Tracking Rule of Law in Uzbekistan: Constitutional Reform and Challenges

The Rule of Law Centre is engaged in Uzbekistan, supporting constitutional reforms and collaborations with key institutions. Since 2016, a reform process has been underway, and a new constitution was adopted in 2023. While there are improvements in rule of law as indicated by some indexes, challenges remain regarding political power consolidation and civil liberties. The Centre aims to foster reform by uniting local partners with Finnish expertise.

The Rule of Law Centre has been actively engaged in Uzbekistan for nearly two years, collaborating with prominent institutions such as Tashkent University State of Law and the Ministry of Justice. Since 2016, Uzbekistan has embarked on a substantial reform journey, with the Centre providing essential support. In 2024, the Centre hosted 14 Rule of Law Clinics in both Helsinki and Tashkent, uniting experts across various domains including anti-corruption and constitutional reform.

In 2021, the renowned book “Why Nations Fail?” by Daren Acemoglu and James Robinson was translated into Uzbek, analyzing the critical relationship between institutions, economy, democracy, and stability. The authors argue that the essence of a nation’s success lies in its institutions: inclusive ones promote prosperity, whereas extractive institutions hoard power and resources. The translation resonates with many in Tashkent, with some suggesting it should guide public servants and policymakers.

Since President Shavkat Mirziyoyev assumed office following President Karimov’s death in 2016, notable market reforms have emerged, including eased monitoring of citizens and enhanced economic opportunities. However, the political framework remains largely autocratic, and corruption issues persist. Mirziyoyev characterized Uzbekistan’s governance as one of “manual control,” highlighting the influence of individuals over systemic laws and institutions.

To address these challenges, a new constitution for a “New Uzbekistan” was enacted on May 1, 2023, following a carefully prepared referendum. OSCE observers noted the process lacked meaningful competition. This constitution, comprising 155 articles and 454 provisions, positions Uzbekistan as a democratic, secular state committed to social justice and human rights. While it establishes a foundation for modernization, it contains areas for improvement, particularly concerning the appointment of local governors and regional autonomy, evidenced by unrest in Karakalpakstan during the drafting phase.

President Mirziyoyev’s power has been bolstered, allowing him potential re-election and extending presidential terms to seven years—factors raising concerns about the centralization of authority. Despite these challenges, indicators such as the World Justice Project’s Rule of Law Index suggest gradual improvements: Uzbekistan achieved a score of 0.49 in 2024, outperforming neighboring nations like Kyrgyzstan and Russia.

Notably, Uzbekistan excels in order and security while struggling with governmental limitations. Transparency in governance, notably regarding the legislature and judiciary’s ties to the executive, highlights the lingering authoritarian influence from prior regimes. The recently adopted constitution seeks to address these deficiencies and promote democratic principles. However, the realization of true rule of law demands advancements in civil freedoms and media independence.

Significant democratic pursuits are enshrined in the new constitution, emphasizing the rights to form political parties, safeguard non-governmental organizations, and guarantee freedom of the press. Yet, existing challenges hinder the realization of these freedoms, as underlined by assessments from Freedom House and IDEA criticizing electoral legitimacy and treatment of dissenters.

Uzbekistan continues to pursue immense governmental, economic, and political reforms. The Rule of Law Centre’s mission remains to foster a just system driven by Finnish expertise. As the Centre partners with multiple stakeholders, including the Ministry of Justice and the Anti-Corruption Agency, it aims to facilitate constructive dialogue and reform through dynamic clinics focused on local needs and expertise. The commitment from various actors reflects a genuine will for reform, promoting gradual changes towards prosperity and stability in alignment with the insights offered by Acemoglu and Robinson.

In conclusion, Uzbekistan is navigating a complex landscape of constitutional reform and rule of law improvements amidst significant challenges. The recent constitutional changes signify a pivotal step towards democratization, even as concerns regarding electoral integrity and civil liberties persist. The Rule of Law Centre remains committed to supporting local reforms by leveraging international expertise. Continued advocacy for genuine democratic practices, alongside systemic change, is essential for ensuring long-term stability and prosperity for the Uzbek populace.

Original Source: www.helsinki.fi