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A political scientist from Tajikistan: A section is dedicated to civil society in the renewed Constitution of Uzbekistan
20:35 / 2023-04-04

The constitutional reform process underway in Uzbekistan is certainly being actively discussed not only by our compatriots, but also by experts from many foreign countries who are not indifferent to Uzbekistan. In this regard, the specialists of our closest neighbors, fraternal countries, are particularly active. Chief Researcher at the Institute of Asian and European Studies of the Academy of Sciences of the Republic of Tajikistan, Doctor of Political Sciences Shamsiddin Karimov shared his opinions.

– The formation of civil society is the basis and guarantee of the irreversibility of democratic transformations. Without the self-organization of citizens, the diversity of civic initiatives, it is impossible to effectively function social mechanisms. Moreover, we should talk about a civic culture that encompasses the entire society, including the state. The type of personality and culture of civil society has two hypostases: it makes demands on people and means people in both state and non-governmental spheres. The world community knows and has developed the principles of their formation, but generalization and deepening of the study of the problem in the context of the conditions of a particular country will accelerate the further development of civil society.

The legislative formation of civil society must comply with the principles developed by the world's democratic theory and practice. Such principles include ensuring human rights in full in accordance with the Universal Declaration of Human Rights and international legal norms, ensuring voluntary civil cooperation through freedom of association, ensuring full-fledged public dialogue, ideological pluralism and tolerance for different views, legal protection of civil society and its structures, the responsibility of the State to the citizen and awareness of self-limitation of power.

In this context, it is gratifying to note that in the renewed Constitution of the Republic of Uzbekistan, the concept of civil society has deservedly received a separate section, which is the first practice in the legislative system not only of Uzbekistan, but also of the CIS countries. The third section of the draft Constitution is directly called: Civil Society and the Individual.  Within its framework, it is proposed to state Article 56 in the following wording: “Civil society institutions, including mahallas, political parties, movements, mass media, trade unions, public foundations, and other public associations form the basis of civil society, determine its content. They are called upon to protect the rights, freedoms and legitimate interests of citizens, democratic values, promote the achievement of social and cultural goals, the satisfaction of spiritual and other non-material needs of society”.  And it is proposed to supplement Article 61 with parts two and three of the following content: “Freedom of activity of religious organizations operating in accordance with the procedure established by law is guaranteed in the Republic of Uzbekistan. The State acts as a guarantor of the peaceful coexistence of faiths”.

This provision indicates that the Government of the Republic of Uzbekistan is also taking real steps to deepen democratic reforms and develop civil society. Unlike the current Basic Law, Uzbekistan is defined “as a legal, social, secular, democratic state”. Articles affecting the social rights of citizens in such important areas as education and healthcare have been significantly expanded. The rights of youth, children and women will be protected by the State. Special attention is paid to the protection of the rights and interests of citizens with disabilities, as well as socially vulnerable segments of the population. The draft Constitution reflects the serious changes that have taken place in Uzbekistan since the beginning of the large-scale reforms announced by President Shavkat Mirziyoyev at the end of 2016, with which we sincerely congratulate our Uzbek colleagues and wish success in implementing the tasks.

Shamsiddin Karimov,

Doctor of Political Sciences (Tajikistan)

UzA