Uzbekistan honors Constitution Day by championing freedom and prosperity

• The words of President Shavkat Mirziyoyev, “the new edition of the Constitution has opened up new paths for us to build a legal and just state based on the principles of human rights, democracy, freedom, stability, equality, and development,” contain profound truths.

 

Uzbekistan is marking this year’s Constitution Day with the theme “The Constitution is the guarantee of a free and prosperous life!” A series of organizational, practical, cultural, educational, and legal initiatives have been launched in line with the program approved by President Shavkat Mirziyoyev’s decree on October 17, 2024, to prepare for and celebrate the occasion.

The new Constitution plays an invaluable role in strengthening the outcomes of the large-scale, comprehensive, and rapid reforms consistently being carried out across various sectors in New Uzbekistan.

The words of President Shavkat Mirziyoyev, “The new edition of the Constitution has opened up new paths for us to build a legal and just state based on the principles of human rights, democracy, freedom, stability, equality, and development,” contain profound truths.

The legal ideology for the development of the state and society

A clear confirmation of this is that the Constitution explicitly defines the legal ideology for the development of the state and society, as well as the constitutional values and principles upon which the people rely in their journey to build New Uzbekistan.

Life factors resulting in constitutional reform in new Uzbekistan

Three comprehensive development strategies adopted in recent years at the initiative of the President have significantly influenced constitutional reform:

Firstly, within the framework of the “Strategy of Actions in Five Priority Directions for the Development of the Republic of Uzbekistan in 2017-2021,” the norms of the Constitution of the Republic of Uzbekistan were improved.

Secondly, consistent constitutional reform has been carried out based on the “Strategy for the Development of New Uzbekistan for 2022-2026.”

Thirdly, effective measures are being taken to ensure the direct implementation of the updated Basic Law in the implementation of the “Uzbekistan-2030” Strategy.

Large-scale democratic reforms

The Constitution serves as a solid legal foundation and the primary legal guarantee for the large-scale democratic reforms that have been consistently and gradually implemented in all spheres of socioeconomic, political, legal, and spiritual-cultural life during the years of independence. It holds paramount importance in any democratic society striving for a rule-of-law state.

One of humanity’s most significant achievements

Consequently, the Constitution is one of humanity’s most significant achievements in the legal regulation and organization of social relations. It cannot exist in isolation from society and should not be considered a collection of rigid provisions. Instead, the Constitution is a dynamic, constantly evolving document that reflects the vitality and changes of the times. In this sense, the Strategy of Actions has served as the basis for the new constitutional image of New Uzbekistan.

During the presidential elections in Uzbekistan in 2021, an important proposal, arising from vital necessity and a logical continuation of the democratic reforms in the country, was put forward: the implementation of constitutional reform.

On November 6, 2021, in his speech at the inauguration ceremony at a joint session of the chambers of the OliyMajlis (Parliament), President Shavkat Mirziyoyevdefined the Strategy for the Development of New Uzbekistan as the theoretical basis for constitutional reform. A separate section is devoted to constitutional reform in his book “Strategy for the Development of New Uzbekistan.”

A separate paragraph of the book, published in 2022, is titled “Constitutional Reforms – an Objective Necessity on the Path to Building New Uzbekistan.” It reflects important proposals and initiatives put forward during pre-election meetings with the people, insights into current developments, and plans for the future.

In this regard, President Shavkat Mirziyoyev is undoubtedly the main ideological inspirer of constitutional reform in Uzbekistan. The main initiators of the constitutional reform are the broad masses of our country’s population.

Consistent and continuous improvement of constitutional legislation

The existence of a perfect Constitution that meets the criteria of rapidly changing times, requiring appropriate actions and changes, corresponds to the national state traditions and interests of the people. The practice of development in countries around the world also testifies to the need for consistent and continuous improvement of constitutional legislation.

In a rule-of-law state, there should be no gap between the Constitution and the development of society. According to the requirements of the Strategy for the Development of New Uzbekistan, it is necessary to enshrine in national legislation and legal practice the principle of “man – society – state.”

From this point of view, constitutional reform has become one of the requirements of the Strategy for the Development of New Uzbekistan. Accordingly, the improvement of the Basic Law – the Constitution of the Republic of Uzbekistan – is highly relevant in the implementation of the Strategy for the Development of New Uzbekistan for 2022-2026, developed according to the principle “From the Strategy of Action to the Strategy of Development.”

Building a just and people’s state

Bringing the Constitution of the Republic of Uzbekistan in line with today’s realities has become a requirement of intensive and consistent reforms in the country. Large-scale tasks within the framework of the Strategy for the Development of New Uzbekistan, particularly such great goals as building a just and people’s state and more effectively ensuring the rights, interests, and dignity of a person, have necessitated further improvement of the constitutional space, providing the necessary legal basis.

The Constitutional Commission: Activities and main outcomes

At a joint meeting of the Councils of both Chambers of the Uzbek Parliament, held on May 20, 2022, the Constitutional Commission for the introduction of amendments and additions to the Constitution and the implementation of organizational measures was established. Its composition and tasks were defined, and it was instructed to accept proposals from all sectors of the population for amendments and additions to the Constitution.

The Commission was composed of MPs, representatives from all regions of Uzbekistan, civil society institutions, lawyers, political scientists, and experts. The Constitutional Commission’s work was based on the idea of “society as the initiator of reforms.”

The President of Uzbekistan clearly defined three stages for the Constitutional Commission’s activities. Based on this, the Constitutional Commission carried out activities in the following stages:

1. Organizing the reception, summarization, and analysis of proposals for amending the Constitution;
2. Considering, with the participation of the general public, and conducting a nationwide discussion of the updated draft of the Constitution developed by the Constitutional Commission;
3. Adopting, through a referendum, a draft law on amendments to the Constitution, revised based on the results of the nationwide discussion.

The Head of Uzbekistan noted that “If we carry out constitutional reform based on the opinion and support of our citizens through a referendum, it will be a full expression of the will of our people—a truly people’s Constitution.”

On this basis, the Constitutional Commission managed all organizational and legal arrangements for constitutional reform until the referendum, which was held on April 30, 2023.

Implementation of the President’s proposals and initiatives in the new Constitution

At a meeting with the members of the Constitutional Commission on June 20, 2022, the President of Uzbekistan presented concrete proposals for enshrining the value of the individual in nine key areas of the Constitution. These important proposals and initiatives were reflected in the new version of the Constitution.

In particular, the President proposed that a person should not be a means to an end for the state and society but rather the central focus and highest value. As a result, enhancing human dignity has become a constitutional duty and a priority task for state authorities.

Reducing social disparities

The idea that “Uzbekistan is a social state” is enshrined in the Basic Law. Consequently, a social state is one that pursues effective policies aimed at reducing social disparities and providing assistance to those in need.

The Constitution firmly establishes that Uzbekistan is a state governed by the rule of law. The rule of law is an idea and a great achievement of progress, shaped by humankind’s labor over millennia.

The new Constitution also introduces the term “civil society institutions” for the first time, which includes entities such as mahallas (local communities) and mass media.

The Constitution states that “Uzbekistan is a secular state.” A secular state is one whose administration is regulated by the Constitution and legislative acts.

Nationwide discussions of the draft Constitution

The factions of political parties in the Legislative Chamber of the Oliy Majlis comprehensively discussed the draft Constitution in its new version. Citizens, particularly young people, actively participated by providing proposals and comments. A sociological survey revealed that 88 percent of respondents were aware of the proposed amendments to the Constitution.

The Constitutional Commission carried out extensive work to improve the Basic Law. Specialists from research institutions, relevant ministries and departments, and experts were widely involved, and the constitutional experiences of developed countries were studied in depth.

The draft constitutional law on amendments and additions to the Constitution was submitted for public discussion. Due to increased citizen participation, the public discussion period was extended several times.

During the public discussion, around 20,000 events were organized across ministries, departments, organizations, districts, and cities, with the participation of deputies, senators, political parties, and local Kengashes. Numerous materials were published through the mass media to inform the public about the changes being made.

Three international public hearings were held on the draft constitutional law, focusing on:

1. Women’s rights in Constitutions.
2. Rights of the child in Constitutions.
3. Rights of persons with disabilities in Constitutions.

At the international public hearings, it was noted that Uzbekistan has created political, social, economic, and legal conditions that allow for the effective protection of fundamental rights. The importance of studying exemplary foreign and international experiences was emphasized.

In accordance with the Law “On appeals of individuals and legal entities,” proposals submitted to the draft were considered. Discussions with work collectives, universities, mahalla activists, and representatives of the intelligentsia yielded about 10,000 additional proposals. International legal acts and the experiences of 193 states were also studied.

In total, 222,715 proposals were received for the new Constitution. Both individual and collective proposals from citizens were considered.

This extensive input indicates that the interests of all segments of society have been taken into account, and the Basic Law is truly becoming a people’s Constitution. The number of articles in the draft increased from 128 to 155, and the number of norms from 275 to 434—an increase of almost 65 percent—updated based on the proposals of the people.

The draft underwent seven types of theoretical and practical, scientific, and legal expertise. Scientific institutions and educational organizations were particularly active in making proposals. The United Nations and its relevant structures cooperated actively in the constitutional reform process.

Creating own model of constitutional reform

Representatives of the international community noted that Uzbekistan has accumulated unique experience in creating its own model of constitutional reform. The constitutional reform was highly praised, and Uzbekistan’s position was fully supported.

Millions of compatriots took an active part in the nationwide discussions, from the initial discussion to adoption. As the President of Uzbekistan noted, “We have every reason to assert that the true author of our updated Constitution is our people. Most importantly, we will never deviate from the path of our reforms; we will only move forward based on the new system of ‘man – society – state’.”

Organization of the referendum on the draft Constitution

At a meeting of the Legislative Chamber of the OliyMajlis on March 9-10, 2023, a resolution was adopted “On holding a referendum of the Republic of Uzbekistan on the draft Constitutional Law of the Republic of Uzbekistan ‘On the Constitution of the Republic of Uzbekistan.’” The date of the referendum was set for April 30, 2023.

MPs supported obtaining an opinion from the Constitutional Court on holding a referendum. On March 13, 2023, the Constitutional Court adopted a resolution determining the conformity of this decision with the Constitution, finding no circumstances preventing the draft constitutional law from being put to a referendum.

The draft was then considered in the Senate on March 14, 2023. It was noted that constitutional reform is integral to the fundamental transformations in all spheres of the country’s life, creating a solid legal foundation and adapting the Basic Law to modern realities.

In programmatic reports and speeches, decrees and resolutions, national development strategies, and state programs, the fundamental political and theoretical essence and mechanisms for the consistent implementation of the new Constitution’s norms were deeply revealed.

On May 8, 2023, a Decree “On Urgent Measures to Implement the Constitution of the Republic of Uzbekistan in its New Edition” was adopted. It determined that the new Constitution has the highest legal force and is subject to direct and unconditional application.

Based on the decree, dozens of laws and by-laws were aligned with the new Constitution. The decree approved the “Program of Measures to Implement the Tasks Arising from the Constitution of the Republic of Uzbekistan in its New Edition.”

On November 7, 2023, another Decree “On Amendments and Additions to Certain Acts of the President of the Republic of Uzbekistan in connection with the adoption of the Constitution of the Republic of Uzbekistan in its new edition” was adopted, making appropriate changes to ten decrees and four resolutions.

To fully implement the new model of state power organization, based on the distribution of powers of khokims and Kengashes of People’s Deputies, the President adopted a Decree on February 2, 2024, “On Measures to Improve the Efficiency of Local State Authorities.”

The decree approved four documents:

• First, the list of powers proposed for transfer to local Kengashes of People’s Deputies to enhance the role of representative bodies of local state power in resolving important issues of public and state life;
• Second, the proposed systematization of powers and functions of local Kengashes of People’s Deputies;
• Third, the roadmap for improving legislation on the organization of activities of local state authorities based on the principle of “Strong Kengash, accountable and proactive khokim”;
• Fourth, amendments to certain acts of the President of the Republic of Uzbekistan.

Norms established in the adopted laws

On February 19, 2024, the President signed the Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Uzbekistan aimed at improving the activities of the Oliy Majlis of the Republic of Uzbekistan in connection with the adoption of the Constitution of the Republic of Uzbekistan in its New Edition.” The law amends relevant legislative acts, including:

• On the Senate of the Oliy Majlis of the Republic of Uzbekistan.
• On the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan.
• The constitutional law “On Strengthening the Role of Political Parties in the Renewal and Further Democratization of State Administration and Modernization of the Country.”
• On the Prosecutor’s Office.
• On the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman).
• On the Results of the Referendum and the Basic Principles of Organizing State Power.
• On the Regulations of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan.
• On the Regulations of the Senate of the Oliy Majlis of the Republic of Uzbekistan.
• On the Status of a Deputy of the Legislative Chamber and a Member of the Senate of the Oliy Majlis of the Republic of Uzbekistan.
• On the Procedure for Preparing Draft Laws and Submitting Them to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan.
• On Parliamentary Control.
• On the State Security Service of the Republic of Uzbekistan.
• On the Accounts Chamber of the Republic of Uzbekistan.
• On Normative Legal Acts.

The amendments improve the exclusive powers of the Legislative Chamber and the Senate, as defined in the new Constitution, and establish the legal basis for parliamentary control, legislative initiatives, and a new procedure for adopting laws.

As noted in Article 17 of the Law, “This Law shall enter into force from the date of its official publication. Clause 1 of Article 3, and clauses 1 and 2 of Article 4 of this Law shall enter into force at the beginning of the formation of the Senate of the Oliy Majlis of the Republic of Uzbekistan in the next convocation in 2024. Clause 6 of Article 5, clause 2 of Article 6, and clause 2 of Article 10 of this Law shall enter into force from the date of the convening of the first session of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan in the next convocation.”

Under the new constitutional conditions, the separation of the positions of khokim and chairperson of the People’s Deputies’ Council requires the revision and improvement of existing legal acts. Enhancing the role of the People’s Deputies’ Councils, continuing reforms to introduce new forms of representative control, and strengthening the responsibility of khokims are necessary.

Appealing decisions

This Law introduces amendments to clarify the powers of khokims and the People’s Deputies’ Councils. The provision that the khokim simultaneously heads the representative authority has been excluded. Khokims have been granted new powers, such as introducing issues to sessions and appealing decisions that contradict the law.

The People’s Deputies’ Councils are now headed by a chairman, elected from among the deputies, who serves on a public basis. Procedures for removal from office are also provided.

A requirement has been established for the registration of documents adopted by the Councils and khokims in the Unified Electronic System. Documents not registered will be considered invalid.

Amendments to the Law “On Normative Legal Acts” assign official publication status to this Unified Electronic System.

This law serves to align legislation with the new Constitution, fully implement the principle of separation of powers at the local level, and organize territorial management based on serving the population’s interests.

Work being done by legislative and executive bodies and the judicial system

The Chambers of the National Parliament have also carried out related work. On May 15, 2023, the Council of the Legislative Chamber adopted a roadmap to educate the public about the essence and meaning of the new Constitution, conducted approximately 10,000 outreach activities, and created a free online course.

On October 3, 2023, the Cabinet of Ministers adopted a decision “On the introduction of amendments and additions to certain decisions of the Government of the Republic of Uzbekistan in connection with the adoption of the new Constitution of the Republic of Uzbekistan.” This decision introduced relevant amendments to certain rules and regulations.

On June 23, 2023, the Plenary of the Supreme Court adopted a decision on certain questions relating to the direct application of the rules of the Constitution in the administration of justice. This decision contains important clarifications on the supreme legal force of the Constitution and requires the courts to apply its norms directly.

On December 5, 2023, the Constitutional Court published a ruling on “Approval of the information of the Constitutional Court of the Republic of Uzbekistan on the state of constitutional law in the country.” It states that the new Constitution, adopted by referendum on April 30, 2023, has become the legal basis for modernizing the state and society and strengthening constitutional law in the country.

A vivid example of the Constitution in action

The Constitution has been demonstrated in two recent elections. The presidential election held in 2023 showcased the political maturity of society and support for reforms.

Building on the experience of the 2019 parliamentary elections and the recommendations of international organizations, important additions and changes were made to the Constitution regarding elections.

In particular, an amendment to Article 117 moved the election date to the first Sunday of the third decade of October, changing it from December to October.

Clarifying amendments were made regarding the participation in elections of persons held in places of deprivation of liberty. Only those recognized by the court as incapacitated or held for serious crimes are excluded. Other direct or indirect restrictions are not allowed.

The recent elections to the Legislative Chamber and other bodies, held on October 27, 2024, mark a significant step forward. The improvement of national electoral legislation, based on the new Constitution and international standards, has ensured more open and transparent processes.

The updated legislation has enhanced the electoral culture, improved political parties’ work with their electorate, and increased political activity. For the first time, parliamentary elections held under a mixed electoral system have elected a composition of the Oliy Majlisendowed with broad powers, as per the new Constitution.

Vivid examples of democratic statehood functioning

Both elections are vivid examples of democratic statehood functioning in the country. These socio-political processes have played a key role in realizing citizens’ constitutional rights to elect and be elected, ensuring active participation in the formation of state bodies in accordance with national legislation and international standards.

Conclusion

It should be noted, in conclusion, that any law gains legitimacy and effectiveness through knowledge, respect, and strict compliance. Conscious compliance sets in motion the norms of the Constitution.

This requires knowledge of the Constitution by both officials and citizens. Without a high legal culture, the rich potential of the Constitution cannot be fully realized. Therefore, developing a constitutional culture in society is of paramount importance.

The noble tradition of honorably celebrating Constitution Day serves to unite citizens around the ideas of democracy, freedom, equality, social justice, and solidarity enshrined in the Basic Law. Especially important is the practice of the Head of Uzbekistan approving orders for the celebration of Constitution Day.

Pursuant to the Order of the President of our country, “On the preparation and celebration of Constitution Day,” dated October 17, 2024, interesting informational-educational and legal events are being held locally these days, which will undoubtedly be fruitful. Notably, within the framework of “Constitution Month,” lessons on the Constitution will be of great importance in general secondary, specialized secondary, professional, and higher education institutions, covering all students.

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Akmal Saidov

Director of the National Center of the Republic of Uzbekistan for Human Rights, Academician of the Academy of Sciences of Uzbekistan, Doctor of Law, Professor.

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