Volume 04 Issue 09-2024
40
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
04
ISSUE
09
P
AGES
:
40-48
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article explores the phenomenon of human trafficking in Uzbekistan, examining the socio-economic and political
factors contributing to its prevalence. It provides a comprehensive analysis of the stages in the formation of the
national system designed to combat human trafficking, detailing the development of legal frameworks, institutional
mechanisms, and preventive measures. The study highlights the challenges faced in implementing effective anti-
trafficking strategies and the progress achieved over the years. By assessing the efficacy of current policies and
practices, the article aims to offer recommendations for strengthening Uzbekistan's approach to combating human
trafficking and improving the protection of victims.
KEYWORDS
Human trafficking, uzbekistan, anti-trafficking measure, legal, framework, institutional mechanisms, victim
protection.
INTRODUCTION
Although the phenomenon of "human trafficking" is an
ancient concept, it was not studied as a separate type
of crime in the former Soviet Union or later in the
Republic of Uzbekistan, which gained independence
after separating from the Union. Despite the fact that
it occurred in one form or another throughout the
entire existence of the USSR, it was ideologically
denied.
After gaining independence in 1991, the first Criminal
Code of the Republic of Uzbekistan was adopted in
1995. This code did not specifically address the crime of
"human trafficking." It only mentioned "recruitment of
persons for exploitation" under Article 135. However,
this does not mean that the phenomenon of human
trafficking did not exist in Uzbekistan. Social and
economic problems, a sharp decline in the standard of
living, and a low level of legal awareness among the
Research Article
THE PHENOMENON OF "HUMAN TRAFFICKING" IN UZBEKISTAN AND
THE STAGES OF FORMATION OF THE SYSTEM TO COMBAT IT
Submission Date:
Sep 20, 2024,
Accepted Date:
Sep 25, 2024,
Published Date:
Sep 30, 2024
Crossref doi:
https://doi.org/10.37547/ijhps/Volume04Issue09-09
Farxodova Ziyoda Farxod qizi
Doctoral student of Family and Gender Scientific Research Institute, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijhps
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 09-2024
41
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
04
ISSUE
09
P
AGES
:
40-48
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
population turned Uzbekistan into a source country in
the global human trafficking network. This was
especially influenced by the steady increase in the
number of vulnerable citizens with low legal
awareness, lack of protection, and poor economic
conditions, who were seeking employment abroad.
By the beginning of the 21st century, the issue of
human trafficking began to be recognized at the state
and government levels in Uzbekistan as well. In 2008,
amendments were made to the Criminal Code of the
Republic of Uzbekistan, and for the first time, the
concept of "human trafficking" was officially defined
under the aforementioned Article 135. According to
this definition, "human trafficking" in Uzbekistan is
understood as "the buying and selling of a person or
the recruitment, transportation, transfer, harboring, or
receipt of a person for the purpose of exploitation."
Additionally, on April 17, 2008, the Law of the Republic
of Uzbekistan "On Combating Human Trafficking" was
adopted, which provided specific definitions for
important concepts such as "combating human
trafficking," "human trafficking," and "a person
engaged in human trafficking." According to Article 3
of this Law, "human trafficking" is defined as the
recruitment, transportation, transfer, harboring, or
receipt of persons for the purpose of exploitation
through the threat or use of force or other forms of
coercion, abduction, fraud, deception, abuse of power,
or exploitation of a position of vulnerability, or by
giving or receiving payments or benefits to obtain the
consent of a person having control over another
person. Exploitation of persons includes the
exploitation of others for prostitution or other forms
of sexual exploitation, forced labor or services, slavery
or practices similar to slavery, servitude, or the removal
of organs or tissues.
According to this law, institutions responsible for
combating human trafficking, preventing it, and
working with victims were designated in Uzbekistan,
and the coordination of their activities was assigned to
the Interdepartmental Commission. The National
Commission was also required to regulate the activities
of regional commissions established in the Republic of
Karakalpakstan, the city of Tashkent, and the
provinces.
To improve the activities of combating human
trafficking in the Republic of Uzbekistan and in
accordance with the Law "On Combating Human
Trafficking," the President of the Republic of
Uzbekistan issued Decree No. 911 "On Measures to
Increase the Effectiveness of Combating Human
Trafficking" on July 8, 2008. The decree approved the
"National Action Plan for Increasing the Effectiveness
of Combating Human Trafficking for 2008-2010," the
"Composition of the Interdepartmental Commission of
the Republic on Combating Human Trafficking," and
the
"Regulations
on
the
Interdepartmental
Commission of the Republic on Combating Human
Trafficking."
The Resolution No. 240 of the Cabinet of Ministers of
the Republic of Uzbekistan, adopted on November 5,
2008, "On the Establishment of the Republican
Rehabilitation Center for Providing Assistance to
Victims of Human Trafficking," finalized the system
aimed at preventing human trafficking crimes,
combating them, and eliminating their consequences
in our country. Under this resolution, the "Republican
Rehabilitation Center for Providing Assistance and
Protection to Victims of Human Trafficking" was
established under the Ministry of Labor and Social
Protection of the Population, with the following tasks
assigned to it:
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OCLC
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Publisher:
Oscar Publishing Services
Servi
-
providing victims of human trafficking with
comfortable living conditions, personal hygiene
facilities, as well as food, medicines, and medical
supplies;
-
providing urgent medical, psychological, social,
legal, and other forms of assistance to victims of
human trafficking;
-
ensuring the safety of victims of human
trafficking;
-
assisting victims of human trafficking in
establishing communication with their relatives;
-
providing information to victims of human
trafficking, their relatives, and guardians about the
rights and legal interests of the victims;
-
assisting in the social rehabilitation of victims
of human trafficking.
During 2008, the system created in Uzbekistan for
reducing human trafficking crimes, preventing them,
and rehabilitating the victims took on the form of a
comprehensive system, as depicted in Figure 1.
Figure 1
The System for Combating Human Trafficking, Preventing It, and Rehabilitating Victims
in Uzbekistan
Ensured full employment and monitored their
ability to achieve self-sufficiency.
Ministry of Labor and Social
Protection
Ensured the full restoration of social
relationships and prevented the victim from
becoming a victim again. амалга ошириб
келган
Local Authorities
-
Identified the crime, conducted the
investigation, and referred the case to
court;
-
Sent victims to the Republican
Rehabilitation Center.
Ministry of Internal Affairs
Rehabilitation
Center
The victim remained under the
Center's supervision until all
their medical, psychological, or
social issues were resolved.
Led the Republican Commission and
oversaw the entire system.
Office of the Prosecutor
General
Received victims and carried out
their medical, psychological, and
social rehabilitation.
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International Journal Of History And Political Sciences
(ISSN
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
Over the 10 years following 2008, the Center
rehabilitated 3,998 individuals, integrating them into
social life.
On February 8, 2021, the Cabinet of Ministers of the
Republic of Uzbekistan adopted a Resolution based on
the "Law on Combating Human Trafficking" of the
Republic of Uzbekistan, titled "On Approving the
National Referral System for Persons Who Are Victims
of Human Trafficking or Suspected to Be Victims of
Human Trafficking."
According to this resolution, the roles and
responsibilities of the bodies and organizations
involved in the identification and referral of persons
who are victims of human trafficking or suspected to
be victims are specified. It also outlines the procedures
for identification, referral, and ensuring the
confidentiality of personal information for such
individuals.
In addition, according to Appendix 2 of the resolution,
a regulation on the social rehabilitation and integration
of victims of human trafficking, including minors, was
approved. This regulation also outlines the plan for
individual work with these individuals, assistance with
their adaptation, and the protection procedures for
victims of human trafficking.
According to Appendix 1 of the resolution, the
identification and referral activities for individuals who
are victims of human trafficking or suspected to be
victims will be carried out by state authorities and their
regional divisions in cooperation with self-government
bodies, non-governmental non-profit organizations,
and other civil society institutions. All individuals will
receive care regardless of their language, religion,
nationality, or citizenship.
The Ministry of Internal Affairs of the Republic of
Uzbekistan, the Office of the Prosecutor General, the
State Security Service, the Ministry of Employment and
Labor Relations, the Ministry of Foreign Affairs,
diplomatic missions and consular institutions abroad,
and the Ministry of Health are considered the state
bodies and their regional divisions responsible for
carrying out initial identification directly. These
organizations will also...
-
receives, registers, and reviews applications,
reports, and other information related to human
trafficking crimes and offenses;
-
collects, analyzes, organizes identification, and
refers individuals who are victims of human trafficking
or suspected to be victims based on the received
applications;
Final identification is carried out collegially by the
Regional Commission on Combating Human Trafficking
and Forced Labor.
In addition, the Ministry of Internal Affairs of the
Republic of Uzbekistan, the State Security Service, and
the Ministry of Employment and Labor Relations
implement social programs and projects aimed at
identifying individuals who are at risk of human
trafficking and related crimes, including those
suspected of being victims of human trafficking.
Furthermore, the Ministry of Internal Affairs of the
Republic of Uzbekistan, within its authority:
-
collaborates with organizations involved in
financial transactions or other assets to conduct the
initial identification of individuals suspected of being
victims of human trafficking;
-
organizes training seminars and workshops to
enhance the skills of specialists from state authorities,
Volume 04 Issue 09-2024
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International Journal Of History And Political Sciences
(ISSN
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VOLUME
04
ISSUE
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P
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:
40-48
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
self-government bodies, non-governmental non-profit
organizations, and other civil society institutions
involved in the identification and referral processes.
This training focuses on methods and criteria for
identifying and confirming individuals suspected of
being victims of human trafficking;
The Office of the Prosecutor General of the Republic of
Uzbekistan, within its authority:
-
monitors the implementation of laws by
ministries,
state
committees,
agencies,
self-
government bodies, public organizations, enterprises,
institutions, organizations, local authorities, and other
officials involved in the identification and referral
activities of individuals suspected of being victims of
human trafficking;
-
oversees the execution of actions aimed at
ensuring the rights and freedoms of individuals who
are victims of human trafficking or suspected to be
victims, as specified in the Law.
During the process of identification and
referral, self-government bodies, non-governmental
non-profit organizations, and other civil society
institutions are responsible for:
-
participating in and assisting with the initial and
final identification and referral conducted by
authorized state bodies;
-
promptly notifying authorized state bodies
when information about such individuals is received,
and participating in initial and final identification and
referral processes;
-
carrying out public oversight during the
identification and referral stages;
-
participating in the implementation of social
programs and projects aimed at identifying individuals
who are at risk of human trafficking or suspected to be
victims of human trafficking.
The initial identification process is carried out in a
specially equipped room of the state div conducting
this activity, individually with each person in a secure
environment, and is performed with the individual's
consent after their basic needs are met.
Additionally, an individual suspected of being a victim
of human trafficking:
-
receive medical assistance;
-
receive psychological support;
-
obtain legal advice;
-
access temporary accommodation (shelter);
-
establish contact with close relatives;
-
have the right to use translation services free
of charge.
At the end of the interview, the specialist analyzes the
information obtained from the person presumed to be
a victim of human trafficking and collects an
application for the assistance specified in the Law.
A person identified as a victim of human trafficking has
the right to social rehabilitation and adaptation.
The process of referral for a person presumed to be a
victim of human trafficking is carried out to provide
necessary assistance, protection, and rehabilitation.
In specialized institutions, the right to emergency
medical assistance, psychological support, legal
advice, social assistance, free translation services,
Volume 04 Issue 09-2024
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International Journal Of History And Political Sciences
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VOLUME
04
ISSUE
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P
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:
40-48
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
temporary accommodation, and assistance in
establishing contact with close relatives is ensured.
When identifying a minor as a victim of human
trafficking or presumed to be a victim, the specialist
informs the Commission on Children’s Affairs to ensure
the rights specified in the Law of the Republic of
Uzbekistan on "Guarantees of Children's Rights."
In the identification and referral of minors presumed to
be victims of human trafficking or actual victims, the
following are ensured:
-
ensuring
the
safety,
integrity,
and
confidentiality of the correspondence of minors;
-
protection from all forms of exploitation and
violence, including physical, psychological, and sexual
violence, torture, or other forms of inhumane, cruel, or
degrading treatment, as well as from being coerced
into unlawful and antisocial activities;
-
the involvement of a translator, educator or
psychologist, social worker, and also a legal
representative;
-
the participation of the minor's parents or
guardians.
Interviews with minors who are victims or suspected
victims of human trafficking abroad are conducted via
remote video communication channels and they are
brought back to the Republic of Uzbekistan under
government sponsorship.
The specialist who performs the initial identification, in
cooperation with other competent state authorities,
will take measures to search f
or the minor’s family or
establish guardianship or custody.
The interview is conducted by a specialist of the same
gender, taking into account the minor’s gender, age,
and other specific characteristics.
If a minor refuses the participation of their parents or
guardians, the presence of an inspector for the
prevention of neglect and misconduct among minors
and a psychologist is ensured.
Personal information about individuals suspected or
confirmed to be victims of human trafficking is
considered confidential, and the following entities are
responsible for ensuring the confidentiality of this
information:
-
state Authorities Involved in Identification,
Referrals, and Providing Social Assistance: Agencies
responsible for identifying, referring, and providing
social assistance to individuals who are victims of
human trafficking during the identification and
interview process.
-
self-Governance Bodies, Non-Governmental
Non-Profit Organizations, and Other Civil Society
Institutions: Entities involved in the process, including
self-governance bodies, NGOs, and other institutions
within civil society.
-
international Organizations: Organizations
operating at an international level that may be involved
in the process.
-
specialized Institutions: Institutions specialized
in this area, regardless of their organizational-legal
form or departmental subordination.
Ensuring Confidentiality: From the moment the
specialist begins the interview, they must ensure the
confidentiality of personal information regarding
individuals who are identified as victims of human
trafficking or suspected victims.
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International Journal Of History And Political Sciences
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04
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Transfer of Personal Data: The transfer of personal
data of individuals who are victims of human trafficking
or suspected victims to countries that do not provide
adequate protection for their rights and freedoms can
only occur under the following circumstances:
-
consent for Data Transfer: Personal data can be
transferred only with the consent of the individuals
who are victims of human trafficking.
-
protection of Vital Interests: If the transfer of
data is necessary to protect the vital interests of the
victims of human trafficking.
-
presence of Personal Data in Publicly
Accessible Information: If personal data is contained
within information that is publicly accessible.
During the identification process, if an individual is not
satisfied with the decisions made regarding them, they
have the right to appeal to the chairpersons of the
Small Commission on Combating Human Trafficking
and the Small Commission on Combating Forced Labor.
A risk assessment for individuals identified as victims of
human trafficking, as well as a safety plan and a list of
needs, will be developed by the responsible secretary
and approved by the commission's decision.
If victims of human trafficking are identified along with
their minor children, they will be provided with
temporary shelter along with their children, and the
children will also receive social rehabilitation and
adjustment services.
Measures for social rehabilitation of victims of human
trafficking will be suspended or terminated early in the
following cases:
-
when the goals of social rehabilitation have
been achieved;
-
when victims of human trafficking refuse social
rehabilitation;
-
when a substantiated decision is made that no
incidents related to human trafficking have occurred.
The main responsibilities of the entities ensuring
protection are as follows:
-
assessing risk and approving the safety plan for
persons who have been trafficked;
-
approving the list of trafficked persons;
-
assisting in the implementation of the parts of
the personal plan related to the responsibilities of
protection entities;
-
providing support in resolving issues identified
by a specialist from the competent state labor
authority and monitoring the implementation of the
personal plan.
In accordance with the Law of the Republic of
Uzbekistan "On Combating Human Trafficking" No.
УР
Қ
-633, dated August 17, 2020, a decision was made
on November 22, 2021, by the Cabinet of Ministers on
"Approval of the Regulations for Maintaining a Unified
Information Database on Crimes in the Field of Human
Trafficking" to improve the procedure for forming data
related to the fight against human trafficking.
According to this, the Ministry of Internal Affairs of the
Republic of Uzbekistan, the Ministry for the
Development of Information Technologies and
Communications, the Prosecutor General's Office, the
National Security Service, the Ministry of Employment
and Labor Relations, the Ministry of Health, and other
interested ministries and agencies are tasked with
implementing a unified information database on
crimes in the field of human trafficking, which includes
Volume 04 Issue 09-2024
47
International Journal Of History And Political Sciences
(ISSN
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2771-2222)
VOLUME
04
ISSUE
09
P
AGES
:
40-48
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the capability to enter information online into a
centralized information base within two months.
The Ministry of Internal Affairs of the Republic of
Uzbekistan, in collaboration with the Ministry for the
Development of Information Technologies and
Communications, will develop information security
software to protect the data in the unified centralized
information base from potential threats, accidental
actions, and external attacks.
In this context, the information security software must
meet the following requirements:
-
protecting data from unauthorized access;
-
maintaining a record of users accessing the
centralized information database;
-
protecting information from unauthorized
modification during storage and processing;
-
defending against viruses;
-
identifying errors and vulnerabilities in the
software configuration..
The Ministry of Internal Affairs of the Republic of
Uzbekistan is responsible for managing the centralized
information database.
The fundamental principles for recording information
related to human trafficking in the centralized
information database include legality, integrity,
reliability, comparability, use within the scope defined
by legislation, and the necessity and uniformity of
record-keeping.
Information in the centralized database is considered
restricted information, accessible only to authorized
officials of relevant agencies, and it cannot be
disclosed to unauthorized parties.
As seen from the above, the system for preventing
human trafficking, combating it, and reintegrating
victims in Uzbekistan has passed through three
important stages, as depicted in Figure 2.
Figure 2.
Hierarchy of the System for Preventing, Combatting Human Trafficking, and Reintegration of Victims in
Uzbekistan
2008-2021: The Establishment of a
Unified System for Combating Human
Trafficking and the Development of
Modern Victim Support Mechanisms
1991-2008: The Phase of Initial
Independence, Marked by the Absence of
Regulatory-Legal and Organizational
Foundations, During Which Various
Organizations Acted in an Unregulated
Manner
After 2021: Advancing to a New Stage in
Combating and Preventing Human
Trafficking with the Introduction of Modern
Technologies
Volume 04 Issue 09-2024
48
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
04
ISSUE
09
P
AGES
:
40-48
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
CONCLUSION
In summary, the fight against the abhorrent crime of
human
trafficking,
its
prevention,
and
the
reintegration of victims in Uzbekistan has undergone
complex developmental stages. Today, this system has
evolved into a sophisticated framework enriched with
modern
technologies
and
comprehensive
organizational, legal, and financial foundations.
Scientific research is also ongoing to further enhance
the system for working with trafficking victims.
Specifically, studies are focusing on which segments of
the population are most affected by this crime, the
gender characteristics of the victims, and their age and
educational backgrounds. This research provides
insights into what additional measures need to be
taken to prevent future victimization within the
population.
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Одам
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