Distr.

GENERAL

CRC/C/15/Add.167
7 November 2001

Original: ENGLISH

Concluding observations of the
Committee on the Rights of the Child : Uzbekistan.
07/11/2001.

CRC/C/15/Add.167.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-eighth
session

CONSIDERATION OF REPORTS
SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION

Concluding observations of
the Committee on the Rights
of the Child: Uzbekistan

1. At its 743rd and 744th meetings (see
CRC/C/SR.743-744), held on 9 October 2001, the Committee on the Rights of the
Child considered the initial report of Uzbekistan (CRC/C/41/Add.8), which was
received on 27 December 1999, and adopted at
the 749th meeting, held on 12 October 2001 the following concluding
observations.

A.
Introduction

2. The Committee notes that the State party's
initial report was prepared according to the Committee's guidelines for
reporting. However, it regrets that the report is essentially legalistic and
does not provide a self-critical evaluation of the prevailing situation with
regard to the exercise of children's rights in the country. It notes the timely
submission of the detailed written answers to the list of issues. The Committee
notes with appreciation the informative dialogue with the delegation.

B. Positive
aspects

3. The Committee notes that the State party has
ratified the six major international human rights instruments.

4. The Committee appreciates the fact that the
State party has sought cooperation and assistance in the area of human rights
from United Nations agencies and other international and regional
organizations.

5. The Committee welcomes the call in President
Karimov's address to the Parliament on 29 August 2001, for judicial and legal
reform, including in the area of the administration of juvenile justice.

6. The Committee welcomes the establishment of
new institutions, including the Family, Mother and Child Welfare Secretariat and
the Committee for Youth Affairs. It further welcomes the adoption of new
programmes such as the State programme to promote a healthy younger generation
and to enhance the work of the minors' affairs commissions.

C. Factors and difficulties
impeding the implementation of the Convention

7. The Committee notes that the State party
continues to face serious economic, social and political challenges following
independence, which are having a severe impact, especially on the most
vulnerable groups in society. Furthermore, the ecological collapse of the Aral
Sea has left about 500,000 people in a precarious state of food security and
limited access to safe drinking water.

D. Principal subjects of
concern and recommendations

1. General measures of
implementation

Legislation

8. While noting various legislative measures
already taken or proposed with respect to child rights (for example, the 1998
Family Code, the 1996 Code of Administrative Liability, the 1996 Civil Code, the
1994 Criminal Code and the 1995 Labour Code), the Committee is concerned that
they do not sufficiently reflect a comprehensive rights-based approach to the
implementation of the Convention.

9. The
Committee recommends that the State party:

(a) Consider children's rights, as granted by
the Convention, as a priority;

(b) Undertake a comprehensive review of existing
legislation, from a rights-based approach, to ensure its conformity with the
principles and provisions of the Convention;

(c) Consider adopting a comprehensive children's
code incorporating the principles and provisions of the Convention.

Coordination

10. Despite the existence of several
governmental committees which deal with children's issues (for example, the
Women's Affairs Committee and the Minority Affairs Committee), there remains a
lack of administrative coordination and cooperation at the national and local
government levels.

11. The
Committee recommends that the State party:

(a) Pursue the preparation, development and
implementation of a comprehensive rights-based national plan of action for the
implementation of the Convention, through an open, consultative and
participatory process;

(b) Establish or appoint a single body to be
responsible for ensuring intersectoral coordination and cooperation (at and
between national and local levels of government) in the implementation of the
Convention; and

(c) Provide adequate support to local
authorities for the implementation of the Convention.

Cooperation with civil society

12. While noting the good government cooperation
in the development and welfare sectors with national associations, bilateral aid
agencies, international organizations and NGOs, the Committee is concerned that
insufficient efforts have been made to involve civil society, particularly in
the area of civil rights and freedoms, in the implementation of the Convention.

13. The
Committee emphasizes the important role civil society plays as a partner in
implementing the provisions of the Convention, including with respect to civil
rights and freedoms, ill-treatment and juvenile justice. The Committee
recommends that the State party:

(a) Consider involving civil society, especially
children's associations, systematically throughout all stages of the
implementation of the Convention, in particular with respect to civil rights and
freedoms;

(b) Ensure that the 1999 Law on Non-Governmental
Non-Commercial Organizations conforms to article 15 of the Convention and to
other international standards on freedom of association, as a step towards
facilitating and strengthening their participation.

Data collection

14. The Committee is concerned that
disaggregated data on persons under 18 years relating to the rights contained in
the Convention are not systematically collected and used effectively to assess
progress and design policies to implement the Convention.

15. The
Committee recommends that the State party:

(a) Establish a mechanism to collect and analyse
systematically disaggregated data on all persons under 18 years for all areas
covered by the Convention, including those in the most vulnerable groups (for
example, refugee and asylum-seeking children, children of different ethnicity,
children living in remote areas, children with disabilities and children of
economically disadvantaged households);

(b) Seek technical assistance from, among
others, UNICEF.

Monitoring structures

16. The Committee notes the establishment of the
Ombudsman by the 1997 Law on the Authorized Person of the Oliy Majlis for Human
Rights. However, it is concerned that:

The mandate of the Authorized Person does not
provide for regular monitoring and evaluation of progress in the implementation
of the Convention;

The Law of 1997, which empowers the Authorized
Person to receive and address complaints, does not provide for an effective
mechanism to address complaints relating to violations of rights guaranteed
under the Convention, particularly complaints from children.

17. The
Committee recommends that the State party:

(a) Ensure the independence of the institution
of the Authorized Person is secured, as also recommended by the Human Rights
Committee (see CCPR/CO/71/UZB);

(b) Strengthen its support for the Authorized
Person, including through the provision of adequate human and financial
resources, so as to comply with the Paris Principles relating to the status of
national institutions (General Assembly resolution 48/134), and so as to include
monitoring and evaluating progress in the implementation of the Convention at
the national and local levels. This institution should be accessible to
children, empowered to receive and investigate complaints of violations of child
rights in a child-sensitive manner, and address them effectively;

(c) Seek technical assistance from, among
others, the Office of the High Commissioner for Human Rights and UNICEF.

Resource allocation

18. The Committee is concerned that insufficient
attention has been paid to article 4 of the Convention regarding the
implementation to the "maximum extent of ... available resources" of the
economic, social and cultural rights of children.

19. The
Committee recommends that the State party:

(a) Systematically assess the impact of
budgetary allocations on the implementation of child rights, and disseminate
information in this regard;

(b) Ensure the allocation and distribution - to
the maximum extent possible - of resources at the national and local levels,
where needed within the framework of international cooperation;

(c) Consider obligations under the Convention in
all aspects of its negotiations with international financial institutions and
other donors, to ensure that the economic, social and cultural rights of
children, particularly children belonging to the most vulnerable groups, are
well observed.

Training/dissemination of the Convention

20. The Committee notes various efforts
undertaken with international and regional organizations in the area of human
rights training. However, it is concerned that the level of awareness of the
Convention amongst professionals working with and for children, and the general
public, including children themselves, remains low. The Committee is concerned
that the State party is not undertaking adequate dissemination and
awareness-raising activities in a systematic and targeted manner.

21. The
Committee recommends that the State party:

(a) Develop an ongoing programme for the
dissemination of information on the Convention and its implementation among
children and parents, civil society and all sectors and levels of government,
including initiatives to reach those vulnerable groups who are illiterate or
without formal education;

(b) Develop systematic and ongoing training
programmes on human rights, including children's rights, for all professional
groups working for and with children (for example, judges, lawyers, law
enforcement officials, civil servants, local government officials, personnel
working in institutions and places of detention for children, teachers and
health personnel);

(c) Continue cooperation with regional and
international organizations in this regard, ensuring that the Convention is
included in the subject matter;

(d) Continue to seek assistance from, among
others, the Office of the High Commissioner for Human Rights and UNICEF.

2. Definition of the child

22. Noting that a person reaches the age of
majority at 18 years under the 1996 Civil Code, the Committee is concerned
about:

Inconsistencies with other legislation and
government decisions (for example, Cabinet Ministers Decision No. 319 of 24 June
1994 in relation to disability assistance paid to disabled children up to 16
years);

Differences in the minimum age for marriage of
males and females under the 1998 Family Code;

The inadequate enforcement of minimum-age
standards (i.e. with respect to early marriage, purchase of alcohol,
etc.).

23. The
Committee recommends that the State party review its legislation so that the
definition of the child and minimum-age requirements conform to the principles
and provisions of the Convention, are gender neutral, are explicit and are
effectively enforced by law.

3. General
principles

24. The Committee notes the important role of
the Makhallas at the local level in all matters of family law and
protection of children, including juvenile justice. However, the Committee is
concerned at the lack of information on their role in the implementation of the
general principles of the Convention.

25. The
Committee recommends that the State party:

(a) Educate Makhalla
committees on the principles and provisions of the Convention, and ensure that
those principles and provisions are reflected in the decision-making procedures
of these committees; and

(b) Include in its next periodic report
information on the rules and regulations governing the activities of these
committees, not only in areas relating to family law and juvenile justice, but
in the distribution of financial assistance, as well.

The right to non-discrimination

26. The Committee is concerned at the prevailing
disparities in the enjoyment of rights of children in Uzbekistan. In particular,
the Committee is concerned:

At the situation of children belonging to the
most vulnerable groups (for example, refugee, asylum-seeking and internally
displaced children, children belonging to minorities, disabled children and
those living in institutions, and in regions of the country lagging behind in
socio-economic development);

That the guarantee of non-discrimination in
article 2 of the Convention may be jeopardized, for example by social security
laws which effectively deprive non-citizens of rights to social security
benefits and impose fees which may inhibit access to health and education
services.

27. The
Committee recommends that the State party:

(a) Ensure that all children within its
jurisdiction enjoy all the rights set out in the Convention without
discrimination, in accordance with article 2;

(b) Prioritize and target social services for
children belonging to the most vulnerable groups.

28. The Committee is concerned that in practice
the system of residence registration in Uzbekistan may restrict the rights of
children belonging to vulnerable groups (for example, refugees, non-citizens,
migrants and persons internally displaced owing to conflict or economic or
environmental factors) to access to health care and other social services. In
particular, the Committee is concerned that because these rules are issued in
various forms (decrees, regulations, instructions, etc.), they may not be
sufficiently clear and may be open to abuse by officials reluctant to see
migrants settle in their jurisdiction.

29. The
Committee recommends that the State party:

(a) Ensure that the registration system is clear
and precise and does not pose a barrier to access to services, particularly for
the most vulnerable groups;

(b) Consider the experience of States that have
replaced the propiska system with systems which comply to international
standards in the area of freedom of movement.

30. Like the Committee on the Elimination of
Discrimination against Women and the Human Rights Committee, the Committee is
concerned that de facto discrimination on the grounds of gender exists in
Uzbekistan and expresses its concern at the persistence of stereotypical
attitudes relating to the roles and responsibilities of women and men.

31. The
Committee encourages the State party to launch comprehensive public education
campaigns to prevent and combat gender discrimination, particularly within the
family.

32. The
Committee requests that specific information be included in the next periodic
report on the measures and programmes relevant to the Convention on the Rights
of the Child undertaken by the State party to follow-up on the Declaration and
Programme of Action adopted at the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, taking account of General
Comment No. 1 on article 29.1 of the Convention (aims of education).

Respect for the views of the child

33. The Committee is concerned that traditional
attitudes towards children in society at large may limit the exercise of the
rights contained in article 12 of the Convention, especially within the family.

34. The
Committee recommends that the State party:

(a) Continue to promote and facilitate, within
the family, institutions, schools, the courts and administrative bodies, respect
for the views of children and their participation in all matters affecting them,
in accordance with article 12 of the Convention;

(b) Develop skills-training programmes in
community settings for teachers, social workers and local officials to support
children expressing their informed views and opinions, and to have them taken
into consideration;

(c) Seek assistance from, among others,
UNICEF.

4. Civil rights and
freedoms

Religion

35. The Committee emphasizes that the human
rights of children cannot be realized independently from the human rights of
their parents, or in isolation from society at large. The Committee notes the
1998 Law on Freedom of Conscience and Religious Organizations, and recent
amendments to the Civil and Criminal Codes relating to the freedom of religion.
In the light of article 14 of the Convention, the Committee is concerned that
restrictions on the freedom to manifest one's religion, particularly Islam, do
not comply with the requirements outlined in article 14, paragraph 3.

36. The
Committee recommends that the State party take effective measures, including
enacting or rescinding legislation where necessary, to prevent and eliminate
discrimination on the grounds of religion or belief in the recognition, exercise
and enjoyment of human rights and fundamental freedoms in all fields of civil,
economic, political, social and cultural life.

Access to information

37. In the light of article 13 (the child's
right to seek, receive and impart information) and article 17 of the Convention
(the right of access to information, including information and material from a
diversity of cultural, national and international sources), the Committee is
concerned that stringent registration and licensing requirements for the media
and publications, as well as restrictions on Internet access, do not comply with
article 13, paragraph 2, of the Convention.

38. The
Committee recommends that the State party take all effective measures, including
enacting or rescinding legislation where necessary, to ensure that the child's
freedom of expression and the right of access to information are guaranteed and
implemented.

Torture and inhuman or degrading treatment or
punishment

39. The Committee is deeply concerned by
numerous and continuing reports of ill-treatment of persons under 18 by the
militia, including psychological intimidation, corporal punishment, including
for purposes of extorting confessions. The Committee deplores the insufficient
efforts to investigate allegations of torture, as well as the failure to
prosecute alleged perpetrators.

40. In the
light of article 37 of the Convention, and recalling the Code of Conduct for Law
Enforcement Officials, adopted by the General Assembly in its resolution 34/169

of 17 December 1979, the Committee urges the
State party to:

(a) Take all necessary effective steps to
prevent incidents of ill-treatment from occurring;

(b) Implement the recommendations made by the
Human Rights Committee (CCPR/CO/71/UZB), and the Committee against Torture
(A/55/44, paras. 76-81);

(c) Provide the militia with training on how to
deal with persons under 18;

(d) Ensure children are adequately informed of
their rights when they are arrested and detained;

(e) Ensure that complaints procedures are
simplified so that responses are appropriate, timely and child-sensitive, and
provide rehabilitative support for victims.

5. Family environment and
alternative care

Children deprived of a family environment

41. The Committee expresses its concerns
that:

A high number of children, especially children
with disabilities, are abandoned, or are otherwise deprived of a family
environment;

Foster care, or other forms of family-based
alternative care, is not sufficiently developed and available, with the result
that children are placed in institutions;

Institutions (for example, "infants' homes"),
because of lack of resources, provide children with very low quality housing and
care;

The location and features of institutions do not
facilitate family contact;

Effective mechanisms for children to communicate
concerns and complaints about their placement are lacking;

There is no follow-up of children who have left
institutional care.

42. The
Committee recommends that the State party:

(a) Take effective measures, including the
development of strategies and awareness-raising activities, to reduce and
prevent the abandonment of children;

(b) Promote the family as the best environment
for the child, through counselling and community-based programmes to assist
parents to keep children at home;

(c) Take effective measures to increase and
strengthen foster care, family-type foster homes and other family-based
alternative care;

(d) Place children in institutions only as a
last resort;

(e) Take all necessary measures to improve
conditions in institutions;

(f) Ensure that children living there enjoy all
the rights laid down in the Convention, including the right to maintain personal
relationships and direct contact with their parents and families on a regular
basis;

(g) Provide support and training for personnel
in institutions, including social workers;

(h) Establish effective mechanisms to receive
and address complaints from children in care, to monitor standards of care and
to establish regular periodic review of placement;

(i) Provide adequate follow-up and reintegration
services for children who leave institutional care.

43. The Committee is concerned about:

The lack of national standards, particularly in
relation to foster and adoptive family screening;

The lack of mechanisms to review, monitor and
follow up adoptions, and collect statistics on foster care and adoption,
including intercountry adoption;

The practice of secret adoption.

44. The
Committee recommends that the State Party:

(a) Establish a comprehensive national policy
and guidelines governing foster care and adoption;

(b) Establish a central monitoring mechanism in
this regard;

(c) Ensure that adopted children who have
reached the age of majority have the right of access to the identity of their
biological parents;

(d) Accede to the 1993 Hague Convention on the
Protection of Children and Co-operation in respect of Intercountry
Adoption.

Violence/abuse/neglect/maltreatment

45. The Committee is concerned that there is
insufficient information and awareness of the ill-treatment and abuse of
children within the family, in schools and in institutions.

46. The
Committee recommends that the State party:

(a) Conduct a study to assess the nature and
extent of ill-treatment and abuse of children, and design policies and
programmes to address them;

(b) Take legislative measures to prohibit all
forms of physical and mental violence, including corporal punishment and sexual
abuse of children in the family, in schools and in institutions, taking into
account the WHO "European strategies and recommendations for child
protection";

(c) Carry out public education campaigns on the
negative consequences of ill-treatment of children, and promote positive,
non-violent forms of discipline as an alternative to corporal punishment;

(d) Establish effective mechanisms and
procedures to receive, monitor and investigate complaints, including
intervention where necessary;

(e) Investigate and prosecute instances of
ill-treatment, ensuring that the abused child is not further victimized in legal
proceedings and that his/her privacy is protected;

(f) Provide care, recovery and reintegration for
victims;

(g) Train teachers, law-enforcement officials,
care workers, judges and health professionals in the identification, reporting
and management of cases of ill-treatment;

(h) Seek assistance from, among others, UNICEF
and WHO.

Domestic violence

47. Like the Committee on the Elimination of
Discrimination against Women and the Human Rights Committee, the Committee
expresses concern about the prevalence of violence against women, particularly
domestic violence, and that this has harmful consequences on children.

48. The
Committee recommends that the State party:

(a) Take effective measures to implement the
Committee on the Elimination of Discrimination against Women's general
recommendation 19 on violence against women;

(b) Give attention to addressing and overcoming
socio-cultural barriers that inhibit victims from seeking assistance;

(c) Undertake training on gender issues for all
public officials, in particular law-enforcement officials and the judiciary,
local government and mahallyas
officials.

6. Basic health and
welfare

49. While noting efforts to strengthen the
primary health sector, the Committee is nevertheless concerned at the
deterioration in the health of the most vulnerable groups, especially women and
children, and in particular at:

The high infant mortality rates;

The high under-five mortality rates;

The high maternal mortality rates;

The high incidence of infectious diseases, such
as tuberculosis, despite high rates of immunization;

The fact that accidents and injuries are a main
cause of mortality and morbidity among children and that children in rural and
disadvantaged regions, such as Karakalpakstan and Khorezm, suffer the
most.

50. The
Committee recommends that the State party:

(a) Ensure that its commitment to primary health
care is met by adequate allocation of human and financial resources, and that
all children, especially from the most vulnerable groups, have access to health
care;

(b) Continue and strengthen implementation of
the WHO Promoting Effective Perinatal Care strategy, to address high maternal,
infant and child mortality;

(c) Ensure full implementation of the Integrated
Management of Childhood Illnesses strategy;

(d) Implement WHO recommendations and
guidelines, such as "Essential newborn care and breastfeeding", "First action
plan for food and nutrition", and "Feeding and nutrition of infants and young
children", to address nutritional deficiencies;

(e) Implement the 2000 Amsterdam Declaration to
Stop TB and the Strategy to Roll Back Malaria in the European Region;

(f) Implement the recommendations of the WHO
report, "Childhood injuries - a priority area for the transition countries of
Central and Eastern Europe and the newly independent States";

(g) Continue to cooperate with and seek
assistance from, among others, UNICEF and WHO.

51. With regard to adolescent health, the
Committee is concerned at the increasing number of teenage pregnancies and the
consequent number of abortions among girls under 18. The Committee notes that
various factors, including cultural attitudes and lack of personal knowledge and
communication skills on the part of parents may be barriers to obtaining
accurate reproductive health information and counselling. The Committee is also
concerned at the rise in rates of STDs, particularly syphilis, gonorrhoea and
HIV/AIDs. It is also concerned with rising substance abuse and tobacco use among
adolescents.

52. The
Committee recommends that the State party:

(a) Undertake a comprehensive study to assess
the nature and extent of adolescent health problems and, with the full
participation of adolescents, use this as a basis to formulate adolescent health
policies and programmes;

(b) Ensure adolescents have access to and are
provided with education on reproductive health and other adolescent health
issues, including mental health, as well as with child-sensitive and
confidential counselling services;

(c) Consider participating in the European
Network of Health Promoting Schools;

(d) Seek assistance from, among others, UNICEF
and WHO.

53. In the light of article 24 of the
Convention, the Committee expresses its concern at problems of poor access to
safe water and food security, exposure to toxic chemicals, and other hazards
arising from the Aral Sea disaster, which negatively impact upon the health of
children in the Karalpakstan region.

54. In the
light of article 24 (c) of the Convention, the Committee recommends that the
State party take all appropriate measures, including seeking international
cooperation, to prevent and combat the damaging effects of environmental
degradation on children, including pollution and contamination of water
supplies.

Children with disabilities

55. The Committee notes the 1991 Law on Social
Protection of the Disabled and the draft programme of medical and social
rehabilitation of the disabled (2001-2005). However, it is concerned at the
prevailing poor situation of children with disabilities. In particular, it is
concerned at:

The practice of institutionalizing children with
disabilities;

That education is predominantly
segregated;

That access to special services such as
rehabilitation is limited and severely strained;

There is insufficient support for
families;

Information from the delegation that pregnancies
are commonly terminated when foetuses show signs of disability upon
screening.

56. The
Committee recommends that the State party:

(a) Review existing policies and practice in
relation to children with disabilities, taking due account of the Standard Rules
on the Equalization of Opportunities for Persons with Disabilities (General
Assembly resolution 48/96) and of the Committee's recommendations adopted at its
Day of general discussion on children with disabilities (CRC/C/69, para. 338);

(b) Promote alternative measures to prevent
disability;

(c) Provide early childhood care and special
education for children with disabilities;

(d) Make greater efforts to implement
alternatives to the institutionalization of children with disabilities,
including community-based rehabilitation programmes and reunification of
children with their parents;

(e) Undertake awareness campaigns which focus on
prevention, inclusive education, family care and the promotion of the rights of
children with disabilities;

(f) Give attention to combating negative
societal attitudes towards disabled children;

(g) Give adequate support, supervision and
training to persons working with these children;

(h) Seek assistance from, among others, UNICEF
and WHO.

7. Education, leisure and
cultural activities

Education

57. The Committee is concerned at:

The low level of pre-school enrolment;

Declining enrolment and high drop-out,
repetition and absenteeism rates in primary and secondary schools;

Disparities according to gender and region;

Deterioration in infrastructure;

Deterioration in the quality of education,
especially of teaching and the curricula.

58. The
Committee recommends that the State party, taking due account of the Committee's
General Comment No. 1 on the aims of education:

(a) Undertake greater efforts to allocate the
required human and financial resources to, inter alia,
improve infrastructure, expand the provision of learning materials and supplies
and improve teachers' salaries;

(b) Revise the school curricula to reflect a
child-centred, active-learning approach;

(c) Promote the importance of early childhood
care and development programmes, especially among low-income households, and
stimulate informal community pre-school schemes in this regard;

(d) Promote the participation of parents and
communities, especially ethnic minorities, in school governance, to improve
enrolment rates and monitor the quality of education;

(e) Introduce human rights, including the
Convention, into the school curricula, including at the primary school
level;

(f) Seek assistance from, among others, UNICEF
and UNESCO.

8. Special measures of
protection

Refugees and displaced persons

59. In accordance with article 23 of the
Constitution, which guarantees non-citizens and stateless persons rights and
freedoms in accordance with international law, the Committee welcomes the
inclusion of a chapter on refugees in the draft law on migration. However, the
Committee is concerned that there is no existing legal framework for the
protection of refugees.

60. The
Committee recommends that the State party:

(a) Ensure that the draft law conforms to
article 22 of the Convention and other international standards on the protection
of and assistance for refugee children, expedite its promulgation and ensure its
effective implementation;

(b) Consider acceding to the 1951 Convention
Relating to the Status of Refugees, its 1967 Protocol, and the 1954 and 1961
Conventions on statelessness;

(c) Continue and strengthen its cooperation with
UNHCR.

Armed conflict

61. The Committee expresses its concern at the
negative impact on children of reported military operations in the country (for
example, in the Surkhandarya region, which involved the relocation of villagers,
and the mining of Uzbek-Tajik border areas).

62. In the
light of article 38 and other relevant articles of the Convention, the Committee
recommends that the State party:

(a) At all times ensure respect for human rights
and humanitarian law aimed at the protection and care of children affected by
armed conflict;

(b) Provide physical rehabilitation and
psychological recovery measures for these children.

Street children

63. The Committee notes that the negative
effects of the current economic crisis and consequent deterioration in the
family environment have resulted in an increasing number of street children in
Tashkent and other cities.

64. The
Committee recommends that the State Party:

(a) Take effective measures to ensure that
street children are provided with adequate nutrition, clothing, housing, health
care and educational opportunities, including vocational and life-skills
training in order to support their full development;

(b) Ensure that street children are provided
with recovery and reintegrative services for physical, sexual and substance
abuse, and services for reconciliation with their families;

(c) Undertake a study on the causes and scope of
the phenomenon and establish a comprehensive strategy in cooperation with civil
society with the aim of preventing and reducing this phenomenon;

(d) Seek assistance from, among others,
UNICEF.

Economic exploitation

65. The Committee is concerned at the
insufficient information on children who work, including in the informal sector,
such as in agriculture. It is also concerned that children involved in cotton
harvesting may be at risk of exposure to hazardous work conditions.

66. The
Committee recommends that the State party:

(a) Undertake a national survey on the causes
and extent of child labour;

(b) Establish a minimum age for admission to
employment, in accordance with the principles and provisions of the Convention,
that is, in conformity with the age for completion of education, and ensure that
it is enforced. Employers should be required to have, and to produce on demand,
proof of the age of all children working on their premises;

(c) Establish a mechanism to monitor the
implementation of standards which is empowered to receive and address complaints
of violations;

(d) Carry out campaigns to inform and sensitize
the general public, especially parents and children, of work hazards;

(e) Consider ratification of ILO Conventions No.
138 on the minimum age for admission to employment, and No. 182 on the worst
forms of child labour;

(f) Seek assistance from ILO.

Sexual exploitation

67. The Committee is concerned at the
insufficient data and awareness concerning the phenomenon of sexual exploitation
of children in Uzbekistan.

68. The
Committee recommends that the State party:

(a) Undertake a national study on the nature and
extent of sexual exploitation of children (i.e. sale of children, child
prostitution and child pornography) and that disaggregated data be compiled and
kept up to date to serve as a basis for designing measures and evaluating
progress in this area;

(b) Review its legislation and ensure that it
criminalizes the sexual exploitation of children, is gender neutral and
penalizes all offenders involved, whether local or foreign, while ensuring that
the child victims are not penalized;

(c) Ensure that legal procedures are simplified
so that responses are appropriate, timely and sensitive to victims;

(d) Establish recovery and social reintegration
programmes for child victims;

(e) Train personnel working with child
victims;

(f) Carry out awareness-raising campaigns to
sensitize and mobilize the general public on the child's right to physical and
mental integrity and safety from sexual exploitation.

Administration of juvenile justice

69. The Committee is concerned about
insufficient information in the area of juvenile justice, and it is particularly
concerned about:

Children arrested and held in custody without
being able to exercise their right to a lawyer;

Children subjected to ill-treatment and unlawful
investigative methods;

The length of pre-trial detention;

Conditions in detention centres and penal
colonies in Uzbekistan;

Treatment in special schools for juveniles (for
example, the Special School for Girls No. 4, Kokand).

70. The
Committee recommends that the State party:

(a) Establish a minimum age of criminal
responsibility in accordance with the principles and provisions of the
Convention;

(b) Ensure that the criminal justice system
fully integrates into its legislation and practice the provisions of the
Convention, in particular articles 37, 40 and 39, as well as other relevant
international standards in this area, such as the Beijing Rules, the Riyadh
Guidelines, the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty and the Vienna Guidelines for Action on Children in the Criminal
Justice System;

(c) Ensure that children are not arbitrarily
arrested, that deprivation of liberty is only used as a measure of last resort,
for the shortest possible time, is authorized by the court and that persons
under 18 are not detained with adults;

(d) Ensure that children have access to legal
aid and independent and effective complaints mechanisms;

(e) Consider alternative measures to deprivation
of liberty, such as probation, community service or suspended sentences;

(f) Train professionals in the area of
rehabilitation and social reintegration of children;

(g) Seek assistance from, among others, the
Office of the High Commissioner for Human Rights, the Centre for International
Crime Prevention, the International Network on Juvenile Justice and UNICEF,
through the Coordination Panel on Technical Advice and Assistance on Juvenile
Justice.

9. Optional Protocols

71. The
Committee encourages the State party to ratify the Optional Protocols to the
Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography, and on the involvement of children in armed
conflict.

10. Dissemination of the
reports

72. Finally,
the Committee recommends that in accordance with article 44, paragraph 6, of the
Convention, the initial report presented by the State party be made widely
available to the public at large and that consideration be given to the
publication of the report along with the written answers to the list of issues
raised by the Committee, the relevant summary records of the discussion, and the
concluding observations adopted thereon by the Committee following its
consideration of the report. Such a document should be widely distributed in
order to generate debate and awareness of the Convention and its implementation
and monitoring within the Government, the Parliament and the general public,
including concerned non-governmental organizations.

©1996-2001
Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland