UZBEKISTAN’S PRESIDENT PROPOSES DEMOCRATIC REFORMS
On November 12, during a joint meeting with the lower and upper chambers of Parliament, Uzbekistan’s President Islam Karimov introduced a concept for further strengthening of democratic reforms and civil society. As part of the concept, the president proposed several legislative initiatives in different socio-political and economic spheres. While only a few of the proposed changes have as yet been adopted by the Parliament, the initiative per se is viewed as a positive democratic development in Uzbekistan.
The proposed initiative is directed at developing and strengthening the branches of state authority, resolving vital state issues, increasing the role of political parties, improving the legal system and electoral legislation, developing civil society institutions and mass media, and further conducting democratic market reforms and economic liberalization.
The president proposed several amendments to the Constitution to strengthen the branches of state authority. Specifically, he proposed to expand the powers of the Parliament and introduce a new order for the nomination and approval of the prime minister. This was previously done by the president, while the new initiative will grant that right to the party gaining a majority in Parliament. In addition, the president proposed to grant the Parliament a vote of no-confidence in the prime minister. The amendment would also abolish the right of the president to decide on issues which are within the competence of the Cabinet of Ministers. Another proposed amendment stipulates granting temporary presidential responsibility and authority to the Senate chairman in case the president is unable to perform his duties, with subsequent conduct of presidential elections within three months.
As a part of reforming the judicial system, Karimov proposed to adopt a new version of the Administrative Code, which would “reflect tendencies on decriminalization of the criminal legislation and conversion of certain offenses from criminal into administrative jurisdiction”. In addition, in the criminal-procedural code he proposed to abolish the authority of the court to institute criminal cases; to renew the law “On normative legal acts” and adopt a law “On investigation and search operations”; to develop legal mechanisms to enable legal bodies to control and supervise state bodies and law enforcement structures.
Underlining the importance of free mass media and their role in enabling freedom in the information sphere, Karimov stated that it is necessary to have “the right arrangement of priorities in relations between mass media and state authorities, including resolution of such issues as elimination of economic mechanisms of control over mass media, closure of information sources, and pressure that many mass media editorial boards suffer from state authorities and administrative structures”. Thus, he proposed to adopt several laws and amend the existing ones to regulate public information procedures, to enable promotion of mass media activities, and to expand the use of modern information technologies.
Further, the president highlighted the importance of civil society institutions in democratization. For developing and strengthening of their role, he proposed to adopt a law “On social partnership”, which would provide mechanisms for cooperation between civil society and state structures in implementing programs of socio-economic development, humanitarian problems, protection of rights, freedoms and interests of different population strata, and other spheres.
As for the issues of market reforms and economic liberalization, the president emphasized the importance of protecting private property. To support small businesses and entrepreneurship, he proposed to introduce a law that would eliminate excessive bureaucratic barriers in acquiring different types of business permissions, and to legally establish new forms of business that fully corresponds with the national traditions of engaging in family business. The president also suggested regulations of monopolistic activities, to expand the non-state sector, and to attract private investors to the leading economic sectors of the country.
On November 15, amendments to article 98 of the Constitution were adopted concerning the proposition of the president to expand the powers of the Parliament. Thus, the prime minister is from now on nominated by the party that gained a majority in the legislative chamber. After consideration by the president, the candidacy is directed to the Parliament. The candidacy should be approved by more than half the deputies from both the lower and upper chambers. The amendment also stipulates the spheres of competence of the Cabinet of Minsiters and the right of the Parliament to vote non-confidence in the prime-minister.
One can only hope that the rest of the proposed measures for democratic reform in Uzbekistan will be adopted in the nearest future. For instance, Duane Butcher, the chargé d'affaires ad interim of the U.S. in Uzbekistan, stated that the U.S. will support Uzbekistan in all its initiatives of strengthening democratic governance, rule of law, and increasing the role of civil society. He also mentioned the possibility of involving U.S. experts for contributing to the process of developing changes to the legislature, or providing trainings on the role of civil society and mass media.
