LEgAL ENvIRONMENT
Uzbekistan’s national legislature is based on a
civil law system
and nominally has an inde-
pendent judicial branch. Legal decisions are
made by the President,
Cabinet of Ministers,
and various ministries and regional mayorats
(mayorships). The Cabinet of Ministers which is
composed of the Prime Minister, his deputies,
ministers, chairmen of state committees and
the head of Karakalpakstan (an autonomous re-
gion in Uzbekistan) exercise Executive Author-
ity and issues ordinances that affect all state
organizations, enterprises, and bodies.Uzbek-
istan’s Constitutional Court is the most powerful
of the three courts (the other two are the
Supreme Court and the High Economic Court)
and renders the constitutionality of legislative
and executive branches.
The High Economic
Court settles all disputes in the commercial sec-
tors of the economy between local and state
bodies; “the Economic Procedure Code pro-
vides that foreign parties have the same proce-
dural rights and duties as Uzbek parties in
matters before an Uzbek court.”[110]
Although the constitution declares the separa-
tion of powers, in fact the president and its pro-
ponents have
enough power to intervene in
any court decision. President Islam Karimov ap-
points and removes judges arbitrarily mostly to
suit his political and own power-preserving
needs. The rule of law in Uzbekistan is minimal
and the national constitution does not success-
fully protect fundamental rights and freedoms.
Uzbekistan’s legal system faces many chal-
lenges. The structure of the country’s power
structure excludes many from freely participat-
ing and ensuring that the rights of citizens are
ensured. Foreign investment and separately the
regional security threats and economic, social
and political problems has been impeded ac-
cording to the UN in a 2006 report titled, The
Implementation of the Convention on the Elim-
ination of All Forms of Discrimination against
Women according to the Chairman of Uzbek-
istan’s National Human Rights Centre.[111]
Chairman Saidov stated that “expanding
women’s rights and ensuring gender equality
was fundamental to Uzbekistan’s
quest to
achieve
the
Millennium
Development
Goals.”[112] Since 2006, around 200 NGOs exist
in Uzbekistan, but many of the organizations
are thought be under heavy State influence and
are not able to operate freely and serve the in-
terest of the women of Uzbekistan. This boils
down to Uzbekistan’s poor rule of law. In a 2007
Freedom house report, Uzbekistan ranked last.
Freedom house has declared Uzbekistan not
free. The ten-year anniversary of the Andijan
Massacre provides a yardstick on Uzbekistan’s
performance regarding rule of law and human
rights: little progress and slow progress.
Progress in Uzbekistan is difficult and funda-
mentally flawed. A 2011 Human Rights Watch
Report states
that widespread human rights
abuses still exist in the country especially in its
criminal justice system.
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