Referendum on approval of new version of constitution starts in Uzbekistan

In Uzbekistan, on April 19, early voting began in a referendum on the constitution of Uzbekistan in a new edition. It will last until April 26, and after a four-day break, the referendum itself will take place on April 30, the Central Election Commission (CEC) of the country reports. The draft of the new constitution provides for an increase in the duration of the presidential term from five to seven years and zeroing the presidential term of the current head of state Shavkat Mirziyoyev. He will, if approved, be eligible to be elected two more times after 2026.

In June 2022, neighboring Kazakhstan held a similar referendum to update its constitution. The new edition of the country’s basic law limited the influence of the president on the regional executive authorities. Incumbent President Kassym-Jomart Tokayev, according to the new version, was able to reset the previous presidential term, which has been running since 2019, and be re-elected from scratch for a new seven-year period at the end of November last year. But unlike Uzbekistan, the president of Kazakhstan can now be elected for only one term.

The last time Uzbekistan changed the constitution was in 2011. Then the predecessor of the current head of state, Islam Karimov, under the slogan of “deepening democratic reforms and the formation of civil society,” nullified the term of his presidency in the same way. At the same time, the duration of his term was reduced from seven to five years.

Mirziyoyev announced the proposal to change Karimov’s constitution in his inaugural speech in November 2021. According to him, the change in the basic law “is in demand by life itself and is dictated by the logic of transformations in Uzbekistan.” At the end of June 2022, deputies of the lower house of parliament (oliy majlis) proposed a draft version of the draft basic law. In the new edition, the number of articles of the main law increased from 128 to 155, and the content of the text was updated by 65%.

Previously, the draft of the new basic law also provided for the removal of articles regarding the autonomous status of the Republic of Karakalpakstan, which is part of Uzbekistan. This initiative sparked a wave of unrest in the republic’s capital, Nukus, in July 2022. According to the Prosecutor General’s Office, 22 people died and 243 were injured, including 38 law enforcement officers. Subsequently, at the initiative of Mirziyoyev, the article on the special status of Karakalpakstan was returned to the draft of the new constitution. In addition, the document proposes to delegate to the deputies the functions of control over the execution of the state budget and consideration of the reports of the Accounts Chamber.

The new constitution will only lead to cosmetic changes in Uzbekistan’s political system, political analyst Temur Umarov believes. “The document does not contain a real separation of powers, instruments of checks and balances, as well as an article on the change of power. All presidential powers are preserved. Moreover, the head of state will have even more levers of pressure on all branches of power,” the expert believes.

Another problem is the presence of contradictory and controversial expressions and wordings in the articles of the draft constitution, continues Uzbek political scientist Farhod Tolipov. “For example, in the text of the preamble there are references to the history of Uzbek statehood. These references are out of place in legal norms. At the same time, the document did not include a provision on elective procedures for regional governors – khakims. In Uzbekistan, to this day, the president appoints the heads of regional administrations,” the expert noted.

Despite these shortcomings, the new constitution, according to Tolipov, will not stop the process of economic and social changes launched by the president in 2016 in Uzbekistan. “Market reforms have liberated the entrepreneurial class. Foreign investors have great expectations from our country. During the presidency of Mirziyoyev, the middle class has seriously grown in the country, and the technological revolution is making itself felt. Therefore, it is unlikely that the Uzbek elite will be able to manage the state before,” the expert said.