18 Restrictive measures against Uzbekistan
| (26927 and 26928)
—
| (a) Common Position concerning restrictive measures against Uzbekistan
(b) Council Regulation imposing certain restrictive measures in respect of Uzbekistan
|
| Legal base | (a) Article 15 TEU; unanimity:
(b) Articles 60 and 301 TEC; QMV
|
| Document originated | —
|
| Deposited in Parliament | 19 October 2005
|
| Department | Defence |
| Basis of consideration | EM of 20 October 2005
|
| Previous Committee Report | None
|
| To be discussed in Council | 7 November General Affairs and External Relations Council
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
18.1 On 12-13 May 2005 armed men attacked a number of military
barracks and government buildings in the city of Andizhan in Uzbekistan.
They broke into the city prison, where they freed hundreds of
remand and convicted prisoners, and later occupied a regional
government building on the main city square and took a number
of hostages. From the early hours of 13 May, thousands of civilians
— mostly unarmed and among them some who had escaped from
the prison — gathered in the city square, where many spoke
out to demand justice and an end to poverty. According to witnesses,
there were sporadic incidents of the security forces firing indiscriminately
into the crowds, killing and wounding demonstrators. In the early
evening, the security forces surrounded the demonstrators and
started to shoot indiscriminately at the crowd. The demonstrators
attempted to flee. According to witnesses, hundreds of people
— men, women and children — were killed.
18.2 The Government's version of events differed
significantly from that of refugees who fled to Kyrgyzstan in
the direct aftermath of the events in Andizhan and to the testimonies
of other eye-witnesses. The government maintained that the security
forces did not kill any civilians and that all those civilians
who lost their lives were killed by armed "terrorists".
According to official figures, 187 people were killed in the violence.
The Organization for Security and Cooperation in Europe's Office
for Democratic Institutions and
Human Rights (OSCE/ODIHR) estimated that between
300 and 500 people were killed. The UN Office of the High Commissioner
for Human Rights (OHCHR) reported that up to several hundred people
may have been killed.[39]
18.3 At the 23 May 2005 General Affairs and External
Relations Council (GAERC), Ministers strongly condemned the reported
excessive, disproportionate and indiscriminate use of force by
the Uzbek security forces in Andizhan and expressed their deep
regret at the failure of the Uzbek authorities to respond adequately
to the UN's call for an independent international inquiry into
the events there. At the 13 June 2005 GAERC, Ministers again reiterated
their conviction that an independent international enquiry should
be held and urged the Uzbek authorities to reconsider their position
by the end of June 2005. On 18 July 2005 the Council expressed
its regret that the Uzbek authorities had not reconsidered their
position by the given deadline of the end of June and agreed to
consider measures against Uzbekistan following a visit to Uzbekistan
by EU Special Representative Mr Jan Kubis on 8-10 September.
The Common Position and the Council Regulation
18.4 In light of the continuing refusal of the Uzbek
authorities to allow an independent international inquiry into
the events in Andizhan, the 3 October GAERC decided to introduce
an embargo on exports to Uzbekistan of arms, military equipment
and equipment which might be used for internal repression, and
to implement restrictions on admission to the European Union aimed
at a number of listed individuals directly responsible for the
indiscriminate and disproportionate use of force in Andizhan.
The Council decided to implement these measures for an initial
period of one year. In the meantime, the Council will review these
measures in the light of any significant changes to the current
situation, in particular with regard to:
i) the conduct and outcome of the ongoing trials
of those accused of precipitating and participating in the disturbances
in Andizhan;
ii) the situation regarding the detention and
harassment of those who have questioned the Uzbek authorities'
version of events in Andizhan;
iii) Uzbek co-operation with any independent,
international Rapporteur appointed to investigate the disturbances
in Andizhan; and
iv) the outcome of any independent, international
inquiry.
any action that demonstrates the willingness of the
Uzbek authorities to adhere to the principles of respect for human
rights, rule of law and fundamental freedoms.
18.5 The Common Position and Council Regulation give
effect to this decision. Each EU Member State will enact the necessary
legislation to implement elements of the arms embargo. In the
case of the UK, the direct export provisions of EU arms embargoes
are implemented administratively under the Export of Goods, Transfer
of Technology and Provision of Technical Assistance (Control)
Order 2003, as amended; the control on arms brokering is implemented
by amending the Schedule to the Trade in Controlled Goods (Embargoed
Destinations) Order 2004.
18.6 The travel ban will be implemented by an Order
pursuant to section 8B of the Immigration Act 1971.
The Government view
18.7 In his 19 October Explanatory Memorandum, the
Minister of State for Europe in the Foreign and Commonwealth Office
(Mr Douglas Alexander) says that the Government supports the imposition
of an arms embargo and targeted visa ban on Uzbekistan:
- "Since 13 May 2005, the
EU and the UK has strongly condemned the reported mass killings
in Andizhan. Having set a deadline for the Uzbek authorities to
allow an independent investigation it was important that the EU
matched these strong words with actions. These measures should
leave the Uzbek authorities in no doubt as to the depth of concern
within the EU at events in and since May this year. They are not
intended to punish the Uzbek people".
Conclusion
18.8 We endorse the Council decision for the reasons
given, and are reporting it to the House in view of the widespread
concern at the events in Uzbekistan with which it deals.
39 Information obtained from the Amnesty International
website: http://web.amnesty.org/library/Index/ENGEUR620212005. Back
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