The Rule of Law Centre has worked in Uzbekistan for almost two years, forming partnerships with the Tashkent University State of Law, The Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman), the Ministry of Justice and the Anti-Corruption Agency of Uzbekistan (ACA). Since 2016, Uzbekistan has been going through an extensive reform process, in which the Centre seeks to assist. In 2024, the ROLC organized 14 Rule of Law Clinics in Helsinki and Tashkent, bringing together dozens of experts from the fields of anti-corruption, impact assessment, criminal law and constitutional reform – just to name a few.
In 2021, the 2012 classic Why Nations Fail? by Daren Acemoglu and James Robinson was translated into Uzbek. In the book, the authors analyze the intertwinement of institutions, economy, democracy and domestic stability. In a nutshell, they argue that a nation’s economic and political success is defined by its institutions’ nature: inclusive institutions foster prosperity and participation, while extractive institutions concentrate power and resources, neglecting the wider population.
While Acemoglu and Robinson’s arguments have their critics, the book and its translation did strike a chord in Tashkent. On my first visit to Uzbekistan as a junior expert of the Rule of Law Centre in March 2023, some Uzbeks I met even mentioned that Why Nations Fail? should serve as a guiding light to all public servants and policymakers in the country.
Some of the book’s teachings have already entered Uzbek policy. Since the death of President Islam Karimov in 2016, followed by the first change of power in independent Uzbekistan, President Shavkat Mirziyoyev has introduced several reforms. During his first years in power, Mirziyoyev placed special emphasis on market reforms and other modernization efforts: e.g. monitoring of citizens has loosened and authentic economic possibilities for them have become more numerous. Still, the political regime remained autocratic, while the corruption-related issues of the political apparatus were not tackled. In December 2022, Mirziyoyev even described the Uzbek governance system as one of “manual control”, where individuals with power determine the country’s policies and future, not its laws or institutions.
Mirzyovev’s chosen answer for these problems was the adoption of a new constitution for a New Uzbekistan – a country that might eventually distance itself from its corrupt past while maintaining Uzbek traditions. The constitution was adopted on 1 May 2023, through a referendum that OSCE observers described as “well prepared and widely promoted” yet lacking genuine pluralism or competition.
The new constitution with its 155 articles and 454 provisions emphasizes the Uzbek state’s nature as a democratic and secular state based on rule of law. The state, according to the constitution, is directed towards a just and open society that is based on social welfare and solidarity. Human and civil rights are also guaranteed in Chapter 5 of the constitution. Therefore the constitution of New Uzbekistan serves as an adequate baseline for a state seeking to modernize, democratize and advance stronger rule of law.
However, the constitution still had flaws that could be improved: for example, provincial, city and district governors, khokhims, are still not democratically elected, but appointed from above. In Karakalpakstan, an ethnically separate region of Northwestern Uzbekistan, the planning phase of the new constitution caused protests that were met with violence from the government’s side. The draft version of the constitution did not include sovereignty for Karakalpakstan, which caused local uproar. In the final version, the sovereignty of the Republic of Karakalpakstan was reinstated, guaranteeing it the right to have its own constitution.
Moreover, the constitution caused worries of consolidation of political power, and President Mirziyoyev was given the possibility to stand for re-election, which he did in July 2023, soon after the constitutional reform. Presidential terms were extended to seven years, and Mirziyoyev was allowed to stand for two more terms. Therefore now 67-year-old President is allowed to stay in office until 2040.
Still, the new constitution is a milestone in a long-term process that has been noted by several indexes and international organizations. According to them rule of law in Uzbekistan is gradually improving – at best, the country could even serve as a trailblazer for the whole region. Let us look at the World Justice Project’s Rule of Law Index, for example: on a scale from 0-1, Uzbekistan scored 0.49 in 2024. This places Uzbekistan as the 83rd in the whole world, clearly above e.g. Kyrgyzstan (103, score 0.45) and Russia (113, score 0.44), and not far behind Kazakhstan (65, score 0.53). Uzbekistan’s score has improved from 0.46 in 2015, before the death of Karimov, even peaking at 0.50 in 2022 and 2023.
In the WJP Index, Uzbekistan scores very high (0.90) in order and security, while open government (0.37) and constraints on government powers (0.38) have the lowest points: the legislature and the judiciary are still intertwined with the executive, which of course reflects the authoritarian legacy left by the years of Soviet domination and President Karimov. These, naturally, are areas that the new constitution and other Mirziyoyev reforms seek to address.
While the indexes show improvement, and the government keeps instigating reforms that provide new possibilities, rule of law cannot truly exist without democracy, free civil society and media freedom. Of course, all of these are guaranteed in the new constitution:
Article 39
Citizens of the Republic of Uzbekistan shall have the right to form trade unions, political parties and any other public associations, and to participate in mass movements.
No one may infringe on the rights, freedoms and dignity of the individuals, constituting the minority opposition in political parties, public associations and mass movements, as well as in representative bodies of authority.
Article 72
The state shall safeguard the rights and lawful interests of non-governmental non-profit organizations, and provide them with equal legal possibilities for participating in public life.
Article 81
The mass media shall be free and act in accordance with law.
The State shall guarantee the freedom of the media to act and to exercise the right to seek, receive, use and disseminate information.
Naturally, a country that quite recently started to democratize its system has issues with democracy and free civil society: e.g. Freedom House has paid attention to the treatment of journalists and activists, while IDEA criticizes the Uzbek system for not providing voters with genuine choices in the latest parliamentary election. Addressing and improving these issues is a prerequisite for rule of law and genuine equality for all citizens. This also separates genuine democratization from merely modernized authoritarianism. Therefore, over the next few years, the Mirziyoyev government would benefit from further improving these aspects of Uzbekistan to create genuine freedom and prosperity for all citizens. The guideline for it – the new constitution – is now in place, after all.
All in all, Uzbekistan is a country that continues to implement large governmental, economic and political reforms. Here, the Rule of Law Centre comes into play: its mission is to assist in creating a just system for all Uzbeks by offering Finnish expertise, not to preach or force ready-made solutions where they might not fit.
While there are tedious challenges, there is also honest will for reforms on several levels and by several actors, e.g. the Ministry of Justice, the Uzbek Ombud Institution, the Anti-Corruption Agency and the Tashkent State University of Law – all of which are long-term partners of the Rule of Law Centre. Change happens on several levels, and just one institution can have a huge impact. By exchanging views and experiences and offering the assistance of top-notch experts in law, human rights, democracy and other relevant fields, gradual change is possible.
The Rule of Law Centre does this by organizing online and face-to-face Rule of Law Clinics with the Uzbek partners. The clinics’ themes are, naturally, chosen based on the topics identified by local partners. In 2024, there were 14 clinics that got positive feedback from the partners in Tashkent and the home-base experts in Finland. The thematic areas of the cooperation have been for example covered impact assessment processes, especially from social and environmental perspective; anti-corruption work on a local level; building the role of Ombud Institution; and an academic perspective on constitutional and criminal law.
Working with several motivated partners is rewarding and shows how authentic the commitment to rule of law and human rights is. Rule of Law Centre operates based on the belief that gradual change – beginning from local partners and other inspiring Uzbek minds – will eventually lead to inclusion, prosperity and stability, as described by Acemoglu and Robinson in their 2012 classic.
Sources:
https://www.cacianalyst.org/publications/analytical-articles/item/13757-uzbekistan%E2%80%99s-constitutional-referendum.html Read 30.12.2024.
https://constitution.uz/en/clause/index#section2 Read 30.12.2024.
https://www.osce.org/odihr/elections/uzbekistan/542547 Read 31.12.2024
https://www.osce.org/odihr/elections/uzbekistan/542550 Read 31.12.2024
https://www.osw.waw.pl/en/publikacje/analyses/2023-05-10/a-constitution-new-uzbekistan Read 30.12.2024.
https://eur01.safelinks.protection.outlook.com/GetUrlReputation Read 29.12.2024.
https://freedomhouse.org/country/uzbekistan/freedom-net/2023 Read 29.12.2024.
https://worldjusticeproject.org/rule-of-law-index/country/2024/Uzbekistan/Constraints%20on%20Government%20Powers/ Read 30.12.2024.
https://www.france24.com/en/asia-pacific/20230501-uzbekistan-passes-constitutional-reform-that-extends-president-s-tenure Read 17.1.2025.