Uzbekistan’s Constitution Day: From Independence to the Second Edition of the Basic Law

On December 8, Uzbekistan observes Constitution Day, which embodies the nation’s independence, statehood and commitment to the rule of law. This day highlights the vital role of the Constitution as the foundational document that outlines citizens’ rights and freedoms, establishes the framework of the State and guides the country’s development strategy.

Kursiv Uzbekistan takes the opportunity to reflect on key moments in the history of the Constitution of Uzbekistan, emphasising its critical role in shaping the State and the essential stages of ongoing reforms.

Adoption of the first Constitution

Following its independence in 1991, the country embarked on the important journey of establishing a legal framework for its new State. A pivotal aspect of this process was the development of the Constitution. This effort was spearheaded by the Constitutional Committee, which comprised esteemed lawyers, politicians, and experts, including representatives from the Supreme Council of the Republic of Uzbekistan. Their objective was to craft a document reflecting the nation’s unique characteristics, honour its historical heritage, and address contemporary challenges effectively.

On December 8, 1992, the Constitution of the Republic of Uzbekistan was adopted, marking a pivotal moment in the establishment of a modern state framework. This foundational document articulates the essential principles of sovereignty, the separation of powers, and the rights and freedoms of citizens, laying the groundwork for a governance system that prioritises the rule of law. It consists of 128 articles organised into six sections.

The first section outlines the core principles underpinning the State’s formation. Uzbekistan is defined as a sovereign, democratic, and law-based state where human rights and freedoms are in the highest regard. Key tenets such as the rule of law, equality among citizens and the independence of State authority are firmly established.

The second section elaborates on citizens’ fundamental rights, freedoms and duties. The Constitution assures that all individuals are treated equally before the law and safeguards essential rights, including freedom of speech, conscience and belief, and access to labour, education, healthcare and social security.

The third section explores the relationship between society and the individual. It outlines the foundational elements of the economic system, affirming the equality of different ownership forms—private, State and others — and emphasises the socially oriented nature of state policy.

The fourth section addresses the administrative and territorial organisation of Uzbekistan. It identifies the country as a unitary State with equal rights for all regions, including the Republic of Karakalpakstan, which enjoys an autonomous status.

The fifth section articulates the structure and functions of State power. It details the roles of the Oliy Majlis (Parliament), the President, the Cabinet of Ministers, the judiciary and local governments. Each branch is designed to operate with a clear separation of powers and mutual oversight, promoting accountability and balance.

Finally, the sixth section explains the process for amending the Constitution, highlighting its adaptability and responsiveness to societal changes.

Since its adoption, the Constitution has undergone several amendments to enhance various articles concerning the Oliy Majlis, the President, the Cabinet of Ministers, the electoral system and other critical areas. Notably, in 2017, significant reforms were implemented to update provisions related to state security, the judiciary and electoral legislation, reflecting the evolving needs of the nation.

Time for change

In December 2021, Uzbek President Shavkat Mirziyoyev launched a process of constitutional reform, emphasising the necessity for change during his address commemorating the 29th anniversary of the Constitution.

The initial plan was aimed at completion by December 8, 2022, but the head of State later proposed holding a referendum to adopt the amendments. However, the dates for the referendum faced several postponements, and in November 2022, the Legislative Chamber requested further revisions of the draft.

Public discussions on the proposed amendments started on June 25, 2022. While the original timeframe was set for 10 days, this was extended to August 1, allowing for a more thorough consideration of citizen proposals and feedback. A particularly significant topic of discussion centered on the status of the Republic of Karakalpakstan.

In the summer of 2022, widespread discussions and peaceful protests took place in Nukus regarding proposed amendments that aimed to change Karakalpakstan’s status as a sovereign republic and its right to secede. This highlighted the local population’s deep concern for their region’s autonomy and unique cultural identity, fostering a dialogue about representation and regional rights.

Concerns arose due to limited transparency and insufficient consultation with the local community. This prompted widespread protests, including mass rallies and disputes. In response to these events, the draft was amended to remove articles concerning the changing status of Karakalpakstan, reflecting the voices of the region’s residents.

Adoption of the second version

The Constitutional Law for the Republic of Uzbekistan, which underwent approval during a nationwide referendum on April 30, 2023, officially took effect on May 1 after the Central Election Commission (CEC) announced the results.

Engagingly, 90.2% of voters expressed support for the updates to the Basic Law, while 9.35% opposed it, resulting in an impressive turnout of 84.5%. This high participation rate reflects strong civic interest and engagement in the country’s governance.

The amendments introduced transformative changes, including a 65% revision of the Basic Law’s text. Notably, the number of articles increased from 128 to 155, and the number of chapters grew from 26 to 27. These revisions have solidified Uzbekistan’s status as a legal, social, and secular state, enhancing authorities’ role in protecting State symbols while elevating international treaties above local legislation.

The amendments also emphasise citizens’ rights, guaranteeing access to housing, a favourable environment, qualified legal assistance, and humane treatment for those deprived of liberty. The complete abolition of the death penalty marks a significant step toward human rights protection, and the extension of the right to free movement applies to all legal residents of Uzbekistan.

Economic changes were also introduced, focusing on curbing monopolistic practices and ensuring the free flow of goods, services, and capital. The establishment of the sum as the sole official currency underscores economic stability.

Additionally, the presidential term has been extended from five to seven years while maintaining the limitation of two consecutive terms. Elections for the President and deputies have been postponed to October, allowing for a more thoughtful electoral process.

A notable innovation in this constitutional update is the introduction of a chapter dedicated to regulating the legal profession, which safeguards the profession from outside interference, emphasising the autonomy of legal practitioners.

On May 8, 2023, President Shavkat Mirziyoyev highlighted the collaborative effort behind these constitutional updates, noting that the process involved broad public discussion.

“Millions of our citizens actively participated in the nationwide discussion of the draft Constitution leading up to its adoption. Therefore, we can confidently assert that the true author of the updated Constitution is our people. Importantly, we are committed to pursuing reforms and progressing forward based on the new system that emphasises the relationship between man, society, and the State,” the President emphasised.