The article examines the Rule of Law Centre’s engagement in Uzbekistan, highlighting efforts towards constitutional reform and the challenges faced. The newly adopted constitution aims to establish a democratic framework, yet issues regarding autocratic governance and citizen rights persist. Indexes indicate gradual improvements in rule of law, emphasizing the need for ongoing reforms to achieve genuine democracy.
The Rule of Law Centre has been actively engaged in Uzbekistan for nearly two years, collaborating with various entities such as Tashkent University, the Human Rights Ombudsman, and the Ministry of Justice. Since 2016, Uzbekistan has experienced significant reforms, and the Centre aims to assist in this undertaking. In 2024, the Centre organized 14 Rule of Law Clinics, facilitating discussions among experts in fields such as anti-corruption and constitutional reform.
The translation of the book “Why Nations Fail?” by Daren Acemoglu and James Robinson into Uzbek in 2021 has had a profound impact. The authors explore the connection between institutions, democracy, and economic success, asserting that inclusive institutions foster growth while extractive ones hinder it. The book’s ideas have resonated in Tashkent, suggesting that its teachings should guide policymakers.
Since President Shavkat Mirziyoyev’s rise to power, he has initiated several market and modernization reforms. However, the regime remains largely autocratic, with corruption persisting within the political framework. Despite efforts to liberalize the governance system, Mirziyoyev has openly referred to it as one of “manual control,” wherein the influential dictate policy over established laws.
In response to these governance issues, a new constitution was adopted on May 1, 2023, through a referendum that was noted by OSCE observers as well-prepared yet lacking genuine pluralism. The 155-article constitution aims to establish a democratic and secular state rooted in the rule of law while asserting an intention towards social welfare.
Despite the constitution’s progressive aspirations, significant flaws persist, such as the non-democratic appointment of regional governors, illuminating the need for further reform. The unrest in Karakalpakstan signifies citizen concerns that arose during initial planning phases; however, its sovereignty was ultimately reinstated in the final draft of the constitution.
The constitution permits President Mirziyoyev to seek re-election and extends presidential terms to seven years, allowing him the possibility to remain in power until 2040. This has raised concerns regarding the concentration of political power and the potential for sustained autocracy despite reforms.
Indices indicate that Uzbekistan’s rule of law is gradually improving, with the World Justice Project’s Rule of Law Index reporting a score of 0.49 in 2024, positioning it somewhat favorably in the region. Nonetheless, challenges remain, particularly in the areas of open government and constraints on government powers, reflecting the legacy of previous administration’s authoritarianism.
While advancements are noted in indexes, true rule of law necessitates democracy and freedoms that are enshrined in the new constitution. Articles 39, 72, and 81 guarantee citizen rights to association and media freedom, yet instances of repression against journalists and activists remain concerning.
Ultimately, the Rule of Law Centre continues to support ongoing reforms by leveraging Finnish expertise in Uzbekistan’s justice system. By fostering collaboration with local institutions, the Centre aims to assist in creating a more equitable legal framework conducive to progressive governance.
In conclusion, Uzbekistan is navigating a critical phase of constitutional reform and rule of law enhancement under President Mirziyoyev. The newly adopted constitution marks a significant milestone, though it also raises concerns regarding the concentration of power and the need for democratic practices. As the Rule of Law Centre continues to assist in these reforms, the collective efforts of various stakeholders will be crucial in achieving genuine democratic governance and civil liberties for all citizens.
Original Source: www.helsinki.fi
