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ПОЛИТИЧЕСКИЕ НАУКИ
Formation and modern directions of state policy of the Republic of Uzbekistan to promote gender equality
Niyazova N.
Становление и сущность государственной политики Республики Узбекистан по продвижению гендерного равенства Ниязова Н. М.
Ниязова Наргиза Мухтаровна /Niyazova Nargiza Mukhtarovna - соискатель, кафедра мировой политики и международных отношений, Ташкентский государственный институт востоковедения, г. Ташкент, Республика Узбекистан
Abstract: in this article we disclose formation and nature of state policy on gender equality advancing of the Republic of Uzbekistan. Besides this, the main attention is paid to the questions of state gender policy, to its normative and institutional provision, also the consideration of international standards on gender equality questions. Аннотация: в настоящей статье раскрыты становление и сущность государственной политики Республики Узбекистан по продвижению гендерного равенства. Помимо этого основное внимание уделено как вопросам становления государственной гендерной политики, так и ее нормативному и институциональному обеспечению, а также учету международных стандартов по вопросам гендерного равенства.
Keywords: government policy, gender equality, gender policy, established standards, international law, UN, governmental and non-governmental institutions, institutional provision.
Ключевые слова: государственная политика, гендерное равенство, гендерная политика, международные стандарты, международное право, ООН, правительственные и неправительственные институты, институциональное обеспечение.
УДК 327.33
Having joined many international documents and recognizing the supremacy of international law, The Republic of Uzbekistan pays great attention to the issue of gender equality, raising the role of women in the public and state building. State policy of the Republic of Uzbekistan is aimed at implementing the principle of equal rights and freedoms and equal opportunities for women and men in accordance with the constitution. Since only in case of absolute equality of rights between men and women a stable and democratic development of the country can be ensured. Thus, the Ombudsman S. Rashidova said: "The creation of the legal and organizational conditions for the participation of women in governmental and public affairs is an important element of the democratic development of society. Women as well as men, under the law, have the right to participate in the political process through election for elective positions in all parts of the representative authorities, taking positions in the executive branch" [15].
The principle of equality is fundamental for democratic principles system guaranteed by art. 18 of the Constitution of Uzbekistan, which asserts the equality of all citizens regardless of gender, race, nationality, language, religion, social origin, beliefs or personal or social status. Article 46 of the Constitution establishes the equality of men and women in all spheres of public life. The right of getting education for all citizens regardless of their gender is guaranteed by article 41 of the Constitution of the Republic of Uzbekistan [1]. Women's participation in social and political activities is one of the most important tools for
achieving equality. For example, Presidential Decree No. UP-1084 "On measures to enhance the role of women in state and social building of the Republic of Uzbekistan" dated March 2, 1995 was the impetus for activity of the committees at all levels [9, P. 251]. According to the decree of the Chairman of the Women's Committee of Uzbekistan became the Deputy Prime Minister and the chairmen of city and district committees of women became deputies of khokims [14, p. 45].
Sovereign Uzbekistan, having become full member of the UN, has joined many conventions and international documents. One of the first in Central Asia, Uzbekistan joined the UN Convention on the Elimination of All Forms of Discrimination against Women issued on 1979, supporting women's rights at the international level and defining action plan of the state to protect them. Women's rights also provides the joining of the Republic of Uzbekistan to international documents such as the Convention on the reduction of working hours to forty hours a week, the Declaration and Platform for Action of the Fourth World Conference on Women (Beijing, 1995) [3]. Ratification of the Convention on the Elimination of All Forms of Discrimination against Women in 1979, as well as the ratification of other international human rights documents, was the expression of the country's commitments to improve the status of women and gender equality. As rightly pointed out by Professor E. S. Sultanova, "on the example of implementation of the Convention of 1979 it is fair to say that Uzbekistan, jointly with the UN, is protecting the rights of women" [16, p. 224].
Uzbekistan ratified the Convention of 19 July 1995 and provided 5 periodic reports to the UN Committee on the Elimination of Discrimination against Women, the last of which was granted February 28 2014 [18]. February 25, 2014 Fifth National Report was reviewed and approved by the Interdepartmental Working Group of monitoring the respect for human rights by law enforcement agencies under the Ministry of Justice of the Republic of Uzbekistan, and on February 26, 2014 by the Committee for Democratic Institutions, NGOs and public authorities of Legislative Chamber of Oliy Majlis of Uzbekistan (Int.p. 27) [13, p. 7].
September 24, 2010 the Committee for Democratic Institutions, NGOs and Civil Society Legislative Chamber of Oliy Majlis of Uzbekistan held parliamentary hearings on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women, 1979. July 6, 2011, the Committee of the Senate of Oliy Majlis of the republic of Uzbekistan on Foreign Affairs held a hearing in the Fergana region khokimiyat about implementation of the Convention on the Elimination of All forms of Discrimination against women 1979 (Int.p. 6-7) [13, p. 3].
In addition, in 2007 the Republic adopted a national action plan to implement the recommendations of the Committee on the Elimination of Discrimination against Women, the draft law of the Republic of Uzbekistan "On guarantees of equal rights and opportunities for women and men." The purpose of this bill is to determine the guarantee of equal rights and opportunities for women and men in political, economic, social, cultural and other areas of public life, the regulation of the legal framework to prevent gender discrimination [6, p. 6-7].
Currently, the work on improvement of the draft law "On guarantees of equal rights and equal opportunities for women and men" is continued. With the support of the UN Population Fund the bill was studied by the international expert V. Neubauer, who pointed out that it is aimed at preventing discrimination against women. The expert suggested to supplement the draft law with provisions about the body coordinating the implementation of state policy in the field of women's rights and the equality of women and men in marriage and family relations, means of protection of women's rights, the definition of timing performance of individual articles of the law, etc.
The draft law, finalized in view of B. Neubauer comments, was discussed with the participation of the Center for Support of Civil Initiatives, together with the Women's Committee of Uzbekistan, the Centre for Human Rights with the assistance of the UN Population Fund on the "round tables" on the topics: "Strengthening of legal guarantees of women's rights in the Republic of Uzbekistan" and "Strengthening the legal guarantees of
women's rights in family relations". Almost in all regions of the country, 12 events were held with the participation of over 300 representatives of local authorities, women's NGOs and public authorities [12, p. 2].
Uzbekistan is actively cooperating with the statutory and treaty bodies and special mechanisms of the United Nations on the implementation of its international obligations in the field of women's rights, regularly steering into these structures the information on various aspects of women's rights and gender equality. In 2010-2013 it was provided with detailed information on more than 40 appeals of international organizations in the sphere of human rights, including women's rights, namely of the Special Rapporteur on the sale of children, child prostitution and child pornography; Special Representative on violence against children and of national mechanisms to combat violence against children; Special Rapporteur of the UN Human Rights G. Shahinyan on contemporary forms of slavery; Special Rapporteur of the UN Human Rights K. Singh on the right to education; The independent expert of the UN Human Rights P. Manju on violence against women (Int. p. 17) [13, p. 5].
During 2010, the Republic courts of Civil Affairs considered 22 claims related to discrimination against women, of which 14 claims were satisfied, in 2011 - 24 actions, of which 17 were met, in 2012 - 27 complaints, of which 23 were satisfied and in 2013 - 37 complaints, of which 29 were satisfied. In the period from 2010 to 1 October 2013 at the Prosecutor's Office considered 219 appeals for the protection of the rights of women, satisfied - 45, restored the violated rights of 58 appeals [17].
In case of violation of their rights women can restore them by non-judicial and judicial protection. They have the right to:
- firstly, to petition to relevant state bodies, which in the prescribed manner take, consider and resolve a complaint by checking the applicant's submissions and sending him a written reply on measures taken to restore the rights of the applicant (administrative protection);
- secondly, to appeal to the court a statement about unlawful actions or decisions of state bodies and officials (judicial protection);
- thirdly, to appeal to the authorized representative of the Oliy Majlis for Human Rights (Ombudsman) with complaint about the violation of rights and freedoms of citizen if one used the above means and methods of protection of citizen's rights. The Ombudsman does not consider issues related to the competence of the court. After verification of the arguments it submits the conclusion to the appropriate state body with its recommendations on the restoration of the rights of the applicant;
- fourthly, to appeal to the prosecutor's offices that oversee the implementation of laws. The prosecuting authorities are considering applications and complaints of citizens and take measures to restore their violated rights. If there are grounds, prosecutor may institute criminal proceedings or administrative proceedings against those who have committed human rights violations, as well as produce and maintain an action in court, if a citizen whose rights have been violated, for reasons of health or age can not personally defend one's rights in court;
- fifthly, to appeal to the judicial authorities empowered to protect the rights and freedoms enshrined in the Constitution and laws of the Republic of Uzbekistan by objective and comprehensive consideration of citizens' appeals on violations of their constitutional rights and freedoms and deciding upon the measures in accordance with the law;
- sixth, to appeal to the authorities of the defense attorneys who provide legal assistance to individuals and legal bodies on the basis of the principles of the independence of lawyers, strict compliance with professional ethics, attorney-client privilege, applying the methods and remedies, not prohibited by law.
A woman can apply to above-mentioned bodies in case of violation of her rights, no matter by whom her rights were violated [6, p. 50].
As an experiment, the Main Department of Penal Corrections of the Ministry of Internal Affairs decided to introduce the post of Ombudsman for Rights of prisoners in penal
institutions for minors and women in the detention center of Bukhara, which is a positive example for the protection of the rights of convicted women [12, p. 6].
In the case of women's rights and gender equality protection in the republic not only practical actions are carried out, but also the theoretical foundation of implemented measures is developed, the proof of which is conduction on May 31, 2013 of international conference about "Ensuring the rights and freedoms of women and their full participation in public political, socio-economic and cultural life of the country: experience of Uzbekistan" (Int.p. 19) [13. p. 5-6].
Since 1998 the country is publishing statistical compilations of basic gender indicators. In 2007 - collection "Women and Men of Uzbekistan" (2000-2005), in 2010 - "Women and Men of Uzbekistan - 2007" in 2012 - "Women and Men of Uzbekistan - 2007-2010" compilation of statistics "Women and Men of Uzbekistan in 2012".
In addition, various state bodies of Uzbekistan are working hard to spread the ideas of the UN Convention of 1979 among the population.
In particular, the Women's Committee of Uzbekistan held 9314 events, has published more than 200 articles in the media, covered more than 1,915,450 people. Beginning in 2010, spread out over 2,100 copies of the Convention and its Optional Protocol. In December 2013, together with partner organizations issued 6,000 thousand copies of Convention in Uzbek and Russian languages.
In 2013, the judicial authorities, in order to clarify the requirements of the Convention, has organized 5401 events, in among them - 985 in the media: 269 - on television, 261 - on radio, 391 - in newspapers, 18 - in magazines, 46 - on websites. Among 4155, 1573 events were held in the form of lectures, 1879 - "round tables", 697 - seminars, 6 - scientific conferences, 2386 - among rural women. 6 teaching aids were published, 255 posters and booklets edition of 4763 copies were produced and distributed.
By the prosecutor's authorities in 2010 were carried out 3064 events to explain the Convention, in 2011 - 4230, in 2012 - 2099 and during 11 months of 2013 - 1700. In the higher education courses of the General Prosecutor's Office special series of lectures on the Convention UN 1979 are provided.
By the Ministry of Health have been held: in 2012 - 150 746 events in 110 559 mahallas; 28,815 schools; 10719 high schools and colleges; 653 in high schools for 6,123,176 students; Media: 847 Television performances; 1156 radio broadcasting; 671 articles in newspapers and magazines. In 2013 - 159331 events held in 118043 mahallas; 28,753 schools; 11,870 high schools and colleges; 665 - in the universities for 4 378 924 participants. In the media: TV - 1312 performances; 1677 - radio broadcasts; published 828 articles in newspapers and magazines [17].
In 2014 republic internal affairs officials held 87,755 meeting, talks and lectures on the topics of gender equality and the prevention of domestic violence/ On 22 October 2014, the department for the theory and practice of human rights held a training workshop on the topic "Protection of women's rights in the work of the crime prevention inspectors of the internal affairs agencies" [12, p. 6-7].
Also, as one of significant actions of the international community for the elimination of gender inequality the Fourth World Conference on Women was held in September 1995 in Beijing, where on the Beijing Declaration and Platform for Action were passed through. One of the most pressing twelve priorities identified in the Beijing Platform for Action for Uzbekistan were:
- Improvement of education and professional literacy of women;
- Improvement of the economic situation of women, particularly rural women;
- Equal participation of women in decision-making at the political, legislative and executive levels;
- Creation of a new image of women in the media in Uzbekistan, culture and art, to overcome existing stereotypes;
- Prevention of all forms of discrimination and violence against women;
- Development and strengthening of the role of women's NGOs, broad-based gender studies;
- Improvement of the national system for the advancement of the women status in the country [3].
At the end of each year, hearing of the report on implementation of the National Plan was provided, and provision of report to the Government of the Republic of Uzbekistan on the implementation of measures for the advancement of women position, taking into account the Declaration and Platform for Action of the 4th World Conference on Women.
It is important to note that Uzbekistan fully supports and endorses all UN initiatives aimed at ensuring the rights and interests of women.
In this regard, we note that Uzbekistan also signed the Millennium Declaration and identified two national objectives within the framework of the MDG-3:
Objective 3. Achieving gender equality in primary, secondary and vocational education by 2005.
Objective 4. Achieving gender balance in higher education by 2015.
As in many other countries, the first task was achieved in Uzbekistan in 2005 and it was announced that the second task "is likely to be achieved by 2015". In January 2011, the Government had approved amended version of local MDGs (Art. 35) [4]. This document introduced new target under MDG 3: Eliminate gender disparity in employment and participation in social processes.
Creation of all necessary conditions for development of women in Uzbekistan gained the status of state policy. President of the Republic of Uzbekistan and the Government had taken special measures to improve the position of women. The Republic has adopted the following programs: "On the measures for 1999 to strengthen the role of women in the family, the State and society, the improvement of the protection of their legal, social and economic interests", the regulation "On additional measures to encourage large families and poor families engaged in individual housing" was accepted by the Cabinet of Ministers of the Republic of Uzbekistan, and the National Plan of Action for the Advancement of Women of Uzbekistan was developed [14, p. 46]. In addition, new position under the Cabinet of Ministers - Deputy Prime Minister for Social Affairs and Secretariat for Social Protection of Family, Motherhood and Childhood - was established.
According to UNICEF, the amount of government expenditures on health care, schooling and vocational education in Uzbekistan is the largest among the countries of Central Asia. Thus, some progress was achieved in Uzbekistan [19].
As the President I.A. Karimov said in his report on the 14th anniversary of the adoption of the Constitution, one of the fundamental principles of national model of market reforms in Uzbekistan - the implementation of strong social policy [7]. At the same time, all the radical changes in socio-economic development occurred in the years of independence were largely predetermined by the state course on full cooperation of social reforms and deep awareness of the essence of measures taken in this direction [11].
In process of market reforming main strategic goals of the state in the social field were aimed primarily at improving the quality of life and well-being of family and each individual. This line expresses the essence of social policy in the country, the future strategy of the reforms.
In numbers, we note that if in 2006 the total state budget expenditures on the social sphere and social support of the population amounted 51%, while in 2007 this figure was 54.1% and the cost of social benefits for families, including those with children in the 2007 budget amounted to 7% (art. 27-7) [5].
Continuing a steady line of promotion of gender equality in the society, the President of the Republic of Uzbekistan announced by his decrees 1997 - the Year of the interests of the person, 1998 - Year of the Family, 1999 - the Year of Women, 2000 - A year of healthy generation, 2001 - Year of Mother and Child and 2005 - the Year of Health. President of Uzbekistan Islam Karimov has rightly pointed out that at the end of 2005 year "significant results in such important areas as maternal and child health, reproductive health, family
health were achieved. Also noteworthy is the fact that thanks to the improvement of mother and child screening, the introduction of compulsory pre-marital medical examination, the expansion work on the patronage and vaccination of children less than one year, other important activities, the cases related to infant mortality rate decreased by 7.4% compared with the year earlier, maternal mortality - by 6.8%" [8].
The positive trends in the field of enhancing the role of women, promoted by the adoption of all measures of the President of the Republic of Uzbekistan I. A. Karimov and the government on the rights of women in the political life of society, provide women a greater role in political and economic decision-making at the highest level. Presidential Decree No. UP-3434 "On additional measures to support the activities of the Women's Committee of Uzbekistan" dated May 25, 2004 is a clear guideline for further improvement of this work (Art. 251) [10]. At the report-election conference of the Women's Committee of Uzbekistan held on January 25, 2013 a new version of the Charter Committee was approved, which hardened its objectives in the area of comprehensive support to women, their participation in socio-political, socio-economic and cultural life of the country; formed the organizational structure of the Women's Committee: in order to control and monitor the implementation of the National Plan of Action (NPA) established mobile teams to monitor the implementation of NAPs in some regions of the country.
However, the importance of further improving of activity of women and their legal knowledge becomes a goal-directed cooperation of relevant ministries, departments, public organizations and foundations.
In recent years, thanks to the ongoing policy, women are beginning to be included in the social-political activities of the state, which is one of the important criteria of the political process [20]. In this sense, the elections to the Legislative Chamber of Oliy Majlis of Uzbekistan became a turning point in the promotion of women in political processes in the Republic, as the first time in the country's history the 30% quota for the nomination of women by political parties has been introduced and tested in practice. Today, more than 18% of the members of the Legislative Chamber are women, and that is two and a half times greater than after the elections of 1999. In 1999, after the last multi-party elections in the parliament 18 women were elected by the deputies, that is 7% of members of parliament [21]. Definition of 30% quota for women in the nomination of candidates allowed to increase their representation in the Oliy Majlis. Thus, the number of women now reaches up to 18% of the deputies of the Legislative Chamber and 15% in the Senate. It is noteworthy that three of them were nominated by the Women's Committee of Uzbekistan.
At the same time, elections were held in Jokargy Kenes of Karakalpakstan and local councils. The fact that the representation of women in these Council of deputies also increased significantly shows the growth of status of women in our society. For example, today in the Jokargi Kenes their number is 12%, in the regional council and the Kengash of the Tashkent city - more than 14.2%, in district - more than 17%, and in the city - more than 22%. This confirms the effectiveness of introduction of quotas, and, therefore, its impact on women's political participation [2].
Today, the Speaker of the Republic of Uzbekistan in the Legislative Chamber of the Oliy Majlis, the chairman of the Parliamentary Committee on Social Affairs and Employment, Human Rights Commissioner of the Parliament (Ombudsman), Chairman of the Parliamentary Commission for Family and Women, one of the deputy prime minister and minister of economy are women.
Thus, today Uzbekistan is taking progressive steps to achieve the Millennium Development Goals, aimed primarily at improving lives of people. National plan of action for further implementation of the UN Convention on the Elimination of All Forms of Discrimination against Women is carried out.
However, despite the relative increase of women in the political sphere, their presence in higher echelons of power, generally in the areas of decision-making, representation in political parties remains low. It should be noted that alternative resources of political
participation is work of women in public institutions through which women form the experience of political work and raise the level of political culture.
In general, implementation of the deep market and democratic reforms, strong economic growth and continuous improvement of quality of life provide the necessary foundation for solid progress of our country on the path of further renewal and sustainable development. These positive changes also affect public opinion. Residents of the Republic fully support political and economic reforms held by the head of the state. Vast majority of citizens of Uzbekistan sees President Islam Karimov as main guarantor of peace and stability in the country, strengthening the independence of the state, firmly believes in success of reform and modernization of all aspects of our society.
Thus, for more complete and sustained participation of women in the political life of our country it is necessary to improve their knowledge in the legal and political spheres, to give them every assistance and encouragement at various levels. Gradual promotion of women in this area is new for them today. Experience and time are required for women's participation in politics to be benefited and rated with the best hand.
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