Berlin correspondents office
Berlin (ots)
Uzbekistan adopts a new constitution that strengthens the country as an independent, sovereign, democratic, constitutional and secular republic. This will be decided in a nationwide referendum on April 30th.
More than half of the text that describes the basic principles of the state and its relationship to the citizens will be rewritten. The draft constitution is the result of a long and wide-ranging dialogue between government agencies and society. The Uzbeks had submitted more than 220,000 proposals through an online portal called “My Constitution”, as well as through a special call center and a Telegram bot.
The state of Uzbekistan is setting new priorities. Whereas it used to be the state that determined everything, with the new constitution the citizens and their well-being are the top priority. The state serves the citizen. And no longer the citizen of a state that regulates everything. That’s how it used to be. Now every inhabitant of the country should be able to say: This is my constitution.
For more than 30 years, Uzbekistan has been a sovereign state that emerged from the former Soviet Union. The legacy of this period endured for a long time, including in the constitutions of the successor states. So far, the focus has been on the idea that the citizen should serve the state. But times have changed. Now, in the midst of the transformation to democracy and a market economy, the state of Uzbekistan is giving its residents a new position. The resident becomes a citizen.
The new constitution shows the changes that affect almost all areas of life. The fact that borders are also imposed on the state is outstanding. He may only intervene in people’s lives within the framework of the constitution. It limits the state in its options for action and emphasizes respect for human rights, personal rights and freedoms. For the first time in the new constitution, citizens are given the right to free personal development. It is only limited by the constitutional rights to safeguard public order, public health and public security. The constitution also protects citizens living abroad.
If a citizen is arrested, he must be informed of his rights. In this respect, too, the state now respects the personal rights of its citizens before it can exercise its power as an actor. Anyone who has committed an offense has the right to remain silent and to be accompanied by a lawyer – at every stage of an accusation.
Arrests and periods of imprisonment may only be made by court order. If this is the case, the arrested person is still entitled to private correspondence, private telephone calls and other personal communication. No one may be deprived of their liberty for more than 48 hours without a court order.
Here, too, there is an important point that was regulated differently in the past. It can be critically noted that the prerequisite for this is an independent judiciary. Installing and maintaining them is one of the tasks that the new constitution regulates extensively.
For the first time, an accused is now considered innocent until the act and thus guilt is proven. So in case of doubt for the accused – “in dubio pro reo” or “presumption of innocence”. Those who are accused must be informed of their rights and asked whether they understand the accusation and the legal instructions. The procedure is thus similar to the models in the USA, Great Britain, France and Germany. The death penalty has been abolished.
A new chapter is the protection of personal data. As in other countries, a new consciousness has also developed in Uzbekistan. The Internet, with its positive but also its downsides, has meant that the constitution is intended to protect citizens and their data. Here, as in many other countries, this difficult chapter is still one that is in place but is still being implemented, just as technical progress is constantly bringing innovations that require legal regulation. The basis for this has been created in the new constitution.
The right to freedom of movement and self-determination of one’s place of residence and work has a firm place in the catalog of innovations. This may seem obvious, but other models are known from China or Russia. Here, too, it is clear that the state now intervenes less and gives priority to the citizen.
Forced labor and child labor are prohibited. Uzbekistan has been criticized for both in recent decades. But the campaign in the cotton industry shows how effective the relevant reforms were. The successful measures are seen as a role model for countries where attempts to curb child labor have remained half-hearted.
The new constitution provides special protection for children. Their well-being, their physical and mental development in accordance with the values of society and the state are emphasized. They should be proud of their country’s heritage and traditions.
This also includes the protection of nature and the environment. While many states are still hesitating, Uzbekistan has already included nature and environmental protection in its constitution.
Every citizen of Uzbekistan has the right to free education. Higher education should also be free, but competitive. Higher educational institutions such as universities are allowed to administer themselves and research and teach with academic freedom. They will also regulate the finances themselves in the future. The guiding hand of the state is no longer provided. Uzbekistan is thus adopting international standards that give researchers and teachers new opportunities.
The role of educators and teachers is recognized in the new constitution as fundamentally important for society. It is said that it promotes a country’s spiritual and cultural potential. Accordingly, these professions are valued, which should also be expressed in material terms. The appreciation even goes beyond what Germany and many other countries have written into their constitution.
Uzbekistan is thus taking up its old tradition as a country that attaches great importance to education. In the Middle Ages, Tashkent and Samarkand were the cities with the world’s most important scholars.
The importance of education for the development of the state can be seen in many countries. The economy can prosper if there is enough investment, but also enough ideas and educated people. The constitution sets new impulses for the economy: the state should ensure a good economic climate so that the exchange of goods can develop. At the same time, there should be no monopolies; the state reserves the right to take measures in these cases.
It is important for the exchange of goods at home and abroad that foreign policy creates good conditions for this. The main features of the new, balanced foreign policy geared towards good neighborliness were already apparent after President Mirziyoyev took office in 2017: he established good relations with all neighboring countries and ended years of differences. A multi-vector orientation, peace and respect for the territorial integrity of other states are among the cornerstones of foreign policy.
Reforms in the judiciary started in 2017. An independent and autonomous Supreme Court was installed, which accompanies and strengthens the basic features of the constitution, the independence of judges and courts and democratization in the country. Each of the elected highest judges holds office for ten years. Re-election is not permitted.
The innovations in the judiciary are very extensive. They aim for an independent judiciary, based on the new constitution and laying the foundations for a modern democratic state.
New standards, a state guarantee for freedom of the press and freedom of expression, openness and transparency in all state developments and decisions are intended to raise the dialogue between society and the state to a new level.
The new constitution strengthens the reforms that have been ongoing since 2017 and lays the foundation for the new Uzbekistan. The focus is on the citizen, who can contribute more to developments in the state on a stable legal basis. The constitution offers him new opportunities for initiatives and direct influence on important decisions. The draft constitution, which the citizens of Uzbekistan will vote on in a nationwide referendum on April 30, is considered a major milestone.
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Original content from: Berliner Korrespondentenbüro, transmitted by news aktuell
