3.1.2 Ensure justice and remedies
3.1.3 Strengthen legislation and court practice
A formal, independent investigation must be
established by the government of Uzbekistan into
the compulsory acquisition of private property from
residents and businesses as well as into “voluntary”
land lease termination of farmland. This inquiry should
at a minimum:
a) Amend articles of the 2022 law on the definition of
public need, compensation and financing to better
protect against forced evictions and corruption risks.
a) Provide remedy for evidenced forced evictions and
rights violations.
b) Compensate farmers whose land has been illegally
seized for the benefit of the private sector or through
arbitrary punitive actions by local authorities.
c) Identify and sanction state officials and judges
who have abused their powers, including through
potential criminal prosecutions.
d) Inquire into causative factors underpinning court
complicity in illicit acquisition exercises.
e) Identify priority areas for reform that address the
systemic drivers of abuse and rights violations.
b) Introduce an official commentary for judges on the
implementation of anti-forced eviction guarantees.
3.1.4 Ensure transparency and accountability
in the land redistribution process
a) Ensure prosecutorial oversight over the land
redistribution process.
b) Establish a multi-stakeholder forum that includes
government representatives, civil society
organisations specialising in housing and land rights,
national and international human rights experts,
international financial institutions, and UN agencies
such as UN Habitat and UNESCO, to develop and
advance a roadmap for policy and legal reforms
that substantively protect private property and land
rights of homeowners, businesses and farmers.
The forum should also be engaged in advancing
the policy, legal and procedural framework, for
implementing a rigorous human rights compliant
framework that protects housing rights, farmers
rights and private property rights, which ensure
that where in exceptional situations compulsory
acquisitions and evictions take place, they are in full
compliance with international human rights law.
c) Introduce an anti-corruption strategy and inquiry in
land redistribution matters.
A False Sense of Legality 61