The Rule of Law Centre has partnered with various Uzbek institutions over two years to support extensive reforms since 2016. In 2023, a new constitution was adopted aiming for a democratic and rule-based society, although it displays flaws such as un-elected governors and potential power consolidation under President Mirziyoyev. With a gradual improvement noted in rule of law indices, the journey towards genuine democracy and civil rights continues to face challenges.
The Rule of Law Centre (ROLC) has established partnerships in Uzbekistan over the past two years, working with notable institutions such as Tashkent State University of Law, the Ombudsman, the Ministry of Justice, and the Anti-Corruption Agency. Since 2016, Uzbekistan has undergone extensive reforms, and the Centre has been instrumental in supporting these efforts by organizing Rule of Law Clinics in both Helsinki and Tashkent, collaborating with experts across various legal and governance fields.
In 2021, the Uzbek translation of “Why Nations Fail?” by Daren Acemoglu and James Robinson resonated with many in Tashkent. The book’s analysis of the relationship between institutions, economy, and democracy suggested that a nation’s progress is dependent on its institutional framework. Some Uzbek officials expressed the belief that the book should serve as guidance for public servants in shaping national policies and reforms.
Since the passing of former President Islam Karimov in 2016 and the transition of leadership to President Shavkat Mirziyoyev, several reforms have been initiated. President Mirziyoyev emphasized market reforms and expanded economic opportunities while acknowledging the persistent autocracy and corruption within the political system. In December 2022, he characterized Uzbek governance as one of “manual control”, indicating a lack of institutional rule.
To address these challenges, a new constitution was adopted on May 1, 2023, following a referendum described as “well prepared and widely promoted” by OSCE observers, though lacking true pluralism. The 155-article constitution positions Uzbekistan as a democratic, secular state governed by the rule of law, affirming the importance of human rights and social welfare within the society.
However, the new constitution contains flaws that warrant attention, such as the appointment rather than election of local governors. Additionally, initial drafts sparked protests in Karakalpakstan over concerns regarding regional sovereignty, ultimately leading to the inclusion of guarantees for autonomy in the final version.
Concerns about the concentration of power were also raised, as President Mirziyoyev’s re-election was facilitated by constitutional changes allowing extended terms. The President may now remain in office until 2040, raising scrutiny about potential authoritarian tendencies. Despite these issues, the new constitution represents significant progress in Uzbekistan’s ongoing reform journey.
International evaluations, including the World Justice Project’s Rule of Law Index, indicate gradual improvements in Uzbekistan’s rule of law, with a score of 0.49 in 2024, surpassing several neighboring nations. The country has made strides in order and security, while areas like open governance and constraints on government power are still weak, reflecting the legacy of past authoritarian governance.
While the new constitution guarantees provisions for democracy, civil society, and media freedom, actualizing these rights remains a challenge in practice. Critics have highlighted ongoing restrictions on journalists and activists, underscoring the need for genuine democratic practices. Addressing these issues will be crucial for establishing rule of law and true equality amongst citizens in Uzbekistan.
Overall, Uzbekistan is persistently advancing comprehensive governmental, economic, and political reforms. The Rule of Law Centre aims to support this evolution by sharing Finnish expertise without imposing pre-determined solutions, fostering long-term partnerships with various Uzbek institutions. Through the cooperation and challenges ahead, ongoing dialogue and expert assistance can facilitate necessary changes, contributing to collective progress and the realization of the constitutional framework.
The recent constitutional reform in Uzbekistan signifies a pivotal moment in its journey towards establishing a robust rule of law and democratic governance. While considerable strides have been made, particularly in formalizing rights and enhancing governance structures, critical challenges remain in ensuring the genuine implementation of democratic practices. The collaborative efforts of local and international stakeholders, exemplified through the work of the Rule of Law Centre, will be essential in addressing these challenges to foster a just and prosperous society for all citizens.
Original Source: www.helsinki.fi
