In New Uzbekistan, the rights of citizens are protected by the Constitution

In New Uzbekistan, the rights of citizens are protected by the Constitution

Currently, more than 80 international human rights and freedom documents ratified by Uzbekistan are incorporated into national legislation. In June 2020, the country adopted its first National Human Rights Strategy, which is being implemented consistently. The strategy provides for the implementation of recommendations from the UN Human Rights Council and its treaty committees.

When developing the National Strategy, not only expert opinions were considered, but also those of the general public and international organizations. Uzbekistan maintains active and constructive dialogue with UN charter bodies, treaty bodies, and specialized agencies.

The government regularly submits reports on the implementation of major international human rights treaties and on follow-up actions to implement recommendations from treaty bodies (41 reports have been submitted so far).

The large-scale reforms that are being implemented are changing people's lives, their worldviews, and lifestyles. The adoption of the new version of the Constitution of the Republic of Uzbekistan by popular vote through a referendum on April 30, 2023 has served to strengthen the constitutional foundations for ensuring and protecting human rights in New Uzbekistan.

65 articles have been amended and supplemented in the Constitution, 16 of which directly aim to further ensure guarantees of respect for human rights and freedoms.

For the first time, Article 54 of the Constitution establishes a norm declaring that "ensuring human rights and freedoms is the highest goal of the state."

The updated Constitution has significantly expanded the scope of constitutional protection for human rights. This includes the rights of women, minority groups, the elderly, people with disabilities, young people, children, entrepreneurs, property owners, civil servants, teachers, prisoners, defendants, convicted persons, witnesses, victims of crime, compatriots, religious ministers, representatives of civil society organizations, employees, and employees of judicial and law enforcement agencies.

Collective, environmental, informational, digital, gender-based, and somatic rights of citizens are now recognized as independent institutions of constitutional and legal protection, alongside the right to development. Among the most significant innovations in the new Constitution are the total abolition of the death penalty, implementation of the Miranda rule, strengthened guarantees for the rights of suspects, accused, and defendants, and the introduction of the Habeas Corpus principle.

The new Constitution also enshrines internationally recognized norms that are further developed and elaborated in sectoral laws, such as civil, labor, family, and criminal codes.

There is a process of integrating legislation into the country's legal system, updating it based on new principles aimed at promoting market economy development, civil society formation, and the establishment and strengthening of the legal and social state.

Uzbekistan, as a full member of the international community, has wide-ranging opportunities in the areas of lawmaking and protection of human rights. One of the main priorities of the state is the issue of incorporating international standards into the national legal system.

The Republic has made progress in ensuring gender equality, reducing the number of stateless people, eliminating child labor and forced labor, and developing civil society institutions, as well as ensuring freedom of expression. For example, key guarantees for the rights and legitimate interests of suspects, accused, and defendants are enshrined in current criminal procedural legislation regarding the stages of inquiry, preliminary investigation, and trial. Additionally, state bodies and officials involved in criminal proceedings have been assigned additional tasks and responsibilities.

Uzbekistan was the first among the Central Asian countries to establish an integrated system of national human rights institutions. This system includes the Commissioner of the Oliy Majlis (Parliament) for Human Rights, the Commissioner for Children's Rights and the Presidential Commissioner for the Protection of Business Interests. There is also a National Center for Human Rights in Uzbekistan.

According to Article 56 of the Uzbek Constitution, the state creates conditions for these institutions to function. This is a significant development in Uzbek law, as it establishes direct standards for ensuring human rights and freedoms.

The section of the Constitution dedicated to fundamental human rights and freedoms has been expanded with 25 additions that significantly strengthen the existing mechanisms and characterize the essence of the Uzbek approach to ensuring human rights. Thus, according to Article 19 of the Constitution, "human rights and freedoms are recognized and guaranteed in the Republic of Uzbekistan, in accordance with the universally recognized norms of international law and this Constitution.

These rights and freedoms apply to everyone from birth." Article 20 of the Basic Law establishes three new institutions. Firstly, "human rights and freedoms have direct effect and determine the substance and content of laws, the activities of state bodies, and the self-government of citizens and their officials". Secondly, "measures of legal influence applied by state bodies must be based on proportionality and sufficient to achieve the goals set out by law".

And thirdly, "all contradictions and uncertainties in legislation arising from the relationship between individuals and government agencies must be interpreted in favor of individuals". Article 33 of the Constitution states for the first time that "the state creates conditions for internet access". Previously, the article had recorded the right of everyone to seek, receive and disseminate information.

The use of the World Wide Web is a vital necessity in today's world, considering the close integration and global trends of global development. This technology will open up numerous opportunities for the growth and development of human potential both now and in the future.

This, in turn, will provide a significant boost to the advancement of ICT and digitalization in various spheres in Uzbekistan. Article 37 of the Constitution, for the first time, defines that citizens of the Republic of Uzbekistan have equal rights to access public services. Free and universal access to these services expands the legal basis for services without discrimination and restrictions.

In recent years, Uzbekistan has adopted laws and created a special body as an implementation mechanism to ensure competitive and open access to various government positions.

Article 55 of the Constitution guarantees everyone the judicial protection of their rights and freedoms, including the right to appeal against illegal decisions, actions, or inactions of state bodies, organizations, and their officials, as well as the restoration of violated rights and freedoms through a competent, independent, and impartial court within the timeframes set by law.

To implement this provision, Resolution No. 16 of the Plenum of the Supreme Court of the Republic of Uzbekistan on some issues related to the direct application of constitutional norms in the administration of justice was adopted on June 23, 2023. This resolution emphasizes the supreme legal force of the Constitution, which means the supremacy of its principles over other laws and regulations.

In this regard, courts are encouraged to carefully evaluate the content of any law or other regulatory act that may be relevant to the legal issues under consideration, and to apply the principles and norms of the Constitution directly with supreme legal authority.

The courts should be aware of the inadmissibility of disregarding constitutional provisions, even if there are no specific laws or regulations that address the issue. In such cases, the Constitution should be considered the highest source of law. When the Constitution contains references to other laws, the courts should apply the Constitution and the relevant laws or regulations to the specific case being considered. In order to ensure effective protection of citizens' rights, courts are encouraged to verify whether government agencies and officials comply with the principle of proportionality when applying measures of legal influence.

Any contradictions or ambiguities in laws that arise in relationships between individuals and government agencies should be interpreted in favor of the individual. Additionally, it is important to note that if the damage caused by illegal decisions, actions, or omissions of state bodies or their employees is not voluntarily compensated, Article 55 of the Constitution guarantees its compensation by the state upon the request of the affected person. At the same time, any penalty or other legal measures applied to a person guilty of a crime should be fair and correspond to the severity of the crime, the level of guilt, and the public danger posed by the perpetrator.

In order to ensure the desire of our people to create a free, prosperous and strong New Uzbekistan, where every citizen has all opportunities to realize their potential, we have adopted the Strategy "Uzbekistan - 2030" by the Decree of the President of the Republic of Uzbekistan No. UP-158, dated November 9, 2023. This strategy aims to educate a healthy and spiritually developed generation, form a strong economy, and ensure justice, rule of law, security, and stability.

As part of the implementation of the constitutional priorities, the concept identifies five main priorities for the long-term development of the country until 2030. These include creating decent conditions for the realization of each person's potential, ensuring the well-being of the population through sustainable economic growth, preserving water resources and protecting the environment, upholding the rule of law, and organizing public administration with a focus on serving the people. Additionally, it emphasizes the importance of continuing the policy based on the principle of a "safe and peaceful state".

In Uzbekistan, the protection of human rights is one of the top priorities in our cooperation with the United Nations. We highly appreciate the efforts of the UN Human Rights Council and the Office of the High Commissioner for Human Rights in strengthening the protection of human rights worldwide.

In addition to strengthening our own human rights protection mechanisms, we also take initiatives in the field of international cooperation and human rights. One of our most significant initiatives is the improvement of policies to increase the role of women in political, public, and business life. As a result, we have adopted laws on gender equality and protecting women from violence and harassment.

We also pay great attention to the rights of people with special needs, and in this regard, we have recently adopted a new law on the rights of disabled people. The Uzbek Parliament has ratified the UN Convention on the Rights of Persons with Disabilities, and Uzbekistan is proposing to create a regional council on the self-fulfillment of people with disabilities.

The initiative to adopt an international convention on the rights of youth, put forward by the president of Uzbekistan at the UN General Assembly, has been supported by the international community. Additionally, the president has proposed the establishment of a special rapporteur position for youth rights. In 2024, the law on the commissioner of the Oliy Majlis for children's rights (children's ombudsman) was adopted. Uzbekistan actively participates in the UN's World Human Rights Education Program, and a national action plan is being implemented to carry out the provisions of the UN Declaration on Human Rights Education and Training. To develop the human rights education system, Uzbekistan contributes to the UN Voluntary Fund for Human Rights.

Uzbekistan places priority on deepening reforms in the judicial and legal spheres. As a result, specific measures have been taken to implement international standards for judicial independence and protection of the right to a fair trial.

Recommendations from the UN Special Rapporteur on Judicial Independence and Legal Aid are being implemented. In order to ensure the independence of the judicial system, address issues related to the selection and appointment of judges, the President of Uzbekistan has proposed to the United Nations Human Rights Council the development of international principles for the status and functioning of judicial councils.

Combatting torture is a top priority in judicial and legal reform in Uzbekistan. Efforts have been made to implement a national preventive mechanism to prevent torture. As a result of these measures, the number of prisoners held in detention facilities has decreased almost three-fold.

Uzbekistan intends to ratify the Optional Protocol to the Convention against Torture. The issue of the expediency of ratification of the UN Conventions on the Status of Refugees of 1951 and its Protocol of 1967, the Status of Stateless Persons of 1954 and the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990 is being considered.

Uzbekistan is also taking steps to create a regional human rights mechanism in the Asian region, and in this regard, it has created a permanent platform - the Samarkand Forum on Human Rights.

The international community has positively assessed Uzbekistan's achievements in the field of human rights, and as a result, on October 13, 2020, Uzbekistan was elected to the UN Human Rights Council for the first time for a three-year term (2021-2023). In November 2021, the permanent representative of Uzbekistan to the United Nations in Geneva was appointed as one of the four vice-chairpersons of the Human Rights Council for 2022.

On May 29, 2024, during the 40th session of the States Parties to the International Covenant on Civil and Political Rights, the representative of Uzbekistan, director of the National Centre for Human Rights, Academician A. Saidov, was elected to the UN Human Rights Committee for a three-year term (2025-2028).

The active participation of Uzbekistan as a member of the UN Human Rights Council is evident through its close cooperation with the High Commissioner for Human Rights and Special Rapporteurs on human rights issues. To this end, a presidential decree was adopted on May 12, 2023, titled "On the widespread celebration of the 75th anniversary of the Universal Declaration of Human Rights".

The document expressed support for the initiative of the UN Secretary-General, "Call to Action for the Protection of Human Rights", and the continuation of the consistent and strict implementation of international obligations assumed by the Republic of Uzbekistan in the field of human rights. It also emphasized the importance of upholding the principles and norms of the Universal Declaration of Human Rights to improve the organizational, legal, and legislative measures aimed at the reliable protection of human rights and freedoms.

The UN noted the specific measures that Uzbekistan has taken, such as the eradication of child labor and forced labor, the fight against domestic violence, the empowerment of women and girls, and ensuring gender equality. It also praised the efforts to improve the situation of vulnerable populations and foster an open dialogue on all aspects of the UN's human rights agenda.

As can be seen, significant reforms and transformations are taking place in New Uzbekistan, including in the area of ensuring human rights and freedoms and respect for the honor and dignity of individuals. The results of these efforts can be seen in the significant milestones achieved in recent years, such as improvements in the well-being of the people and the growing authority of the country on the international stage.

The practical implementation of the state's humane policies can be seen through updates not only in the protection of human rights and freedoms but also in other areas. Reforms and democratic changes implemented in state building, socio-political, socio-economic, and humanitarian sectors, as well as the growth of well-being and quality of life for the population, all contribute to ensuring human rights and interests at a high level. Uzbekistan makes a significant contribution to the realization of human rights through its various measures on the international stage. The country has reached a new level in its development as an actor in international law and has initiated the conclusion of several international treaties. It actively participates in international standard-setting processes.

Professor Ismailov B.I.

head of the Legislation Sector in the Field of International Relations at the Institute for Legislation and Legal Policy under the Presidency of the Republic of Uzbekistan, Doctor of Law