Eleanor Finch
The recent amendments to Uzbekistan's constitution have been described as a pivotal moment for the country and Central Asia, marking a shift towards liberal values and a departure from the country's recent history. The new constitution, dubbed the New Uzbekistan, aims to place citizens' rights at the forefront and introduces significant changes to social privileges, civil liberties, and the functioning of central institutions. While the amended constitution benefits the citizens of Uzbekistan by expanding their rights and social benefits, it also allows President Mirziyoyev to run for re-election, raising questions about the true purpose of the reforms.
| Characteristics | Values |
|---|---|
| Main goal | To strengthen statehood and organize the activities of state bodies |
| Date of adoption | December 8, 1992 |
| Amendments | April 24, 2003 |
| Basis | Experience of developed countries, will and spirit of the people, public consciousness, level of culture, fundamental ideas and principles of the Universal Declaration of Human Rights |
| Citizens' rights | Equality of men and women, favorable childhood conditions, protection of motherhood and fatherhood, freedom of religion, freedom of the press, sovereign equality and territorial integrity of states |
| State power | Legislative, executive, and judicial branches |
| Legislative branch | Oliy Majlis of the Republic of Uzbekistan |
| Executive branch | President of the Republic of Uzbekistan |
| Judicial branch | N/A |
| Sovereignty | Full independence in carrying out domestic and foreign policies |
| Referendum | Voting by the people on important issues such as laws, resolutions, and amendments |
| Amendment procedure | Constitutional law adopted by a majority (at least two-thirds) of the Legislative Chamber and the Senate of the Oliy Majlis, or by referendum |
| Social obligations | Housing, free education, minimum wage pensions, state healthcare, care for the disabled, environmental protection |
| Political legitimacy | Shifted from power structures to the general public |
| Modernization | Consolidation of state and society, top-down program of modernization, improvement of living conditions |
| Benefits | Elevated position of citizens, hope for improved living conditions, protection of cultural heritage, promotion of cultural development |
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What You'll Learn
- Citizens: the new constitution places citizens' rights at the forefront
- President Mirziyoyev: the amendments allow him to stand for re-election
- Government: the government now has greater social obligations to citizens
- Teachers: the constitution recognises the work of teachers and protects their honour and dignity
- Religious organisations: all religious organisations operating within the law are granted freedom of activity
Citizens: the new constitution places citizens' rights at the forefront
The amended constitution in Uzbekistan places citizens' rights at the forefront, marking a significant shift from the past when the state came first. This new constitution is designed to advance liberal values in the region, with citizens benefiting from a stronger affirmation of their rights and a more transparent political process.
The new constitution guarantees citizens' freedom of research and engineering work, as well as the right to enjoy cultural benefits. It also promotes equal rights for women and men and protects the rights of minors, the disabled, and the elderly. The state is obligated to promote the cultural, scientific, and technical development of society and to safeguard the rights and freedoms of its citizens.
The amended constitution also introduces significant social privileges and protections for citizens. These include guarantees of housing, access to free education at all levels, pensions at the minimum wage level, and state-provided healthcare. The government has also emphasised its responsibility for addressing environmental issues, which was absent from the previous constitution.
The new constitution has elevated the position of citizens and offered hope for improved living conditions. It has also opened the way for the development of local self-government and simplified the functioning of central institutions. This includes circumscribing the powers of local officials, such as preventing a hokim or governor from simultaneously serving as a chairman of the council of deputies in their territory.
While the amended constitution brings many positive changes for citizens, some critics have expressed concerns about the true purpose of the reforms. There are worries that the primary intention is to extend the time the current president, Shavkat Mirziyoyev, can remain in office, rather than genuinely empowering citizens and creating deep, systemic change.
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President Mirziyoyev: the amendments allow him to stand for re-election
The amendments to the constitution of Uzbekistan have been touted as a means to deepen democratic institutions and reflect the will of the people. However, critics argue that the changes primarily benefit President Shavkat Mirziyoyev by allowing him to run for re-election and consolidate his power.
President Mirziyoyev was elected in 2021 to a second five-year term, which would have ended in 2026. However, the constitutional amendments nullified his previous and current terms, allowing him to run for two more consecutive terms. The duration of each term was also extended from five to seven years, potentially keeping him in office until 2037.
The amendments were approved in a referendum, with more than 90% of voters casting ballots in favour. This referendum was the third in the history of independent Uzbekistan, following those held by Mirziyoyev's predecessor, Islam Karimov, in 1995 and 2002, to prolong his terms without elections.
Mirziyoyev and his supporters defend the changes as necessary for reform and stability. They argue that the person who started the reforms should have the opportunity to bring them to a close. Indeed, Mirziyoyev has introduced a number of significant reforms, including abolishing forced labour in the cotton industry and improving relations with the West.
However, critics argue that the amendments primarily serve to consolidate Mirziyoyev's power. They point to the lack of meaningful opposition and the blurring of lines between the incumbent's campaign and official activities. Additionally, the amendments strengthen the institutional heft of the mahalla, or local neighbourhood community, which can be mobilised to support the president.
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Government: the government now has greater social obligations to citizens
The amended constitution of Uzbekistan has resulted in greater social obligations for the government towards its citizens. The new constitution, which came into effect on 1 May 2023, is a significant departure from the previous version, which focused primarily on strengthening statehood and lacked comprehensive protections for fundamental rights and freedoms.
The amended constitution places citizens' rights at the forefront, marking a shift from traditional political priorities that favoured the state. This new version of the constitution has introduced several social guarantees, including the right to housing, access to free education at all levels, and pensions at the minimum wage level. It also emphasises the government's responsibility for addressing environmental issues, which was absent from the previous constitution.
The government now has a duty to ensure the protection of the rights and freedoms of its citizens, as outlined in the constitution and relevant laws. This includes the freedom of research and engineering work, the right to enjoy cultural benefits, and the protection of intellectual property. The state is also obligated to promote the cultural, scientific, and technical development of society.
The amended constitution grants all citizens, regardless of nationality, equal rights and protections. It ensures the equality of men and women, protects motherhood and fatherhood, and safeguards the rights of minors, the disabled, and the single elderly. Additionally, it promotes favourable childhood conditions and the nurturing of patriotic sentiments.
The government's expanded social obligations are part of a renewed "social contract" with its citizens, elevating their position and offering hope for improved living conditions. This shift towards a more paternalistic state reflects President Mirziyoyev's vision of a “New Uzbekistan”, which aims to modernise the country, consolidate society, and prioritise the needs and rights of its people.
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Teachers: the constitution recognises the work of teachers and protects their honour and dignity
The amended Constitution of Uzbekistan places citizens' rights at the forefront, marking a departure from the past when the state came first. The new draft constitution focuses on President Mirziyoyev's vision of a 'New Uzbekistan', emphasising the rule of law, social guarantees, economic reform, political governance, and culture. While it is difficult to say with certainty who benefits the most from these changes, it is clear that teachers are among those who stand to gain from the amended constitution.
The amended Constitution of Uzbekistan recognises the work of teachers and protects their honour and dignity. This is in line with the constitution's emphasis on social guarantees and its commitment to promoting the cultural, scientific, and technical development of society. Teachers play a crucial role in shaping the minds of the younger generation and imparting knowledge, skills, and values that contribute to the advancement of the country. By recognising and protecting the rights and dignity of teachers, the amended constitution helps to elevate their status and improve their working conditions.
The Constitution guarantees the freedom of research and engineering work, which is essential for teachers and academics to carry out their duties effectively. It also ensures that everyone has the right to enjoy cultural benefits, which teachers can utilise to enrich their teaching methods and create a more holistic learning environment for their students. The amended constitution promotes equal rights for men and women, which includes equal opportunities in education and the recognition of the importance of favourable childhood conditions. This benefits teachers by providing them with a more diverse and inclusive student body, fostering a more enriching teaching experience.
In addition, the amended Constitution of Uzbekistan protects the rights of minors, the disabled, and the elderly. This creates a more supportive and inclusive environment for students from diverse backgrounds, enabling teachers to better meet the needs of their students. The constitution also promotes the development of mass media and the freedom to seek, receive, and disseminate information. Teachers can benefit from these provisions by having access to a wider range of resources and information to enhance their lesson plans and stay up-to-date with the latest advancements in their field of expertise.
Overall, the amended Constitution of Uzbekistan recognises the vital role that teachers play in society and seeks to protect their honour and dignity by guaranteeing various rights and freedoms that enable them to carry out their duties effectively. By prioritising social guarantees and cultural development, the amended constitution creates an environment that values the contributions of teachers and seeks to improve their working conditions, ultimately benefiting both the educators and the students they inspire.
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Religious organisations: all religious organisations operating within the law are granted freedom of activity
The Constitution of the Republic of Uzbekistan was first adopted on 8 December 1992, shortly after the country gained independence. This constitution was modified in 2003 and again in 2011, with amendments and addenda introduced. However, in 2023, a proposed constitutional overhaul could significantly benefit religious organisations in the country.
The upcoming referendum will focus on a draft that embodies President Mirziyoyev's vision of a 'New Uzbekistan', emphasising the rule of law, social guarantees, economic reform, political governance, and culture. Notably, the draft places citizens' rights at the forefront, marking a departure from the past when the state came first. This shift towards liberal values is significant for Central Asia and could have a substantial impact on religious organisations.
Article 75 of the draft constitution grants all religious organisations operating within the law freedom of activity. This provision explicitly states that religious organisations and associations shall be separate from the state and equal before the law. The state shall not interfere in the activities of religious organisations, guaranteeing their freedom to operate as long as they follow the prescribed legal procedures.
This freedom of activity for religious organisations is a notable development in Uzbekistan's constitutional history. The original 1992 constitution, adopted after independence from the Soviet Union, was primarily focused on strengthening statehood and organising state bodies. While it ensured citizens' rights and freedoms, it did not fully protect fundamental rights and freedoms in society.
The upcoming constitutional changes aim to address these past shortcomings and prioritise citizens' rights. By granting religious organisations freedom of activity, the amended constitution will enable these groups to operate without state interference, as long as they comply with the law. This provision is part of Uzbekistan's broader commitment to recognising its traditions and culture while engaging with the global community.
In conclusion, the amended constitution in Uzbekistan has the potential to greatly benefit religious organisations by granting them freedom of activity and separating them from state influence. This change reflects the country's shift towards liberal values and its recognition of the importance of protecting citizens' rights and freedoms.
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Frequently asked questions
The amended constitution in Uzbekistan benefits the citizens the most. The amendments increase the state's obligations to society in terms of social privileges, including a guarantee of housing, access to free education, pensions, and access to state healthcare. It also simplifies how central institutions function, making them more efficient.
The main goal of the amendments is to modernise the country, consolidate society, and shift the burden of political legitimacy from power structures to the general public.
The key changes include the introduction of social guarantees, economic reforms, and cultural protections. The constitution also emphasises citizens' rights, including equality for men and women, and the right to appeal any unlawful action by state bodies.
The amended constitution was developed through a referendum, with input from various groups such as academics, legal experts, and youth representatives. It was adopted with the support of 90.12% of voters.
The amended constitution allows President Mirziyoyev to stand for re-election, which was not possible under the previous constitution. This has been a controversial aspect of the amendments, with some believing it is an attempt by the President to retain power.
