In recent years, consistent efforts have been made to support
non-governmental, non-profit organizations and other civil society
institutions, strengthen the social partnership between them and
state bodies, implement effective public control, and improve the
legal framework regulating this area. Indeed, civil society institutions
form the basis of a legal, democratic and social state.
In particular, for the first time in our country, to define its
prospects for the near and medium term, there has been approved
the concept of development of civil society in 2021-2025 and
determined the tasks for further improvement of the regulatory legal
framework, which provides legal guarantees of non-governmental,
non-profit organizations, meets modern democratic requirements
and international standards. The document sets the task of
increasing the amount of state support to civil society institutions
through subsidies, grants and social orders by 1.8 times in 2025
and increasing the number of allocated funds to 70 billion soums.
It is noteworthy that several legal documents aimed at
strengthening the role and importance of civil society institutions
and solving the most important socio-economic problems of citizens
have been adopted in our country. However, this institution has no
constitutional status in the current Constitution.
If we pay attention to the numbers, as of January 1, 1991, 95
NGOs were operating in the republic. By January 1, 2000, their
number was 2,585. As of January 1, 2016 – 8,417, there are 9,104.
It should be noted that civil society institutions, non-
governmental non-commercial organizations, and "think tank"
experts actively participated in introducing amendments and
additions to the Constitution and expressed several proposals and
attitudes.
In the new draft of the Constitution, the guarantee of civil
society institutions' rights and legal interests in the Republic of
Uzbekistan is being strengthened. In the draft of the Constitutional
Law of the Republic of Uzbekistan, there is being added a separate
chapter, "Civil Society Institutions".
Also, in Article 69 of the draft constitutional law, a norm is
being introduced that civil society institutions, including public
associations and other non-governmental non-profit organizations,
citizens' self-management bodies, and mass media form the basis
of civil society.
What are the amendments and additions related to the civil
society institutions in the draft of the new version of the
Constitution?
First, the chapter entitled "civil society institutions" and this
locution is included in the draft constitutional law for the first time.
Second, NGOs, mahallas, and mass media are listed among
civil society institutions.
Third, the Cabinet of Ministers is tasked with implementing
measures to support civil society institutions, ensuring their
participation in developing and implementing socio-economic
development and social partnership programs.
Fourth, it is determined that the state will create conditions for
implementing public control in urban planning activities to ensure
citizens' ecological rights and prevent harmful environmental
effects.
Fifth, civil society institutions are empowered to exercise
public control over the formation and execution of the budget of the
Republic of Uzbekistan.
These guarantees are also strengthened in international legal
documents and constitutions of developed countries. In particular,
the UN High Commissioner for Human Rights report dated April 11,
2016, entitled "Practical recommendations for creating and
maintaining a safe and comfortable environment for civil society
activities based on best practices and lessons learned",
recommends strengthening civil society and its institutions at the
legislative level. The term civil society is also enshrined in the
constitutions of Azerbaijan, Slovenia and some other countries.
The introduction of this norm serves to ensure at the
constitutional level the rights and legal interests of important
institutional structures that form the basis of civil society for their
effective operation and development and the increase of their role
in the life of society.
In general, the introduced changes and additions increase the
role and importance of civil society institutions further to strengthen
the constitutional and legal basis of their activity.
Anvarjon Mirkomilov
Head of Department,
Development Strategy Centre of Uzbekistan