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Current capacity 4.64 / Capacity gap 0.36
Overview & Strengths
153.
During interviews the CA team learnt that there is great public awareness of the Ombudsman’s work and
there has been a visible increase in the number of complaints submitted. Mostly, complaints pertained to
socio-economic grievances of the people. In 2017, 9074 complaints were received and in 2015-2016 – 12,000
complaints. The right to an adequate housing, employment opportunities, social entitlements and payment
of alimonies were apparently the most frequent issues complained of. After various policies and measures
introduced by the President, including Presidential reception offices in the regions, the flow of complaints
has been decreasing.
154.
All four staff members who deal with individual complaints (one on maternity leave) in the Secretariat have
a legal background. They regularly prepare background analytical briefs on identified concerns which are
shared by the Ombudsman with the Parliament. The CA team was told that such briefs contain general
recommendations on how identified human rights concerns can be remedied. It would be advisable that
such briefs are made public and are available on the Ombudsman’s website.
Legal basis
155.
According to the amended Law on the Ombudsman, Art. 10-14 stipulate in detail all powers and obligations
of the Ombudsman with regard to individual complaints. The Law authorizes the Ombudsman to conduct
investigations into complaints and to act upon information received from the third parties, including NGOs
if there is a relevant consent of the individual concerned. The Ombudsman can received written, oral and
on-line complaints. The overall rules and timeframe for handling of individual complaints are governed by
the separate Law on the Procedure of the Review of Individual Complaints by State Bodies. Art. 12 of the
Ombudsman Law foresees the right of the Ombudsman to conduct human rights investigations at his/her
own initiative.
156.
During interviews with staff members, several examples of in-depth investigations, mostly into labour,
compensation for demolished housing, social protection issues, pension payments, rights of persons with
disabilities and domestic violence cases, previously conducted by the Ombudsman staff were shared with
the CA team.
157.
Examples of complaints shared with the CA team pointed to the need to have a well functioning law on
free legal aid in the country (the Action Strategy on five priorities of development of Uzbekistan for 2017-
2021 under point 2.6. outlines a need for improving the legal aid system and services). The CA team was told
that currently, the Ombudsman Office relies on the MoU with the Chamber of Lawyers that provide defense
lawyers’ pro bono legal advice to the most vulnerable persons who approach the Ombudsman office. Such
pro bono assistance deserves appreciation, however, cannot be seen as the most sustainable mode of free
F i n a l R e p o r t : O f f i c e o f t h e O m b u d s m a n o f U z b e k i s t a n C a p a c i t y A s s e s s m e n t
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legal aid.
158.
Art. 13 of the Ombudsman Law states that the Ombudsman can advise a complainant on the ways and
methods how to protect one’s rights. The CA team could not obtain detailed information in writing or during
interviews with the Ombudsman staff on how many complainants received detailed advice on available legal
remedies and how many have been provided with remedial action by duty bearers after the Ombudsman’s
intervention each year.
159.
During interviews, the CA team understood that existing positive outcomes of past investigations and
interventions were not made public by the Office. The interviewed staff believed that success stories and
conclusions made with regard to the root-causes of initial violations should be widely publicized by the
Ombudsman through all available information resources in order to have a preventative effect, including
through the recently upgraded website of the Ombudsman.
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