Mehmood Ul Hassan Khan
Uzbekistan’s constitution achieves many miracles OF socio-economic prosperity, political maturity, societal transformation and above all stability of the country since its inception. It has been binding force of national sovereignty, peace and harmony. Uzbekistan celebrates “Constitution Day” every year on December 8. It was adopted on December 8, 1992. Most recently, it has celebrated its 22nd Constitution day. It provided a solid foundation of building a new state and new society. It formed a legal and legislative basis in building the independent democratic state. It was the first giant step towards achieving socially oriented market economy. It framed a civil society in Uzbekistan. It protected the human interests, rights and freedoms. It envisioned the rule of law. All in all, it was a comprehensive platform to achieve the desired goals of socio-economic prosperity, societal cohesion, civil liberty and above all fair and free environment for the healthy competition in every filed.
Uzbekistan’s constitution is forward looking and pragmatic. It has been played an important role in the overall socio-economic and geo-political transformation since its inception. Its content and the essential features are determined primarily by the fact that it regulates the most important public relations between citizens, society and the state. It establishes the foundations of the constitutional system, the principles of organization of state power. It is the foundation upon which rests the legal and political system, the system of the protection of the rights, freedoms and lawful interests of individuals. Following are given some of its salient features.
The preamble of Uzbekistan Constitution
The preamble of Uzbekistan Constitution “The people of Uzbekistan, solemnly declaring their adherence to human rights and principles of state sovereignty, being aware of their ultimate responsibility to the present and the future generations, affirming their commitment to the ideals of democracy and social justice, aspiring to a worthy life for the citizens of the republic, setting forth the task of creating a humane and democratic law-governed state adopt in the person of their plenipotentiary representatives the present Constitution of the Republic of Uzbekistan”. It is a complete charter of democracy, custodian of human rights, and last hope for the equality, tranquility and freedom of expression.
Salient Features of Uzbek Model
Uzbek Model is the outcome of its constitution which supported the rigorous socio-economic reforms, gradual liberalization, economic freedom with a human face, banking and financial regulatory mechanism and above all friendly governance.
Uzbek Model is the blue print of its rapid economic development, welfare networks, community development, foreign trade, investments and balanced approach for growth in every sector of national economy, production, and survival. It is based on the five principles which are given below as:
(a) De-ideologization of economy
(b) Ensuring rule of law
(c) Recognition of regulating role of state as a major reformer
(d) Institutionalization of a strong social policy considering the special circumstances of the homeland
(e) Gradual political and economic reforms.
Productivity of its Model
These are achieved through the help of a constant, gradual approach, continuity and evolutionary development in the country due to which now Uzbekistan is one of the most advanced economies in the region. The modern political history of the world reveals many times that bloodily revolutions failed miserably because artificial forcing the democratic processes achieves nothing but greater political chaos, economic meltdown and social unrest. So, Uzbekistan’s constitution guaranteed a strong and stable political system suitable to its people, traditions, national character and above all history.
Formation of a liberalized and democratic society
It is the blessings of its progressive constitution that it has achieved a liberalized and democratic society which ensures sustainable and steady development of economy, qualitative life and a respectable place at the international arena. The comprehensive legal reforms succeeded to fulfill the requirements of a modern democratic state and vibrant society. The gamut of establishing the national statehood and political system based on the principles of checks and balances of separation of functions and power among legislative, executive and judicial branches of power, as well as providing priority of human interests, rights and freedoms is the essence of its constitution.
Rise to SMEs
It reflected a strong political commitment to secure radical democratic and market transformations in the economy. It created an unprecedented favorable conditions and benefits and preferences to develop Small and Medium Enterprises (SMEs). It supported agro-economy in the country which benefited the farmers living in the far-reaching areas. It upheld the rights of private ownership. It facilitates the Foreign Direct Investments (FDIs) mechanism. It encouraged joint ventures and doing of business has already been easy for all the potential investor in Uzbekistan.
Confidence to Private Sector
Due to a legal protection and legislative reforms introduced in the economy the SMEs and private entrepreneurship flourished in the country and now Uzbekistan SMEs sector is one of the biggest and advanced in the CIS which generating millions of new jobs along with increase in revenues. The emergence of a vibrant middle class is the prime example of Uzbekistan stable economy and sustained social therapy. It is now termed a driving force of its macro-economy, social unity, political maturity and above all human integrity.
Phased Reforms holds the key of success
Uzbekistan’s philosophy of reforms is based on a planned transition “reform is not for the sake of reform but for a man” and more precisely do not destroy the old house until you build a new one” have enjoyed a broad popularity and support among our people, region and at international levels. It is a success story of rapid socio-economic transformation, economic liberalization, privatization along with political stability in the times of ongoing global economic recession, financial crunch and widespread political chaos in the different parts of the world ranging from Europe to Africa and Latin America to Middle East.
Diversified Bounties of its Reforms
It is crystal clear that implementation of the constitutional principles, the large-scale reforms and democratic transformations in terms of state building and socio-political, socio-economic and humanitarian spheres has successfully revolutionized the daily life of its people, education system, health, housing and furthermore, enhanced the image of Uzbekistan within the region and at international level.
Macro-Economy blessed its Constitution
Uzbekistan’s macro-economy is the first major bounty of its constitution. During the past 22 years it achieved so many miracles in terms of economic stability, sustainability, production level, diversification of energy, high pace of social development, and above all FDIs. During this period its economy grew 4.1 times and per capita not less than 3 times. Moreover, despite the serious impact by the ongoing global financial and economic crisis, the annual GDP growth from 2008 to 2013 exceeded 8 percent. In 2014 the GDP growth is predicted at the level of 8.1 percent which is indeed a giant leap as compare to other sinking economies of the Europe, Africa, Asia and even Middle East. There was never a price hike and inflation remained within the control of the government.
Strong indicators of Human Economy
It real gross incomes per capita have grown 8.2 times which ensures the balanced macroeconomic indicators and the surplus of annual state budget. It external public debt does not exceed 16 percent of the GDP. There is a zero-level of domestic debt. The exports and official reserves are on the rise.
It has drawn more than 162 billion of capital investments in dollar equivalent, and 56 billion dollars of them are the foreign investments. In 2013 the volume of capital investments shall make up about 14 billion dollars in equivalent, or 23 percent of the GDP.
Advanced Service and Financial sector
It has one of the most modern service sector, infrastructure and financial markets in the region which are now one of the leading centers of financial activities. The dynamic private sector is the backbone of its onward march of socio-economic prosperity. It is the sign of self-reliance. It is the trust in indigenous talent and political wisdom. It is because of its phenomenal industrial development.
Now, according to the Uzbekistan’s government figures the share of industry in the country’s GDP makes up 24.3 percent against 14.2 percent in 1990. At the same time, the share of agriculture in the GDP has decreased from 34 percent to 17 percent in 2013 which is the indication of further industrialization in the different parts of the country making its raw commodities a value-add product at the international levels.
Sectors 1990 2001 2011
Industry 33 % 23% 33%
Agriculture 33% 34% 19%
Services 34% 43% 48%
Source World Bank
The industrial sector especially auto-mobile industry, consumer electronics appliance industry, oil, gas and chemical industry, and pharmaceuticals are the start performer in Uzbekistan since its inception. The food and light industry, chemical and construction materials industries are making tremendous growth. It ultimately changed the thinking of people, their perception of life and results of their labor.
Now Uzbekistan is knowledge based economy where human resource management has played a pivotal role. Moreover, the efficiency and effectiveness of the reforms underway now give us all grounds to say that Uzbekistan has all chances in the historically shortest period of time to join the ranks of the developed democratic states. It exports is on the increase which has produced substantial surplus.
Paradigm Shift in public thinking and perceptions
Rightness of evolutionary phased and gradual advancement towards strategic objectives and tasks stipulated in the Constitution with due consideration of historical and national peculiarities and mentality to its people secured a grand victory which has provided an essential boost to its economy, politics, civility, populace and governance to work jointly for the betterment of its people at large with confidence, trust, respect and unity. Complexities of corporate world, modern ways of thinking, communication, interaction, privacy, political advancements and above all need for further democratic norms, judicial mechanism in the country, Uzbekistan may need to have a modern Constitution and perfect Strategy of achieving the objectives set in the Constitution. It requires a holistic approach along with a strong political commitment, patience, persistency and steadfastness.
“Concept of further strengthening reforms and establishing civil society”
The government of Uzbekistan adopted the “Concept of further strengthening reforms and establishing civil society” in November 2010. The Oliy Majlis of the Republic of Uzbekistan stood as a natural and logical continuation of democratic renewal and modernization underway in the country. It is indeed a long-term program of the interrelated political and economic reforms, democratization and liberalization of the state system of power and governance, ensuring independence of judicial power, freedom of speech and information, freedom of choice and development of electoral system, establishing civil society in the conditions of globalization and rapidly changing modern world. It has further enhanced the role of legislative power in the state and political system, expand its supervising functions and strengthen the judicial-legal system.
Parliament Makes Vibrant
In order to further strengthening of the Parliament overall efficiency a number of amendments were introduced to the Main Law. The role of deputy associations and fractions of political parties was upgraded at all stages of scrutinizing and passing laws and normative acts. Now, not a single legislative act is passed without consideration of opinions and proposals of fractions i.e. deputy groups.
Meaningful judicial-legal reforms
Introduction of judicial-legal reforms has further strengthened the independence of courts as the most important component of establishing and democratizing society, ensuring rule of law, reliable protection of human rights and freedoms. Full abolishment of the supervisory functions of prosecutor bodies over judicial power has rectified many imperfections in the system. Now the prosecutor bodies no longer have a right to suspend the execution of court decisions. It expanded the use of the Habeas corpus institution to strengthen the judicial control in criminal process, improve the system and mechanisms of ensuring competition between defense and prosecution.
It criminal-procedural legislation has excluded the powers of court to instigate a criminal case and announce indictments on it. It has also enhanced the judicial control over investigation at the stage of pretrial proceedings. The application of such measures of procedural compulsion as removing from a post and placement of a person in medical institution has been relegated to courts. The adopted legislative acts provide the clear grounds to carry out the operational search activities. There are real legal guarantees of observing law, ensuring the human rights and freedoms and preventing administrative arbitrariness.
Adoption of the decrees of the President of the Republic of Uzbekistan
It stands tall that the adoption of the decrees of the President of the Republic of Uzbekistan on radical improvement of social protection of judicial system employees and on organizational measures on improvement and raising efficiency of district and city courts of general jurisdiction was important in strengthening authority of judicial power and establishing an effective system of selection and placement of judicial cadres that meet modern democratic requirements.
On the other hand, the Resolution of the President of the Republic of Uzbekistan on measures to further improve the system of training judicial cadres adopted in June 2013 is aimed at enhancing the efficacy of the system of training and retraining of judicial cadres. According to it, the Tashkent State Institute of Law was reorganized to the Tashkent State University of Law and this laid the foundations for radical reforms and streamlining the judicial education system.
Rise of Civil Society
The implementation of the large-scale programs on development of civil society institutions: non-state, non-profit organizations, free and independent mass media has facilitated the rise of civil society in the country due to which the NGOs are becoming an important factor in protecting democratic values, rights, freedoms and lawful interests of people, realizing by citizens of their potential, raising their social and economic activeness and legal awareness, and facilitate maintaining balance of interests in society. No it has more than six thousands NOGs. The Oliy Majlis of the Republic of Uzbekistan’s allocations towards NOGs and other civil society institutions has grown twofold for over the last three years.
The active participation of civil society institutions and the mass media in the legal experiment on approbation of the draft Law of the Republic of Uzbekistan «On transparency of activity of bodies of state power and governance» which is underway for over a year in Bukhara and Samarkand regions stands as a striking evidence of the aforesaid.
In the future an expanded role of the Legislative Chamber and Senate of the Oliy Majlis of the Republic of Uzbekistan in the system of bodies of state governance and enhance their supervising functions over the activity of the Cabinet of Ministers and executive bodies, as well as their rights and authorities in implementing the strategic goals of domestic and foreign policies with introduction of relevant amendments and additions to the Constitution of the Republic of Uzbekistan are needed.
Dynamic Role of Political Parties
Many reforms and its implementation in true spirits has streamlined the positive and productive role of the political parties in defining the concrete priorities of socio-political and economic development and their participation in tackling the strategic tasks of reforms and modernization of the country must become the most important factor of progressive democratic changes.
Year of Prosperous Life
Year-2013 is declared as year of prosperous life in Uzbekistan due to which different strategies are implemented for the further developing small business, private entrepreneurship and farming, as well as creating new jobs and resolving social issues. To meet this end, during 2013, 60 percent of total expenditures of the budget will be channeled. It accounts for 1 trillion soums more in comparison with the year 2012.
Dreams come true for a Qualitative Life
According to its government figures at the moment every third family in the country owns an automobile. On average every 100 family in Uzbekistan owns 80 refrigerators and 146 television sets. The level of people’s access to washing machines, vacuum cleaners, microwave ovens, personal computers and other necessary appliances is on the rise in every part of the country. The number of mobile phone users in our country makes up 19 million people. This means that each family owns on average 3 mobile phones. Besides, the number of Internet subscribers in Uzbekistan has grown by 18,3 percent in comparison with last year and now makes up 7 million 100 thousand people. It shows that the living standards of its population have substantially increased.
Rise to plastic money
In credit cards of worth 68 billion soums were allocated to the rural population to procure the home appliances; more than 346 billion soums of mortgage credits were given to young families to construct their own housing and cover other related needs. This means we have allocated 10 percent more mortgage credits to them in comparison with last year.
Creation of new jobs
Moreover, during 2013, more than 970 thousand new jobs have been created which extremely important for us in terms of ensuring employment, and 60 percent of them have been created in the rural area. Most importantly, we have employed more than 500 thousand of young graduates of vocational colleges, and this is one of our profound achievements.
Health Care at its best
According to Uzbekistan government figures seven million fertile age women and 7 million 300 thousand children have gone through medical examination, 195 thousand lone elderly, disabled people and pensioners received a professional medical care. During 2013, 146 modern medical facilities have been commissioned in our country at the expense of budget funds totaling 311 billion soums.
In addition to this new treatment block, diagnostics unit and children’s disease sanatorium were built at the Andijan regional multi-field medical center. The medical association in Chirakchi district of Kashkadarya region, the multi-field medical center for children and adults in Surkhandarya region, medical associations in Uzbekistan and Koshtepa districts of Ferghana region and tens of other hospitals were completely reconstructed.
Education at the apex of social development
In 2013 756 educational institutions, musical and arts schools, as well as children’s sports facilities have been built, reconstructed and overhauled in our country. Modern computer classes, school laboratories, workshops were established and provided with necessary tools and equipment.
Uzbekistan’s constitution reflects the collective political wisdom of a country. It stands for fair play, equal rights, social justice and above all democracy in the modern political arenas. It guarantees basic civil rights, freedom and press and association and the last but not the least, rights of the minorities in the country. Constitution reflects the collective political wisdom of a country. It stands for fair play, equal rights, social justice and above all democracy in the modern political arenas. It guarantees basic civil rights, freedom and press and association and the last but not the least, rights of the minorities in the country.
It is the basis for stable and sustained development of the country on the path of democratic development, the implementation of the principle ‘From a Strong State to a Strong Civil Society.