Ten years to the Law on Ombudsman

In 1995 in the system of state bodies, realizing human rights protection in the Republic of Uzbekistan, a new for our country institute emerged–Authorized Person of Oliy Majlis of The Republic of Uzbekistan for Human Rights. It was first established at the 1st session of Oliy Majlis of the first convocation by initiative of the President of the Republic of Uzbekistan Islam Karimov.
The emergency of establishing in Uzbekistan a new structure on human rights protection was conditioned by such factors as building of civil society, deepening of democratic reforms, introduction of effective measures on protection of rights of citizens, considering international experience, as well as requirements related to Republic’s participation in international organization for human rights.

At the VI Oliy Majlis session of the first convocation, which was held in August 1996, the leader of our state appealed to “to raise the role and status of the Institution of Authorized Person for human rights”. Following these goals the work on the project of the Law on Authorized Person was started, where took part Oliy Majlis deputies, scientists, practitioners and international experts.

During the preparation of the project positive experience and practice of foreign ombudsmen and recommendations from international organizations were taken into consideration. The eighth session of Oliy Majlis of the Republic of Uzbekistan of the first convocation held on April 24, 1997, adopted the law “On Authorized Person of Oliy Majlis for Human Rights (Ombudsman)” in the second reading. That law regulated legal position of Authorized Person for human rights in conditions of unicameral Oliy Majlis. It worth mentioning, that this law was adopted one of the first in CIS and many other states further used Uzbek model while establishing Ombudsman institute.

The formation of Ombudsman institute in our country was evolutionary. First of all institute of Authorized Person of Oliy Majlis for Human Rights was not legally fixed in the Constitution of the Republic of Uzbekistan. In April 2003 the Parliament of Uzbekistan adopted the law “On introduction of amendments and supplements in the Constitution, in accordance to which article 78 was introduced point 16 on election Authorized Person of Oliy Majlis for Human Rights by Legislative House and Senate of Oliy Majlis. This statement means providing Ombudsman with Constitutional status.

During the 15th session of the Parliament in August 27, 2004 was adopted the law “On Authorized Person of Oliy Majlis of The Republic of Uzbekistan for Human Rights (Ombudsman)” in its new drafting subject to reformation of the supreme legislative body, liberalization and democratization of social life. Structurally new law consisting of preamble and 22 articles became operative In January 2005 in the result of election into the Legislative House and formation of Senate of Oliy Majlis of the Republic of Uzbekistan. The law accounts for provisions of new laws on status of Parliament Houses, as well as practice of Ombudsman’s activity, international standards of national institutions on human rights, foreign experience of legal control of Ombudsman’s status.

Delivering a speech at XIV Parliamentary session of the first convocation the President of Republic of Uzbekistan, I. Karimov, set the task “to create necessary conditions for effective activity of representatives of Authorized Person for Human Rights the regions of the Republic.” According to the resolution of Oliy Majlis of the Republic of Uzbekistan Commission staff under Ombudsman was extended and formed the institute of Ombudsman’s regional representatives.

In our country national system of monitoring of human rights observance is created. One of its elements is Ombudsman’s activity. In a given time was realized monitoring in all of the regions of our republic on such actual problems such as women and children rights observance, property owners, invalids and patients, rights of prisoners as well as citizens’ access to courts and address to state agencies. Human rights observance monitoring results are summarized in analytical reports, which reveal causes and conditions contributing to human rights violation and contain recommendations on their prevention. According to recommendations of Ombudsman state agencies corresponding decisions, concerning elaboration of measures aimed at elimination of the revealed citizen’s rights violations and their prevention, are adopted.

For the development of cooperation among different bodies, coordination of common actions on improvement in law observance, reinstatement of outraged citizens’ rights, Ombudsman concluded agreements on cooperation in human rights sphere with The Constitutional Court, General Prosecutor Office, Ministries of Internal Affairs, Justice and Healthcare, Council Federation of Labor Union of Uzbekistan that allowed Ombudsman significantly widen methods for influence on public officers, use new forms of work for providing human rights. As a prove serves the creation on superior educational institutions Ombudsmen on Universities, Ombudsmen on rights of patients in medical establishments, and work on organizing Ombudsmen on penal institutions.

Development of international cooperation in human rights sphere is one of the primary directions in Ombudsman’s activity, which is being realized by widening contacts with international organizations on human rights, interaction with ombudsmen and institutions on human rights of foreign states, consideration of references from international organizations, international ombudsmen’s requests on human rights protection issues, distribution of information on human rights protection I Uzbekistan and Authorized Person for Human Rights in international public.

Since 1998 parliamentary Ombudsman of Uzbekistan is a member if International Ombudsman Institute, since 2002 is a member of European Ombudsman Institute. Bilateral relations and contacts with Ombudsmen of Europe, America and CIS have been arranged. Agreements on cooperation with Ombudsmen of Russia, Sweden, Poland, Slovakia, Latvia, and Azerbaijan have been signed. Ombudsmen delegations from Poland, Sweden, and Azerbaijan visited Uzbekistan.

The changes taking place in political, economic life, judicial system cannot bypass all the state institutes. More over, it is circumstanced by the enhancement of legal culture of our citizens who seek to advocate their rights and interests, using legal forms of protection. In order to enhance legal guarantees for realization of Authorized Person’s rights, making the basis for Ombudsman’s close cooperation with executive power bodies, courts and law-enforcement agencies in the sphere of promotion and protection of human rights. In this connection, in our opinion, it is necessary to start the work on matching current legislation in accordance with the law “On Authorized Person of Oliy Majlis for Human Rights of the Republic of Uzbekistan (Ombudsman)” by making amendments and supplements into certain normative acts.

A twelve- year period had a significant role for formation of Authorized Person of Oliy Majlis for Human Rights of the Republic of Uzbekistan. Were founded the bases for Ombudsman’s activity, defined mechanisms for realization of Ombudsman’s tasks and functions, formed the institute of regional representative. There was much practical work on reinstatement of citizens’ outraged rights, betterment of legal system, population legal education, and international cooperation development. In course of these years Ombudsman institute has become a real factor of an efficient mechanism for human rights protection in Uzbekistan.

It should be pointed out that the introduction of Authorized Person for Human Rights Institute has become an important step in the development of democratic processes in our country, directed towards further strengthening of a person status, guarantees for realization of human and citizens' rights and freedoms. Authorized Person of Oliy Majlis for Human Rights not only supplements already existing system of human rights guarantees but is also a new democratic body providing citizens with one more legal mechanism in cases of violation or entrapment of their rights, freedoms and legal interests.