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6Strategy of Uzbekistan №02 (2020) / ISSN 2181-2535 Journal home page: https://journal.strategy.uz
PUBLIC OVERSIGHT BRIDGE BETWEEN P AND POWER
r AS A PEOPLE
Uzbekistan, and in Central I I Asia in general, public control has long historical roots. Since ancient times, this institution functioned in a form of a council of elders, communities. For example, if a stranger appeared in some area, he was asked - "Who are you?", "Where are you from?", "What are your intentions?", which was one of the simplest elements of public oversight. In turn, we are well aware that in the distant and recent past, separate structures served as intermediaries in social and public administration, they communicated with people, taking into account the opinions of the majority when making important decisions. For example, Amir Temur in his work 'Temur Tuzuklari', noted that "in public administration, nine percent of state work was carried out by a council, by an event, and the rest -with a sword."
I
J SHUKHRAT "DEKHKONOV,
EDITOR-IN-CHIEF OF THE S. 'STRATEGY OF UZBEKISTAN' \ MAGAZINE, JOURNALIST, LEGAL EXPERT
= REFORMS
In
the context of globalization, the relevance of public control is manifested, first of all, in the prevention of corruption, greed, parochialism, abuse of one's position, fraud and other various threats, as well as in corrective actions in society.
Establishment of effective and efficient public oversight over the activities of state authorities and administration is seen as one of the most important conditions for building a strong civil society. This, in turn, implies enhanced
non-governmental organizations and the population, increased concern of social phenomena and a deep sense that every civil employee is monitored. At the same time, state agencies should unveil their policies, actions to the people, and report to them. This institution is the main factor to ensure balance, equality, mutual responsibility and accountability in relations^etween a person, society and the state in order to establish the principles of social justice in society. The institution of public oversight is not
just a state guarantee of human rights and freedoms, but also a priority for state agencies, indicating that political power is literally in the hands of the people.
As President Shavkat Mirziyoyev noted: «It should be clear that public oversight is not just control over the activities of state bodies, but also one of the important factors of civil society development.»
If we turn to international practices, today public structures operating in almost 80 countries around the world establish mutual consulting activities between the state and society. This, above all, lays a solid foundation for ensuring socio-political stability.
For example, the legal status of the Economic and Social Council of France, established in 1958, is enshrined in the Constitution. The Council has three main missions. First, it is called to ensure the participation of healthy forces in the social policy of the state. The second function is to study all economic and social problems and make their own decisions, except for issues related
to the state budget. The third mission comes to building a dialogue between representatives of different areas, to provide an official tribune to various categories of the population so that they can express their views on economic and social issues. To this end, the Council develops appropriate recommendations, prepares reports, and conducts research, summarizing the views of representatives of vocational and social organizations. The Council is empowered to bring up for discussion relevant issues of the economic, social and cultural life of society, both at the request of the government and on its own initiative. The Council submits its recommendations, reports and surveys directly to the President of France, the Prime Minister and the Parliament.
In Sweden, like in Norway, public discussions, hearings and expert reviews are promptly organized on important events. The public oversees certain events until the problem is resolved.
The Public Chamber
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of the Russian
Federation has been operating since 2005, in accordance with the federal law 'On the Public Chamber of the Russian Federation'. Under the law, the Public Chamber is elected every three years. The Chamber conducts research among citizens, state bodies, studies their recommendations to develop and pursue state policies, protect citizens' rights and freedoms, as well as exercise public oversight over the state power.
As stipulated by the law, socially important projects in the State Duma fall under examination by the Public Chamber. The Chamber applies various instruments such as public discussions, round tables, and offsite sessions. Every year the Chamber
organizes hundreds of mass events, holds 3-4 general meetings a year, spotlighting important issues of the development of the country and civil society. At the annual general meeting to sum up the year, it has become a tradition to hear reports on the state of the Public Chamber and civil society in the country, to make respective decisions.
Public oversight in the United States is evolving concurrently with the creation of civil society institutions. In Germany, however, public oversight as a decisive factor of consensus in society is exercised not only by civil society institutions, but also by parliament and
courts in relation to power. Civil society institutions, including mass media, oversee the corrupt practices of government employees.
In recent years, the public in Uzbekistan has also been widely informed about reforms, government programs, public oversight by various civil society institutions and citizens, as well as about activities on the socio-economic development of regions. This is how government agencies and the public strengthen cooperation to solve problems, catalyze mutual social partnership, and ensure the rights and interests of the population.
Indeed, the past three years have marked permanent efforts in the political system of Uzbekistan to ensure the formation and stability
Strategy of Uzbekistan
= REFORMS
of new democratic institutions. The Public Chamber, established in pursuance of the Presidential Decree 'On the establishment of the Public Chamber under the President of the Republic of Uzbekistan' dated April 16, 2020, will surely demonstrate its high activity in the near future. It is expected that the Public Chamber will strengthen the interaction of civil society with state bodies.
The Decree defines such issues as the formation of the Public Chamber under the President of the Republic of Uzbekistan and public chambers of the Republic of Karakalpakstan, regions and the city of Tashkent, major functions of the Public Chamber, its organizational structure, funding.
The document also stipuilates the Public Chamber and regional public chambers as permanent consultative and advisory bodies.
The Public Chamber under the President of the Republic of Uzbekistan consists of 50 members working in a voluntary capacity, that is, on-the-job.
18 members of the Public Chamber are
appointed by the President, another 18 are admitted to membership based on the decision of the Public Chamber and competitive selection from among candidates nominated by nongovernmental non-profit organizations operating at the republican level, the media and representatives of the public, and the remaining 14 members of the Chamber are the chairmen of regional public chambers.
A Regional Public Chamber consists of 21 members working in a voluntary capacity, and is formed from representatives of nongovernmental non-profit organizations operating in the regions, academia, the media and the public, recommended at public forums.
The term of office of members of the Public Chamber and regional public chambers is three years, starting from the date of the first general meeting of the Public Chamber and regional public chambers.
The Chairman of the Public Chamber and the chairmen of regional public chambers work in a voluntary capacity.
The Chairman of the
Public Chamber is equal in status to a Minister.
The Public Chamber is operated by its executive body, under the President.
The Decree defines 12 areas of activity of the Public Chamber. Specifically, the Chamber is called to maintain an effective dialogue between the state, citizens and civil society institutions to further accelerate the comprehensive development of the country, ensure consent on social interests, enhance citizens' engagement in state and public affairs, regularly study the mood of the population, discuss topical issues of public concern, inform the President about social moods. The Chamber also makes proposals on the development of regulatory legal acts concerning the chambers of the Oliy Majlis and the Government.
In recent years, the authority of Uzbekistan has been growing in 30 international ratings, as one of the tasks set in the Decree. To this end, in turn, the Chamber promotes the establishment of practical and effective
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cooperation of civil society institutions in achieving the UN Sustainable Development Goals and organizes public hearings on this issue.
Due to the establishment of the Public Chamber and aiming at prevention of duplication of functions of public structures, the Decree determined to abolish the activities of the Advisory Council for Civil Society Development under the President of the Republic of Uzbekistan.
The results of research and analysis of relevant
issues, conducted by the Public Chamber and regional public chambers, will be quarterly considered by the chambers of the Oliy Majlis of the Republic of Uzbekistan, Jokargy Kenes of the Republic of Karakalpakstan, local parliaments in regions, districts (cities), and in Tashkent.
The Public Chamber will annually submit an annual national report on the state and development trends of civil society to the President and the chambers of the Oliy Majlis.
The social and political life of Uzbekistan has been renewed with a new institution of Public Chamber enquiry as a form of public oversight. That is, the Public Chamber and territorial public chambers have the right to send a request of the Public Chamber to state agencies and organizations for a reasoned explanation or clarification on the implementation of laws, state programs in various fields and other important issues within their competence.
WHAT IS THE
IMPORTANCE OF THE CHAMBER AS A NEW
INSTITUTION IN
UZBEKISTAN?
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Strategy of Uzbekistan
= REFORMS
First, the
collaboration of 'a citizen
- public organizations
- the state' creates prerequisites for eliminating the alienation of the people from power, power from the people, by strengthening their unity. Such a collaboration is expected to implement the principle of people's power, established by the Constitution.
Second,
the Public Chamber protects the interests, aspirations, needs, rights and interests of citizens.
Third, in
contrast to state control, the Chamber unites any efforts of citizens and civil society institutions aimed at developing the country.
Fourth, the
Chamber catalyzes citizens' engagement in the work of the state and society, motivates people to make a worthy contribution to the development of the state and society, and introduces modern mechanisms of public-private partnership.
Fifth, it is
called to fully ensure the implementation of the Law 'On Public Control'. That is, such instruments as appeals and inquiries to state bodies, participation in open meetings of the panel of state bodies, public discussions, hearings, monitoring, expert examination, public surveys, hearing reports of executive bodies, other organizations and institutions, applied by citizens' self-government bodies, have started functioning in practice.
Sixth, the
Public Chamber represents the interests of more than 10,000 nongovernmental non-profit organizations operating in the country, plays an important role in catalyzing their activities as an integral system, as a bridge with the state to promptly address people's problems, and achieve specific and effective results.
Seventh, the
formation of a new mechanism will create environment for the widespread dissemination of the idea «Society is
the Initiator of Reforms» in society, and will lay the basis for deepening democratic processes in the country, increasing the public's influence on decision-making on topical issues related to the life of the state and society.
Ultimately, public oversight ensures balance, equality, and mutual responsibility in relations between a person, society and the state for making decisions on social justice. This institution practically ensures that human rights and freedoms in Uzbekistan are guaranteed not only by the state, but are also a priority in the activities of state bodies. Public oversight in the society demonstrates that political power is fully in the hands of the people.
