On May 1, 2023, the Central Election Commission (CEC) of the Republic of Uzbekistan published Resolution No. 1245 on the Results of the Voting in the Referendum of April 30, 2023. The resolution confirmed that over 15 million citizens had cast their ballots in the nationwide constitutional referendum, with 90.2% voting in favor of adopting the new constitution, the Constitutional Law on the Constitution of the Republic of Uzbekistan.
The referendum was held in accordance with Uzbekistan Senate Resolution No. PS-702-IV of March 14, 2023.
The new constitution became effective on May 1, 2023, upon official publication of Resolution No. 1245.
The newly adopted constitution consists of 26 chapters and 155 articles, and covers a wide range of issues. They include abolishing the death penalty, prohibiting forced labor, extending the presidential term from five to seven years, reducing the number of senators, separating the powers of representative bodies and the executive bodies in regional local governments, banning the extradition of Uzbek citizens to foreign countries, establishing protections for the activities of defense lawyers and advocates, strengthening the independence of the judiciary, increasing the accountability of public officials, elevating the status of the Constitutional Court, and ensuring that a person cannot be detained for longer than 48 hours without a court ruling.
Overview of Changes to the Constitution
Article 1 of the newly adopted constitution states that Uzbekistan is “a sovereign democratic, legal, social and secular state.”
Reportedly, proposals received from the public accounted for 65% of the changes in the text of the new constitution and resulted in the section on rights and freedoms growing by 3.5 times.
Chapter 7 of the new constitution addresses the role of the state in promoting the exercise of fundamental rights and freedoms, including creating conditions to provide access to the Internet to everyone. (New Constitution art. 33.) The state is obliged to guarantee the rights to protection of personal data, confidentiality of communications, and freedom of communication, as well as the right to secrecy of correspondence, telephone conversations, postal items, and electronic and other types of messages, which can be limited only by a court ruling. (Art. 31.) Citizens are empowered to demand the correction of inaccurate data and the destruction of illegally collected data about them, and to apply to international bodies for the protection of their human rights and freedoms if all available domestic remedies have been exhausted. (Art. 31.)
In addition, the new constitution introduces the principle of separation between the state and religious organizations and associations, specifying that the state must grant them freedom of activity in their operations in the country. (Art. 75.)
The new constitution also provides for term limits for the presidency, stipulating that the same individual may not serve as president of the republic for more than two consecutive seven-year terms. (Art. 106.)
Furthermore, the procedure for forming the national legislature (Oily Majlis) and the functions assigned to the lower chamber of the parliament (the Legislative Chamber) and the upper chamber (the Senate) have been modified. (Art. 91.)
Under the new constitution, the Senate is obliged to focus on issues of regional importance; be involved in reforming representative bodies and in forming the highest bodies of state power, including the Constitutional Court, the Supreme Court, and the Supreme Judicial Council; conduct consultations on the candidates proposed by the president of the republic for the posts of State Security Service chairperson, prosecutor general, chairperson of the Senate, chairperson of the Chamber of Accounts, and chairperson of the Board of the Central Bank. (Art. 95, paras. 1, 2, 4, 5, 8, 13, 16.) The number of senators has also been reduced from 100 to 65. (Art. 92.)
The new constitution provides for expanding the powers of both chambers of the Oliy Majlis to include conducting parliamentary investigations; ratifying the decrees of the president regarding the announcement of general and partial mobilizations; introducing, prolonging, or discontinuing states of emergency; defining domestic and foreign policies; and regulating and determining the structure and powers of the legislative, executive, and judicial authorities of the republic. (Art. 93, paras. 5, 6, 17, 18, 21.) In addition, the chambers of the Oliy Majlis are empowered to self-dissolve on the basis of a vote by at least a two-thirds of the total number of deputies of the Legislative Chamber or members of the Senate. (Arts. 94 & 95.)
The new constitution also introduces a new system of checks and balances to strengthen the independence of the judiciary.
Under the new constitution, the Constitutional Court has been reorganized and a new procedure for electing judges to the court has been introduced. Article 132 of the constitution states that the Constitutional Court is to be elected by the Senate following the submission by the president of a list of professionals recommended by the Supreme Judicial Council. (Art. 132.)
All judges are to serve a single ten-year term without the right to reelection (art. 132), and judges must be independent and cannot be sued or penalized for their decisions in any particular case (art. 136).
Iana Fremer, Law Library of Congress
May 31, 2023
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