We, the participants of the international conference “Implementation of the constitutional principle “Human – Society – State”: national and international experience”, organized on June 20, 2022, in Urgench by the National Center of the Republic of Uzbekistan for Human Rights, NGO “Center for Sustainable Development”, the Institute of State and Law of the Academy of Sciences of the Republic of Uzbekistan, as well as the Khokimiyat of Khorezm regions with the support of the Delegation of the European Union in Uzbekistan:
Considering national and advanced foreign experience in implementing the principle that a person, his life, rights, freedoms and legitimate interests, honor and dignity are the highest values, as well as the noble ideas of “The state is for the person” and “Not the people serve state bodies, but state bodies serve the people” and exchanging views on strengthening these principles in constitutional legislation and practice;
supporting relevant international and regional norms within the framework of the United Nations, the Organization for Security and Co-operation in Europe, the Shanghai Cooperation Organization, the Commonwealth of Independent States, the Organization of Islamic Cooperation and other international organizations, which provide for such tasks as ensuring human rights and dignity, increasing the role and importance of civil society institutions, involving them in participation in public and public administration;
recognizing the dynamic development of positive processes in the New Uzbekistan in socio-economic, political, legal, spiritual and educational life, the gradual achievement of clear goals to build a democratic state and a just civil society, where human dignity is glorified and the rule of law is ensured;
emphasizing that the history of the democratic development of the peoples of the world shows that any reform can be implemented only if it is based on a solid constitutional and legal framework;
stating that the constitutional reform being carried out in Uzbekistan is, first of all, the dictate of the times, the will of the broad masses of the population and voters who believe that “The new Uzbekistan needs an updated Constitution.”
We make the following RECOMMENDATIONS AND PROPOSALS to the Constitutional Commission on the formation of proposals for amendments and additions to the Constitution of the Republic of Uzbekistan on the implementation of the constitutional principle “Human – Society – State” and the implementation of organizational measures to further glorify human dignity:
To glorify human dignity and ensure its rights and freedoms:
• fundamental human rights and freedoms are inalienable and inviolable, belong to everyone from birth and their provision is the highest goal of the State;
• A citizen of Uzbekistan cannot be deported or extradited to another country;
• everyone has the right to the free development and realization of his personality, and obligations not established by law cannot be imposed on a person;
• no one can be forced to testify against himself, his spouse or close relatives, and also cannot be subjected to torture, violence, cruel or other degrading treatment or punishment, as well as a suspect, accused or defendant is not obliged to prove his innocence, all doubts about the accusation must be resolved in favor of the suspect, the accused or the defendant.
• Consider the question of reflecting in the Constitution of the country the norms aimed at preventing forced labor, in particular child labor.
In order to deepen the implementation of the ideas and principles of the “social state”:
• creation and development of the institute of public control and social partnership;
• the establishment of a “poverty line” and a “consumer basket”, mandatory for the provision by the state to any person (especially disabled people, pensioners, children and other persons in need of social protection) and providing a minimum set of goods and services necessary for human life;
• definition of the “social responsibility” of private property;
• definition of everyone’s right to unemployment, disability, social security, introduction of the concept of “minimum consumer spending”;
• create the necessary conditions for the development of the social service system of the population, the establishment of state pensions, benefits and other types of social assistance;
• introduction of new constitutional norms on the maintenance by the state and society of the healthy and harmonious development of orphans and children left without parental care.
According to the expression of national consciousness in the Constitution and the acceleration of spiritual development, taking into account the national values and traditions of the people of Uzbekistan:
• historical, spiritual and cultural heritage is protected by the state, the state and society should be responsible for the preservation and maintenance of national values and the identity of the people, take care of the preservation and transmission of the cultural heritage of the people of Uzbekistan to the next generations;
• the state and society form in children and youth a sense of devotion to national traditions and universal values, a sense of pride in the rich cultural heritage of great ancestors, create the necessary conditions for the spiritual and moral education of children and youth.
• To reflect in the Basic Law the norms separately noting that marriage is based on voluntary consent and equality of women and men, as well as specifically mentioning the protection of paternity by the state.
To further strengthen the foundations of the Third Renaissance:
• not to interfere with the professional activities of teachers, not to influence the correct and impartial assessment of students’ knowledge, as well as not to interfere with the performance of their duties;
• everyone is guaranteed freedom of scientific, technical, artistic creativity, the right to use cultural achievements.
• everyone has the right to free higher education in state educational institutions on a competitive basis.
to fix in the Basic Law such issues as compulsory general secondary education.
On building a fair civil society:
• Ensuring the openness and transparency of public associations;
• further strengthening of the right of citizens to form public associations;
• Strengthening the constitutional foundations for improving the activities of citizens’ self-government bodies.
To ensure the environmental rights of people:
• recognition of atmospheric air as a national treasure;
• Ensuring the right of all citizens to a safe environment and reliable information about its condition. Everyone has the right to compensation for damage to health and property as a result of environmental offenses;
• strengthening people’s right to clean drinking water;
• The Constitution should reflect issues such as the provision of compulsory environmental education in all types of State educational institutions.
To strengthen the constitutional foundations of ensuring human rights and freedoms:
• respect for human rights and freedoms and their protection by all means not prohibited by law;
• Everyone has the right to apply to national and international human rights institutions to protect their rights, freedoms and legitimate interests in accordance with the laws and international treaties of the Republic of Uzbekistan;
• everyone has the right to privacy, protection of personal and family secrets, their honor and dignity;
• free ownership of the property of the owner at his own discretion and that the use of the property does not harm the environment;
• To introduce into the Basic Law norms aimed at ensuring the free movement of goods, services, labor and financial resources in the Republic of Uzbekistan.
To ensure interethnic harmony and interreligious tolerance, to improve the activities of public authorities:
• ensuring the freedom of activity of all religious organizations operating in the Republic of Uzbekistan, in accordance with the legislation;
• development of relations based on peace, mutual respect and solidarity between the State and religious denominations;
• to include in the powers of the Oliy Majlis of the Republic of Uzbekistan consideration of the annual report of the Cabinet of Ministers of the Republic of Uzbekistan on the most important issues of socio-economic life of the country;
• to introduce into the powers of the Oliy Majlis of the Republic of Uzbekistan the election of the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for Human Rights, the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for the Rights of the child;
• to introduce into the powers of the Senate of the Oliy Majlis of the Republic of Uzbekistan the hearing of reports on the activities of international organizations, the appointment and dismissal of the Chairman of the State Committee for Ecology and Environmental Protection of the Republic of Uzbekistan;
• to introduce norms aimed at resolving issues such as empowering the President of the Republic of Uzbekistan to create/form and lead/preside over the Security Council under the President of the Republic of Uzbekistan.
We make the following RECOMMENDATIONS to the organizers of the international conference:
• to publish a collection prepared by the National Center for Human Rights of the Republic of Uzbekistan, the NGO “Center for Sustainable Development” and the Institute of State and Law of the Academy of Sciences of Uzbekistan, based on the materials of this international conference, as well as a multi-volume monograph “Constitutional reforms: the experience of the world” with the support of foreign and international partners;
• to continue the practice of developing, improving, codifying and further democratizing constitutionalism, further developing international cooperation in the field of humanization of legislation and organizing international conferences.
We, the participants of the international conference, are convinced that the political, social, economic and legal conditions created in Uzbekistan allow citizens to exercise their constitutional rights to participate in the management of public and state affairs.
We express our gratitude to all the organizers and participants of this international forum, which contributes to strengthening the constitutional and legal foundations of human dignity. In particular, we express our special gratitude to the Khokimiyat of the Khorezm region for the high level of organization of the international conference.
Urgench,
June 20, 2022.