Gay Travel Advisory

Uzbekistan

Criminal Code of 1994

Sources
  1. Text of the law is available at: http://www.legislationline.org/documents/id/8931

Legal Code Text

Article 120- “Besoqolbozlik, that is, voluntary sexual intercourse of two male individuals, shall be punished with imprisonment up to three years.”

ILGA Analysis & Notes

At its 2nd cycle UPR in late-April 2013, Uzbekistan ‘noted’ (rejected) two calls to decriminalise same-sex sexual relations (Netherlands and Uruguay), and two others to enact non-discrimination legislation (Spain and Argentina). The State’s response to these calls was unambiguous: “On questions regarding the decriminalization of homosexuality, the Criminal Code forbids consensual sexual relations between men, but this does not apply to women. There are no plans in the near future to repeal this law which reflects traditions that have developed over more than 1,000 years. Uzbekistan in this respect shares the position of the Muslim countries expressed during the discussions of this issue within the Human Rights Council” [para 88]. Uzbekistan’s next UPR will be in January 2018. In August 2015, the Human Rights Committee issued its Concluding Observations on Uzbekistan. At paras. 6 and 7, it noted that for the State to align with Convention obligations, its legal framework needs to ensure, inter alia, full protection from discrimination in all spheres, inclusive of SOGI and it provides for effective remedies in cases of violations. It also reiterated a previous recommendation concerning “any form of social stigmatization, hate speech, discrimination or violence” based on SOGI, ensuring “the investigation, prosecution and punishment of such violent acts”, and the repeal of Article 120.