Information on constitution reforms in Uzbekistan disseminated at UN
17/12/2014 15:56
Information on constitution reforms in Uzbekistan disseminated at UN
17/12/2014 15:56
Tashkent, Uzbekistan (UzDaily.com) -- Information materials “The development of parliamentarism in Uzbekistan” and “Constitution of Uzbekistan: 22 years” were disseminated as an official document at the 69th session of the UN General Assembly at the headquarters of the UN in New York.
Elections to the legislative chamber (the lower house of parliament) of the Oliy Majlis and provincial, district and municipal kengashi (councils) of people’s deputies will be held in the Republic of Uzbekistan on 21 December 2014.
Ever since Uzbekistan became independent, the democratization of all areas of society has been occurring in a phased and vigorous way, as have an increase in the political and national awareness of the public and a regeneration of democratic values. The democratic rule of law and an open civil society are systematically evolving and taking shape.
In the years since independence was achieved, there have been systematic and consistent measures to reform civil society and make it more open: a bicameral parliament has been established and is operating effectively; robust legislative activity is ongoing; the judicial system is being liberalized; and non-governmental, not-for-profit organizations and other civil society institutions are receiving support to strengthen their role in the democratization of national civic life and the development of the State.
Consistency and a gradual approach are characteristic of the development and emergence of parliamentarism in Uzbekistan. That parliamentarism reflects the mindset and cultural traits of our people, which include a propensity for enlightenment, scholarship, justice and respect for the law, with moral and spiritual values receiving pride of place.
The history of the development of parliamentarism in Uzbekistan falls into several phases.
Phase 1 (1991-2004): the emergence of a unicameral parliament. During this period, the legislative foundation was laid for the transition to the current system of parliamentarism, and the Constitution, the constitutional law on the Oliy Majlis of the Republic of Uzbekistan and electoral laws for representative bodies were adopted. The legal foundation for the transition to a bicameral parliament was laid, a national referendum was held, amendments and additions were made to the Constitution, three constitutional laws and laws on the regulations of the Oliy Majlis were adopted, and the electoral laws were changed and amended.
Phase 1 of parliamentary development featured the following aspects:
First of all, a stable constitutional order took shape, all government bodies were established and they began operating within a legal framework;
Second, in the economic sphere, equality of all forms of ownership, including private ownership, was established, as was the freedom to engage in entrepreneurial activity. National legislation provided the necessary conditions and guarantees for the development of socially oriented market relations. Stable economic development was the goal not only of the State, but of civil society as well;
Third, in the political sphere, in keeping with the strictest possible measures of legal statehood, the Constitution ensured an appropriate degree of liberty and democracy. Political and ideological pluralism took root, as did freedom of speech and information: all of the personal and political rights and liberties generally acknowledged by the international community were extended to the citizenry;
Fourth, in the sphere of State-building, a system of government bodies was organized in a balanced way, based on the principle of the division of powers as the crucial feature of the rule of law.
Phase 2 (since 2005): the emergence of a bicameral parliament. The political, legal and other conditions actually needed to make the transition to a professional parliament came together: there emerged a numerically sufficient pool of professional politicians and lawmakers ready to engage in professional activity; national parliamentary traditions took root; a multiparty system came into being, as did the features of modern parliamentarism; a constituency with the appropriate degree of political sophistication emerged; and the necessary legal framework for the transition to a bicameral parliament also took shape.
Phase 2 of parliamentary development featured the following aspects:
First, a strengthening of the role and influence of the legislative branch, based on national and regional interests;
Second, increased participation by political parties and civil society institutions in government decision-making, and heightened prestige and importance for non-governmental organizations carrying out public oversight over the work of government bodies;
Third, thoroughgoing reforms designed to liberalize the legal and judicial system and make it more humane, including eliminating the death penalty and boosting the independence and effectiveness of the judicial branch, as well as introducing habeas corpus and strengthening the role of the legal profession;
Fourth, a broad campaign to increase public understanding of human rights.
The establishment of a bicameral parliament in Uzbekistan is part and parcel of creating an independent rule of law based on the constitutional principle of the division of powers.
Phase 3 (since 2011) of parliamentary development in Uzbekistan got under way with the implementation of the Framework to extend democratic reform and promote civil society in the country, proposed by the President of Uzbekistan, Islam Karimov, at a joint session of the Legislative Chamber and the Senate of the Oliy Majlis, along with two laws amending and supplementing specific articles of the Constitution. The President’s constitutional initiatives did the following:
First of all, they launched a new phase in constitutional and parliamentary reforms designed to establish a clear-cut, systematic legal mechanism to distribute powers among the President, who is the Head of State, and the legislative and executive branches. The initiatives injected new life into the evolution of the State, making it possible to enact the constitutional principle of the division of powers and establish an effective system of checks and balances among the various branches of government;
Second, they provided a logical extension to and strengthened the role of the Head of State in ensuring coordinated operations of and interaction among government bodies;
Third, they expanded the role of the chambers of the Oliy Majlis within the network of government bodies, as well as their rights and powers to carry out strategic domestic and foreign policy missions, and strengthened the operations of the higher legislative body and the representative bodies of the Government with regard to oversight over the work of the Cabinet of Ministers and executive bodies, with the Oliy Majlis now authorized to issue motions of no confidence in the Prime Minister;
Fourth, they introduced new, cutting-edge democratic principles governing nomination and confirmation procedures for the post of Prime Minister and regular reporting duties for the Prime Minister to the parliament on current national issues of socioeconomic development;
Fifth, they established a constitutional procedure for the nomination of the Prime Minister by the political party that wins the parliamentary elections, or by several political parties tied for first place in the number of seats won. This has strengthened the multiparty system and elevated the role of the political parties in shaping government bodies, both in the capital city and across the country, as it has the political sophistication and social and legal awareness of the public and its robust participation in lively democratic processes at the community and government levels. These constitutional and legal mechanisms have fundamentally changed the role and position of the political parties in shaping the bodies of representative and executive government and in oversi ght of those bodies’ activities;
Sixth, they have expanded grass roots participation by the public, non-governmental, not-for-profit organizations, the mass media and other civil society institutions in national civic and public life and opened up opportunities to develop and enhance community oversight over the work of governmental bodies.
For a country where it was necessary to forge the legal framework anew, and where political, legal and parliamentary awareness were weak, the development of a parliament has been a major political event. Since Uzbekistan became an independent nation, tremendous work has been done in the legislative sphere to lay the legal groundwork for statehood, a market economy, the social sphere, the political system and an open civil society. The parliament has now been institutionalized: it has proven itself, not only as a political institution, but also as a legal one. Parliamentarism has put down deep roots in the political life of Uzbekistan.
The second document said on 8 December, Uzbekistan will celebrate the twenty-second anniversary of its Basic Law: the Constitution.
Over the past years, successive constitutional reforms of the country’s public administration have established a solid legal foundation for democratic development and a free civil society.
Human rights and freedoms are accorded the greatest value under the Constitution, and a wise legal framework has been crafted on that basis to govern the relationship among the citizen, the State and society.
An important step was taken when a number of laws were enacted to further improve the activities of the bicameral parliament and give deputies at all levels and from all political parties a greater role in reviewing and adopting laws and regulations, with the result that no document can now be adopted without taking into account the views and proposals of parliamentary groups.
The parliament of Uzbekistan has adopted 16 codes and more than 700 laws, and has ratified over 80 international human rights instruments.
Under our Constitution, the organization of the government and the conduct of its work are based on the principle of power-sharing. The legislative, executive and judicial branches of government uphold the principle of separation of powers.
Substantive work has been done to further improve the legal and judicial system and to establish an independent judiciary. This includes the following specific steps:
- Specialized criminal, civil and commercial courts have been established. A mechanism has been set up for the selection of qualified judicial personnel.
- A special body — the High Commission on Qualifications — has been established to select judges and make recommendations on their appointment for service under the President of Uzbekistan.
- In 2008, the death penalty was abolished and the power to authorize detention was transferred from the prosecutors to the courts.
- Based on the principle of generosity and humanism, the penalties of life or long-term imprisonment are imposed instead of the death penalty. Life imprisonment is the maximum penalty and consequently it is used to punish only two types of crime: premeditated murder with aggravating circumstances and terrorism. In Uzbekistan, these penalties are not applied to women, persons who were under the age of 18 at the time of the offence, or men over 60.
- Around 75 per cent of criminal offences previously classified as serious or especially serious offences have been reclassified as minor or less serious offences.
- Alternative, non-custodial forms of punishment have been introduced. Penalties involving deprivation of liberty have been removed for 26 criminal offences.
- The legislation defining the elements of 53 criminal offences now includes a reconciliation process based on national values.
- The time limits for preliminary investigation and detention have been shortened significantly and specific time limits have been stipulated for the consideration of cases by the courts.
- Non-custodial penalties have been stipulated for offences involving damage to property resulting from economic crimes.
- The “Miranda rule” has been set out in legislation. An individual is entitled to receive legal services from the moment he or she is put in detention. The independence of the legal profession and qualified defence counsel are guaranteed.
The application of humanist ideology to criminal legislation and law enforcement has had a positive impact in stabilizing the sociopolitical situation and criminality in Uzbekistan.
It is particularly important to highlight that the social policy implemented by Uzbekistan in recent years has significantly enhanced the standard and quality of life of the Uzbek people.
In 2013, real income increased by 16 per cent, while average monthly salaries, pensions, social security benefits and education grants increased by 20.8 per cent.
The average pension in Uzbekistan is currently 37.5 per cent of the average monthly wage. That figure is slated to rise to 41 per cent this year.
The ongoing introduction of carefully considered reforms of this kind is clearly an important step towards the implementation of our guiding principle: “From a strong State to a strong civil society ”.
The Uzbek Constitution provides a solid legal basis for the protection of citizens’ rights in the areas of health, education and ownership.
A unified system of free, high-quality health care that meets the highest international standards has been established.
It should be noted in particular that as a result of large-scale measures to protect people’s health by equipping the health system with the latest technology and further strengthening disease prevention, average life expectancy in Uzbekistan had increased from 66 to 73.5 years overall, and for women to 75 years.
Under a national programme, a system of 12 years of free and compulsory education based on a pattern of nine years plus three years has been introduced.
The primary feature of this model is that after receiving nine years of general education, students study for three years in specialized academic high schools and vocational colleges. In addition to knowledge of the standard disciplines taught in these institutions, each graduate develops specialized knowledge in two or three areas that are in demand in the labour market.
More than 1,500 new academic high schools and vocational colleges have been built for this purpose. Institutions of higher learning operate in accordance with national and international educational standards.
According to the World Bank, the level of literacy in Uzbekistan is among the highest in the world, at nearly 100 per cent.
Currently, more than 1,800,000 children — 1.4 times as many as in 2003 — participate regularly in over 30 sports in Uzbekistan. It should be noted that 1,113 children’s sports facilities have been built in the past 10 years.
According to the United Nations, more than 35 per cent of the State budget of Uzbekistan is allocated to education.
The gains achieved over the past 23 years of independent development give a clear picture of the tremendous changes that have occurred in our Republic. During this period, the Uzbek economy has grown by a factor of 4.1.
The continuous improvement of the legal and regulatory framework and the creation of the necessary conditions for the liberalization of society and the business environment have played an important role in promoting the steady and sustainable development of our economy and raising the standard of living.
The legal foundation for that achievement was, first and foremost, the guarantees enshrined in the Constitution to support small businesses and private enterprise. In the past year alone, more than 26,000 small businesses started up in Uzbekistan, bringing the total to 190,000 by the end of the year.
Small businesses account for 23 per cent of industrial production, almost all market services produced, 18 per cent of exports and 75 per cent of employment in the different sectors of the economy.
Efforts are ongoing to reduce the disparities between rural and urban areas. As part of the effort to improve the living standard of our people, the construction of comfortable housing with all the conveniences has become standard practice in rural areas. Over the past four years, more than 23,000 houses and upwards of a thousand pieces of social infrastructure have been built in 159 rural settlements. By the end of this year alone, over 10,000 standard-model individual houses will have been completed.
More than 8,000 non-governmental non-commercial organizations are currently operating in Uzbekistan. Over the past three years, the amount of funding allocated by the public Fund for the support of non-governmental non-commercial organizations and other civil society institutions accredited to the Oliy Majlis (parliament) of Uzbekistan has doubled.
There are national cultural centres for the more than 140 nationalities and ethnicities in our country. These centres are making a valuable contribution to the preservation, promotion and strengthening of the culture, language, traditions and customs of those nations.
An organizational and legal foundation for strengthening the media has been established. As a result, in the past 10 years, the number of print and electronic media outlets has increased 1.5-fold and sevenfold, respectively, bringing the total to more than 1,300. Eighty-seven per cent of those outlets are non-State television and radio channels.
The independent path to development followed by Uzbekistan, based on its rich history and national values, is deserving of international recognition and will earn it a prominent place in the international community.
There is no question that a State’s constitution is a reflection of its authority and status. In this sense, our Basic Law, which reflects the will and spirit, the conscience and culture of the people, serves as a solid foundation for the bright future facing the many nationalities and ethnicities living side by side in Uzbekistan as one family.
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