Sep 112018
 

In her recent article Galima Bukharbaeva, editor-in-chief of Centre1.com, refers to the provisions of the current Constitution of Uzbekistan. For example, she wrote: “The basic law of Uzbekistan, note bloggers, argues that Uzbekistan is a secular state, and” no ideology can be established as a state “(Article 12), and” women and men have equal rights “(Article 46 ).

I want to object to it in essence: the 1993 Constitution of Uzbekistan is the modified Stalin Constitution of the former USSR.

The 1993 Constitution of Uzbekistan is a designed decoration in order to preserve the totalitarian regime of the personal power of the communist leader Islam Karimov. Democracy and respect for human rights in a country with such a constitution are absolutely impossible.

Therefore, to draw the attention of the authorities to violations of some articles of this Constitution is naive, useless, and even stupid. But this romantic and even some kind of mystical delusion is still present in the minds of the majority of opposition figures who spoke in Uzbekistan against the political regime of Islam Karimov and were subjected to political persecution for this.

As in the former Constitution of the USSR, the Uzbek Constitution in the edition of Islam Karimov mentions a legally indefinite term “The People of Uzbekistan”. On behalf of this “people” in the edition of Islam Karimov, the Constitution enshrines numerous bans and threats to the entire civil society of Uzbekistan. 

For example:

Article 2. “The state expresses the will of the people”. … This article of the Constitution actually affirms the current state ideology of Uzbekistan. This axiom legitimizes the brutal repression of government officials and security agencies against private business and civil society in Uzbekistan.

“Article 10.” Only the Oliy Majlis elected by them and the president of the republic elected by them can act on behalf of the people of Uzbekistan. “No part of the society, political party, public association, movement or person can speak on behalf of the people of Uzbekistan.”

But in a democratic society, Parliament and the president can speak only on behalf of the “people” of Uzbekistan  after their election by voters in fair and transparent democratic elections, which in principle is not possible in Uzbekistan.

And, of course, any political party, public association, movement or person can also act on behalf of this indeterminate group called “people.”

The current Constitution of Uzbekistan is not actually the main law of the country, because in its articles there are general references to other laws.

For example: 

article 15 states: “In the Republic of Uzbekistan, the unconditional supremacy of the Constitution and laws of the Republic of Uzbekistan is recognized.

The state, its organs, officials, public associations, citizens act in accordance with the Constitution and laws. “

Ahtam Shaymardanov

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