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Uzbekistan Constitutional Amendments: A Policy Review

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In near past, the Republic of Uzbekistan under the visionary leadership of its president H.E. Shavkat Mirziyoyev started its third renaissance by transforming the State, Society, Parliament, Administration, Governance, and last but not least, Judicial order in the country through the proposed “Constitutional Amendments”

It now is striving hard towards more rigorous “politicization” and “democratization” through the expected introduction of certain amendments in the Constitution. It seems that Uzbekistan under the visionary leadership of H.E. Shavkat Mirziyoyev has already started its journey of immense socio-economic prosperity, economic sustainability, political stability, regional connectivity, reconciliation, innovation, qualitative education, human capital and last but not least, “economic diplomacy” which has been further streamlined, systemized and strengthened through the “promulgation” of new constitutional amendments.

The essence of new constitutional changes is based on one new political philosophy which will definitely change the legal, political and administrative discourse in Uzbekistan in the days to come.

Figure-I

It has become a “giant step” towards total “transformation” of the “State” apparatus, administration, governance, transparency, accountability and fair play in the politics, civility, society and economy too.

Moreover, it has become a “paradigm shift” in the existing political system of Uzbekistan towards more “responsiveness” and “openness” having new means to form a more liberalized macro-economy, vibrant society, accountable administration, decentralization of power, separation of powers, checks & balances, welfare of the common people, protection and institutionalization of human rights, social justice and last but not least, economic stability and sustainability.

Figure-II

That is why a “drastic” change has been followed and implement by putting “Person” first by changing the operating/existing paradigm “state, society, person” with new doctrine  “person, society, and state through constitutional legislation and constitutional practice. Thus Person/people has become the ultimate center of attraction in the new constitutional changes.

From centuries the Republic of Uzbekistan has been total “sum” of superior human knowledge, wisdom, science & arts, spirits of survival, prosperity, infrastructural development, strategic expansion, statesmanship, good governance, logistic connectivity, trade & commerce, sharing & caring and last but not least, friendship, peace and harmony and new constitutional amendments have further strengthened its commitment and “resolve” towards genuine democracy and social justice.

It seems that Uzbekistan’s President H.E. Shavkat Mirziyoyev has rightly emphasized on the urgent need of constitutional overhauling important for robust economic stability and sustainability, social cohesion, institutionalization of multiculturalism, women empowerment, youth development, provision of education, health, housing, good & corporate governance and last but not least, people’s friendly policies to form a new vibrant society and dynamic state in the country. It hopes that efforts of greater regional connectivity and regional peace, stability and harmony will also be materialized through the new constitutional changes in Uzbekistan.

Ours is the age of rigorous economic reforms, people’s friendly politics and interactive State and the Society. People’s friendly policies would be “core” of new changes in the constitution in the series of new economic reforms thus it would discourage process and practice of excessive profits, cronies and cartels in the national economy. It would promote sense of fair-play, economic equality, corporate equity and transparency in Uzbekistan. It would be a giant leap towards “People’s State Doctrine”.

The Uzbek president Mirziyoyev is of the opinion that the new constitution amendments should create a solid legal basis and give a reliable guarantee of long-term development strategies for the country, along with certain tangible pledges for future prosperity prosperous life of common people. He termed that honor and dignity of a person” and the approach “Man-Society-State” as the main principle of current reforms. Thus human dignity, honor and pride should henceforth come first in all areas.

Fours Strategic Priorities

Figure-III

The Uzbek president Mirziyoyev termed elevation of human dignity as a basic constitutional obligation and a priority task of public authorities which should be clearly reflected in new updated Constitution. He emphasized that the right to life must be considered as an inalienable right of every person which has already been proposed to introduce into the Constitution a provision that “the death penalty is prohibited in Uzbekistan”.

Moreover, judicial transparency, accountability and easy accessibility should also be incorporated in the new updated constitution. Moreover, social state has become mantra of every government in the world and Uzbekistan is not any exception. Inflationary trends and constant price hikes have badly damaged the purchasing powers of the common people. The unending race of maximization of profits, and corporate gains resultantly form only elite groups and cartels are formed which again consumed budgetary allocations of the state and people at large remained isolated and marginalized in many countries.

Thus a decent living and a qualitative life can also be achieved and maintained through the institutionalization of a welfare state for everyone, no one is left without attention, alone with their problems.

So, it is proposed to reflect in the “Basic Law” the obligations of the state to provide the population with housing, strengthen the economic and spiritual foundations of the family, create all conditions for ensuring the interests and full development of children, support people with disabilities, and protect human health and the environment.

The Uzbek president Mirziyoyev rightly desires to provide basic human rights to all men and women, families and children, youth and the elderly, persons with disabilities, all people, whether in the country or abroad, and so their protection should be enshrined in the Constitution.

Through implementation of series of constant economic, political and societal reforms there is going to be a drastic change in “perception”, “practice” and “production” of the Uzbek State and civil society. Now all these reforms have further integrated and consolidated to give more “imputes” to civil society and institutions on the plea that “Society is the initiator of reforms”. It would be “positive”, “productive” and “participatory” in all spheres.

Moreover, the updated constitution should clearly define the status of the mahalla and the duties of state bodies in the process of interaction with it. At the same time, it was proposed to reflect the principle that the mahalla is not part of the system of state authorities, can independently resolve issues of local importance on the ground, and receive support from the state for these purposes. Thus massive national drive of decentralization of the government’s functions and finances should be part and parcel of the new constitution.

Humans have become more important than the governments and the states around the globe and same is the case of Uzbekistan. By changing the constitutional perspective towards family, traditional human values and inter-ethnic or multiculturalism in the country, it hopes that Uzbekistan would become an ideal country for human rights and “multiculturalism”, the driving forces of robust socio-economic development and political stability.

The Uzbek president Mirziyoyev reiterated that the improvement of public administration and the strengthening of democracy should also be included in the new constitution. The head of the state aiming to build a democratic state that should be people’s friendly. It means that the state, its departments and officials work should be people’s centric.

Moreover, people’s control over state power should be institutionalized. He outlines to introduce into the Constitution norms that ensure openness, transparency and accountability in the activities of state bodies, as well as the compactness and efficiency of these bodies.

There are other important priority areas i.e. youth policy to support youth of the country in all respects. New job generation, qualitative “human capital” would be mantra and main priority of New Uzbekistan.

It seems that due to many interrelated socio-economic, geopolitical and geostrategic trends in the region and around the globe, the governments are preserving the state engineering by adopting ancient philosophy of socialism of state, economy and society too. The implementation of “New Uzbekistan: a social state” would be paradigm shift in the country which has multiplier effects.

It also anticipates that apparatus of Uzbek State is under drastic overhauling and transformation. Now human rights protection, preventing child labor, reliable protection of the rights of persons with disabilities, representatives of the older generation are going to further streamlines and systematized. It would be a major task and priority area which has immense importance and dividend too.

Now let us analysis the proposed drastic changes in the state’s orientation which has definitely started a new chapter in the national history of Uzbekistan in terms of checks & balances, separation of power, political transparency, accountability, rule of the law, socio-economic equality and last but not least, state-society complete transition, transformation and transmission by voluntarily surrendering important Presidential Powers to Parliament.

In this context, numerous proposals have been forwarded to expand the powers of the Oliy Majlis/Parliament to form a government and ensure its effective functioning, transfer part of the powers of the President to the Oliy Majlis in the updated Constitution.

It has also been decided to exclude from the Constitution the provision that Khokims simultaneously head the councils of people’s deputies. Thus the head of state proposed introducing the institution of making legislative proposals into the Constitution. Hopefully, the people will have the right to initiate laws. According to this provision, a group of at least 100,000 citizens will be able to submit their legislative proposals to the Legislative Chamber of the Oliy Majlis.

Moreover, the necessity of expanding the powers of the Government and defining in the Constitution the responsibility of the Cabinet of Ministers and Khokimiyats on environmental issues, youth, family support, social protection of persons with disabilities, development of public transport, creation of conditions for recreation of the population, support of civil society institutions has also been emphasized.

Foreign policy plays very important role in the national sovereignty, territorial integrity, foreign relations, socio-economic prosperity and engagement with other countries in the world. A pragmatic foreign policy having substance of realism & dynamisms should be upheld in the affairs of the state. Moreover, rapidly changing geopolitical and geostrategic realities demand sensible and supportive foreign policy.

That is why, the importance of updating and improving the conceptual and legal framework of Uzbekistan’s foreign policy is also included in the proposed constitutional changes which will enable the republic of Uzbekistan to easily cope with the conflicting realities pertaining to survival, co-existence, prosperity, protection of productive channels and lives of the common people alike.

To achieve this ideal goal the deputies of the Legislative Chamber will subsequently submit the proposals summarized by the Constitutional Commission as a legislative initiative to the lower house of parliament.

Subsequently, they will be discussed in detail in Parliament, which will prepare a draft of the updated Constitution. According to the current legislation, the Parliament has the power to independently amend the Constitution. However, the President proposed to consider the draft Constitution at a nationwide discussion and adopt it by referendum.

Figure-IV

Expected priority areas pertaining to protection of climate change, biodiversity, water conservation, and friendly environmental policies in the updated constitution would be a value addition towards easy and smooth transition towards smart economy, living and green revolution in the country.

To conclude I really appreciate the priority changes of Uzbekistan’s constitution in terms of protection of human rights, social protection/development, decentralization of socio-politico-economic powers, governance, education, health, economic equality, transparency, accountability and rigorous but befitting and people’s friendly politicization and democratization would people and its state a special bonding of mutual trust, respect, productivity, progress, and prosperity and the Republic of Uzbekistan would easily start its journey towards  the third Renaissance.

In this connection, hopefully an updated constitution reform based on the opinions and support of Uzbek people through a imminent referendum, will be a real expression of the will of our people will form a truly people’s Constitution.

It seems that constitutional amendments will further ensure stability in the Uzbek society and further support socio-economic development of the unique country. It will further institutionalize spirits of unity, harmony and solidarity among the common people and the society alike.

Good thing is that all the constitutional changes are completely being carried out in decent, transparent and open manners so nothing is hidden or secretive. It is the beginning of new era of more liberalized economy, politics, state, society and the people alike.

It will rewrite the new equation of the state’s powers and further empowerment of the people and the society. Thus, a new ‘Iron Triangle” will be created for achieving the desired goals of a welfare state in Uzbekistan.

Moreover, it will uphold the spirits of further & rich politicization and democratization in the country wherein opposition has the equal political rights to excel.

Furthermore, it will guarantee provision and protection of basic necessities of life in terms of education, health and housing and upholding of human rights in terms of freedom, liberty, association, economic choice and political opinion.

It will further consolidate structural reforms in diverse sectors of economy, investments, social development, good governance and judicial administration. People will be supreme and parliament will be more active and participatory for the wellbeing the common population in the Republic of Uzbekistan.

  • The author is Executive Director at the “The Center for South Asia and International Studies” (CSAIS) Islamabad which is a renowned think tank. Furthermore, he is an expert on Kazakhstan, CIS countries, China, Türkiye, Indonesia, GCC, Qatar and ASEAN.

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