Providing assistance in improvement of legislation in the area of human rights and monitoring the observance of human rights

In accordance with the Article 1 of the Law on the Authorized Person for human rights (Ombudsman) the functions and duties of Ombudsman as regards providing assistance in improvement of legislation are carried out during the check of draft laws for consistency with international human rights standards. Control over observance of current legislation is carried out by Ombudsman in the course of checks into implementation of legislation of the Republic of Uzbekistan and provisions of international law, which he performs in the regions of the Republic, as well as during investigations of citizens’ complaints.

The duties of Ombudsman as regards the protection of human rights are closely related to the study of legislation, which directly or indirectly concerns human rights. While examining specific cases of human rights violations by state bodies or officials, Ombudsman evaluates practical effectiveness of legislation in force, identifies gaps in legal regulation of human rights issues, determines whether national legal provisions are consistent with international ones.

The goal of Institute of Ombudsman is both to restore violated rights and to prevent further violations by eliminating their causes. In line with international practice, the duties of Ombudsman should not be limited to handling citizens’ complaints, since it does not contribute to elimination of initial causes of violations. Analysis of complaints allows identifying the most common and typical cases of violations, as well as helps understand their causes (it can be an unfair practice of officials or imperfections in the existing legislation). Activities of Authorized Person (Ombudsman) on improvement of legislation represent one of the most important areas of his work. However this work is hindered by the fact that according to the new Law, Ombudsman does not have a right of legislative initiative.

Since the early days of its existence the Institute of the Authorized Person of the Oliy Majlis for human rights (Ombudsman) places special significance to incorporation of provisions of international treaties and agreements of the Republic of Uzbekistan into the national legislation. During the past period several monitoring exercises were carried out in all regional of the Republic. They concerned many urgent issues, such as observance of women’s and children’s rights, property owners’ rights, disabled persons’ and patients’ rights, rights of convicts and detainees, as well as observance of citizens’ rights to access the court and to address state bodies.

During the past period the following activities were carried out to monitor the observance of human rights legislation by state bodies, organizations, enterprises and officials:

• 1999  – Monitoring of women’s and children’s rights in the framework of the Year of Women;
• 1999-2000 – Monitoring of the observance of the Criminal Procedural Code of the Republic of Uzbekistan as regards the observance of rights of convicted persons in detention places;
• 2000 – Monitoring of observance of citizens’ rights to access the courts in Tashkent region;
• 2001 – Monitoring of juvenile crime prevention activities in Fergana region; monitoring of observance of entrepreneurs’ rights in Bukhara region; monitoring of provision of social allowances to women, children and low-income families in Syrdarya region;
• 2002 – Monitoring of observance of children’s right for education in Khorezm region; monitoring of observance of women’s reproductive rights in Djizak region;
• 2003 – Monitoring of court protection of citizens’ labor rights in Navoi region; monitoring of observance of children-patients’ rights in Samarkand region; monitoring of observance of patients’ rights in Fergana, Andijan and Namangan regions;
• 2004 – Monitoring of citizens’ rights for judicial protection in Kashkadarya, Surkhandarya, Tashkent regions, Republic of Karakalpakstan and Tashkent city;
• 2005 – Monitoring of the observance of rights of property owners in Tashkent City;
• 2006 – Monitoring of the observance of rights of property owners in all regions of the country;
• 2007 – Monitoring of the observance of farmers’ rights in Tashkent and Syrdarya regions;
• 2008 – Monitoring of the observance of farmers’ rights in all regions of the country.

Monitoring is performed based on analysis of complaints and applications addressed by citizens to the Authorized Person on human rights (Ombudsman), as well as it is complemented by awareness-raising activities, examination of situation pertaining to observance of provisions of Law on Citizens’ Application and Law on Ombudsman by state officials. Ombudsman carries out monitoring activities jointly with the regional representatives of Ombudsman, representatives of national human rights institutions, non-governmental non-commercial organizations, legal scholars, social scientists, journalists and officials at all levels.

Results and outcomes of monitoring activities are summarized in analytical reports that reveal the reasons and conditions conductive to human rights violations. Reports also contain specific recommendations for elimination and prevention of those causes. Analytical reports are discussed at the sessions of regional Kengash gatherings of People’s Deputies, at panel discussions in ministries and departments, as well as in mass media. Following Ombudsman’s recommendations specific decisions are taken by state authorities to elaborate particular measures aiming at elimination and further prevention of identified violations of human rights. Information on activities carried out by khokimiyats [Regional and City Mayor’s Offices], ministries, departments and institutions on implementation of Ombudsman’s recommendations are discussed at the sessions of the Commission for Observance of Constitutional Human Rights and Freedoms.