NEW UZBEKISTAN: HUMAN RIGHTS AND PARLIAMENTARY ELECTIONS

New Uzbekistan: Human Rights and Parliamentary Elections

The modern economic and democratic systems are designed to uphold the rights and freedoms of every individual. As is widely acknowledged, there is no universal model for democratic development; it must evolve based on each country's unique conditions and the needs of its people, avoiding rigid formulas.

New Uzbekistan: democratic reforms and Human rights

A year ago, for the first time in Uzbekistan's history, a revised Constitution was adopted via a nationwide referendum, further strengthening the constitutional foundations of building New Uzbekistan. Most of the constitutional changes have focused on the rights and interests of every individual, significantly enhancing the guarantees of their realization.

In line with the revised Constitution, many laws are being amended and supplemented, and new laws are being introduced. These changes have also affected the principles of state governance, the formation of the legislative branch, and other state bodies, including the Central Election Commission.

Uzbekistan's commitment to achieving the Sustainable Development Goals by 2030 is steadily progressing in line with the UN's core principle of "Leaving no one behind," ensuring the rights and freedoms of every individual.

The democratic reforms being implemented in the country have now become irreversible. Equal opportunities, respect for human rights, improving the welfare of the people, and ensuring decent living conditions for the population are the priorities of the reform strategy for New Uzbekistan.

The key essence of the "Uzbekistan 2030" Strategy includes:

▪ Protecting human rights;

▪ Creating favorable conditions for the realization of each individual's potential;

▪ Reducing poverty and ensuring the welfare of the population;

▪ Strengthening the role of civil society;

▪ Combating corruption and promoting sustainable environmental development.

Our main goal is to rank among the countries with an above-average income level for the population by 2030.

Uzbekistan actively engages with United Nations bodies, as well as other international and regional organizations, to advance and protect human rights. Under Uzbekistan's initiative, 11 resolutions have been drafted and adopted by the United Nations General Assembly, with four adopted in 2024 alone.

In recent years, several prominent figures have visited Uzbekistan to familiarize themselves with the human rights situation and ongoing reforms. These visitors include UN Secretary-General António Guterres (in 2017 and 2024), UN High Commissioners for Human Rights Zeid Ra'ad Al Hussein (in 2017) and Volker Türk (in 2023), ILO Directors-General Guy Ryder (in 2018) and Gilbert Houngbo (in 2024), EU Special Representative for Human Rights Eamon Gilmore (in 2023), Director of the OSCE Office for Democratic Institutions and Human Rights Matteo Mecacci (in 2023), and Inter-Parliamentary Union Secretary General Martin Chungong (in 2022-2023).

From 2021 to 2023, Uzbekistan realized membership in the UN Human Rights Council for the first time. This year, Uzbekistan was also elected for the first time to ECOSOC, the UN Human Rights Committee, and the ILO Administrative Office.

In 2018, Uzbekistan joined the group of countries that extended a standing invitation to all mandate holders. Since then, visits have taken place by special rapporteurs, including Ahmed Shaheed on freedom of religion or belief, Diego García-Sayán on the independence of judges and lawyers, and Fionnuala Ní Aoláin on the promotion and protection of human rights while countering terrorism.

In August 2024, the UN Special Rapporteur on adequate housing, Balakrishnan Rajagopal, also visited Uzbekistan.

The National Human Rights Strategy is being implemented. Concrete steps are being taken in the country to ensure gender equality, freedom of speech and religion, and to combat torture. Special attention is given to the protection of women's rights, eliminating all stereotypes, and addressing violence against women.

Democratic judicial institutions are enshrined at the constitutional level, including the "Miranda Rules," "Habeas Corpus," and Pro Bono. From January 1, 2025, the position of an investigative judge will be introduced.

In 2021, we ratified the Convention on the Rights of Persons with Disabilities, the provisions of which are reflected in the new "Law on the Rights of Persons with Disabilities." The country has taken significant measures to improve the state support system for these individuals. A Social Protection Agency has been established, addressing numerous issues related to ensuring an accessible environment for persons with disabilities, including in the housing sector.

Parliamentary Elections: A New Phase in the
Democratic Development of New Uzbekistan

Elections are one of the most important benchmarks on the path to democracy. Through this process, citizens express their political will and influence the formation of state authorities.

In 2024, the world is witnessing a significant political marathon. Throughout the year, presidential and parliamentary elections are scheduled to take place in about 70 countries (more than 35), encompassing over half of the world's population. These include the recent European Parliament elections and early parliamentary elections in France.

In 2023, early presidential elections were held. These elections once again demonstrated the political maturity of our society and the broad support for the reforms on the path to building New Uzbekistan.

The next step is the parliamentary elections, where the parliament will receive significant powers based on the new Constitution.

In accordance with the Constitution, the Central Election Commission has scheduled parliamentary elections for October 27, 2024.

Additionally, elections will be held for local representative bodies, namely the Jokargy Kenes of Karakalpakstan, as well as regional, city, and district Kengashes (Councils) of People's Deputies.

It is important to note that the upcoming elections hold particular significance as they are being conducted in a completely new socio-political environment, shaped by the Constitution.

In recent years, large-scale reforms have been carried out to deepen democratic changes and modernize the country, aimed at strengthening the role of the parliament and political parties, and further improving the procedures for elections and referendums.

In accordance with the Constitution and electoral laws, elections are held on the basis of universal, equal, and direct suffrage with secret voting.

Article 128 of the Constitution, as amended, establishes the rule that citizens recognized by a court as having no legal capacity and persons held in places of deprivation of liberty under a court sentence for grave or especially grave crimes may be deprived of the right to participate in elections only in accordance with the law and on the basis of a court decision. In all other cases, direct or indirect restrictions on citizens' electoral rights are not permitted.

Novelties of the electoral legislation and process

In line with the new constitutional provisions, international obligations, and recommendations following previous elections, a number of significant amendments and additions have been made to electoral legislation.

The uniqueness of the upcoming parliamentary elections can be summarized as follows:

Firstly, for the first time in Uzbekistan's history, elections to the Legislative Chamber of the Oliy Majlis will be held under a mixed electoral system, combining majoritarian and proportional elements.

75 deputies will be elected directly under the majoritarian system, when voters vote for specific candidates, and the remaining 75 - under the proportional system by voting for political parties. 5 political parties must receive a minimum of 7 percent of the vote to be elected.

Secondly, the activities of election commissions at all levels and their interaction with election participants have been fully digitized. Through the "E-saylov" information system, about 60 types of interactions between election commissions, political parties, candidates, observers, and the media will be conducted entirely electronically.

The information system allows receiving statistical information about voters and polling stations, information about candidates for deputies in all types of elections, familiarizing with candidates for deputies and their biographical data through interactive maps. Thus, bureaucracy, excessive waste of time and unnecessary paperwork are minimized in election procedures.

Thirdly, the electoral legislation has been completely refined in accordance with advanced democratic standards. Notably, a new system of electoral bodies has been introduced, headed by the Central Election Commission, which now operates on a permanent membership basis.

Additionally, the vote-counting system has shifted from majoritarian to pluralistic. It is now legally established that a candidate can be elected as a deputy by obtaining a relative majority of votes. Therefore, a candidate is considered elected if they receive more votes than other candidates in their constituency, eliminating the need for a runoff election.

Moreover, administrative and criminal liability has been strengthened for violations of electoral law, including for "family voting."

Fourthly, the elections will take place in an environment of significantly enhanced parliamentary power and increased authority of local representative bodies, as outlined in the updated Constitution. Specifically, the absolute powers of the Legislative Chamber have increased from the current 5 to 12, and those of the Senate have expanded from 12 to 18. The parliament's oversight over the activities of executive, judicial, law enforcement bodies, and special services has been broadened. The institution of local governors (hokims) leading local Councils (Kengashes) of People's Deputies has been abolished. To strengthen the role of representative bodies in addressing key issues of state life, 33 powers previously held by governors have been transferred to local Councils.

Fifthly, the number of female candidates is increasing. According to amendments in the Electoral Code, political parties must now ensure that women make up at least 40% (instead of the previous 30%) of the total number of candidates nominated for parliamentary elections.

In the October elections, 150 deputies of the Legislative Chamber, 56 members of the Senate, 65 deputies of the Jokargy Kenes of the Republic of Karakalpakstan, as well as deputies of regional, Tashkent and 208 district (city) councils will be elected.

According to Article 37 of the Electoral Code, political parties have the right to nominate candidates to the Legislative Chamber and local councils.

Currently, an active process of election campaigning is in progress. Political parties have signed ethical rules on campaigning, which are designed to prevent the dissemination of false information during the election campaign, to ensure compliance with the basic principles of elections and to enable voters to make their free choice.

Thus, about 30 thousand candidates and about 90 thousand of their proxies are expected to actively participate in the electoral process, as well as more than 120 thousand members of election commissions as organizers and more than 70 thousand local and foreign (international) observers.

It is expected that more than 1,000 international and foreign observers will take part in election observation, in particular, about 400 from 50 countries, about 500 from 21 international organizations such as the Commonwealth of Independent States, the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe, the Shanghai Cooperation Organization, the Organization of Turkic States. An additional 60 observers are anticipated from the election commissions of 26 foreign countries.

It should be noted that the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe intends to participate in the observation of the elections in Uzbekistan with a full-scale mission comprising a core group, long-term and short-term observers, totaling about 350 observers.

Moreover, 56 polling stations have been set up in 39 countries at diplomatic and other representations of the Republic of Uzbekistan.

The forthcoming elections are an example of democratic statehood in our country and are important in the realization of the constitutional rights of citizens to elect and be elected and to participate in the democratic formation of State bodies in full compliance with national legislation and international electoral standards.

In conclusion, I would like to quote the writer and pilot, Antoine de Saint-Exupéry, author of The Little Prince, who wrote, "Perfection is achieved, not when there is nothing more to add, but when there is nothing left to take away."

A.Kh. Saidov,

First Deputy Speaker of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, Director of the National Center  of the Republic of Uzbekistan for Human Rights