The New Uzbekistan Constitution

The New Uzbekistan Constitution:

Protecting Human Rights and Promoting an Atmosphere of Tolerance

 

Human rights priorities

This year the international community commemorates the 75th anniversary of the adoption of the Universal Declaration of Human Rights. The promotion of human rights stands at the forefront of the ongoing efforts to modernize New Uzbekistan, encompassing political, legal, and socio-economic reforms. Uzbekistan supports the UN Call to Action for Human Rights. The Uzbekistan 2030 Strategy is in line with the UN Sustainable Development Goals until 2030 and is aimed at ensuring the principle of “Leaving no one behind”.

In April 2023, Uzbekistan marked a historic milestone by conducting its constitutional referendum, the cornerstone of which was ensuring human rights and interests and protecting human dignity. The Constitution confirms commitment to the principles of human rights, freedom of speech and conscience, as well as the equality of all citizens, irrespective of their ethnicity, language, or religion.

In July of this year, presidential elections conducted in compliance with both national legislation and international electoral standards. Long-term missions from a number of international organizations, including the OSCE, OIC, CIS, OTS, European Parliament and others observed the entire electoral process.

As part of the commitments undertaken as a member of the Human Rights Council, we are implementing the National Human Rights Strategy. During the previous triennium, we have achieved the following milestones:

  1. Uzbekistan has ratified the UN Convention on the Rights of Persons with Disabilities. The country is actively implementing legal and administrative reforms to enhance the framework of governmental assistance for persons with disabilities.
  2. World Youth Rights Conference was convened in October 2023, and adopted Central-Asian Уouth Rights Declaration.
  3. Uzbekistan has successfully eradicated child labor and made substantial progress in addressing forced labor issues. Notable international organizations, including the ILO, World Bank, and the Cotton Campaign, have commended our efforts in eliminating child labor, especially during cotton harvests. Furthermore, our updated Constitution unequivocally bans child and forced labor, imposing criminal penalties for such violations.
  4. The country is diligently implementing on its 2030 Gender Equality Strategy. In March 2023, a significant law was enacted which further protects women and children against violence. Criminal liability for domestic violence has been introduced, and liability for sexual crimes against children has been increased. This law has received wide international support, including from international human rights organizations.
  5. 5.  Uzbekistan openly condemns the use of torture. The President emphasized the absolute inadmissibility of torture, as well as the inevitability of responsibility for torture. Torture and other types of violence are prohibited at the constitutional and legislative levels. According to the recommendations of the statutory bodies and treaty committees of the UN, the National Preventive Mechanism for the Prevention of Torture was created according to the “Ombudsman Plus” model. Additionally, Children's Ombudsman, the National Center for Human Rights, and the Business Ombudsman have been empowered to oversee penitentiary institutions. Amendments have been made to the Civil Code to provide for the procedure for compensation for harm caused to victims of torture, which will make it possible to provide social, legal, psychological and medical assistance to victims of torture.
  6. Uzbekistan actively participates in the UN World Programme for Human Rights Education. The country is implementing a National Programme for Human Rights Education. Training and special courses “Human Rights”, “Women’s Rights”, “Child’s Rights” are being introduced in the system of professional and higher education. Training courses are being opened on the rights of persons with disabilities, women, children and migrants. A series of manuals and brochures on human rights are published on an ongoing basis, and an Electronic Platform for Human Rights Education has been launched.
  7. Over the last short period, we have managed to achieve significant progress in interaction with UN human rights structures. In March of this year. The visit of the UN High Commissioner for Human Rights Volker Türk took place. We have sent a standing invitation to all HRC mandate holders to visit our country. We take into account the recommendations of the UN Special Rapporteurs on issues such as freedom of religion or belief, the independence of judges and lawyers, and the protection of human rights while countering terrorism.

Uzbekistan is firmly committed to its international human rights obligations. Along with this, we understand that we are only at the beginning of this path, and we count on the support of our international partners.

Interfaith tolerance

Religion plays an important role in humanity’s common history and in societies today. Religious freedom has a long and complex history. Religion could unite people, but most often it did the opposite, dividing people into opposing sides, each believing their side was sacred. As you know, the leading founders of religious freedom were two natives of Virginia, US Presidents Thomas Jefferson and James Madison. Today, the Virginia Statute for Religious Freedom (Religious Freedom Bill) plays a key role in the development of religious freedom.

The right to freedom of religion or belief is a fundamental right of every person. As a universal human right, freedom of religion or belief ensures respect for diversity. Its free exercise directly contributes to democracy, development, the rule of law, peace and stability. Violations of freedom of religion or belief can increase intolerance and are often early indicators of potential violence and conflict.

The role of religion in shaping public agendas and the responsibilities of states to protect the human rights of all people are becoming increasingly important aspects of international relations and national politics. In most multicultural democracies or countries where the principle of "secularism" is enshrined in the constitution, the issue of neutrality in the public sphere has become central to political debates, judicial policies and people's daily lives.

  This emphasis on “secularism” is closely linked with two key needs. Firstly, it is about responding to religious pluralism within various institutional structures. Secondly, it involves adapting the models of relations between religion and the State in such a way that they comply with the principles of human rights.

Secularism is the pillar of a united Uzbekistan. If spirituality is a personal matter for everyone, then secularism concerns us all. Secularism in Uzbekistan means freedom to be a believer or non-believer, the ability to practice one’s religious rituals, as long as public order is maintained. Secularism lies in the neutral position of the state and in no way means the elimination of religions in society and public space.

In today’s rapidly changing world, embraced by various processes of globalization and regionalization, a secular state is not a tribute to fashion, but a prerequisite for the comfortable existence of a multi-religious society and fruitful cooperation between the state and religious associations, pursuing one common goal - creating better living conditions for its citizens, as well as maintaining a decent, high standard of living.

Religion is one of the most important factors that influence the development of society, the state, and each individual separately. Reforms regarding religious freedom are essential to political and legal transformations in New Uzbekistan. The country is implementing consistent reforms in the political, judicial and legal spheres, increasing the role of civil society institutions, including on religious freedom.

Since 2019, we have conducted 30 online and offline meetings with international partners and civil society institutions, in particular, religious confessions regarding the freedom of conscience and religious organizations.  Experts and religious leaders frequently visit to Uzbekistan to engage in interfaith dialogues. In Bukhara, the "Dialogue of Declarations" international forum took place in May 2022.

In accordance to the new Law, over the past 3 years, about 48 religious organizations have been registered with the justice authorities, thus the total number has reached more than 2.3 thousand religious organizations.

Uzbekistan places utmost emphasis on ensuring religious freedom within its borders, recognizing its historical experience of harmonious coexistence among diverse faiths and ethnic communities over the centuries. Throughout its long history, Uzbekistan’s territory has been a home to a multitude of religions and belief. Traditional faiths in our nation have always coexisted peacefully. This harmony is not just a legacy, but a fundamental element of our traditions.

Uzbekistan does not separately consider issues of religious freedom, belief and security. In alignment with the Beirut Declaration and its 18 commitments towards Faith for Human Rights, the New Constitution outlines the “five pillars” that characterize the New Uzbekistan: sovereign, democratic, legal, social and secular state (article 1), defining the path of development and the future of the country, which “will never change.”

The Constitution of Uzbekistan guarantees freedom of conscience for everyone; everyone has the right to profess any religion or not to profess any. Any compulsory imposition of religion shall be impermissible (article 35).

Based on the principles of secularism and freedom of conscience, the new Constitution enshrines equality, equal respect for every person, freedom of conscience, non-interference by the state, and separation of religion from the state (Article 75).

The policy of ensuring freedom of conscience for everyone, regardless of their nationality, language, religion and social origin, creating all the necessary conditions for the free activity of all religious faiths, ensuring the peaceful coexistence of nationalities and faiths in our country will continue in the future. In the new Constitution, we reiterate the importance of promoting interreligious and interethnic harmony, a crucial endeavor that holds great significance both in general and particularly in the present moment.

In a world as diverse as ours, the concepts of tolerance and non-discrimination are not just ideals – they are necessities. One of the foremost pillars of state policy of Uzbekistan is the development of culture that values tolerance and humanism. This is integral for strengthening interethnic, interfaith and civil harmony in society.

Ensuring interethnic harmony and religious tolerance are identified as one of the priority areas of the Uzbekistan 2030 Strategy. Uzbekistan is actively implementing the Concept of State Policy on Interethnic Relations. The country supports linguistic diversity by broadcasting television and radio programs in 12 languages, and it publishes newspapers and magazines in over 10 different languages. Approximately 20% of secondary schools across the country provide lessons in seven languages.

Since 2019, Uzbekistan has implemented five humanitarian operations “Mehr” (Benevolence), repatriating 531 individuals, primarily women (121 people) and children (379 people) from conflict zones in Syria, Iraq, and Afghanistan.

In June 2023, at the United Nations headquarters, the international community had the privilege of hearing firsthand stories from repatriated individuals who had returned to Uzbekistan and embarked on a renewed journey of life.

Uzbekistan’s model for the repatriation of compatriots, based on international law and principles of cooperation with international partners, can serve as best practices for repatriation, ensuring the best interests of the child and the full reintegration of women returning from conflict zones.

 

Akmal Saidov

Director of the National Center

of the Republic of Uzbekistan for Human Rights

  • Added: 06.11.2023
  • Views: 4060
  • Print
Click on the button below to listen to the text Powered by GSpeech