In 'huge step', Uzbek government criminalises domestic violence

TASHKENT -- Uzbekistan finally has a law to punish domestic violence.

The law on combating violence against women and children is the first piece of legislation in recent years that has truly been a subject of national discussion, human rights activists say.

The law signed by Uzbek President Shavkat Mirziyoyev April 11 protects the rights and freedoms of women and children and increases penalties for rapists.

"Unfortunately, until now in Uzbekistan there was no separate provision on prosecuting someone for domestic violence," Tanzila Narbayeva, chairwoman of the Uzbek senate, said in an address to the senate on April 6.

"The law stipulates the criminalisation of acts of domestic violence. It establishes liability for sexual violence and harassment of women."

The punishment for rape is now five to eight years in prison (up from three to seven years), and 8 to 10 years with aggravating circumstances (if the victim is disabled).

With severely aggravating circumstances, the maximum sentence is 15 years.

The punishment for raping someone under 14 years of age is 15 to 20 years in prison.

In addition, according to the updated laws, no parole or mitigating circumstances will apply in cases of sexual violence. This stipulation applies to offenders convicted of importing, producing and distributing child pornography.

Troubling statistics

In 2020, law enforcement recorded 156 rapes. In 2021, this number rose to 243, with minors increasingly often recorded as victims. Figures for 2022 are not yet available.

Along with these troubling statistics, there are almost-daily media reports on crimes that alarm the public.

One of the most recent cases was the rape and murder of a 12-year-old schoolgirl in Tashkent.

On February 1, volunteers found the body of the girl, who had gone missing the day before, near her home. The Prosecutor General's Office opened a criminal case for murder and rape. Police arrested a suspect.

Meanwhile in Khorezm province, it came to light in September that three underage wards of an orphanage had been coerced into having sex with local officials between May 2021 and February 2022.

In another case that shocked the public, a woman living in Tashkent on April 3 killed her three children by throwing them off the ninth floor of an apartment building and then jumped to her death.

Her husband's cruelty was a factor in the murder-suicide, according to the Prosecutor General's Office. It opened a case on the grounds of premeditated murder (by the mother) and incitement to suicide.

'A huge step for Uzbekistan'

Law enforcement agencies received more than 72,000 complaints of harassment and violence against women and girls in 2021-2022, with 85% of these violations taking place in families.

The law on combating violence against women and children is the first piece of legislation in recent years that truly has been a subject of national discussion, observers say.

The problem of domestic violence has existed for many years, but now "information has become more accessible thanks to collaborative efforts between police and the media", said Dildora Tulyaganova, a journalist based in Ankara who writes about gender-related topics.

Now reporters have started writing openly about the issue, she said.

Irina Matviyenko, founder of the anti-violence project NeMolchi.uz, expressed gratitude toward everyone who had worked on the legislation.

"It's not what we would have wanted ideally, but the adoption of the law in this form is already a huge step for Uzbekistan," said Matviyenko, who wanted harsher punishments.

The US Embassy in Uzbekistan issued a statement April 12 applauding the newly adopted legislation.

"This law is an important step toward ensuring all Uzbekistanis are able to feel safe in their communities, at work and in their homes," it said.

'We women need to be strong'

The adoption of tougher punishment for domestic violence is still only half the battle, activists say. The public needs to support and abide by these laws.

The main problem is the pervasive patriarchal mentality, said Sabokhat Rakhmonova, a journalist from Andijan who specialises in gender issues.

"Men consider themselves the ruler of the family and undisputed masters of the lives of the women and children," she said. "Even local officials view a divorced woman cynically, and look at her as a ... potential 'second wife' [mistress]."

Maksuda, 46, a middle-school teacher from Andijan province, said she endured beatings and humiliation from her husband for 15 years until she realised that if she did not divorce him, her health would collapse.

She has been divorced for eight years and is raising her two children alone.

However there are reasons some women, especially in rural areas, remain silent, she said.

First, even if an abusive husband is put in jail, the woman "will lack support from relatives and financial assistance", Maksuda said. Second, the woman will be "accused of sending her spouse to jail. And the children might hate their mother."

Nigora, 38, a journalist at an online publication in Tashkent, divorced her husband two months ago.

"[I] still haven't gotten over the stress ... of my divorce," she said.

"He used to beat me and humiliate me in front of my children," she said. "We women need to be strong and stand up for our rights."

Respecting the law

It is important to raise public awareness about the new law; otherwise, it will be nothing but words on paper, said Akida Mokhirova, a women's rights activist in Tashkent.

As an example, suppose a husband is beating his wife and children, and the wife turns to the mahalla committee (local self-governing body) or files for divorce, she said.

However, within the mahalla committee the victim must still deal with the "reconciliation commission", which has an incentive to hold down divorce numbers.

"If the number of divorces or instances of violence is going up in a specific mahalla, that will be a major negative for its leadership. They become guilty," Mokhirova said. "As a result, they're constantly trying to keep such families together."

If police or mahalla officials continue to advise a woman to stay with her husband who is beating her, the law will lose its meaning, said Firuz Allayev, the founder and director of Asaxiy.uz, a book publisher.

"If we continue to oppose divorces being sought because of domestic violence, the law won't solve this problem," he said. "So the next logical step is for spouses to arrive freely at a decision, while the court adjudicates based solely on the law."