the Constitution of our independent country was adopted not long ago, it has
its unique development way. Our main law is based on achievments of
international experience. Along with international experience it also includes traditions of our
nation in most articles which are scientifically based on practical and historical experiences
of our nation. In this case, I think it is worthy to analyse some articles in following context.
is essential to mention that, according to the
article 31 ‘Freedom of
conscience is guaranteed to all. Everyone shall have the right to profess or
not to profess any religion. Any compulsory imposition of religion shall be
means citizens can have theistic, non-theistic and atheistic beliefs. In
history, many nations whose religions
and beliefs were different lived together in Central Asia for ages and they
treated with each other friendly. More specifically, in spite of the fact that
the main religion of people of Transoxiana was Zoroastrianism, Urgut district
was the centre of Christianity in Central Asia. In the period the timurids
Miranshakh who was the ruler of western regions (Khurasan, Iran, some regions
of present Turkey) was called as "the supporter and protector of christians”
despite being muslim. By that fact, we can say nations of present Central Asia
lived with the principles of tolerance
when people didn’t know the word
"freedom of religion and belief” in Europe.
principles stated in the Constitution have created a new type of relationship
between the state and its citizens based on mutual collaboration and reciprocal
responsibility, and every citizens rights and freedom irrespective of nationality are protected by law.
Furthermore, in the article 39 it is written that "Everyone shall have the right to social security in
old age, in the event of disability and loss of the bread-winner as well as in
some other cases specified by law. Pensions, allowances and other kinds of
welfare may not be lower than the officially fixed minimum subsistence wage”. Also in the article 64 "Parents shall be obliged to support and care for their
children until the latter are of age. The state and society shall support, care
for and educate orphaned children, as well as children deprived of parental
guardianship, and encourage charity in their favor”.
In our county these principles have existed from
ancient times. The people who were in need of humanitarian help have been
provided by the governmental organizations according to Muslim Law. In fact, official
tax which was called "zakot” was collected
for the welfare of poors and low standart livers. It can be stated as the proof
that there was the type of propery which was for humantarian help called "vakf”
in Transaxonia (present Uzbekistan), since Samanids.
Let’s talk about some constitutsional duties along
with constitutsional rights. According to the article 50 environment protection
is the constitutional duty of all citizens. It is known that according to the rules of Zoroastrianism
following elements were taken into consideration as the main parts of nature.
They are ground, water, fire and air. People who polluted the nature were
strictly puneshed. In particular, in the fifth chapter of "Videvdat” of
"Avesto” people are encouraged strongly to fight against harmful insects
and any creatures which spread illnesses and which are unuseful for society and
environment. Moreover, in the 13th and
15th chapters of that book the principles of water protection and water pollution monitoring are written.
For instance, people are allowed to water their plants only two times a day.
That quote is also stated in our
constitution and these principles are placed as the type of national
tradition. In today’s rapidly changing world, I think it is very essential when
the people are dying from water shortage and when there is a danger of water
war in some parts of the world.
the article 98 of our constitution it is stated that ‘The executive authority shall be exercised by the
Cabinet of Ministers of the Republic of Uzbekistan’. From
the age of Samanids Executive branch belonged to Devon (The Ministry). The
number of ministries was ten. All of them had their own name. Such as
‘Mustafi’, ‘ Sohibi shurat’ and so
on. It is similar to today’s government
system. There was a ministry in each field and in ‘Temur tuzuklari’ it is
believed that ministries are the basis of the empire.
conclusion we would like to state an extract from the speech of the President
of Uzbekistan Islam Karimov given in the
adoptation ceremony of the constitution (20 years ago from present time): ‘The
constitution of each country reflects
its population’s benefits, outlooks, hopes and wishes. Our Constitution is not an exception. It is derived from our
nation’s politicial wisdom and historical experience’.