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REFORMS IMPLEMENTED IN THE CREATION OF INTERNATIONAL
LAW NORMS OF THE REPUBLIC OF UZBEKISTAN
Boboyorov Jasur Marat o‘g‘li
Teacher of the special subjects cycle of the vocational training faculty of the
Institute of Advanced Training of the Ministry of Internal Affairs of the Republic of
Uzbekistan, captain
Abstract. The article provides an understanding of international law,
international legal norms, and highlights the participation of the Republic of
Uzbekistan in the creation of international legal norms, the speeches of its first
President Islam Karimov on international law, the proposals and plans made in the
speeches of our Honorable President Shavkat Mirziyoyev in Geneva, and the views
and comments of the Chairman of the Oliy Majlis on Human Rights, Akmal Saidov.
Keywords: international law, norm, convention, international organizations,
imperative, region, universal
Sources of international law
It is customary to consider as a form of expression
of an international legal norm. International legal norms are understood in two senses:
material (material conditions of social life) and formal (form of expression of a legal
norm). They are a form of manifestation of the result of coordination of the will,
desires and wishes of a state recognized by states, as well as a form of recording an
international legal norm. In international law, all sources are divided into two main
groups: primary and auxiliary.
There is no clearly established list of sources of
international law. The main sources of international law are international treaties and
customs. Some scholars include the UN Charter in the list of sources of international
law.
The Statute of the International Court of Justice includes Article 38, which
states: “The Court, which is obliged to decide the dispute before it in accordance with
the rules of international law , shall have regard to: a) international conventions,
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general and special, which establish rules and are recognized in a particular way by
the States in dispute;
b) customary international norms recognized as legal norms as evidence of
general experience;
d) the generality of law recognized by civilized nations
principles; e) as an auxiliary tool for determining legal norms, judicial
decisions and public legal teachings of qualified specialists of various nations
(doctrine) and the commentary mentioned in Article 59. The role of resolutions of
international organizations in interpreting existing norms is incomparable. General
international conventions
By "international treaties" is meant treaties to which all
states are or are parties and which reflect norms that are of universal binding
importance for the entire international community, that is, norms of general
international law. Special treaties are understood to be treaties to which a certain
limited number of participating states are party. International customs
It constitutes
the norms of international law, and it is such a rule of conduct that it
appears as
a product of the same type of behavior of subjects of international law, which is
always repeated, and is recognized as a legal norm. Repeated similar behavior of the
same type indicates their improvement. But international law does not specify at what
period it is necessary to form customary norms. Through modern means of
communication and transportation, states can immediately become aware of each
other's actions. Of course, they will react to them by taking one form or another of
action. This has led to the fact that the time factor is no longer as important in the
process of the formation of customs as it was before. Decisions of international
organizations, which are the agreed expression of states, can be the basis for the
formation of customs. The process of the formation of customs does not end with the
emergence of rules of conduct. Only when states recognize them as legal norms,
certain actions of states become customs. Customary norms have the same legal force
as treaties. Evaluating rules of conduct as customs is a complex issue. Unlike treaties,
customs are not formalized in a single written act. Therefore, the existence of customs
is determined by auxiliary means, namely court decisions, doctrines, decisions of
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international organizations, unilateral acts and actions of states. Court decisions,
which are considered auxiliary means, are based on
The International Court of Justice
of the United Nations, other international arbitration and judicial bodies include
decisions. When referring disputes to the International Court of Justice of the United
Nations and other international judicial bodies, states often ask to determine the
existence of customary norms that are binding on the parties to the dispute. In its
practice, the International Court of Justice of the United Nations has not limited itself
to confirming the existence of customs, but has given them a certain degree of clarity
(definition). An example is the decision of the UN International Court of Justice in
the 1951 Anglo-Norwegian Fisheries Dispute, which stated that coastal states may
use a straight line as the ultimate limit of their territorial waters when determining
customary norms.
Akmal Saidov's "Call to Action for Human Rights" on the important tasks set
by President Shavkat Mirziyoyev in his speech at the High-level segment of the 46th
session of the UN Human Rights Council, which began its work in Geneva:
Uzbekistan will consistently continue international cooperation within the framework
of this UN initiative
In his speech at the High-level segment of the 46th session of the UN Human
Rights Council, which began its work in Geneva today, the President of the Republic
of Uzbekistan Shavkat Mirziyoyev emphasized that over the past few years we have
been striving to become a member of the Council, fully aware of our responsibility.
As the Head of State noted, "Our democratic reforms are aimed at building a new
Uzbekistan, and these changes have become irreversible." Uzbekistan began to fulfill
its duties as a member of the UN Human Rights Council for the first time on January
1, 2021. Traditionally, our President participated and spoke for the first time as the
head of a member state of the Council in the High-level Segment, which is being held
in Geneva on February 22-24 as part of the spring session of the UN Human Rights
Council. The purpose of the segment meeting is to discuss at a high political level
urgent issues of protecting human rights in countries around the world, as well as
developing international cooperation in this area and strengthening the mechanisms
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and procedures of the UN Human Rights Council. The High-level Segment is the
main political event of the Human Rights Council during the year. This Segment was
established as a mechanism for developing and agreeing on common and mutually
beneficial approaches of UN member states on the promotion and protection of human
rights and freedoms. In connection with the coronavirus pandemic, the next meeting
of the Council was held in the form of a video conference. The meeting's agenda
included the most pressing issues related to the observance and protection of human
rights, including civil, political, economic, social and cultural rights. The event was
attended by UN Secretary-General António Guterres, High Commissioner for Human
Rights Michelle Bachelet, heads of state, government, foreign ministers and
representatives of national human rights institutions from about 150 countries, as well
as heads of a number of international and regional organizations. In his speech, the
President of Uzbekistan spoke in detail about the further deepening of democratic
changes in our country and the priority areas of our activities within the framework
of the UN Human Rights Council.
The first priority: implementation of the principle of "leaving no one behind"
In recent years, Uzbekistan has achieved a number of important results in the field of
human rights protection. In particular, in the elections held at the UN General
Assembly session on October 13, 2020, Uzbekistan was elected to the UN Human
Rights Council for the first time in the history of our national statehood for the period
2021-2023. In the words of our Head of State, "ensuring fundamental human rights
and freedoms is the most important thing in the reforms in Uzbekistan." In this sense,
the UN Sustainable Development Goals for 2030 are being implemented in our
country based on the principle of "leaving no one behind", and special attention is
paid to ensuring the rights, freedoms and legitimate interests of every person in our
country. A vivid example of this is the results of the comprehensive work being
carried out within the framework of the National Strategy of the Republic of
Uzbekistan on Human Rights, developed with the participation of experts from the
Office of the UN High Commissioner for Human Rights. The National Strategy,
adopted on June 22, 2020 at the initiative of the Head of our state, is of great
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importance in improving the mechanism for protecting human rights and forming a
human rights culture in our country. This document clearly indicates a systematic
approach to the issue of human rights and the elimination of existing gaps and
shortcomings. By a joint resolution of the Council of the Legislative Chamber and the
Council of the Senate of the Oliy Majlis of the Republic of Uzbekistan adopted on
September 25, 2020, the Parliamentary Commission on Compliance with the
International Obligations of the Republic of Uzbekistan in the Field of Human Rights
was established and its composition and Regulations were approved. The main goal
of the Parliamentary Commission is to facilitate compliance with the international
obligations of our country in the field of human rights and the implementation of the
National Strategy of the Republic of Uzbekistan on Human Rights.
Another important achievement in the field: According to the Decree of the
President of the Republic of Uzbekistan dated June 22, 2020, the “For the Protection
of Human Rights” badge was established. For the first time, this badge was awarded
to a group of citizens of the Republic of Uzbekistan and two foreign citizens for their
services in the protection of human rights and freedoms, their activity in promoting
human rights, their contribution to human rights education, the development of
traditions of human rights protection among young people, significant achievements
in the development and management of human rights organizations, and effective
scientific activities in the field of human rights. Please note: every 5 years, on
December 10, the day the Universal Declaration of Human Rights was proclaimed,
the UN Human Rights Award ceremony is held. This award was established in 1966
to honor people who have made a significant contribution to the protection of human
rights. Now Uzbekistan has also established its own human rights award. Since 2020,
annually on December 10 - International Human Rights Day, the laureates of the “For
the Protection of Human Rights” badge have been solemnly awarded. Thus, ensuring
the rights and freedoms of citizens in our country and implementing international
standards on human rights in national legislation and law enforcement practice have
become the main criterion for democratic reforms aimed at creating prosperous and
decent living conditions for the people. Today, the norms of more than 80
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international documents ratified by Uzbekistan in the field of human rights and
freedoms are reflected in national legislation. All this, undoubtedly, indicates that
state policy in this area is being effectively implemented due to the adoption of a long-
term strategy in the field of human rights. This, in turn, contributes to the formation
of an attitude of respect for human rights and freedoms in our society, further
strengthening the reputation of our country in the international arena, including
improving the position of the Republic of Uzbekistan in economic and political-legal
ratings and indices. The second priority: resolute continuation of gender policy In our
country, intensive work is being carried out to strengthen the socio-political position
of women within the framework of an active gender policy . As our President noted
at the 75th anniversary session of the UN General Assembly, “Gender equality policy
has become a priority issue for us. The role of women in state governance is becoming
increasingly important. The number of female deputies in our new Parliament has
doubled. " Indeed, as a result of the recent elections to the Oliy Majlis, for the first
time, the UN recommendations on the number of women in the Uzbek parliament (at
least 30 percent) were fully implemented. The election of 32 percent, that is, 48
women deputies, to the Legislative Chamber, in turn, ensured the rise of the Uzbek
parliament to 37th place among 190 parliaments in the world. Although in 2014 our
country was in 128th place according to this indicator. That is, before, the issue of
gender equality did not seem to be a priority for us. As a result, we have fallen far
behind in this regard. Recent analyses have shown that the role and influence of
women in our society, their participation in government bodies, are completely
unsatisfactory. Therefore, in the last 4 years, 2 important laws have been adopted in
our country - the law "On Guarantees of Equal Rights and Opportunities for Women
and Men" and the law "On the Protection of Women from Harassment and Violence".
In 2020 alone, 15 regulatory legal acts were adopted in Uzbekistan aimed at
increasing the role of women in government and society, ensuring their employment,
developing women's entrepreneurship, and supporting women in need. On this basis,
large- scale work is being carried out. For example, on the one hand, special centers
for the rehabilitation and adaptation of victims of violence are being established in
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places, and women are being issued special "Protection Orders". On the other hand,
today our sisters are effectively working in state administration departments. As a
result, the share of women in management positions has increased to 26.6 percent.
Since last year, at the initiative of the head of our state, the opportunities for girls in
need of social protection have been further expanded, and 4 percent state grants have
been allocated to higher educational institutions. Based on this new system, 950 girls
in need of social protection were admitted to study in 2020. Advisory councils on
gender equality issues have been established in all ministries and departments. More
importantly, in his Address to Parliament, our President put on the agenda the task of
establishing a Public Council of Women of the Republic under the leadership of the
Chairman of the Senate. This Council will be responsible for creating a
comprehensive system aimed at further improving the status of women in society and
in public administration in our country. The main task of the Council is to improve
the status of women in society, thoroughly study their problems, find practical
solutions to many socio-economic problems that torment women, and help them get
out of the "iron book" and "women's book". These facts and figures alone indicate
that women in our country are taking their rightful place in society. Consequently,
comprehensively ensuring the rights, freedoms and legitimate interests of women and
youth is one of the priority areas of the fair policy pursued by the President of
Uzbekistan. It is not for nothing that the President of Uzbekistan, in his speech at the
46th session of the UN Human Rights Council, emphasized the firm continuation of
gender policy in our country. This is also evidenced by the fact that this year our
country plans to organize a dialogue of leading women of Central Asian countries, as
well as a regional women's business forum. The third priority area: ensuring the rights
of persons with special needs. On October 15, 2020, the Law "On the Rights of
Persons with Disabilities" was adopted in our country. This Law, which entered into
force on January 17, 2021, replaces the Law "On Social Protection of Persons with
Disabilities in the Republic of Uzbekistan" adopted in 2008. In developing this Law,
the provisions of the UN Convention on the Rights of Persons with Disabilities, as
well as the laws of more than 10 foreign countries, such as the USA, Great Britain,
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Germany, Switzerland, Russia, Belarus, Ukraine, Azerbaijan, etc., were studied.
Today, work is being carried out in the chambers of the Oliy Majlis on the ratification
of the UN Convention on the Rights of Persons with Disabilities. At the same time,
the new Law, which provides for the international standards and requirements of the
Convention, as well as the use of the term “person with disabilities” instead of the
word “disabled”, serves to express the rights and interests of representatives of the
above category of our country. The new Law is the main legislative document
defining the rights of persons with disabilities. Considering that currently more than
700 thousand persons with disabilities live in Uzbekistan, including more than 100
thousand children with disabilities under the age of 16, the relevance and importance
of this Law is clearly demonstrated. The state provides material, advisory and other
assistance to families caring for children with disabilities, in short, it provides
comprehensive support to persons with special needs. As stated in the Address of
President Shavkat Mirziyoyev to the Oliy Majlis, Uzbekistan will gradually transition
to a "social model" of disability recognition in line with world standards. A new
system will be introduced to provide the needy population with prosthetic and
orthopedic products and rehabilitation equipment. About 50 thousand people will be
able to use this opportunity. The new initiative of the President in this regard - the
proposal to establish a Regional Council on issues of full realization of the abilities
of persons with disabilities - is also aimed at similar noble goals. The fourth priority
area: protecting the rights of youth The issue of youth is indeed an important factor
in the development of the new Uzbekistan. The fact that 9 deputies under the age of
30 were elected to the Legislative Chamber in the last parliamentary elections is a
vivid confirmation of this. Today, young people make up 6 percent of the composition
of the lower house of our parliament, while this figure is only
2 percent worldwide. As our President noted at the 75th anniversary session of the
UN General Assembly, " More than half of the population of our country is young
people. In our republic, great work is being done to ensure that every young man and
woman takes their rightful place in society and demonstrates their potential." Youth
parliaments and the Agency for Youth Affairs are operating in Uzbekistan. The Head
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of our state, speaking from the UN rostrum, once again called on everyone to support
Uzbekistan's initiative to adopt the UN Convention on the Rights of Youth. The draft
convention is receiving special recognition from the entire world community. In
particular, positive opinions were expressed on the draft convention at the Samarkand
Forum on Human Rights held last year. The international conference adopted the
Samarkand Resolution "Youth-2020: Global Solidarity, Sustainable Development
and Human Rights". The document, among other things, notes that youth rights are
rights that everyone should have, but some are deprived of such an opportunity due
to their young age. The Samarkand Resolution serves to comprehensively confirm the
need for greater involvement of young people in all processes related to the
development of modern states. Uzbekistan not only took the initiative to prepare this
draft convention, but also raised the youth issue to the level of a priority direction of
state policy today. In our country, an Agency for Youth Affairs has been established,
funds have been created, and permanent measures are being taken to ensure the
employment of young men and women. Speaking about youth organizations
established in our country in the recent period, it is also appropriate to note the
introduction of the position of Deputy Human Rights Ombudsman of the Oliy Majlis
of the Republic of Uzbekistan - Representative for the Rights of the Child. The Decree
"On Additional Measures to Improve the System of Protection of the Rights of the
Child", signed by our President on May 29, 2020, defined the main tasks and areas of
activity of the Ombudsman for the Rights of the Child. In his speech, the Head of
State announced that this year has been declared the "Year of Youth Support and
Strengthening Population Health" in Uzbekistan: firstly, to hold the World
Conference on Youth Rights under the auspices of the UN; secondly, to present a
draft Convention on the Rights of the Youth at the Tenth Forum of the UN Economic
and Social Council; thirdly, he put forward initiatives to establish the institution of
the UN Special Rapporteur on the Rights of the Youth. If we take into account that
today there are more young people in the world than ever before in human history -
more than 2 billion, it is clear that these ideas of the President of Uzbekistan are
extremely relevant and useful.
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REFERENCES:
1-
International Law Textbook - Akmal Saidov
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and universities. Ed. 3-d add. - M.: Voltere Kluwer, 2005. P.25.
3-International Law. Textbook for Universities. Responsible editors - prof. G. V.
Ignatenko and prof. O. I.
Tiunov. - M.: Publishing group NORMA-INFRA. - M., 1999. - P. 10
4-The Sources of International Law, Hugo. Thirlway. International Law. Malcolm D
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