The findings of this study strongly suggest that the
unconstitutional and illegal expropriation of private
homes and farms by the state, enacted by the executive
and enabled by a compromised court system, is a
systemic and systematic problem that has tainted
this redistribution of land.
Because the compulsory acquisition of privately held
real property, along with associated forced evictions,
are organised by the state in order to facilitate private,
commercially oriented developments, the state
appears to be in in gross violation of its international
human rights obligations2 with respect to ‘the human
rights to adequate housing, food, water, health,
education, work, security of the person, security of the
home, freedom from cruel, inhuman and degrading
treatment, and freedom of movement’.3
Although these egregious abuses have been
systematically brought to the attention of the president
and national accountability bodies, no substantive
action has been taken to address these abuses.
Therefore, this report concludes that these violations
potentially constitute egregious abuse of fundamental
human rights by state officials in pursuit of formal or
informal government policy.3
The principal victim of these abuses are homeowners
and farmers who face compulsory acquisition of their
property and forced eviction.4 These abuses formally
begin with government decisions known as decrees,
which compulsorily acquire landed property in violation
of private property rights.5 In the case of homeowners,
these decrees are explicitly issued to facilitate private
real estate developments, while in the case of farmers
the land is more commonly absorbed into a central
land fund and then redistributed to agro-industry.
These improper decrees precipitate further coercive
action by state agencies, and frequently corporate
developers, in order to forcefully evict homeowners
and farmers. While government decrees ordinarily
require that private developers compensate homeowners
for the value of their property, this, in effect, constitutes
a state-coerced sale in violation of residents’ private
property rights and fundamental market freedoms,
with homeowners frequently arguing that the
compensation offered is below market value. In the
case of farmers, victims interviewed for this project
claim they have not been compensated for their loss.
6 A False Sense of Legality
In some of the case studies examined in this report,
victims received notional support from the Ministry
of Justice, Prosecutor General’s Office and the
Human Rights Ombudsman, who in letters and
communications affirm the legislated/constitutional
private property rights of victims and the associated
illegality of the state’s actions. However, when victims
have sufficient resources to seek the courts’ protection,
the courts in a significant majority of cases ignore both
the wording and intent of these national laws and
constitutional protections, validating what appears to
be illegal, government-directed compulsory acquisitions
of property. The courts also use questionable methods
to dismiss cases on technical grounds without the
need to consider substantive legal issues, particularly
in judicial review cases that question the legality of
government decrees.
Unlawful government decrees together with supportive
court judgements generate a veneer of legitimacy
that obscures the serious improper content of these
compulsory acquisitions and eviction exercises.
These findings demand urgent redress, including
an immediate moratorium on all compulsory and
voluntary acquisitions of property by the Uzbekistani
state until:
(a) an immediate and large-scale public inquiry has
been concluded that remediates victims and holds
state officials to account;
(b) an international human rights stakeholder forum
has been convened that can build a human rights
compliant reform roadmap for addressing the abuses
documented in this report and elsewhere; and
(c) the roadmap of significant human rights reform
has been completed.
A summary of the research findings will now be
presented. In Part II of this report, five case studies will
be presented on compulsory acquisitions and forced
evictions. These case studies have been produced
drawing on data collected by human rights monitors.
In Part III, the risks evident in the data will be summarised
and a set of actions will be proposed, which will require
support from the private sector, civil society and the
international community, to address the systematic
abuses documented in the study.