2004 freedominfo.org Global Survey Results - Uzbekistan
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

Article 30 of the 1992 Constitution states:

All state bodies, public associations, and officials of the Republic of Uzbekistan shall allow any citizen access to documents, resolutions, and other materials, relating to their rights and interests. (1)

The Law on the Principles and Guarantees of Freedom of Information was adopted in December 2002 and went into effect in February 2003. (2) It replaces the 1997 Law on Guarantees and Freedom of Access to Information. (3) The law sets a general principle for freedom of information of "openness, publicity, accessibility and authenticity." It also states that, "Information must be open and public except for confidentiality."

Every person has a right to demand information. The right to information cannot be limited based on sex, race, ethnic origin, language, religion, ascription, and personal beliefs as well as personal and social rank. State bodies are given 30 days to respond to written requests. Oral requests must be responded to as soon as possible.

However, the statute sets broad areas where information can be restricted. Confidential information is defined as that for which disclosure can cause damage to the rights and legitimate interests of the individual, community and state. It can also be limited by law to protect the "fundamental rights and liberties of individuals, fundamentals of constitutional regime, moral values of the community," national security, and "the nation's spiritual, cultural and scientific potential."

Information relating to rights of citizens, legal status of government bodies, the environment, emergency situations, or is available in libraries, archives and information systems cannot be made confidential.

Refusals of information can be appealed to the courts. The requester can receive compensation if information is unlawfully withheld or inaccurate information is given.

The Law on the Protection of State Secrets sets broad rules for the classification of information. The regulation and list of information that is classified are themselves classified. Only information which threatens the "personal security" of individuals cannot be classified. Amnesty International reports that information on the use of the death penalty is considered a state secret. (4) There are also provisions in the criminal code for the unauthorized release of classified information.

Notes

1. http://www.uta.edu/cpsees/UZBEKCON.htm

2. The Law on the Principles and Guarantees of Freedom of Information, 12 December 2002. http://www.medialaw.ru/exussrlaw/l/uz/dostup.htm [in Russian]

3. The Law on Guarantees and Freedom of Access to Information, http://foi.missouri.edu/internationalfoi/uzbekguarantees.html

4. Amnesty International, Uzbekistan : Unfair trials and secret executions, 18 November 2003. http://web.amnesty.org/