Social:LGBTQ rights in Uzbekistan

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Template:Infobox LGBT rights

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people face widespread prosecution in Uzbekistan.[1] Same-sex sexual activity between men is illegal in Uzbekistan. The punishment is up to 3 years in prison.[2] Uzbekistan is one of just 2 post-Soviet states in which male homosexual activity remains criminalized, along with Turkmenistan.[3]

Serious societal discrimination and abuse is directed towards LGBTQ 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, LGBTQ 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 LGBTQ individuals.[4]

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, LGBTQ persons could not be kept safe. Community attitudes that fuel such anti-LGBTQ 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.[5]

Legality of same-sex sexual activity

Laws criminalizing consensual same-sex sexual activity between men were enacted in the Uzbek SSR in 1926.[6] 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

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

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)

LGBT propaganda draft law

In November 2024, Alisher Qodirov the leader of the Milliy Tiklanish party announced that he was drafting a law banning discussions of LGBTQ people. Qodirov claimed the law was inspired by statements made by Donald Trump's daughter, Ivanka Trump about "LGBT propaganda" in schools.[11]

Constitution of Uzbekistan

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.[12]

Summary table

Same-sex sexual activity legal
  • No Illegal for males (Penalty: Up to 3 years in prison)
  • Yes Legal for females[2][5]
Equal age of consent No
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays, lesbians and bisexuals allowed to serve openly in the military No
Right to change legal gender Yes Since 1998[13]
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSM allowed to donate blood Yes There are no known restrictions on men who have sex with men donating blood
Conversion therapy banned No

See also

  • Human rights in Uzbekistan
  • LGBTQ rights in Asia

References

  1. ↑ "Uzbekistan". https://www.humandignitytrust.org/country-profile/uzbekistan/. 
  2. ↑ 2.0 2.1 2.2 ILGA (December 2020) (in en). State-Sponsored Homophobia: 2020 global legislation overview update (Report). p. 139. https://ilga.org/downloads/ILGA_World_State_Sponsored_Homophobia_report_global_legislation_overview_update_December_2020.pdf. Retrieved 13 June 2022. 
  3. ↑ Mole, Richard C. M. (2018). "Introduction to "Soviet and Post-Soviet Sexualities"" (in en). Slavic Review 77 (1): 1–5. doi:10.1017/slr.2018.7. ISSN 0037-6779. 
  4. ↑ "Uzbekistan: Gay Men Face Abuse, Prison" (in en). Human Rights Watch. 23 March 2021. https://www.hrw.org/news/2021/03/23/uzbekistan-gay-men-face-abuse-prison. 
  5. ↑ 5.0 5.1 ((Bureau of Democracy, Human Rights, and Labor)) (2021). 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." 
  6. ↑ 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. 
  7. ↑ Penal Code 1994 (amended 2001), http://www.legislationline.org/download/action/download/id/1712/file/a45cbf3cc66c17f04420786aa164.htm/preview, retrieved 25 March 2010 
  8. ↑ "Ch 4: Sexual Crimes". Article 120—Besoqolbozlik, Criminal Code of the Republic of Uzbekistan (1994); No. 2012-XII of September 22, 1994. Tashkent: The Supreme Council of the Republic of Uzbekistan. pp. 37-38. https://www.ctbto.org/fileadmin/user_upload/pdf/Legal_documents/national_provisions/Uzbekistan_CriminalCode_220994.pdf. Retrieved 12 August 2022. 
  9. ↑ "Ch 5: Crimes against family, youth and morality". Article 130—Production and Dissemination of Obscene Objects, Criminal Code of the Republic of Uzbekistan (1994); No. 2012-XII of 29 August 2001. Tashkent: The Supreme Council of the Republic of Uzbekistan. pp. 39-40. https://www.ctbto.org/fileadmin/user_upload/pdf/Legal_documents/national_provisions/Uzbekistan_CriminalCode_220994.pdf. Retrieved 12 August 2022. 
  10. ↑ "Uzbekistan strengthens law to fight pornography" (in ru, en). UzDaily.uz. https://www.uzdaily.uz/en/post/18168. 
  11. ↑ "Donald Trump is already inspiring other countries to crack down on homosexuality". https://www.lgbtqnation.com/2024/11/donald-trump-is-already-inspiring-other-countries-to-crack-down-on-homosexuality/. 
  12. ↑ "Uzbekistan's constitutional amendment expands human rights, freedom of expression". https://www.aa.com.tr/en/asia-pacific/uzbekistans-constitutional-amendment-expands-human-rights-freedom-of-expression/2886739. 
  13. ↑ 2023 Country Reports on Human Rights Practices: Uzbekistan



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