherence
to traditions which ensure a decent way of life for
children and, primarily, for disabled children. The unique feature of this
institution
is that it has no formal status: it is integrated to the maximum
degree in the ordinary life of the people and able to react swiftly
and
effectively to any manifestation of discrimination against children. In
addition, the mahallya is responsible for forming public
opinion which, as a
mechanism for social reaction, is no less effective and sometimes much more
powerful and rigorous than the
various State agencies in preventing unlawful
actions. People who violate tradition are excluded from their social unit;
accordingly,
in these conditions the strength of tradition is as great as that
of the arm of the law.
Health and health services (art. 24)
181. Immediately after attaining independence,
the Republic of Uzbekistan proclaimed the health of the younger generation as
its first
development priority. This in turn has determined the priorities set
in overhauling the healthcare system, restructuring the entire
system of
motherandchild health care, promoting new approaches to family planning and
implementing vigorous social policies to support
and develop the country’s
paediatric services.
182. All medical services for the younger generation
are free of charge and paid for by the State.
183. The Constitution
of the Republic of Uzbekistan rules out any discrimination against children on
the basis of national, religious or any other characteristics.
All children
have equal rights to medical treatment, to attend holiday camps,
etc.
184. Work has started in recent years on the creation of specialized
centres, departments and laboratories equipped to provide specialized
medical
assistance in the fields of haematology, regional pathology, child surgery,
gastroenterology and cardiology. Children receive
primary medical care in
children’s polyclinics. Specialized inpatient care is provided in
national and provincial children’s
hospitals, with a total capacity of
22,446 beds. Particular attention is given to infectiousdisease hospitals
in Uzbekistan, since
the control of infectious pathology is one of the main
focuses of the country’s health authorities.
185. Close attention
is given not only to the physical health of the younger generation, but also to
its healthy mental development.
A number of children’s newspapers and
journals are published in Uzbekistan. One of the country’s most popular
newspapers,
Solnyshko “Little Sun” has run an art
competition in which children expressed their views on human rights issues. One
of the
most interesting results of this competition was the proposal, by
children from the KattaQurghon school, that the “right to
love”
should be proclaimed. This is
an essential element of respect for the freedom of choice: the freedom to
love, in the face of a tradition which dictates that parents
choose their
children’s spouses. The competition prize winners were awarded
certificates at a ceremony in March 1999, organized
with UNDP cooperation
and held in the National Human Rights Centre.
186. Work conducted over
the last eight years has succeeded in lowering infant mortality by more
than 30 per cent. This positive
result is due to the radical
transformation of Uzbek society, a greater openness towards international
cooperation and vigorous efforts
by nongovernmental and international
organizations.
187. A national blueprint has been drafted for tackling
vital problems related to motherand child care. The blueprint takes due account
of, first, the demographic situation; second, the particular social and economic
aspects of the transition period; third, the state
of children’s health,
particularly those living in environmentally disturbed areas; and fourth, the
rehabilitation of disabled
children and children with various forms of
retardation in their physical or mental development.
188. A special
programme has been implemented for the prevention of infant mortality in the
perinatal period and for the prevention
of congenital anomalies. To that end,
perinatal and neonatal centres have been set up, together with intensive care
units for children
in the first month of life. In Uzbekistan there are
currently some 2,059,000 hospital places for the treatment of infirm
newborn
infants and the care of premature babies.
189. Paediatric
training is provided at one of Central Asia’s largest specialized
institutes the Tashkent Paediatric Medical
Institute and also at the
paediatric faculties of Andijon and Samarkhand State medical institutes, the
Nukus branch of the Tashkent
Paediatric Medical Institute and the Urgench branch
of the First Tashkent State Medical Institute. Courses for the further training
and upgrading of paediatricians are run every five years at the Tashkent
Medical Further Training Institute and the medical further
training faculties of
Andijon and Samarkhand State medical institutes.
190. Primary medical
care remains at a relatively low level, particularly outside the large urban
centres, in terms of both the quantity
of uptodate medical technology available
(in particular, diagnostic equipment) and the quality of medical services
provided. As
a result the medical care in rural areas tends to be more
treatmentoriented while in the larger cities preventive medicine is gaining
ascendance.
191. All needy children have access to medical services in
Uzbekistan, without regard to their social origin, sex and nationality.
No
cases of polio infection were recorded in the country in 1998. According
to estimates by World Health Organization (WHO) specialists,
by 2000
Uzbekistan may be included among the States which have resolved their polio
problem.
192. Uzbekistan is implementing a universal child immunization
programme and even though a large proportion of the vaccines have to
be acquired
abroad immunization of this most vulnerable sector of the population is provided
free of charge. Immunization shots
are available
at fixed charges for people who require them for preventive reasons.
Following its experience in 1998, when a shortage of vaccines
meant that
the immunization campaign during outbreaks of infectious diseases (primarily
viral hepatitis) could not provide full coverage,
the Government has now set in
place special emergency measures.
193. After independence, the health
authorities faced a number of extremely difficult tasks in the field of
motherandchild care:
first, they had to tackle the problem of inadequate
nutrition, particularly of orphans and abandoned children; second, a functioning
family planning system had to be set in place (involving the introduction of a
new area of medical training the preparation of family
doctors, the upgrading
of the diagnostic equipment and other equipment for the treatment of mothers and
children, the conduct of
contraception programmes, etc.); third, urgent measures
had to be taken to improve the health of mothers and children in environmentally
neglected areas, primarily, the Aral crisis zone; and, fourth, the
country’s paediatric services had to be provided with essential
pharmacological supplies.
194. The problems of the current transitional
period and the environmental degradation of a number of areas of the country
mean that
5 per cent of Uzbek children are born
underweight.
195. The most widespread children’s diseases are
related to the pathological features of given areas and have environmental
causes.
196. The Constitution of the Republic of Uzbekistan enshrines the
right of citizens to a healthy environment and to health care, and states the
need for
the system of legislative regulation of social relations in the
interface between society and nature to be fleshed out with new environmental
content.
197. Given the state of the natural environment in Uzbekistan, a
clear and effective regulatory regime is required, which must also
be strictly
differentiated in accordance with the nature and origins of each area of
environmental stress. In conducting the urgent
environmental work needed in our
region, two main categories must be distinguished:
(a) Aral Sea and the
Aral area environmental disaster area: This area is characterized by the
profound degradation of the natural
environment (chemical pollution of the
water, soil and atmosphere), sharp deterioration of the ecological niche
(complex pathologies,
growth in child and maternal mortality rates, increasing
anthropological degradation of the population, sharp decline in their immune
status and high infant mortality rates);
(b) Areas where major
industrial parks are situated the Nawoiy, AngrenOlmaliq, Chirchiq,
FerganaMarghilon and, Saryas districts,
which are areas of high environmental
stress (potential environmental disaster areas). These areas are characterized
by a high concentration
of industrial and mining production (cumulative
pollution of the atmosphere, soil and water, massive outflows of wastes and
spoil,
growing degradation of the natural environment), a gradual deterioration
of the ecological niche (increased morbidity, growth of
occupational pathology
and decline in the immune status.
198. OFP and the ECOSAN foundation are planning to build an international
children’s health and education centre in the Republic
of Karakalpakstan,
to be called “Children of the Aral”, at which some 5,000 6,000
children will be able to receive essential
treatments for periods of one year
without disrupting their schooling.
199. On Uzbekistan’s attainment
of independence, the responsibility borne by the Ministry of Health for the
health of the country’s
population was increased manifold. One of the
main focuses of its work became the fight against the socalled “plague of
the
twentieth century” HIV infection and its prevention and treatment,
among both adults and children. The Cabinet of Ministers
has adopted a
resolution on establishing a national coordinating council to prevent and combat
HIV/AIDS and other sexually transmitted
diseases in Uzbekistan. The council has
a permanent staff. National tests for HIV infection have been developed and
used successfully.
200. At the same time, the growth in sexually
transmitted diseases is causing alarm. In 1987 and 1998, 51 cases of HIV
infection
were reported in Uzbekistan; 27 of those infected were foreigners and
24 permanent residents of Uzbekistan. Eight have since died
of AIDS and two
have left to reside permanently in the Russian Federation. Currently, 14 HIV
positive patients are under medical
observation.
201. AIDS centres exist
in every region, but they have no beds. Those who are found to be ill are moved
to Tashkent, which has an
HIV centre with beds, nursing staff, equipment and its
own instruments and implements. It has also planned to set up a surgical
unit
for HIVpositive patients. No cases have been identified of HIVinfected
children.
202. Syphilis rates increased from 10.8 per 100,000 in 1994 to
38.5 per 100,000 in 1996. Gonorrhoea rates in Uzbekistan also increased
from
21.7 per 100,000 in 1994 to 25.0 per 100,000 in 1995. The increase in the
number of cases points to a possible growth in HIV,
in response to which
the Prevention of HIV Infection Act has been adopted.
203. AIDS orphans
undergo a careful and repeated testing procedure and are then placed in the care
of the social welfare authorities.
204. The Ministry of Health strictly
monitors all traditional practices prejudicial to the health of children. The
traditional custom
of circumcision is carried out in clinics by experienced
surgeons and, to judge by the statistics, no complications arise; on the
contrary, the operation helps prevent phimoses.
205. All women of
childbearing age undergo obligatory screening.
206. Following family
planning measures conducted by the Ministry of Health, the birth rate, which in
1991 measured 34.5 per thousand,
dropped to 26.0 in 1997; maternal mortality
rates fell from 65.3 per 100,000 live births in 1991 to 28.5 in 1997; infant
mortality
from 35.5 per 1,000 live births in 1991 to 17.2 in 1996. Ministry of
Health statistics indicate that infant mortality in 1998 measured
21.7 per
1,000 live births and maternal mortality 28.6 per 100,000 live births.
207. There is an increase in the number of births by women aged between 20
and 30, this being the optimal childbearing agegroup.
There is also a notable
absence of early marriages, which are proscribed under the traditional mahallya
system of community support
for the rights of the individual. There is still
room for improvement, however, in the medical equipment and services in
obstetric
establishments.
208. International cooperation in the area of
child health care is primarily directed towards tackling the problem of family
planning
and rendering assistance to children in environmental disaster areas.
A great volume of focused work is being carried out under
the supervision of WHO
and the International Committee of the Red Cross (ICRC) in all sectors of
the healthcare system and to promote
motherandchild health.
Mother and child health
209. One of the main focuses in the area of
motherandchild health is the creation of normal working conditions for women in
the production
sector. Women and girls working under unfavourable conditions
receive a range of benefits and compensation. The existing system
of benefits
and compensation for work in difficult and unhealthy working conditions includes
the following provisions:
Additional leave of 324 days, depending upon the level of difficulty and
hazardousness of the work being conducted;
Shorter working day, of
between four and six hours;
Reduction of the working week from 36 to
24 hours;
Free dietary meals, to be determined in accordance with the level of
hazardousness of the work conducted;
Free milk products, provided
without the deduction of pay.
210. Articles 35 and 36 of the Family Code
of the Republic of Uzbekistan stipulate that mothers, during pregnancy and for
oneandahalf
years after the birth of their child, are entitled to maintenance
from their husbands. This right obtains after the dissolution
of marriage as
well. In addition, a monthly child benefit is paid by the State until the child
is two.
Social security and childcare services and facilities (arts. 26 and 18)
211. One of the main tasks of the State is to
ensure the welfare of the younger generation, including by promoting the mental
and
physical development of young people, providing vocational training and
preparing them for an active life in society. To this end,
the Constitution
enjoins all citizens of Uzbekistan to take responsibility for the raising of
children, in conjunction with the assistance and support
provided by the State.
This is also demonstrated by the Republic of Uzbekistan State Youth Policy
(Principles) Act of 20 November
1991.
212. In addition, a
number of presidential decrees have been enacted and decisions adopted by the
Cabinet of Ministers to set up funds
to provide support and social protection
for young people, to uphold the rights of orphans, children without parental
care and disabled
children and the “Soglom Avlod Uchun” Order has
been instituted, as the highest honour awarded for services to
youth.
213. The policy pursued by the President of the Republic of
Uzbekistan in supporting such foundations as Kamolot, Umid, Soglom Avlod
Uchun
and the Children’s Foundation in itself significantly promotes new
opportunities for the development and social protection
of children and young
people.
214. The State system in Uzbekistan for the social support of
families with children, the country’s legislative framework in
that area
and the measures adopted by the Government to improve the situation with regard
to the protection of children’s rights
all demonstrate that Uzbekistan is
strictly adhering to international principles and commitments to implement the
Convention on the
Rights of the Child.
215. At the same time, special
measures are being taken for the protection of children through various channels
and in a number of
different areas, pursuant to Uzbek legislation and
international legal instruments.
216. In Uzbekistan, the social
protection of children is based on the existing uniform system for the provision
of State social assistance
to families with children and it encompasses the
following benefits:
Monthly childcare benefit paid until the age of
two;
Pregnancy and maternity benefit and a lumpsum benefit paid on the
birth of the child.
Child benefits are financed from the State budget and
from the funds of enterprises, institutions and organizations, irrespective
of
their forms of ownership.
217. The first type of benefit, which is paid
to persons actually providing childcare until the child reaches the age of two,
is set
at a level of 150 per cent of the established minimum wage,
regardless of the number of children. For working mothers this benefit
is paid
from the funds of enterprises, institutions and organizations and, for
nonworking mothers, from the Social Insurance Fund.
The second benefit the
pregnancy and childbirth benefit is paid to women on pregnancy and maternity
leave and is set at 100 per
cent of their wage, while the lumpsum
benefit paid on the birth of the child is equivalent to twice the minimum
monthly wage. The
benefits are paid from the Social Insurance
Fund.
218. Until 1997, a system was in operation in Uzbekistan under
which benefits were paid to all families with children under 16, irrespective
of
the family’s property status. Some 10 million children were covered
by this form of social assistance and the yearly outlay
on these benefits
accounted on average for some 5 per cent of the State budget. The
child benefits were funded
from three sources: the State budget, the local budgets and the Social
Insurance Fund. Benefits were allocated and paid at the workplace
of one of the
child’s parents. The level of the benefit depended on the number of
children in the family and was pegged to
the minimum wage.
219. In
January 1997 a new system was introduced for the payment of child benefit, under
which families in need of State support were
identified by local authorities.
With this arrangement State support can be more effectively targeted; in other
words, it has moved
from a form of blanket assistance to a strictly
meansassessed allocation of support, based on such measurable criteria, as
economic
need, the number of children in the family and specific conditions in
that area of the country.
220. The benefit is awarded and paid by the
local authority, the mahallya. The level of the benefit depends on the number
of children
in the family and is set as a percentage of the minimum wage: thus
families with one child receive 50 per cent of the minimal wage;
families with two children, 100 per cent; families with three
children, 140 per cent; and families with four and more children,
175
per cent.
221. The benefit is primarily funded from the
State budget. Extrabudgetary sources may also be drawn on (such as the funds of
enterprises,
or deductions from charitable foundations and business
organizations). Over the first quarter of 1997, an effective total of
1,072.4
million som was paid out in child benefit to
1,119,413 families, or 29 per cent of the total number of
families with children aged
below 16.
Education, leisure and cultural activities (art. 28)
222. The Constitution and law of Uzbekistan
fully embrace all aspects of education. The Government is taking effective
steps to overhaul the entire education
system.
On 29 August 1997, Parliament adopted a new Education Act and the
National Professional Training Programme Act.
223. On 10 March 1997, the
Cabinet of Ministers had adopted its decision on the elaboration of a national
professional training programme.
A commission and working groups were set up to
draft the document, and the key issues to be addressed in the new act were
identified.
224. On 6 October 1997, a presidential decree was enacted on
the fundamental restructuring of the education and vocational training
system
and on ensuring the best possible system for the raising of children. A
national commission was set up for the implementation
of the national
professional training programme, headed by the Prime Minister, and assigned its
primary tasks.
225. Under Uzbek law, general secondary education
extending over a period of nine years, comprising grades 19 at school ensures
that children receive a thorough education in the principles of science, that
their cognitive faculties are developed, that they
acquire basic scholarship,
scientific learning, and general cultural knowledge, that their spiritual and
moral qualities are nourished
on the basis of national and universal spiritual
values, and that they develop vocational skills, a capacity for creative thought
and an informed attitude to the surrounding world and to their choice of
profession.
226. As of 1 January 1999, there were
7,546 kindergartens operating in Uzbekistan, providing education for
681,200 children. Group
sizes ranged from 15 to 20 children.
Following the reform of the preschool system, the following types of preschool
establishments
are now in existence: kindergartens, recreational groups after
school, and kindergartens with a special focus (healthbuilding, sportsoriented,
artistic, musical and creative and others). There are more
than 800 foreign language groups in the preschool establishments, in
which children learn English, French, Chinese, Arabic and other
languages.
227. There are 619 outofschool educational establishments
in Uzbekistan. These groups, with an average size of 62.2 pupils, provide
outofschool education in specific subjects
to 361,801 children.
228. To enhance the effectiveness of the
teaching provided in children’s preschool establishments, to foster a
sense of competitiveness
in the preschool system and to improve the conditions
for the rearing and allround development of children of preschool age in
accordance
with the national professional training programme, on
24 June 1999 the Cabinet of Ministers adopted a decision on measures
to establish
and develop a network of nonState preschool establishments. With a
view to raising the quality of education, the national professional
training
programme provides for the development of a network of schools and general
educational establishments of a new type scienceoriented
and artsoriented
secondary schools. Thus, on a 1999 initiative of the President,
scienceoriented and artsoriented schools have been
established in each
provincial centre, and kitted out with the latest equipment. Competitive exams
are held to select the best qualified
teachers to be assigned to teach in these
schools.
229. While in 1992 there were only 31 such schools, there
were in 1997 190, and the number of pupils has risen accordingly from
9,800
to 92,400. In all, there are 334 scienceoriented schools and
190 artsoriented schools. One of the tasks set in the 19962000 programme
for the development of the country’s rural infrastructure is to set in
place a sound material and technical basis for rural
schools. Special State
programmes are being run in such areas as ethics and knowledge, economic
education, rural schooling, rehabilitation
of children with special needs and
others.
230. A special State policy is being implemented in Uzbekistan to
support gifted children and young scholars. Special centres and
foundations are
being established under local authorities to identify talent among young boys
and girls and to promote the development
of their abilities. On 10 June
1999 a presidential decree was enacted in support of the proposal to institute
the Zulfiya State
Prize, to foster respect for women and to ensure that they are
held in high regard, as well as to encourage gifted girls in the
development
of literature, art, science and culture.
231. As part of the
national programme, work is under way in Uzbekistan on reorganizing
the system of vocational education, with due
regard for the specific way
that has developed in different parts of the country, the labour market
primarily in rural areas. There
are currently 442 training
establishments operating in the system, including 209 vocational
schools, 180 vocational colleges of science
and technology and
53 business schools with a total student population of 220,000,
43 per cent of whom are girls.
232. At the current time
(1 January 1999) there are 9,627 general education schools in
Uzbekistan, 221 of which are primary schools,
1,846 schools covering the
full nineyear cycle, 6,996 secondary schools, and 85 special
schools and boarding schools for children
with special physical and mental
needs.
233. In compliance with the presidential decree of
7 April 1999 on the creation of the Tashkent Islamic University, on 6
May 1999
the Cabinet of Ministers passed a decision on the organization of the
University’s activities, designed to promote the extensive
study of the
rich and outstanding spiritual and cultural heritage of the Islamic religion, so
that it may be carefully preserved
and handed down to future generations, to
raise the level of public awareness in this field and to promote the training of
highly
qualified specialists to the highest modern standards.
234. Since
independence the number of higher educational establishments in Uzbekistan has
increased, from 54 in 1992 to 60 in 1999.
Over the same
period the number of students at these institutions has declined
from 316,200 to 158,200. In the 1990s, about
39
per cent of the student body was female. The highest proportion of
female students was recorded in 1994, with 40.2 per cent.
There
has been a gradual decline in the numbers of female students over
subsequent years and in 1997 they constituted 38 per cent of the
total student body in higher education. This is primarily attributable to
the average age of students in higher education 1823.
In Uzbekistan this is
the age at which women get married and start having children. Because of the
subordinate position occupied
by girls in their own families and, subsequently,
those of their husbands, decisions about their continuing education are taken by
parents and close relatives and even girls of majority age and young women
consider it quite natural to accept the choice of their
elders. A study
conducted in 1998 as part of the family planning project confirms that
choices bearing on women’s education
are generally made by parents or the
husband and are usually limited to the teaching and medical professions. Many
of the girls
surveyed believe that they would have to abandon their education
once they married.
235. For these reasons, the coverage of girls and
women by the education system, which is high at the level of compulsory
secondary
education, falls off at the subsequent levels. One of the main goals
of the State education policy is to change the established
stereotypes regarding
education and to help women adapt to changes in the economic and social domain.
In particular, introduction
of a compulsory 12year education system will,
besides other goals, serve the purpose of discouraging early marriages and help
motivate
women to continue their education.
236. Compulsory secondary
specialized and vocational education, extending for a period of three years
after completion of general
education, is a separate component in the Uzbek
continuous education system. Pupils are free to choose their own path for
specialized
and vocational secondary education whether at an academic science
or artsoriented school or at a vocational college. They may follow
either State
or nonState curricula. To ensure the best possible conditions for improving the
system and accelerating Uzbekistan’s
integration in the world
communication system, it is planned to move gradually to adoption of the Latin
alphabet by 2005. Young
people at work have the opportunity to study
without disrupting their employment.
237. Under the State’s education policy, education is free and
universal and various forms of material support are provided
to pupils (such as
grants, assistance from the Social Welfare Fund, the partial or full
reimbursement of boarding school fees by
the State, and assistance from various
sponsors). Student grants are set at double the minimum
wage.
238. Education in Uzbekistan is currently provided in general
education schools in seven languages: Uzbek, Russian, Karakalpak, Kazakh,
Turkmen, Tajik and Kyrgyz. Children belonging to a national minority may study
their native language in areas where members of that
nationality are
concentrated.
239. Under the obligatory basic education requirement,
children must attend school regularly (if they are educated outside the
home).
Parents and teachers are obliged to monitor school attendance and to
take measures to improve school performance. Educational establishments,
parents and teachers are responsible to the public for upholding the
constitutional rights of children to education. All textbooks
and teaching aids
are provided free of charge by the State to pupils in primary classes. In
addition, a significant proportion of
firstgraders (roughly
40 per cent) are provided with sets of warm clothing paid for from the
State budget.
Aims of education (art. 29)
240. In accordance with the Education Act and
the national professional training programme, the State education policy has set
itself a number of aims, including the following:
According to
priority of education in the social development of the Republic of
Uzbekistan;
Humanitarian and democratic nature of
education;
Uninterrupted and continuous nature of
education;
Scientific quality and secular nature of the State
education system;
Proeminence of universal human
values;
Universality of education and the upholding of State
standards;
Obligatory nature of general secondary education and
also of specialized secondary education and vocational
training;
Voluntary nature of the choice of specialized secondary
education or vocational training: i.e., between academic science or
artsoriented
schools and vocational colleges;
Promotion of
scholarship and talent; and
Respect for the individuality of
pupils and students.
241. Thanks to the very active educational programme
under way in Uzbekistan, significant progress has been achieved in this area.
Thus, since 1997 some 700 Uzbek students have been studying at
distinguished foreign colleges, as assigned and supported by the
Umid
(“Hope”) Foundation for Gifted Youth, created on the initiative of
the President, Mr. Islam Karimof.
242. In 1999 alone, after a
fivestage selection process, 184 Uzbek students received State grants to
study in France, Germany, Italy,
Japan, the United Kingdom and the United
States of America. All in all, more than 3,000 Uzbek students are
following various courses
abroad. The Ustoz Foundation has been set up, by
presidential decree, to raise the teaching level and to boost the skills of the
teaching staff at the country’s institutions of higher education. The
Foundation’s principle objective is to provide
assistance for the further
training of lecturers abroad.
243. Uzbek law guarantees the equal rights
of all, without distinction as to sex, language, age, racial, national and
ethnic origin,
creed and attitude to religion. The law prescribes an education
system under which teaching is tailored to the needs of the individual,
ensuring
the harmonious development of the child and taking due account of his or her
specific qualities, abilities and interests.
The State upholds the equal rights
of all children to receive an education in all spheres. Representatives of all
faiths have the
right to education, including religious
education.
244. The State education policy is predicated on the principle
that teaching must be conducted in a spirit of respect for human rights
and the
freedom of the individual. The fostering of respect for other peoples and
nations is also reflected in the laws of Uzbekistan.
Almost all the
country’s statutes contain special provisions requiring strict observance
of the equality of all citizens.
245. Uzbek law enshrines the principle
that protection of the environment is a part of environmental education and that
children should
develop a sense of responsibility towards the environment. The
aim is to develop by every possible means a spirit of respect in
children for
nature and the environment. Under the longterm programme of measures to restore
the health of children from environmentally
disturbed areas of Uzbekistan, some
13,000 children regularly spend their summer holidays in children’s
health centres in the
country’s holiday resorts.
Leisure, recreation and cultural activities (art. 31)
246. The fostering of spiritual values, the
promotion of education, culture and art and the aesthetic and moral development
of the
population form an integral part of the building of a new independent
State. Since its attainment of independence, Uzbekistan has
set itself the task
of providing extensive and real opportunities to its people for the application
of their creative energies, abilities
and gifts and for the allround development
of the individual. The State has determined strategic areas and specific tasks
for its
cultural promotion work: a number of government instruments have been
adopted, designed to foster spiritual values, to promote art,
culture and
enlightenment, and to reform the country’s cultural sphere, enhancing its
social and educational role.
247. In the framework of these reform
efforts, alongside the State cultural and artistic establishments, increased
prominence has
been given to various public bodies foundations, centres,
associations and organizations which are responsible for catering as
widely as
possible for the creative interests of the people of Uzbekistan, and promoting
their selfsufficiency, free creativity and
exploration of new forms and
initiatives in all spheres of art and culture. Thus, pursuant to the
presidential decree on the development
of theatre arts, the Uzbekteatr
performing arts association has been set up, embracing 36 of the
country’s theatres, and the
Artmadat foundation has been established to
support the theatre in Uzbekistan. The Umid youth foundation plans to send
opera singers
to Italy for practical training.
248. Art and culture are
playing an increasingly important role in Uzbek life. There
are 2,500 clubs, centres and palaces of culture
in Uzbekistan. Some
215,000 people are engaged in artistic and cultural activities in a variety
of groups and ensembles, studios
and people’s theatres. There are
6,200 public libraries in Uzbekistan and 68 museums and theatre
attendance figures for 1998
were 3,058,300. In addition, Uzbekistan has an
extensive network of afterschool establishments, among which children’s
music,
art and theatre centres are particularly popular. There are
310 such centres, providing artistic and cultural education
to 79,300
children and young people. Close attention is given to the
development of children’s creative talents. A children’s
art
competition was held in Tashkent on the theme: “The Silk Road and its
bonds of friendship: images by the children of
Uzbekistan and Japan”, and
the third international art competition on the theme: “Enchanting world
of colour”
was held in Tashkent province, with the participation of
50 children from Central Asian countries. A secondary boarding school
specializing
in fine and applied art for talented children has been opened in
the town of Nurat, in Nawoiy province. Some 5,000 boys and girls
are
attending courses in the teaching establishments of the Academy of
Arts.
249. A variety of national and international festivals,
competitions and exhibitions on a broad range of themes, demonstrating the
splendid achievements of the talented young people of Uzbekistan, help
popularize the pictorial and applied arts, instrumental and
vocal music and the
performing arts. New literary, artistic and generalinterest journals and
magazines have been founded, and appear
in Uzbek, Russian and English, including
Guliston, Moziydan Sado and Teatr. Uzbekistan’s
rich cultural heritage is becoming ever more visible as the colourful talents of
its contemporary performing
arts are displayed to acclaim at international
musical festivals. Alongside the traditional
“Sharq Taronalari” festivities,
a number of other festivals
were held in Uzbekistan in 1998, including the “IlhomXX”
third international contemporary
music festival, held in various theatres
in Tashkent with the participation of 100 performers and soloists
from 10 different countries.
Other recent musical events include a
festival of symphonic music, held in Tashkent, the thirtieth national accordion
festival,
organized by the Russian Cultural Centre of Uzbekistan, a national
festival of orchestras of Uzbek folk instruments and a competition
of military
musical compositions. In May 1998, the final stage of the Uzbek song
festival was held, with the participation of 1,000
young singers; in
June 1998, the “Flower Children of 98” rock music festival was
held and, in the town of Namangan, the
final round of the “Uzbekistan
Kushik Bairami” performing arts competition for students at secondary and
higher education
establishments. The choir of the UlughBek Tashkent State
University took second place at a university choirs’ festival held
in
Germany.
250. The “Navruz” national theatre festival, now a
tradition in Uzbekistan, continues to gain in popularity; in 1998 the
“Humo” international youth theatre festival was held, with the
participation of theatre groups from many Uzbek towns
as well as theatres from
Israel. The festival is now to be held on an annual basis and to extend its
geographical range. In 1998,
the Uzbek ballet company took part in a
ballet competition in Paris. Soloists from the “Bahor”,
“Tanovar”
and “Lazgi” groups and from the
“Uzbekraqs” national company took part in the fifteenth
international folklore
festival in the town of Saint Gallen in Belgium.
Another event on the cultural calendar is the M. Turgunbaeva national
folkdance
festival.
251. Uzbekistan has an immensely rich and truly
unique cultural heritage. Situated on its territory are a great many monuments
from
its thousand years of history and culture, which are of immense value in
promoting the Uzbek people’s growing respect for their
history and love of
their culture. Extensive programmes are being mounted by the State to tackle
the problem of preserving and popularizing
the country’s antiquities.
Special architectural and ethnographic areas and openair museums have been set
up in many parts
of the country and major work undertaken to restore, conserve
and develop major historical and architectural sites, including three
large
preservation areas, situated in the worldfamous ancient cities of Central Asia,
and new centres have been created to celebrate
the achievements of our great
ancestors AlBukhari and AlFarghoni. Museums are playing an increasingly
important role in public life.
A museum of the history of the Timurids was
opened in 1996. The outstanding collection of the Karakalpakstan National
State Art
Gallery is gaining popularity with the public and it recently held a
successful exhibition in the French city of Cannes.
252. The national
centres have an important role in the country’s cultural renaissance.
There are more than 100 such centres
in Uzbekistan, helping to draw
together people of different ethnic origin. They run a variety of activities
including entertainment
evenings, exhibitions and festivals, which help people
from different diasporas to maintain their links with their historical
homelands.
Members of different nationalities also participate in symposiums,
festivals and conferences organized in other countries. Representatives
of the
national cultural centres are included in government delegations on official
foreign visits. The activities of all the centres
are coordinated by the
National InterEthnic Cultural Centre.
253. The Uzbek Ministry of Culture
runs 309 music and art schools and three special boarding schools, with a
total student population
of 70,467 and teacher complement of
7,782.
254. After independence, the President issued a number of decrees
designed to develop and support education in the arts, including
decrees on
measures to encourage young scholars (February 1993), measures to improve
musical education (December 1996), the organization
of a college of
folkdance and choreography (January 1997) and the establishment of the
Academy of Arts (January 1997). These decrees
have as their purpose the
development of the arts, the introduction of the new forms of special secondary
and vocational education
prescribed by the new Education Act, and the promotion
of the equal rights and equal opportunities of gifted children to receive an
appropriate education.
255. The Ministry of Culture has run various
competitions to identify and encourage talented children. These include the
M. Ashrafi
and M. KaraYakubov children’s music competitions
under the slogan “Soglom Avlod Uchun” and art competitions for
students at art schools in different age categories. Prize winners from many of
these competitions also take part in international
exhibitions and competitions
and have received international acclaim.
256. Notwithstanding the
country’s economic difficulties, every possible effort is being made to
maintain and develop the country’s
music and art schools. Over the last
two years, there have been no more closures of children’s music schools
(in all, since
1992, 21 such schools have been closed). As many as
15 per cent of the children at these schools, from lowincome families
and children’s
homes and the children of disabled parents, benefit from
the system of free instruction, which is being maintained.
257. In August
1996, an Englishlanguage immersion programme was held for 400 children from
all the provinces of Uzbekistan at the
Avtomobilist children’s summer
camp. The programme was organized by the Association of the Federation of Uzbek
Trade Unions,
in conjunction with the United States Peace Corps in Uzbekistan,
the Cabinet of Ministers, the Ministry of Education and the provincial
hokimiyats, at a total cost of 2,164,000 som.
258. The State is
taking steps to ensure proper observance of the principle of equality and the
prevention of discrimination against
children on the grounds of ethnic
background, social group, place of residence and sex.
259. The State
subsidizes all the art schools and boarding schools in Uzbekistan and funds a
wide range of measures to foster the
creativity of children, to instil in them a
sense of respect for the cultural and spiritual heritage of their country and
for world
civilizations, and to preserve the originality of different
cultures.
260. Assistance is also provided for teachers’ and
students’ exchange programmes, as well as for cultural exchanges and
other
international contacts.
261. The “Gamkhurlik”
(“Care”) programme is a yearly event held throughout the country to
provide organized
leisure and recreation during the summer holidays for children
with behavioural problems who have been registered with the internal
affairs
authorities as needing special attention. The programme is held in
children’s summer camps and school camps and jointly
run by the Ministry
of Education, Ministry of Internal Affairs and voluntary
organizations.
262. It should be noted that children from lowincome
families spend their holidays in summer camps free of charge, the costs being
borne by the State.
Recreation and cultural activities
263. Uzbekistan has no special legislation
governing the rights of children to leisure and cultural activities. These
rights are
established, however, in various statutory instruments relating to
issues of education, youth policy, and support for the arts and
culture.
264. No restrictions are placed in Uzbekistan on the free
participation of children in cultural life and artistic activities, either
on
the grounds of age or on other grounds, such as sex, ethnic origin or social
status. There are problems in some areas relating
to children’s access to
cultural activities, because of the distance between their homes and major
cultural centres, due primarily
to the increasing cost of public transport and the trend to abolish free
services and also because of the fare system on municipal
transport and in the
underground, under which separate tickets at the adult rate have to be purchased
for each form of transport.
265. There is an established system in
Uzbekistan whereby professional, cultural and artistic establishments (museums,
theatres, libraries,
cultural associations, recreation and culture parks, the
circus, educational establishments, etc.) all contribute to the cultural
education of children and help with the organization of cultural and leisure
activities.
266. At the national level, subsidies are provided for a
range of cultural, artistic and leisure activities for children on the occasion
of national and traditional holidays, such as Navruz, Independence Day, New
Year, National Children’s Day and others.
267. In order to foster
in children a sense of respect for national traditions and for the cultural
heritage both of Uzbekistan and
of the world as a whole, and to help them
develop a free creative individuality and sense of human dignity, the State is
taking a
range of steps of a legislative nature, designed to develop and support
theatre, music, dance, fine arts, museum work and other activities
in
Uzbekistan.
268. Measures are being taken to ensure the conservation and
proper maintenance of all the country’s music schools, art schools,
children’s libraries and children’s theatres; new artistic bodies
are also being established. Thus, since 1994, two
more children’s
theatres have been created, one in Tashkent and one in Qarshi, while the
National Children’s Art Centre
has set up three new branches in the
provinces. The centre is currently providing teaching to 300 children
(primarily orphans, disabled
children and children from lowincome families). As
many as one fifth of the circus and children’s theatre performances in
the
country are put on, free of charge, for charity. Parents are fully or partially
reimbursed from local budgets for the cost of
tickets and transport to enable
children from villages and the countryside to attend various cultural events
(children from rural
areas constitute between 7 and 10 per cent of the
annual total number of children attending such events).
269. As many
institutions in Uzbekistan are now shifting to new forms of management and to
funding from local budgets and as prices
in the services sector and the costs of
material and technical maintenance continue to rise, it is becoming increasingly
hard for
cultural societies, public parks and fairgrounds, libraries, provincial
theatres, museums and other establishments to continue to
operate at the proper
professional level. As the entertainment sector becomes increasingly
commercialized, there is a natural process
of shrinkage, resulting in the
closure every year of four or five fairground establishments as nonviable; at
the same time, children’s
performing groups, art studios and theatre
studios are shifting to a feepaying basis.
270. For that reason, not all
sectors of the population have access to increasingly expensive recreation and
coaching facilities for
children. At the same time, the number of children
attending such establishments is on the increase and has grown, on average, by
some 50 per cent. There is also a yearly increase (3 to
5 per cent) in the number of children attending courses at
professional
theatres, the circus and museums.
271. Economic difficulties
are also affecting the country’s libraries: every year,
some 10,000 more children use library services,
while the library
stock is decreasing annually by
between 10 and 15 per cent and there is a shortage of
books in the Uzbek language:
currently these account for only one third of the
existing stock.
272. A system of sponsorship for cultural activities of
various kinds is starting to gain hold in Uzbekistan. This takes the form
of
assistance for the conduct of exhibitions, competitions and tours by
children’s performing groups. At the same time special
grants have to be
provided by the State for the support and development of children’s art
and culture establishments.
273. In all, there are 75 general museums,
514 public museums on specific themes, 496 independent
children’s libraries, 86 culture
and recreation parks, two zoos and
one permanent circus in Uzbekistan.
274. Particular attention in
this context should be given to the work of the charitable youth foundation
Kamolot, which has 12,591,006
members, 8,358,050 of whom are girls. Over recent
years, Kamolot has carried out the following activities:
Together with the Konrad Adenauer Foundation, it conducted a course on youth
issues in Samarkand on 7 and 8 April 1997;
Together with the UNESCO office in Uzbekistan, it conducted courses on the
issue of youth and the spiritual development of Uzbekistan;
It has conducted courses for young entrepreneurs in Tashkent and in Tashkent
province.
275. In addition, the Uzbek Women’s Committee, working
together with the Mahallya Foundation, has conducted round tables on
the role of
the mahallya in training and education, to discuss such issues as juvenile
delinquency and the fostering in children
of a spirit of diligence and
patriotism.
276. A number of measures have been conducted to promote
sporting activities and a healthy lifestyle among the younger generation.
In
conjunction with the Umid startup team to launch the scout movement in
Uzbekistan, a national championship was held in rockclimbing
and other training
activities conducted for scouts, to mark the Navruz national
holiday.
277. Official steps are currently being taken to organize a
competition with the slogan “Men Uzbek tilida gaplashaman”
(“I
can speak Uzbek”) in Russianmedium schools in Uzbekistan. The competition
is designed to encourage the younger generation
to respect the culture of other
peoples, to reject discrimination on the grounds of race and nationality and to
revere Uzbek traditions
and customs, as well as to improve their skills in the
State language.
278. In order to prepare adolescent girls for family life
and to raise a healthy new generation, plans are also being made, in conjunction
with the Uzbek Women’s Committee, to run courses on the role of morality
and the individual in upholding the State. In August
1998, the “Women of
the Twentyfirst Century” Centre was opened as part of the Kamolot Youth
Foundation and the centre’s
director was accorded the status of
deputypresident of the foundation.
279. Under the campaign slogan
“Youth of Uzbekistan in the Twentyfirst Century”, a number of joint
measures have been
planned for 1999, in conjunction with the Trade Union
Council, to provide summer recreation for children. A youth talent course
was
held at the Ministry of Education’s, Iste’dod Centre as a result of
which 41 talented youngsters are now receiving
Kamolot grants. The Yosh
Ijodkorlar club has been running a programme to identify talented poets from
among its members and to provide
material incentives for young poets. Plans are
also afoot, in conjunction with the Ministry of Education, to organize
children’s
tours to the country’s historical sites and to visit
monuments to the country’s independence, so as to foster in them
a spirit
of patriotism and national pride. A special youth competition has been
organized to promote young people’s knowledge
of the State political
system and the members of the panel of judges have been appointed. A special
centre has been set up in Bukhara
to promote young people’s knowledge of
the history and nature of this part of the world and to foster in them a spirit
of respect
for their country. A cooperation agreement has been signed with the
Mahallya Foundation on activities to foster a spirit of humanism
among children
and to enhance the role of the family, the school and the mahallya in the
development of the individual. Plans are
under way to run a competition on
local history, with a view to assessing children’s knowledge of the
history of their part
of the world and ways of improving this
knowledge.
280. In compliance with the resolutions adopted by UNESCO at
its twentyeighth session in 1995 and by the Uzbek Cabinet of Ministers
to
mark the twothousandth anniversary of the towns of Bukhara and Khiva, a youth
centre for the historical study of Bukhara and Khiva
has been opened. The
centre organizes a variety of expeditions, including scientific expeditions, to
extend young people’s
knowledge of the history of that area. A number of
television programmes, targeted at young people, have also been prepared, to
inform them about the history of their country.
281. The mahallya
committees are also contributing to characterbuilding activities for the younger
generation. A range of children’s
clubs have been opened in all mahallya
centres, where children can spend their free time in a constructive manner.
Educational activities
for children are a fixed item on the agenda of the
periodic meetings held by these centres.
282. State television broadcasts
the following programmes, containing both entertainment and educational content,
for children:
“Olam bizning quzimizda” (“The world through our
eyes”), a 30minute programme produced by the “Alanga”
(“Flame”) youth radio channel, featuring discussions on issues
proposed by children themselves. The programme gives
children a platform for
their views and the chance to defend their opinions;
“Guzallik mulkining vorislarimiz” (“The beauty of the world
is our heritage”), a 30minute programme in which
children of different
ages present their own creative work, poems, stories, drawings and essays,
showing how they view and understand
the environment and society and expressing
their own vision of the future;
“Ozodlik ulqasi” (“Land of freedom”), a radio quiz
programme in which children present stories and poems about
their independent
country and the people to whom it really belongs, about the history of the State
and the memories of its people.
The programmes reflect the level of development
of the country’s children, exploring their views and their
attitudes;
“Agar rahbar bulib qolsam” (“If I become a leader”),
a programme in which children describe their plans and
ideas about ways of
improving their lives and the environment and raising the standard of living of
their people. These 30minute
programmes are regular slots during the
“Kalacak tongi” (“Morning of the future”),
broadcasts;
“Tong yulduzi”, “Kalacak tongi” and
“Mehmoni” (“Morning star”, “Morning of the
future” and “Visiting”), a regular review produced by the
national children’s newspaper Tong yulduzi and conducted by the
newspaper’s top journalists, children’s writers and poets;
“Gulhan sahifalarida” (“In the pages of
GulhanCampfire magazine”), a programme in which children learn
about recent issues of this children’s magazine and in which a wide range
of other children’s publications books, textbooks, popular articles, etc.
are also publicized. The programme includes 710
minute review spots, during
which scientists and specialists are invited to explain items which might be
difficult for children to
understand;
“Uzligimni izlaiman”, 30minute programmes designed to promote
selfunderstanding and selfawareness, in which historians,
philosophers,
scientists and other prominent academics and figures from the arts world are
invited to discuss issues relating to
the development of the individual, of
mental faculties and of human capabilities in general;
“Ilmli ming yashar”, 30minute programmes giving reports, from
schools and colleges about the accomplishments, projects
and research carried
out by the pupils and students themselves and presenting stories about famous
scientists and other legends,
designed to heighten the awareness of children and
teenagers of the need to study;
“Ekologiya, salomatliq va bolalar” (“Environment, health
and children”), 30minute programmes about children’s
activities in
this area and about environmental education in general;
“Bir tanmiz, bir jonmiz qadim ona Turkistonmiz”, 30minute
programmes bringing together children of the same age from
Kazakhstan,
Kyrgyzstan, Turkmenistan and other countries, to discuss life in their own
countries and their various hobbies;
“Donishnoma”, 30minute programmes designed to promote respect for
parents, for elders, for the country’s language
and for its national and
spiritual heritage. The programmes take the form of narrative and stories of an
educational nature.
283. Close attention is also given to the physical development of the younger
generation. In order to promote a healthy way of life
in society and to prevent
illness, young people are encouraged to take up exercise and sport and, as part
of the implementation of
the presidential decree of 10 November 1998 on the
State programme for the reform of the Uzbek health system, on 27 May 1999 the
Cabinet of Ministers adopted a decision on 27 May 1999 on measures to
promote the development of physical culture and sport in Uzbekistan.
Criminal justice system: special protection of children (arts. 3036)
284. Over recent years, an entire range of
measures have been applied in Uzbekistan to combat crime and delinquency among
minors.
When dealing with specific offences committed by young people, a
casebycase approach is followed in determining penalties, taking
into account
the nature of the offence and the personality of the
perpetrator.
285. Commissions on minors’ affairs have been set up
in Uzbekistan, to investigate the problem of neglected children, to conduct
awarenessraising work among young people, to provide assistance in finding work,
to uphold the rights of children and young people
and to coordinate the efforts
of State authorities and voluntary associations in all these
matters.
286. Over the past few years aspects of juvenile delinquency
have been reviewed at various coordinating and interdepartmental conferences
and
meetings and by the boards of the procuratorial authorities, which have
discussed the more urgent problems of crime among children
and those aspects of
most practical significance, developing recommendations for the attention of the
authorities under their jurisdiction,
designed to boost the effectiveness of
locallevel procuratorial supervision.
287. Available statistics show that
procuratorial supervision has been stepped up over the last five years. There
has been a substantial
increase in the number of procuratorial inspections, more
objections have been lodged regarding breaches of the law, more recommendations
filed and more procuratorial actions of other kinds have been taken. In the
conduct of these inspections, particular attention is
given to the protection of
the constitutional rights and lawful interests of children.
288. In
particular, the procuratorial inspections have covered such issues as compliance
with the statutes on education, health and
labour, the observance of legality by
minors’ affairs inspectorates and commissions in their work and also by
minors’
reception and placement centres, and the provision of arrangements
for education and training in places of detention, special schools
and
vocational colleges for young offenders.
289. Over the last five years,
the procuratorial offices have conducted 8,388 inspections of compliance
with the laws relating to
minors, lodging 1,704 objections,
submitting 6,792 recommendations on measures to suppress
contraventions of the law and
conditions conducive to such contravention, serving warnings on 3,657
officials, issuing 1,452 instructions, instituting disciplinary,
administrative and material proceedings against 5,799 officials and, in the
exercise of their general supervisory functions, filing
210 criminal
suits. As stipulated in article 13 of the Uzbek Criminal Code:
“Individuals of sound mind who have attained
the age of 16 at the
time of the commission of a crime may be held liable”.
290. When
the Uzbek Criminal Code was drafted and adopted in September 1994, a number of
provisions and stipulations set forth in
the Convention on the Rights of the
Child were taken into account and duly reflected.
291. Under Uzbek law,
persons who have attained the age of 13 may be held criminally liable, but only
for the commission of premeditated
murder in aggravating circumstances
(article 97, second section). Criminal liability is engaged from the age
of 14 for certain types
of serious offences, and from the age of 16 for all
other crimes. In addition, the benign disposition of the Uzbek State is
manifested
in the inclusion in article 555 of the Uzbek Code of Criminal
Procedure, alongside other preventive measures, of the following:
pledge of
good conduct, personal suretyship, suretyship of a voluntary association or
collective, release against payment of a deposit,
release under surveillance.
Minors may also be placed under the supervision of their parents, wardens or
guardians, wardens, or,
where applicable, persons in charge of the
children’s institutions in which they are being
raised.
292. Children who have attained the age of 14 at the time of
commission of a crime, shall incur liability for crimes covered by the
first
section of article 97, articles 98, 104106, 118, 119, 137, 164166, 169, the
second and third sections of article 173, articles
220, 222, 247, 252, 263, 267,
271 and the second and third sections of article 277 of the Criminal Code.
Liability for the crimes
covered by articles 122, 123, 127, 144, 146, 193195,
205210, 225, 226, 230232, 234, 235 and 279302 of the Criminal Code may only
be
incurred by persons who have attained the age of 18 at the time of commission of
the crime.
293. The liability of offenders aged under 18 is engaged in
accordance with the general principles of the Criminal Code and with due
regard
for the specific conditions set forth in part 6 of its section on general
provisions. Under article 558 of the Code of Criminal
Procedure, remand in
custody may only be applied as a preventive measure in exceptional cases, when a
minor has been charged with
the commission of a crime carrying a sentence of
deprivation of liberty for periods of more than three years and when other
preventive
measures are not likely to ensure appropriate conduct by the minor in
question.
294. Pursuant to section 1 of the presidential decree of 30
April 1999, granting an amnesty on the occasion of the proclamation of
9 May as
Remembrance and Veneration Day, persons who committed crimes while still minors
are to be released from their punishment,
including both custodial and
noncustodial sentences.
295. A system of care and guardianship is provided for children deprived of a
family environment (articles 165215 of the Family Code).
The mahallya also
provides a comprehensive range of material and moral support for such children
and monitors the conditions in
which they are raised and
educated.
296. Taking account of the general provisions of the Convention
on the Rights of the Child relating to special protection measures
for children
in conflict with the law and with due regard for the particular attention given
by the international community to these
important problems, the Republic of
Uzbekistan ratified the Convention in December 1992.
297. Whereas in 1992
1,770 minors were detained by the authorities, in 1996 this number dropped to
1,390.
298. When authorizing detention, procurators personally study the
materials of the case, review the grounds for arrest and, in all
cases, question
the minor charged with the offence about the circumstances in which the
preventive measure is being applied. The
legislation also prescribes that, when
minors are being remanded in custody, they must be kept separate
from adults.
299. Particular attention is given to the observance of
legality in the conduct of pretrial inquiries relating to children and
adolescents.
Thus, minors held in detention have the right to immediate access
to legal assistance, ensuring that their legal counsel is present
from the
moment they are first questioned, whether as suspects or as persons charged with
offences. To give strengthened effect
to the rights and lawful interests of
minors, the Criminal Code contains rules of law prescribing the mandatory
presence, whenever
minors are being questioned, of their lawful representatives
or parents. Article 554 of the Code of Criminal Procedure prescribes
the
presence of a teacher or psychologist at the questioning of minors. Article 552
prescribes the presence of legal counsel and
a legal representative when charges
are being laid against a minor. Under article 552 of the Code of Criminal
Procedure, the questioning
of a minor suspected or charged with the commission
of a crime may not extend for more than six hours, not including a one hour
break
for rest and refreshment.
300. Much stricter penalties are now
prescribed for inducing minors to engage in antisocial activities. Thus,
whereas in 1992, 63
adults were charged with such inducement, in 1996 this
figure increased to 146.
301. With regard to article 34 of the
Convention, the Criminal Code gives particular prominence to the rule of law
protecting children
from all forms of sexual exploitation and sexual abuse
(article 128, on sexual relations with persons under the age of 16; article
129,
on the sexual abuse of persons under the age of 16; article 131, on the keeping
of establishments of illrepute and procurement
involving minors; article 135,
para. (c), on the recruitment of persons for the purposes of exploitation).
Article 130 of the Criminal
Code establishes criminal responsibility for the
preparation or distribution of pornographic materials to persons under the age
of
21.
302. With regard to article 35 of the Convention, special measures have been
adopted to prevent trafficking in and the smuggling,
smuggling and abduction of
children. Articles 137 and 245 establish criminal liability for the
abduction of a child and for the
taking of children as
hostages.
303. With regard to article 33 of the Convention, the State
accords particular attention to protecting the health of the younger generation.
Article 273, paragraph (d), prescribes criminal prosecution for the unlawful
preparation, obtention, carriage or transfer for the
purposes of sale of
narcotic drugs or psychotropic substances in educational establishments or in
other places frequented by school
children or students for the conduct of their
educational, sporting or social activities.
304. Minors against whom
criminal or administrative charges have been laid or who have been convicted
have the right to appeal, including
through their legal representatives, to the
courts and to the procurator’s office against the unlawful actions of
officials.
305. Voluntary organizations and local authorities also play a
role in ensuring that children are raised and educated in a spirit
of diligence
and respect for the law.
306. In August 1996, the Kamolot Foundation held
a round table attended by representatives of relevant ministries and government
departments,
on the issue of preventing criminality among young people and ways
of identifying and suppressing criminal tendencies. The conclusions
of the
round table were submitted to the Oliy Majlis, the Supreme Court and the
Ministry of Justice.
307. Joint measures have been conducted by the
Ministry of Internal Affairs, the Ministry of Defence, the Tashkent hokimiyat
and the
Council of the Trades Union Federation, aimed at reforming problem
adolescents and registered with the Tashkent districts internal
affairs offices,
and annual sports camps are also organized for young people with a view to
preventing delinquency and preparing
them for military service.
308. The
mahallya cooperates closely with local internal affairs, procuratorial and
judicial authorities to prevent the spread of
drug addiction and alcoholism
among children and various joint measures are conducted to that end. Whenever
teenagers are found
to be behaving in an antisocial manner, their parents and
teachers are summoned to a mahallya meeting, and ways of correcting their
behaviour are discussed.
309. Where an adult is found to have had sexual
contact with a minor, a severe reprimand is administered by the mahallya, which
immediately
reports the incident to the appropriate
authorities.
310. Thus, the law enforcement and other State authorities
are taking the necessary steps, with the broad support of the public, to
ensure
compliance with the principles and provisions of the Convention on the Rights of
the Child and to enhance the responsibility
of the country’s officials for
this aspect of their work.
311. The foregoing clearly demonstrates that a large volume of work is being
carried out, at many different levels, in the Republic
of Uzbekistan to ensure
the comprehensive protection of mothers and children and to uphold the rights
and lawful interests of minors
in accordance with the provisions of the Uzbek
Constitution and legislation and the United Nations Convention on the
Rights of the Child.
Special protection measures against economic exploitation,
including child labour (art. 32)
312. Over
the years since its independence, a sound legislative and regulatory framework
has been built up in Uzbekistan for upholding
the rights of children and
protecting them from economic exploitation and from performing any work
that is likely to be harmful to
their health.
313. The law of the
Republic of Uzbekistan prescribes that the State shall protect the rights of
minors through the adoption of statutes
and the monitoring of compliance in the
areas of labour law, occupational safety, social welfare and
education.
314. The Labour Code of the Republic of Uzbekistan, which
entered into force in April 1996, sets 16 as the minimum age for admission
to employment. As part of their preparation for employment, pupils and students
aged 14 and over at general education schools, vocational
technical colleges and
secondary educational establishments are permitted, during afterstudy hours, to
perform light work which poses
no hazard to health. With the written consent of
one parent or of a person acting in the parent’s stead, young people may
be admitted to employment from the age of 15.
315. With due regard for
particular physical, psychological and social conditions, youngsters aged 1618
may not work more than 36
hours a week and those aged 15 and 16 (and also
schoolchildren aged 1416 working during their holidays) may not work more than
24
hours a week, and shall receive the same remuneration as employees in
the same categories working a full working week.
316. All persons under
18 may only be admitted into employment after undergoing a preliminary medical
check and thereafter are obliged
to have annual medical checks until the age of
18.
317. Pursuant to articles 239244 of the Labour Code, employees
aged under 18 shall be accorded the same treatment in the workplace
as adult
employees and shall also enjoy additional benefits in such areas as vocational
safety, working hours and leave. They shall
have annual leave of not less than
30 calendar days, which they may take during the summer or at any other
time of year that suits
them.
318. To protect the health of young people,
the State passed legislation prohibiting the use of the labour of persons under
18 in
certain jobs listed as having adverse working conditions.
Following the adoption of this statutory instrument, the number of young
people working in adverse working conditions in the industrial,
transport and
construction sectors dropped by half and in the communications sector all young
people were moved from jobs with adverse
working conditions.
319. The
State ensures optimal working conditions for young people performing work that
involves the manual lifting and moving of
loads, to ensure that they suffer no
damage to their physical development and health. In 1996, health standards were
adopted stipulating
the maximum permissible loads for young people, which for
boys aged 1618 are set at 13 kg and for girls at 7 kg. Boys aged 1415
and girls aged 1618 may only be required to lift loads in exceptional
circumstances.
320. The State has taken a number of steps to extend the
educational and training opportunities available to young people and there
are
now more than 60,000 students in general educational and secondary
technical colleges. Young employees following remote courses
in specialized
secondary and higher educational establishments are entitled to receive from
their employers at least half the travel
costs of one return journey per year to
their respective college, to enable them to attend laboratory practicals or
examinations.
The same conditions apply to travel costs connected with the
preparation or defence of dissertations or the sitting of final
examinations.
321. Employees successfully following courses in general
education schools, which involves no disruption of their employment, follow
a
working week which has been shortened by one working day or by the corresponding
number of working hours spread over the week,
and those following courses at
general education schools in rural areas have their working week shortened by
two working days or
by the corresponding number of hours spread over the
week.
322. Students attending higher education establishments shall be
released from their jobs during the academic year for a total of
at least 36
working days or the corresponding number of working hours. Where they are
following a fiveday working week, the total
number of working hours for which
they are released from their jobs remains constant, while the number of working
days for which
they are released varies in accordance with the length of their
shift.
323. During periods when they are released from their jobs,
employees following educational courses are paid at least 50 per cent
of the average monthly wage at their primary work place and not less than the
established minimum wage.
324. The State constantly monitors compliance
with the legislation on child labour and the regulations and standards regarding
their
occupational safety. Specially empowered States bodies have been set up
for such monitoring: these are technical and regulatory
labour inspectorates,
with the power to institute disciplinary, administrative and even criminal
proceedings against employers and
officials, regardless of the forms of
ownership and management of the enterprises in their charge, for contraventions
of the legislation
on juvenile labour.
325. For young people, and in particular schoolleavers from general education
schools who lack the relevant vocational training, as
well as those categories
of young people who, for one reason or another, have not continued their studies
or started work, a very
important social protection measure is provided in the
form of retraining and further training programmes. In 1996, a total of
17,880
temporarily unemployed young people in Uzbekistan underwent vocational
guidance and were assigned to vocational training courses
by the labour
authorities.
326. Under Uzbek law, all unemployed citizens (young people)
who have been assigned to vocational training courses are found fulltime
jobs on
the basis of trilateral contracts, between the labour exchange, the educational
establishment and the enterprise concerned.
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