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Federalism and/in Emergency – a Winter School Defying the Pandemic
![Anna Gamper](https://webassets.eurac.edu/31538/1623271258-annagamper.jpg?w=352&h=352&fit=crop&crop=focalpoint&fp-x=0.52&fp-y=0.35&auto=format)
The right to participation is fundamental for national minorities to be fully integrated into public life and crucial for maintaining a peaceful and democratic society. Experience, particularly in Europe, has shown that governments often need to establish tailored arrangements for minorities to ensure their inclusion within the state while preserving their identity. This approach not only promotes good governance but also enhances the integrity of the state. The Lund Recommendations on the Effective Participation of National Minorities in Public Life emphasize the importance of effective participation such as voting and candidacy rights, in creating sustainable, cohesive, and inclusive societies. While integration is a two-way process involving both minorities and majorities, ensuring minority rights in the political sphere can help alleviate tensions but often must be justified as exceptions from the principle of formal equality. Citizenship, typically used to define voting and candidacy rights, can also be misused to deprive minorities of their participation and representation which can lead to to defensive exclusion. Electoral legislation, largely determined by specific legislature, poses challenges, especially in majoritarian electoral systems where district composition can influence results. To address these issues, guaranteed representation through reserved seats has become increasingly important, particularly in Central and Eastern Europe. Additionally, granting veto rights to minority representatives in legislative or executive bodies can protect their vital interests against majority decisions. Representation in executive, judicial, and consultative bodies is equally important to reflect societal diversity. This can be achieved through reserved seats, quotas, or earmarked posts in public administration and the judiciary. Moreover, the consultation of specific bodies, elected and managed by minorities, serves as another means of ensuring their representation within the broader institutional framework.
Karakalpakstan is a sovereign republic within Uzbekistan where it occupies 40% of its territory. Most of the region consists of desert dunes. It is home to nearly two million people, and its population density is one of the lowest in Uzbekistan. The republic has its own symbols, constitution, and autonomous state administration, which is headed by the country’s parliament, the Jokargy Kenes.
The territory has undergone several changes in its status. In 1925, the Karakalpak Autonomous Region was created as part of the Kazakh ASSR, but it was later transformed into an autonomous republic directly subordinate to the RSFSR, and in 1936 it became part of the Uzbek SSR.
By 1993, after the collapse of the Soviet Union into independent republics, Karakalpakstan adopted a new constitution and was transformed into a sovereign parliamentary republic. The territory signed an interstate treaty with Uzbekistan, according to which, it is part of it for twenty years and following this time frame, can gain independence through an internal referendum.
In a significant move, on 25 June 2022, deputies of the Legislative Chamber of the Oliy Majlis – Uzbekistan’s parliament, unanimously approved and adopted a draft to amend Uzbekistan’s Constitution. The public was given ten days to discuss the changes, after which the amendments were to be put to a referendum. The draft proposes more than 200 amendments to 64 articles of Uzbekistan’s Constitution, as well as six new articles. The constitutional amendments enacted by Uzbek President Shavkat Mirziyoyev in June 2022 sparked widespread violent protests, resulting in significant casualties, including at least 18 fatalities among law enforcement personnel. Protests erupted in Nukus, Muynak, and Chimbay in the western part of Uzbekistan in response to the amendments to the Constitution proposed for public discussion on 25 June 2022. The proposed amendments to the Constitution of Uzbekistan, submitted for public discussion on 26 June 2022, have stirred significant controversy, particularly regarding the alteration of the article pertaining to the status of the republic. Specifically, the proposed revisions seek to remove the "sovereign" designation of Karakalpakstan, as outlined in Article 70 of the current Uzbek Constitution. Instead, the proposed draft refers to Karakalpakstan simply as a republic in this article. Additionally, the draft amendments modify Article 74, which addresses Karakalpakstan’s right to secede from Uzbekistan through a referendum. The current provision grants Karakalpakstan the authority to determine its political future through a democratic process. However, the proposed amendment alters this right, emphasizing Uzbekistan’s control over Karakalpakstan’s legislative, executive, and judicial functions. These proposed changes have raised concerns about the extent of Karakalpakstan’s autonomy and its ability to govern its affairs independently.
As protests erupted in Karakalpakstan, the Uzbek government initially denied the legitimacy of the dissent and framed it as the work of a "criminal group" seeking to destabilize the republic and disrupt national unity. The authorities declared a state of emergency on 3 July 2022, imposing curfews which they justified as necessary for maintaining public order and deploying police forces to suppress the demonstrations.. President Mirziyoyev condemned the protests as attempts to undermine Uzbekistan’s stability and reassured the public that the constitutional amendments would proceed, extending the public consultation period until 15 July 2022. The government also sought to counter international criticism by rejecting claims of human rights abuses and asserting that the use of force was justified and proportional. In response to ongoing unrest, the General Prosecutor’s Office announced criminal charges against protest leaders, including the widely known lawyer and human rights defender Dauletmurat Tazhimuratov. The accusations against these leaders being cited as attempts to overthrow the constitutional order. This crackdown was framed as a response to "external forces" manipulating the situation, while efforts to manage the "narrative included emphasizing that the proposed constitutional changes were for national progress and security.
The events in Karakalpakstan have far-reaching implications for democratic governance within the region as well as for minority rights there. The central government’s unilateral decision to implement constitutional amendments without consulting the Karakalpak people, demonstrated a disregard for minority rights and cultural identity as well as for international commitments and obligations. Active involvement, encompassing voting and candidacy rights, are vital for fostering enduring, unified, and inclusive communities. Integration involves mutual engagement from both minority and majority groups.
Uzbekistan, like other members of the international community, indeed has obligations under various human rights treaties and conventions to safeguard the rights of minorities.
The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the Convention on the Elimination of All Forms of Racial Discrimination are just a few examples of such agreements. By having ratified these treaties since 1991, Uzbekistan has committed to upholding the rights enshrined within them, including those which pertain to minorities. According to Article 25 of the ICCPR, every citizen without any kind of distinction such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status has a right to vote and be elected. Uzbekistan has attempted to completely deprive the people of Karakalpakstan of this right, constituting a blatant violation of fundamental rights.
Ensuring the complete and meaningful participation of minorities in Karakalpakstan, or any other region within its borders, is an essential aspect of fulfilling these international commitments. Tangible actions are necessary to guarantee that minorities have equal access to opportunities, services, and participation in decision-making processes. This includes legal protections against discrimination, support for minority languages and cultures, political representation, and access to essential services. Uzbekistan must not only enact laws and policies that protect minority rights but also ensure that these laws are effectively enforced and that institutional structures are in place to support their implementation.
The situation in Uzbekistan was not objectively covered by the media and in the instances it was, , it was biased in favor of the government, stating that these amendments were initiated by the parliament of Karakalpakstan. Current reports indicate that amendments to Chapter XVII of Uzbekistan’s Constitutuion, pertaining to the "Republic of Karakalpakstan," have been removed from the draft law at the suggestion of the President of Uzbekistan following the events of 1-2 July 2022. This illustrates the substantial role that protests, and civil society play in safeguarding rights.
The international human rights organization ‘Human Rights Watch,’ highlights that the details surrounding the violent clashes remain unclear and that this is partly due to the Uzbek authorities blocking internet access in the region. The organization also noted reports of journalists facing persecution for covering the events. Moreover, they are concerned that the government is focusing solely on the actions of the protesters rather than those of the security forces.
"Uzbekistan has been an extremely authoritarian state for decades, where human rights were largely symbolic. Since coming to power in 2016, President Mirziyoyev has taken some steps to improve the human rights situation, such as releasing some political prisoners and ending the systematic use of forced labor in the cotton harvest. However, issues like the lack of judicial independence and the widespread use of torture in state security agencies persist, and abuses by security forces rarely undergo effective investigation," writes HRW.
The Karakalpakstan protests offer a profound lens through which to examine the essential role of minority participation in democratic governance. The events of June and July 2022 reveal that genuine democracy requires more than the mere existence of legal frameworks; it demands that these frameworks be inclusive, just, and reflective of the rights and aspirations of all citizens, particularly minority groups.
The protests against the proposed constitutional amendments in Uzbekistan underscored a critical failure in the state’s approach to minority rights. The government’s attempt to unilaterally alter Karakalpakstan’s status without meaningful consultation was not merely a political misstep but a serious breach of democratic principles and international human rights standards. By seeking to remove the “sovereign” designation from Karakalpakstan and curtailing its right to self-determination, the Uzbek government has demonstrated a disregard for the Lund Recommendations on the Effective Participation of National Minorities in Public Life, which emphasize the need for both formal and substantive inclusion of minorities in political processes.
The international response to the crisis, marred by biased media coverage and the suppression of dissenting voices, highlighted the challenges that civil society and human rights organizations face in advocating for minority rights in repressive environments. Despite the regime’s efforts to control the narrative and dismiss the protesters’ grievances, the protests themselves played a crucial role in leading to the removal of the most contentious amendments from the draft constitution. This outcome underscores the power of civil society in holding governments accountable and advocating for the protection of minority rights.
The Karakalpakstan case reinforces the argument that minority rights must be integral to the democratic framework of any state. Effective participation, as defined by the OSCE Lund Recommendations on the Effective Participation of National Minorities in Public Life, involves not only the right to vote but also the right to influence policy decisions and safeguard cultural identities. This participation must be protected through legal mechanisms such as reserved seats and veto rights, and these protections must be actively enforced to ensure they are not merely symbolic.
Looking forward, the lessons from Karakalpakstan serve as a stark reminder that democracy is a dynamic process requiring constant vigilance and reform. Governments must recognize that meaningful engagement with minority communities is essential for achieving political stability and inclusivity. International human rights treaties and conventions provide a foundation for these rights, but their effective implementation depends on both domestic commitment and international oversight.
In conclusion, the events in Karakalpakstan illustrate that the struggle for minority rights is not a peripheral issue but a central element of democratic governance. Ensuring that all citizens, regardless of their ethnic or national identity, have a voice in public affairs is crucial for building societies that are not only democratic in name but also in practice. As the international community reflects on the lessons of Karakalpakstan, it must continue to advocate for genuine participation, challenge authoritarian practices, and support efforts that uphold the rights of all minority groups.
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