Fulfilment of International Human Rights Obligations: the Experience of New Uzbekistan

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In today’s world, marked by significant political and economic conflicts, ensuring a peaceful and prosperous life while upholding human dignity in the New Uzbekistan is a key priority of State policy.

Uzbekistan is actively engaged in United Nations activities and is committed to addressing global challenges through dialogue, cooperation, and cultural, civilizational, inter-ethnic, and interreligious interaction.

The country also plays a significant role in international standard-setting within various global organizations. Recently, Uzbekistan's efforts led to the adoption of 10 special resolutions by the United Nations General Assembly.

The country’s active work in the international arena contributed to its election as a member of the UN Human Rights Council for the first time in history. Already within its framework, at the initiative of our country, resolutions were adopted on “Human rights implications of the COVID-19 pandemic on young people” (October 2021), “Youth and Human Rights” (October 2022) and “Ensuring quality education for peace and tolerance for every child” (October 2023).

This year, our country was elected to the Economic and Social Council (ECOSOC) and the Governing Council of the International Labour Organization. A representative of Uzbekistan became a member of the UN Human Rights Committee for the first time.

Major international events with a global agenda are jointly organised, in particular on food security, tourism development, the fight against poverty and climate change, and the protection of human rights. In 2025, Samarkand will host the 43rd session of the General Conference of UNESCO.

Uzbekistan actively cooperates with United Nations bodies and other international and regional organisations in promoting the interests and protection of human rights.

In recent years, the Secretary-General of the United Nations, António Guterres, the United Nations High Commissioner for Human Rights, Volker Türk, the Director-General of the ILO, Gilbert Houngbo, the EU Special Representative for Human Rights, Eamon Gilmore and the Director of the OSCE Office for Democratic Institutions and Human Rights, Matteo Mecacci have visited Uzbekistan to familiarise themselves with the human rights situation and reforms.

Uzbekistan submits timely national reports to United Nations statutory bodies and treaty committees on the implementation of ratified international human rights treaties. In the course of 2023, Uzbekistan submitted three national reports to United Nations treaty committees, including the initial report on the implementation of the Convention on the Rights of Persons with Disabilities, the sixth national report on the implementation of the Convention against Torture and the fourth national report of the Universal Periodic Review.

In recent years, interaction between Uzbekistan and ILO has risen to a qualitatively new level. With the assistance of the Organization, Uzbekistan has adopted more than 40 normative acts in the labour sphere and ratified 22 international conventions. Today, the ILO considers our country's experience in this area as a successful model for international study and application. Joint measures are being taken to promote the principles of social justice, including through the Global Coalition for Social Justice.

The new version of the Constitution enshrines the historically significant provision that Uzbekistan is a sovereign, democratic, law-based, social and secular State. The principles of social justice and solidarity have been introduced, and the constitutional framework has been strengthened, providing for entirely new mechanisms for the protection of human rights and freedoms. It should be noted that of the more than 110 human rights enshrined in the constitutions of the countries of the world, the new version of our country's Constitution currently reflects 90 of them, 40 of which are new constitutional rights.

Uzbekistan has officially banned the death penalty in the new Constitution, Article 25 clearly states that “the death penalty shall be prohibited”, thus implementing the provisions of the Second Optional Protocol to the International Covenant on Civil and Political Rights.

For the first time, the right to a favourable environment is enshrined at the constitutional level. In 2018, our country acceded to the Paris Agreement. A number of programme documents have been adopted to address environmental issues, in particular, the Strategy for the transition of the Republic of Uzbekistan to a green economy until 2030, the Concept of Environmental Protection of the Republic of Uzbekistan until 2030, as well as the Strategy for the Conservation of Biological Diversity in the Republic of Uzbekistan until 2028. To effectively address climate change, a Climate Council is being established under the President.

In order to strengthen constitutional guarantees of the right to housing, a law has been adopted on the recognition of rights to unauthorised land plots and buildings and structures built on them. This law will resolve the problems of more than 10 million people and create a legal basis for securing the right to property.

One of the important provisions enshrined in the amended Constitution is Article 55, which reads: “Everyone shall have the right to defend his/her rights and freedoms by all means not prohibited by law”. In addition, the amended Constitution grants a person the right to appeal to international bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted.

An important democratic step is the strengthening of the role of national human rights institutions, in particular the enshrinement of provisions on national human rights institutions in article 56 of the Constitution. The Children's Ombudsman Act has been adopted, and Parliament is considering a new Act on the Commissioner for Human Rights (Ombudsman).

The right of citizens to free legal aid is enshrined at the constitutional level. The law provides that legal aid will be provided at the expense of the State to persons with low incomes; those who have applied to the court for violation of equality between women and men; and those receiving psychiatric care.

The National Human Rights Strategy is being implemented. Specific steps are being taken to ensure gender equality, freedom of speech, freedom of religion and combating torture. Particular attention is paid to the protection of women's rights and the elimination of any stereotypes and violence against them.

Torture and other forms of violence were prohibited at the constitutional level. Article 26 of the Constitution establishes the prohibition of torture, violence, other cruel, inhuman or degrading treatment or punishment. The Nelson Mandela Rules have been implemented in law and practice.

We can state that Uzbekistan has consistently ensured the implementation of international human rights standards in domestic legislation and law enforcement practice. Gender, human rights and anti-corruption expertise is being carried out on normative and legal acts and their drafts. The Parliamentary Commission on compliance with Uzbekistan's international human rights obligations has begun its work. 

In 2021, we ratified the Convention on the Rights of Persons with Disabilities, the provisions of which are reflected in the new Act on the Rights of Persons with Disabilities. The country pays special attention to the protection of the rights and interests of persons with disabilities, creating the necessary conditions for their integration into society and active participation in political, social, economic and cultural life.

One of the most important priorities of State policy in Uzbekistan is the development of a culture of tolerance and humanism and the strengthening of inter-ethnic, inter-confessional and civil harmony in society. Article 19 of the Constitution guarantees equal rights and freedoms and equality before the law irrespective of sex, race, ethnic background, language, religion, beliefs, social origin or social status.

A State policy framework for inter-ethnic relations is actively being implemented in Uzbekistan. The country has declared July 30, the International Day of Friendship, as Peoples' Friendship Day, which is widely celebrated as a major national holiday. Today, Uzbekistan is home to representatives of more than 130 ethnic groups and 16 religious denominations, all living in peace and harmony. The nation supports 157 national cultural centers and 38 friendship societies.

Education in Uzbekistan is inclusive, with instruction offered in multiple languages, including Uzbek, Karakalpak, Russian, Tajik, Kazakh, Kyrgyz, and Turkmen. Schoolchildren receive textbooks and literature at no cost, provided by the State. Additionally, Uzbekistan broadcasts television and radio programs in 12 languages and publishes newspapers and magazines in more than 10 languages.

The country continues to work actively to improve the effectiveness of education and the protection of human rights and to fulfil the tasks set out in the fourth phase of the United Nations World Programme for Human Rights Education. To this end, a National Programme for Human Rights Education is being implemented. Courses on human rights, women's rights and the rights of the child are being introduced in the vocational and higher education system. A series of manuals and brochures on human rights is published on a permanent basis, and an electronic platform for human rights education has been launched.

Cooperation with business organisations on human rights issues is important. The country has a Business Ombudsman, a Business Day and an ongoing dialogue with business representatives. Parliament is adopting a Code of Entrepreneurship. Work is under way to adopt a national plan of action on business and human rights.

In order to support the initiative of the Secretary-General of the United Nations to issue a call to action in defence of human rights and to raise citizens' awareness of the principles and standards of the Universal Declaration of Human Rights, Uzbekistan has adopted a programme of events to mark the 75th anniversary of the adoption of the Universal Declaration of Human Rights.

This year, measures are being taken to celebrate the 45th anniversary of the adoption of the Convention on the Elimination of All Forms of Discrimination against Women, the 40th anniversary of the adoption of the Convention against Torture and the 35th anniversary of the adoption of the Convention on the Rights of the Child.

In June, Samarkand hosted the Fourth Human Rights Forum on the theme "Environmental problems: the future of human rights in a changing world, the search for sustainable solutions". This authoritative event, traditionally held in this ancient and eternally young city, has already been labelled the Samarkand Forum. In the congratulatory message of the President of Uzbekistan Sh. Mirziyoyev to the participants of the Forum, it was noted that the first Asian Forum on Human Rights, organised in 2018, has brought its special “Samarkand spirit” to the world practice. It has become a good tradition to hold forums in Samarkand dedicated to the most pressing human rights issues.

The Uzbekistan – 2030 Strategy, which is in line with the UN Sustainable Development Goals, identifies priority tasks to ensure the rule of law and reliable protection of human rights and freedoms, reform the judicial and legal system, radically raise the status of the institution of the Bar, as well as develop the system of qualified legal assistance, and improve the system of administrative justice.

Within the framework of this Strategy, further measures have been taken to strengthen safeguards for the protection of human rights in operational and investigative activities. Thus, as of 1 January 2025, the position of investigating judge will be introduced in district and municipal criminal courts. The investigating judge will be empowered to issue habeas corpus orders, in particular: remand in custody or house arrest and extension of the period of detention; exhumation of a corpse; seizure of postal and telegraphic items; search; interception of communications and removal of information transmitted through them; and seizure of property. In addition, it will also carry out coercive measures, including the suspension of the accused, the placement of the person in a medical institution, and the extension of the detention period to forty-eight hours.

Uzbekistan is scheduled to hold parliamentary elections in October, which will take place in a completely new socio-political environment defined by the Constitution. For the first time in Uzbekistan's history, elections to the Legislative Chamber of the Oliy Majlis (Parliament) will be held on the basis of a mixed, majoritarian-proportional electoral system.

Seventy-five deputies will be elected directly through a majoritarian system, where voters select specific candidates, while the remaining 75 will be chosen via a proportional system, where votes are cast for political parties. The law mandates that women must make up at least 40 percent of the candidates nominated by political parties.

These elections occur amidst a significant enhancement of parliamentarism and the empowerment of local representative bodies, as outlined in the updated Constitution. The practice of local Councils of People's Deputies being led by governors is being abolished.

The electoral legislation has been thoroughly revised to align with democratic standards. Notably, a new system of electoral bodies, led by the Central Electoral Commission, has been established. It is now sufficient to secure a relative majority of the electorate's votes to be elected as a deputy. Consequently, a candidate is elected if they receive more votes than other candidates in their constituency, eliminating the need for a second round of voting.

The “E-saylov” information system will play an active role in the election process, facilitating around 60 types of electronic interactions between election commissions, political parties, candidates, observers, and the media. The system provides statistical data on voters and polling stations, information on deputy candidates for all types of elections, and allows for the review of candidates' profiles and biographical details through interactive maps.

 

Mirzatillo Tillabaev

First Deputy Director of the National Centre

of the Republic of Uzbekistan for Human Rights

Professor, Doctor of Law