Establishment of the Institute of the Authorized Person

The Institute of the Authorized Person for human rights under the Parliament was first established during the first session of the Oliy Majlis following the initiative of the President of the Republic of Uzbekistan – I.A.Karimov – in February 1995. With a view to promote effective execution of tasks entrusted to the Authorized Person for human rights (Ombudsman) the Commission for Observance of Constitutional Human Rights and Freedoms attached to the Oliy Majlis was set up in accordance with the Resolution of the Oliy Majlis of 6th May, 1995. Activity of the Authorized Person and the Commission was regulated by the Regulations on the Authorized Person of the Oliy Majlis for human rights ratified by the Decree of Kengash of the Oliy Majlis dated the 29th August, 1995. Therefore the Institute of the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for human rights (Ombudsman) was one of the first Ombudsman’s Institutions to be established in the CIS area.

In 1996 deputies of the Oliy Majlis, national and foreign legal experts commenced the development of draft Law on Ombudsman. In the course of drafting the law, experience of foreign ombudsmen and experts was taken into account, including experience of those experts who expressed their suggestions and remarks during the Workshop on National Human Rights Institutions, organized by the OSCE in Tashkent in September 1996.

On February 14, 1997 the draft Law on the Authorized Person for human rights was published in “Halq sozi” – “Narodnoye slovo” newspapers for nation-wide discussion and at the 8th session of the Oliy Majlis of the Republic of Uzbekistan of April 24, 1997 the Law “On the Authorized Person of the Oliy Majlis for human rights (Ombudsman)” was adopted.

This Law governed the legal status of the Authorized Person (Ombudsman) in the conditions of unicameral parliament. It should be mentioned that Uzbekistan was one of the first CIS countries to adopt such a law, and many other CIS states used Uzbek model to establish their own Institutes of Ombudsman. 

Uzbekistani nationhood, which served as a framework for this institution for more than 10 years, conditioned its role as an institution empowered to protect and promote citizens’ human rights and civil liberties. At the same time existence of this institution neither abolishes nor entails reconsideration of powers of other state bodies that ensure protection and restitution of violated rights and freedoms of individuals.

A necessity to create a new structure to protect human rights in Uzbekistan was conditioned by a number of factors: establishment of civil society, expansion of democratic reforms, implementation of effective measures to protect citizens’ rights, accumulated international experience, as well as requirements associated with the membership of the Republic of Uzbekistan in international human rights organizations. Ombudsman was tasked to find his own place in the system of state bodies, using designated authority and powers.

The past period was especially meaningful in the establishment of the Institute of the Authorized Person of the Oliy Majlis for human rights. The foundations of the Institute of Ombudsman were laid. Mechanisms for implementation of tasks and functions of Ombudsman were identified. The institution of Ombudsman’s regional representative was established. Practical work was carried out aiming to restitute violated rights of citizens, improve legislation, raise people’s awareness of legal issues, and develop international cooperation. During these years activities of Ombudsman have proven itself as effective factor supporting the mechanism of protection of human rights in Uzbekistan.

In our country the Institute of Ombudsman has been formed following an evolutionary pattern. Initially, the existence of the Institute of the Authorized Person of the Oliy Majlis for human rights (Ombudsman) was not covered by the text of the Constitution of the Republic of Uzbekistan. In April 2003 the Parliament of Uzbekistan adopted a Law “On introduction of changes and amendments into the Constitution”, according to which the Article 78 of the Constitution was supplemented by paragraph 16. This paragraph provided for designation of the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights by the Legislative Chamber and the Senate of The Oliy Majlis. This provision meant providing Ombudsman with constitutional status.

On August 27, 2004 at its 15th Session the Parliament adopted a revised version of the Law “On the Authorized Person of the the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman)”, that took into account the reform of supreme legislative body and the processes of liberalization and democratization of public life. The new Law consists of Preamble and 22 Articles, and it entered into force in January 2005 following the results of elections into the Legislative Chamber and after the formation of the Senate of the Oliy Majlis of the Republic of Uzbekistan. The Law considered the provisions of new laws on the status of chambers of parliament, as well as the practice of Ombudsman’s Institution, international standards in the area of human rights institutions, and international experience in legal governance of the status of Ombudsmen.