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Uzbekistan’s Rule of Law: Constitutional Reforms and Challenges Ahead

The Rule of Law Centre collaborates with various Uzbek institutions to support legal reforms. Following a new constitution adopted in May 2023, Uzbekistan aims to modernize governance while facing challenges like political autocracy and regional disputes. Acemoglu and Robinson’s “Why Nations Fail?” resonates in Uzbekistan, influencing reforms. Despite growing rule of law indicators, issues like media freedom and democratic processes need addressing for genuine progress.

The Rule of Law Centre has established partnerships in Uzbekistan over nearly two years, collaborating with various institutions including Tashkent University State of Law, the Ombudsman, the Ministry of Justice, and the Anti-Corruption Agency. Since 2016, Uzbekistan has initiated a comprehensive reform process, and in 2024, the Centre organized 14 Rule of Law Clinics, uniting experts across multiple fields such as anti-corruption, criminal law, and constitutional reform.

In 2021, Daren Acemoglu and James Robinson’s book “Why Nations Fail?” was translated into Uzbek, providing insights into the relationship between institutions, economy, and democracy. The book emphasizes that inclusive institutions promote prosperity and participation, contrasting with extractive ones that concentrate power. This translation resonates with Uzbek public servants and policymakers, who believe it should guide national governance.

Following the death of President Islam Karimov in 2016, President Shavkat Mirziyoyev has implemented reforms that have loosened the state’s control over citizens while pursuing market modernization. However, issues such as autocratic governance and political corruption persist. Mirziyoyev labeled Uzbekistan’s governance as “manual control”, concentrating decision-making in individuals rather than laws or institutions.

To address these challenges, Uzbekistan adopted a new constitution on May 1, 2023, aiming to redefine the country’s governance structure. This constitution encapsulates 155 articles and 454 provisions focusing on democratic principles, the rule of law, and social welfare. While it ensures human and civil rights, concerns over its effectiveness linger, particularly regarding the appointment of provincial leaders without democratic processes.

Protests in Karakalpakstan during the constitution’s drafting highlighted regional tensions over issues of sovereignty, resulting in the restoration of Karakalpakstan’s autonomy in the final constitution. Additionally, the new constitution allows extended presidential terms and enables Mirziyoyev to remain in power potentially until 2040, sparking concerns over political power consolidation.

Despite these issues, international indices suggest improving rule of law in Uzbekistan. The World Justice Project’s Rule of Law Index rated Uzbekistan 0.49 in 2024, placing it 83rd globally, ahead of Kyrgyzstan and Russia. While the country’s rating has improved since 2015, critical areas such as open government and constraints on governmental power remain weak due to their intertwined relationship with the executive branch.

Although the new constitution guarantees freedoms essential for democracy, such as forming political parties and protecting non-governmental organizations, the treatment of activists and journalists still raises red flags. Genuine democracy and free civil societies need to be prioritized to ensure meaningful commitment to rule of law and comprehensive citizen equality.

The Rule of Law Centre plays a pivotal role in supporting Uzbekistan’s efforts toward creating a just system, fostering collaboration with multiple local partners including the Ministry of Justice and the Ombud Institution. The Centre organizes Rule of Law Clinics focused on topics pertinent to local governance and law, facilitating an environment conducive to gradual reforms and ensuring Uzbekistan’s alignment with principles of democracy and human rights.

By prioritizing local insights and empowering experts in law and governance, the Rule of Law Centre bolsters the ongoing efforts within Uzbekistan to create a system that nurtures inclusion and stability as envisioned by Acemoglu and Robinson.

Uzbekistan is undergoing significant reforms aimed at strengthening rule of law under President Shavkat Mirziyoyev, despite persistent challenges related to governance and corruption. The recent constitutional reforms have laid a foundation for a more democratic society, though flaws remain, particularly regarding electoral processes and regional autonomy. The Rule of Law Centre continues to be an essential partner in this transformation, facilitating local collaboration and expert input to drive sustainable legal and governance improvements. The ongoing efforts and international support offer a potential path towards genuine democratization and institutional integrity in Uzbekistan.

Original Source: www.helsinki.fi

Nina Patel

Nina Patel has over 9 years of experience in editorial journalism, focusing on environment and sustainability. With a background in Environmental Science, she writes compelling pieces that highlight the challenges facing our planet. Her engaging narratives and meticulous research have led her to receive several prestigious awards, making her a trusted voice in environmental reporting within leading news outlets.

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