Mavlonov and Sa’di v. Uzbekistan
The 2009 Mavlonov and Sa’di v. Uzbekistan case concerned the right of minorities to enjoy their own culture, namely the refusal to register Oina, a bi-weekly Tajik-language newspaper. Oina was the only non-governmental Tajik-language publication in the Samarkand region of Uzbekistan, which was also distributed to schools that use Tajik as the language of instruction. The newspaper was considered by State authorities to have published articles inciting inter-ethnic hostility and calling for changes to the territorial integrity of the country. The authors of the communication claimed that the refusal to register Oina amounted to a violation of their right to freedom of expression (protected by Article 19 of the →International Covenant on Civil and Political Rights), and prevented them from enjoying their own culture, in community with other members of the Tajik minority in Uzbekistan (in violation of Article 27). The →Human Rights Committee recalled the paramount importance that freedom of expression plays in any society, restrictions to the exercise of which must meet a strict test of justification – regrettably, the State failed that. Furthermore, in a principled statement, the Committee announced that „the use of a minority language press as means of airing issues of significance and importance to the Tajik minority community in Uzbekistan […] is an essential element of the Tajik minority’s culture”, just like education in a minority language. The Committee reiterated its observations from General Comment No. 23, according to which the protection of rights under Article 27 is „directed towards ensuring the survival and continued development of the cultural, religious and social identity of the minorities concerned”, requiring State parties to employ “positive measures of protection”.