The Eurasian Coalition on Health, Rights, Gender, and Sexual Diversity (ECOM) has presented a report on violations of the rights of LGBT people and MSM in Uzbekistan for 2023. The document, based on data collected over the years and legal analysis, reveals a shocking picture of the violence and impunity faced by LGBT people in the country. VirusOff shares the main findings and recommendations of the ECOM experts presented in this report.
ECOM documented 191 cases of rights violations against LGBT people in Uzbekistan for the year 2023. Blackmail, extortion, threats, beatings, and forced disclosure of sexual orientation (outing) were among the most common forms of rights violations.
Despite its international obligations, Uzbekistan does not provide adequate protection of the rights of LGBT people. The country remains one of only two in the region to criminalize consensual homosexual relations between adult males. In 2023, 22 criminal cases were filed under the article related to “sodomy.”
“The very fact that a country’s legislation criminalizes consensual sexual relations between adults of the same sex is recognized by international bodies as a violation of several human rights: the right not to be discriminated against, the right to privacy, and the right to liberty and security of person,” comments Elvira Tilek, ECOM’s human rights coordinator. She adds that this norm contributes to numerous other violations, such as hate crimes, torture, and ill-treatment by law enforcement agencies, as well as impunity for perpetrators.
One in three cases of violations of the rights of LGBT people recorded by ECOM is related to the actions of law enforcement officials. Often their motivation is not so much related to legal prosecution, but rather to blackmail and extortion under the threat of imprisonment or disclosure of sexual orientation. Police also force homosexual and bisexual men to cooperate in finding other men for further extortion.
In one reported case, a young man was summoned to the police where he was presented with compromising material collected by a bogus law enforcement officer. The guy was tortured with a stun gun and forced to become an informant and provide information about other LGBT people.
Uzbekistan’s HIV legislation also promotes discrimination by requiring men living with HIV to disclose information about their sexual partners to state services. Concealing the “source of infection” is considered an offense.
Although the Constitution of Uzbekistan guarantees equal rights for all citizens, LGBT people in practice face discrimination and violence from state authorities. The legislation does not explicitly prohibit discrimination on the grounds of sexual orientation and gender identity.
ECOM has made several recommendations to the Government of Uzbekistan to improve the situation and protect the rights of LGBT people, including:
– The repeal of Article 120 of the Criminal Code, which criminalizes homosexual relations between men, or a moratorium on its application.
– Adoption of legislation to prohibit discrimination on the grounds of sexual orientation and gender identity.
– Expanding legislation on domestic violence to include sexual orientation and gender identity (SOGI).
– Ensuring that free medical, legal, and psychological assistance is available to LGBT people.
– Introducing the concept of “hate crime” in the Criminal Code, including sexual orientation and gender identity as protected characteristics.
– Guaranteeing freedom of operation for non-governmental organizations (NGOs) and activists defending the rights of LGBT people.
– Fully implementing the recommendations of UN committees related to sexual orientation and gender identity, in line with Uzbekistan’s international obligations.
The full version of the report is available on the ECOM website.