LGBT rights in Uzbekistan

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LGBTQ rights in Uzbekistan

Uzbekistan

Status|

* Male: illegal since 1926[1] (as Uzbek SSR)
* Female: not criminalised[2][3]

Penalty| Up to 3 years imprisonment[2]
Gender identity| No
Military| No
Discrimination protections| None
Family rights
Recognition of relationships| No recognition of same-sex unions
Adoption| No

Lesbian, gay, bisexual, and transgender (LGBT) people face widespread prosecution in Uzbekistan.[4] Same-sex sexual activity between men is illegal in Uzbekistan. The punishment is up to three years in prison.[2] Uzbekistan is one of just two post-Soviet states in which male homosexual activity remains criminalised, along with Turkmenistan.[5]

Serious societal discrimination and abuse is directed towards LGBT persons, which includes mob violence, harassment, entrapment for the purpose of blackmail, and threats and use of violence. Despite the incidence of violence and intimidation, LGBT persons generally do not report these crimes to authorities for fear of further victimisation at their hands. There are reports of extortion by police, intimidation, arbitrary detention, assaults and other mistreatment of victims who have sought police assistance. Human rights violations by police also include torture, and severe beatings in detention. Vigilante attacks and mob violence, and other hate crimes, including murders, are targeted at LGBT individuals.[6]

The Uzbek government has dismissed the need for action to protect sexual minorities, with one official declaring that even if same-sex sexual activities were decriminalised, LGBT persons could not be kept safe. Community attitudes that fuel such anti-LGBT activity stem from the Uzbek "mentality", with their "religion, culture, and traditions" making "gay men and women" unacceptable in the country, according to the spokesperson.[3]

## Legality of same-sex sexual activity

[edit]

Laws criminalizing consensual same-sex sexual activity between men were enacted in the Uzbek SSR in 1926.[1] It is criminalised in present-day Uzbekistan by Article 120 of Uzbek's criminal code (1994):[2][7][8]

> Besoqolbozlik, that is, voluntary sexual intercourse of two male individuals – shall be punished with imprisonment up to three years.

> — § 120, Uzbek Penal Code 1994 (revised 2001)

## Morality laws

[edit]

Article 130 covers the distribution of pornographic materials. This provision and was strengthened in 2012:[9][10][relevant?]

> Production with a purpose of demonstration and dissemination of, as well as demonstration and dissemination of obscene objects to persons under twenty-one of age committed after imposing of administrative penalty for the same actions – shall be punished with fine from one hundred to two hundreds minimal monthly wages or correctional labor up to three years.

> — § 130, Uzbek Penal Code 1994 (amended 2001)

## Constitution of Uzbekistan

[edit]

In April 2023, the Constitution of Uzbekistan deliberately leaves out "sexual orientation" - despite all other categories explicitly being included - such as gender, race, religion and nationality.[11]

## Summary table

[edit]

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Same-sex sexual activity legal  |

* Illegal for males (Penalty: Up to 3 years in prison)
* Legal for females[2][3]

|

Equal age of consent  |
Anti-discrimination laws in employment only  |
Anti-discrimination laws in the provision of goods and services  |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)  |
Same-sex marriages  |
Recognition of same-sex couples  |
Step-child adoption by same-sex couples  |
Joint adoption by same-sex couples  |
Gays, lesbians and bisexuals allowed to serve openly in the military  |
Right to change legal gender  |
Access to IVF for lesbians  |
Commercial surrogacy for gay male couples  |
MSM allowed to donate blood  |
Conversion therapy banned  |

## See also

[edit]

* LGBTQ portal
* Uzbekistan portal

* Human rights in Uzbekistan
* LGBT rights in Asia

## References

[edit]

1. ^ a b Healey, Dan (2002). "Homosexual Existence and Existing Socialism: New Light on the Repression of Male Homosexuality in Stalin's Russia". GLQ: A Journal of Lesbian and Gay Studies. 8 (3): 349–378. doi:10.1215/10642684-8-3-349. S2CID 143578469.
2. ^ a b c d e ILGA (December 2020). State-Sponsored Homophobia: 2020 global legislation overview update (PDF) (Report). p. 139\. Archived (PDF) from the original on 15 December 2020. Retrieved 13 June 2022.
3. ^ a b c Bureau of Democracy, Human Rights, and Labor (2021). "Section 6. Discrimination and Societal Abuses". 2021 Country Reports on Human Rights Practices: Uzbekistan (Report). United States Department of State. "The law criminalizes consensual same-sex sexual conduct between men. Conviction is punishable by up to three years imprisonment. The law does not criminalize consensual same-sex sexual conduct between women."
4. ^ "Uzbekistan". Human Dignity Trust. Retrieved 5 November 2023.
5. ^ Mole, Richard C. M. (2018). "Introduction to "Soviet and Post-Soviet Sexualities"". Slavic Review. 77 (1): 1–5. doi:10.1017/slr.2018.7. ISSN 0037-6779.
6. ^ "Uzbekistan: Gay Men Face Abuse, Prison". Human Rights Watch. 23 March 2021. Retrieved 13 July 2022.
7. ^ Penal Code 1994 (amended 2001), archived from the original on 18 January 2017, retrieved 25 March 2010 - via www.legislationline.org
8. ^ "Ch 4: Sexual Crimes". Criminal Code of the Republic of Uzbekistan (1994); 2012-XII, Article 120—Besoqolbozlik (PDF). Tashkent: The Supreme Council of the Republic of Uzbekistan. 22 September 1994. pp. 37–38. Retrieved 12 August 2022.
9. ^ "Ch 5: Crimes against family, youth and morality". Criminal Code of the Republic of Uzbekistan (1994); 2012-XII, Article 130—Production and Dissemination of Obscene Objects (PDF). Tashkent: The Supreme Council of the Republic of Uzbekistan. 29 August 2001 [September 22, 1994]. pp. 39–40. Retrieved 12 August 2022.
10. ^ "Uzbekistan strengthens law to fight pornography". UzDaily.uz (in Russian and English).
11. ^ "Uzbekistan's constitutional amendment expands human rights, freedom of expression". www.aa.com.tr.

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