Dear Foreign Minister:
We are writing to you subsequent to the violence in Andijan, eastern Uzbekistan, where possibly hundreds of demonstrators were killed by Uzbek security forces on May 13, to urge the European Union to suspend the Partnership and Cooperation Agreement (PCA) with Uzbekistan should the Uzbek government not agree to allow an independent, international inquiry into events surrounding the recent violence.
We welcome the recent conclusions from the General Affairs and External Relations Council meeting of May 23-34, in which you “strongly condemn the reported excessive, disproportionate and indiscriminate use of force by the Uzbek security forces” and urge the Uzbek government to reconsider its categorical refusal to allow an independent, international inquiry as called for by the United Nations (UN). However, we would most earnestly recommend that you put a firm deadline to the length of time that the EU is prepared to wait and that you make clear to the Uzbek authorities that non-cooperation on their part will trigger certain specific actions by the EU, as hinted at in your conclusions. We would suggest that a deadline of June 1 would give the Uzbek government ample time to comply with international recommendations in this regard, if it intends to do so.
We are also taking this opportunity to enumerate several conditions that we believe the EU should articulate and that the Uzbek government must fulfill for the PCA suspension not to be invoked, or for its subsequent lifting, as well as several recommendations for other measures to which the EU could have recourse should Uzbekistan remain uncooperative.
Human Rights Watch sent a mission to Andijan and found new evidence of government measures that prevent the public from learning the full story about the killings and the government's use of force. Currently the Uzbek authorities are trying to shut Andijan off from the world and they will succeed unless other governments insist immediately on a full international investigation.
Nearly two weeks after the unrest, Andijan residents still fear government retribution for speaking about the events. Andijan remains essentially closed to journalists and human rights investigators. In numerous cases, police have either forced foreign journalists in Andijan to leave or threatened them and their support staff. Police have also warned taxi drivers not to take foreign passengers to Andijan. Any traveller to the city must first pass through numerous checkpoints and undergo thorough searches.
The reported arrests of two human rights defenders also raise serious concerns about a growing crackdown against activists and others in the wake of events in Andijan. Of additional concern, as regards anyone detained in Uzbekistan, is the Uzbek government’s long-standing record of torture, ill-treatment and serious human rights abuses against detainees as well as harsh treatment of human rights activists and political opponents.
Need for Accountability - Independent International Inquiry
According to UN Secretary General, Kofi Annan, President Karimov has stated that “he did not need an international team to establish the facts” (BBC News, 20.05.05). We do not concur. We welcome the fact that both the EU and the US have supported the UN call for an independent, international inquiry into the May 13 events.
The Uzbek Parliament has recently announced that it will set up an independent inquiry into the events in Andijan. However, the Uzbek parliamentary inquiry would undoubtedly fall far short of what is needed for three main reasons: the parliament is under direct presidential and government control; the Uzbek authorities have a history of a lack of transparency and failed accountability when investigating law enforcement misconduct; and finally, all current indications show no willingness to deal forthrightly with the May 13 violence.
The importance of a truly independent, international inquiry should not be underestimated. Not only will it serve to establish, as closely as possible, the facts surrounding the violence in Andijan and assess the responsibility of all parties fairly and objectively, but it will also begin to address the culture of impunity that reigns in Uzbekistan under President Karimov’s rule. Furthermore, the knowledge that an inquiry will take place could serve as a deterrent to further state violence. We are increasingly concerned that there could be further outbreaks of violence when the 20-day mourning period has passed, in early June.
Similarly, the urgency for the establishment of this international inquiry should not be underestimated. Evidence is disappearing, and perhaps even being made to disappear, with every day that passes. The centre of the town of Andijan is closed and access is generally very restricted. Human Rights Watch research has revealed that residents are forbidden by local law enforcement officers from talking to foreigners or to journalists, while at least one cemetery is under constant surveillance. Taking all this together, it is reasonable to conclude that the government is trying to cover up recent events.
The inquiry should be set up by the UN Office of the High Commissioner for Human Rights (UN OHCHR) and should be composed of international experts with experience in conducting investigations and gathering evidence. Forensic, crime scene and ballistic experts should be included in the team. This team should ensure the appropriate gathering and preservation of evidence. It will be crucial to identify the perpetrators, and thus the role of authorities in the killing of unarmed civilians, if accountability is to occur. The international inquiry must be granted full, unhindered access to all parts of Andijan and that this should form part of the EU’s requirements in order to lift, or not invoke, the suspension of the PCA.
Recommendations
The Uzbek government has failed to meet even its most basic obligations under the PCA’s human rights and democracy clause, as we pointed out in our letter of January 21 of this year before the Partnership and Cooperation Council meeting on February 1. Despite this the EU, in its statement after the Council meeting, did not even express its sincere concerns or condemn the lack of improvement in respect for human rights in Uzbekistan.
We now strongly urge the EU to persuade Uzbekistan to accept an international inquiry into the May 13 violence, and to make clear its intention to suspend the PCA by June 1, citing the human rights and democracy clause of the Agreement, if the Uzbek government has not agreed to the inquiry by that date.
The EU should also insist that Uzbekistan take the following additional measures:
- Invite the UN Special Rapporteur on extra-judicial executions, Mr. Philip Alston, to Uzbekistan to undertake a fact-finding visit.
- Invite the UN Working Group on arbitrary detention to undertake a fact-finding mission.
- Permit the deployment of a substantial mission of OSCE monitors to the Ferghana Valley to observe and report back, as well as to act as a supplementary deterrent against possible violent crackdowns in the event of renewed dissent.
- Grant immediate and unimpeded access to humanitarian agencies, human rights organizations and other relevant international organizations.
- Ensure a transparent accountability process for those who are proved to have ordered and used excessive and indiscriminate force.
- Provide information such as names, whereabouts and possible charges against persons detained and arrested in the context of the May 13 unrest.
Recognizing that suspension of the PCA alone may not be sufficient to ensure cooperation by the Uzbek authorities, we urge the EU to explore other avenues such as the EBRD, and work with its allies, particularly the United States, to urgently address the crisis in Uzbekistan. In particular we recommend:
- Political pressure: Individual EU Member States should bring pressure to bear on the Uzbek government in any way they can they can to ensure Uzbekistan’s cooperation and a fully transparent accountability process for the abuses committed.
- EBRD: In March 2004, the EBRD unanimously decided to suspend direct government lending to Uzbekistan owing to its failure to meet specific human rights and economic benchmarks. We would highlight the desirability of now establishing a vetting mechanism for the EBRD's complete portfolio, with a priority on identifying those projects in which the government or particular government officials have a stake in order to suspend assistance in those projects. Given the EU Member States’ position as majority stakeholders in the EBRD, this would be achievable.
- Arms Embargo: we urge the EU, pending an independent inquiry into the violence, to consider putting in place an arms embargo, similar to the one introduced on China, following the military crackdown by Chinese government security forces in Tiananmen Square in 1989.
- NATO: we will be recommending that NATO suspend Uzbekistan’s participation in the Partnership for Peace programme.
US airbase in southern Uzbekistan
The US and Uzbek governments have been discussing a formal, long-term agreement that would allow the United States to maintain its military base in southern Uzbekistan. The United States currently uses the Uzbek base rent-free; a formal arrangement would provide the Uzbek government considerably greater financial benefits. In July 2004, the US government cut most direct government-to-government assistance, including military aid, to Uzbekistan because of the country's poor human rights record. The US Defence Department, however, has continued to provide some counter-terrorism assistance to Uzbekistan. Under US law, this aid would have to be suspended if the units receiving it were found to have participated in gross human rights violations, such as any unlawful killings in Andijan.
We welcome the US’ recent announcement that it is scaling back the use of its airbase in southern Uzbekistan. However, we have called on the US administration to suspend any further negotiations regarding a long-term agreement, and to consider other alternatives in the region. We urge the EU also to raise this possibility during the upcoming EU-US ministerial meeting in Washington on
June 2.
Protection and non-refoulement of refugees in Kyrgyzstan
Despite initial assurances that no refugees crossing the border from Uzbekistan into Kyrgyzstan would be returned, we are now concerned by the fact that on May 25 the governor of Jalalabad province held a public meeting at which he said that he would not allow Uzbek refugees to stay in the province and exhibited a clearly hostile attitude towards the presence of the refugees. Even if these statements do not echo those of the central government they are alarming.
It is crucial to remind the Kyrgyz government and local authorities of Kyrgyzstan’s obligations under international law regarding refoulement of refugees and of the likelihood of ill-treatment and even torture of any refugees forced to return.
Furthermore, Human Rights Watch’s researcher on the ground has reported that the refugees appear to be treated as prisoners by the Kyrgyz security forces (SNB) in charge of the camp and are not allowed to enter or leave the camp freely. The refugees are apparently kept under guard by order of the governor of Jalalabad, on the grounds that he does not know whether they are Islamic militants, criminals or innocent citizens. The governor has requested information about the refugees from the Uzbek authorities, suggesting that he may even have sent the Uzbeks a list of names. This clearly has worrying implications for the refugees’ families left in Uzbekistan.
It is to be hoped that the camp at Barash, which is on the border between the two countries, will soon be moved deeper into Kyrgyzstan in order to afford greater protection to the approximately 500 refugees. However, such efforts have in no way been finalised and one possible new site has recently been rejected as unsuitable by the UN High Commissioner for Refugees.
Recommendations
We urge the EU to:
- Demarche the Kyrgyz government and local authorities to impress upon them the need to keep the border open and prevent all refoulement of refugees, as well as to remind them of their obligations under the 1951 UN Convention on Refugees.
- Urge the Kyrgyz government to inform all provincial governors of their obligations under international law to allow the refugees to stay on Kyrgyz territory as long as necessary.
- Encourage and support the Kyrgyz government in its efforts to help the Uzbek refugees, especially given the intense pressure Kyrgyzstan is likely to come under from Uzbekistan. Urge the Kyrgyz authorities not to share information about refugees with the Uzbek authorities.
- Provide infrastructure support to Kyrgyzstan to meet the needs of all asylum seekers and refugees.
Humanitarian Assistance
We would urge the EU to rapidly provide humanitarian assistance in close cooperation with the UN agencies and other international organisations. This should not, however, be linked to the PCA, as suggested in the last paragraph of the GAERC conclusions, but provided independently and directly by the European Commission.
In conclusion we urge the EU to at last take a firm stance on the abuses committed by the Uzbek authorities in their constant repression of the most elemental human rights, most particularly in light of the killing of unarmed civilians in Andijan. The EU should make clear that it will not tolerate such a contravention of fundamental international principles by, at the very least, suspending the Partnership and Cooperation Agreement it has with Uzbekistan. Waiting could again prove fatal.
We thank you for your attention to this extremely serious matter.
Sincerely,
Holly Cartner
Executive Director
Europe and Central Asia Division
Lotte Leicht
Brussels Director
