Over the years of independence, Uzbekistan has built a solid foundation of national statehood, ensuring the principles of the rule of law and human rights, his life, freedom, honor and dignity, and other inalienable rights enshrined in the Constitution of the Republic of Uzbekistan.
A stable political system has been created that meets modern criteria of democracy and human rights, and legislative, executive and judicial authorities at all levels are actively working. But the most important thing is that respect for the principles of the rule of law and human rights is affirmed in society.
At the initiative of the country's leadership, international human rights standards are being systematically and gradually implemented into national legislation and law enforcement practice. Currently, the norms of more than 80 international documents in the field of human rights and freedoms ratified by Uzbekistan are reflected in national legislation. In October 2020, Uzbekistan became a member of the Human Rights Council, an authoritative intergovernmental body of the UN system designed to ensure the protection of human rights around the world.
In June 2020, Uzbekistan's National Human Rights Strategy was adopted for the first time and is being consistently implemented, providing for the implementation of the recommendations of the UN Human Rights Council and treaty committees.
The Government of Uzbekistan submits timely periodic reports on the implementation of the main international human rights treaties and on follow-up measures to implement the recommendations of treaty bodies.
The adoption of the new version of the Constitution by popular vote served to strengthen the constitutional foundations for ensuring and protecting human rights in the New Uzbekistan.
Amendments and additions to 65 articles have been made to the Constitution, 16 of them are directly aimed at further ensuring guarantees of respect for inalienable human rights and freedoms.
Collective, environmental, information, digital, gender, somatic rights of citizens, as well as the right to development, are enshrined as independent institutions of constitutional and legal protection.
Among the most important innovations in the Constitution are the complete prohibition of the death penalty, the application of the Miranda rule, strengthening guarantees of the rights of the suspect, accused or defendant, reflection of the institution of Habeas Corpus and others.
Progress has been made in ensuring gender equality, reducing the number of stateless persons, eliminating child and forced labor, developing civil society institutions and ensuring freedom of speech. Uzbekistan was the first Central Asian State to create an integrated system of national human rights institutions. Accordingly, article 56 of the Constitution states that the State creates conditions for the organization of the activities of national human rights institutions. For the first time, the Basic Law establishes norms of direct action in matters of ensuring human rights and freedoms, which is a fundamentally new phenomenon in the legal practice of Uzbekistan.
The section of the second Constitution devoted to fundamental human rights and freedoms has been supplemented with 25 novelties that significantly strengthen the existing mechanism and characterize the essence of the Uzbek model of ensuring human rights.
In accordance with article 19 of the Constitution, human rights and freedoms are recognized and guaranteed in the Republic of Uzbekistan in accordance with generally recognized norms of international law and in accordance with this Constitution. Human rights and freedoms belong to everyone from birth.
Article 20 of the Basic Law legitimizes three types of new legal provisions. Article 33 of the Constitution proclaims for the first time that the State creates conditions for providing access to the worldwide Internet information network. Before this presentation, the article records the rights of everyone to seek, receive and disseminate any information.
This norm opens up great prospects for the development and growth of human potential in the present and future, which will give an impetus to the development of ICT, digitalization of many spheres in Uzbekistan.
Article 37 of the Constitution defines for the first time that citizens of the Republic of Uzbekistan have equal rights to access to public service. Free and universal access expands the legal framework of the service without discrimination and restrictions. Article 55 guarantees everyone judicial protection of his rights and freedoms, the right to appeal in court against illegal decisions, actions and inaction of State bodies and other organizations, their officials, restoration of violated rights and freedoms by examining his case by a competent, independent and impartial court within the time limits established by law. The supreme legal force of the Basic Law means the supremacy of its norms over other laws and regulations. The courts are advised to pay attention to the inadmissibility of refusing to apply the norms of the Constitution due to the fact that the relevant laws and other normative legal acts have not been adopted. In cases where its norms, which should be applied in a particular case, contain a reference to another normative legal act, the courts considering the case should be guided by the norms of the Constitution and the law regulating the relevant legal relations.
In order to ensure effective protection of citizens' rights in relations with government agencies, self-government bodies and their officials, it is recommended that the courts verify compliance by these bodies and their officials with the principle of proportionality established by the Constitution when applying measures of legal influence on a person. At the same time, all contradictions and ambiguities in legislation that arise in the relationship between a person and government agencies should be interpreted in favor of a person.
It is recommended to take into account that if the damage caused by illegal decisions, actions or inaction of state bodies or their officials is not reimbursed voluntarily, article 55 of the Constitution guarantees its compensation by the state at the request of the person concerned. The punishment or other measure of legal influence applied to a person guilty of committing an offense must be fair, that is, correspond to the severity of the offense, the degree of guilt and the public danger of his personality.
The logical continuation of this course was the approval of the Strategy "Uzbekistan-2030" by Presidential decree dated September 11. As part of the implementation of the constitutional principles, five main priorities for the long-term development of the country until 2030 have been identified.
In Uzbekistan, the protection of human rights is considered one of the advantages of cooperation with the United Nations. Our country is taking initiatives in the field of human rights protection and international cooperation, including to improve policies in the field of increasing the role of women in the political, public and business life of the country.
Attention is paid to the protection of the rights of persons with special needs. A new Law "On the Rights of persons with disabilities" has entered into force. Parliament has ratified the Convention on the Rights of Persons with Disabilities. Uzbekistan proposes to create a Regional council on self-realization of people with disabilities.
The initiative to adopt an International Convention on the Rights of Youth, put forward by the President of Uzbekistan from the high rostrum of the UN General Assembly, is supported by the international community. The Head of State also put forward a proposal to establish the post of Special Rapporteur on youth rights.
Uzbekistan actively participates in the UN World Human Rights Education Program. A National action Programme is being implemented to implement the provisions of the UN Declaration on Human Rights Education and Training. In order to develop the human rights education system, a contribution is being made to the United Nations Voluntary Fund in the Field of Human Rights.
Our country pays priority attention to deepening reforms in the judicial and legal sphere, as a result of which concrete measures have been taken to implement international standards in the field of judicial independence and the protection of the right to a fair trial. The recommendations of the UN Special Rapporteur on the independence of judges and lawyers are being implemented.
In order to ensure the independence of the judiciary, resolve issues of selection and appointment of judicial personnel, the President of Uzbekistan proposed to the UN Human Rights Council to consider the development of international principles on the status and activities of judicial councils.
The fight against torture is a priority area of judicial and legal reforms in Uzbekistan. Work has begun on the implementation of a national preventive mechanism for their prevention.
Uzbekistan intends to ratify the Optional Protocol to the Convention against Torture. The creation of a regional human rights mechanism in the Central Asian region is also being initiated. In this regard, a permanent platform has been created — the Samarkand Forum on Human Rights.
Uzbekistan makes a significant contribution to the realization of human rights in all its measures in the international arena. The country is reaching a new level of its development as a subject of international law and initiates the conclusion of international treaties, an active participant in international norm-setting.
Large-scale reforms and transformations are being carried out in the New Uzbekistan, including in the field of ensuring human rights and freedoms, respect for honor and dignity. Their results can be seen in the high milestones achieved in recent years, the improvement of the welfare of the people, and the growth of the country's authority on the world stage.
Bahodir Ismailov,
Head of the Sector of the Institute of Legislation and Legal Policy under the President of the Republic of Uzbekistan, Doctor of Law, Professor.