Tracking Rule of Law in Uzbekistan: Constitutional Reform and Challenges Ahead

The Rule of Law Centre has significantly engaged with Uzbekistan since 2022, collaborating with local institutions to aid ongoing reforms. The translation of the influential book “Why Nations Fail?” has resonated in Uzbek policymaking, leading to the adoption of a new constitution in 2023 aimed at establishing a democratic framework. However, challenges remain related to corruption, political power consolidation, and the need for authentic democratic practices. Collaborative efforts continue to evolve in pursuit of genuine rule of law and governance improvements.

The Rule of Law Centre has been engaged in Uzbekistan for nearly two years, collaborating with various local institutions such as Tashkent State University of Law, the Ombudsman of the Republic of Uzbekistan, the Ministry of Justice, and the Anti-Corruption Agency. Since 2016, Uzbekistan has been on a reform trajectory, and in 2024, the Centre organized 14 Rule of Law Clinics in Helsinki and Tashkent, convening experts in fields like anti-corruption and constitutional reform to discuss and assess these developments.

The Uzbek translation of “Why Nations Fail?” by Daren Acemoglu and James Robinson in 2021 has been influential in Tashkent. The book addresses the relationship between political institutions and national prosperity. It posits that inclusive institutions promote economic growth and participation, in contrast to extractive institutions that hinder development and concentrate power. This text resonated with Uzbek policymakers, who suggested it could guide governance in their country.

Since the leadership change following President Islam Karimov’s death in 2016, current President Shavkat Mirziyoyev has pursued substantial market reforms. While progress has been made, issues of corruption persist, and the governance system remains largely autocratic. Mirziyoyev acknowledged the authoritarian style of governance, describing it as one of “manual control,” signaling a reliance on personal power over institutional governance.

As a response to these challenges, Mirziyoyev initiated the adoption of a new constitution to inaugurate a “New Uzbekistan.” This constitution, approved by referendum on May 1, 2023, was described by OSCE observers as well-prepared but lacking genuine pluralism. The revised constitution aims to establish a democratic and secular society rooted in the rule of law and guarantees civil rights, providing a strong foundation for future reforms.

Despite its advancements, the new constitution does exhibit shortcomings. Notably, local governors are still appointed rather than elected, and protests arose over the initial drafts that disregarded Karakalpakstan’s autonomy. Although the final constitution reinstated this sovereignty, concerns regarding political power consolidation remain, particularly following constitutional changes permitting President Mirziyoyev to extend his rule potentially until 2040.

International assessments indicate a gradual improvement in Uzbekistan’s rule of law. According to the World Justice Project’s Rule of Law Index, Uzbekistan scored 0.49 in 2024, ranking it 83rd globally, which is an improvement compared to previous years. High scores were recorded in order and security, although areas like open government and constraints on government power received lower scores, indicating ongoing challenges stemming from an authoritarian legacy.

While improvements are documented, the realization of true rule of law necessitates a democracy with a free civil society and media. The current constitution, while proclaiming freedoms such as the formation of political parties and safeguarding media rights, still faces implementation challenges. Notably, Freedom House has highlighted issues concerning the treatment of journalists and activists, emphasizing the need for genuine political pluralism and independent governance.

The Rule of Law Centre aims to support Uzbekistan in nurturing a fair legal system by leveraging Finnish expertise without imposing predetermined solutions. It has been instrumental in facilitating reform discussions with several Uzbek partners, covering topics such as the role of the Ombudsman and anti-corruption efforts. The constructive engagement in organizing Rule of Law Clinics has been well-received, aligning with the local needs and priorities identified by Uzbek officials.

In summary, Uzbekistan is at a critical juncture of reform with the new constitution marking a significant step towards inclusive governance. However, addressing democracy, civil society, and media freedom remains paramount for meaningful progress. The Rule of Law Centre will continue to play a pivotal role in collaborating with various stakeholders to foster a robust legal and political environment that empowers all citizens of Uzbekistan.

In conclusion, Uzbekistan is undergoing transformative reforms aimed at establishing a more democratic and rule-of-law-based society. The recent adoption of a new constitution marks a crucial step in this journey, though challenges remain in ensuring democratic practices and addressing issues of corruption. Ongoing collaboration between the Rule of Law Centre and local institutions is essential for fostering meaningful change and enhancing governance, ultimately striving for a just and inclusive society for all citizens of Uzbekistan.

Original Source: www.helsinki.fi