Dr. Muxtor NAZIROV & Komron ISROILOV
In today’s 21st century, along with the development of information technology, the system of governance and legal conditions of the world are also developing.
As an effect of globalization, young people who are growing up in every corner of the globe, are gaining knowledge, experience and communicating together without any barriers with their peers in another world. Undoubtedly, globalization is rapidly gaining ground in every field.
These organizations operate as international non-governmental actors in world politics. The United Nations and the United Nations Human Rights Council and its specialized departments, agencies, and consulates play a key role in the protection of human rights in various fields of international law.
In addition, there are more than 30 international organizations in the field of international law enforcement. For the first time in the history of humans, “the Universal Declaration of Human Rights” which contains basic civil, political, economic, social, and cultural rights that should be enjoyed by all people in the world was adopted at the General Assembly of the United Nations in Paris on December 10, 1948.
The Universal Declaration of Human Rights consists of a total of 30 articles, each of which defines specific human rights and freedoms.
For example, Article 1 of the Declaration describes human freedom as follows: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”
The United Nations has since adopted many legally binding international human rights treaties and agreements, including the Convention on the Rights of the Child.
These treaties are used as a framework for discussing and applying human rights. The principles and rights they outline become legal obligations on the States that choose to be bound by them.
The framework also establishes legal and other mechanisms to hold governments accountable in the event they violate human rights.
The instruments of the international human rights framework are the Universal Declaration of Human Rights and the nine core human rights treaties:
- The International Covenant on Civil and Political Rights;
- The International Covenant on Economic, Social, and Cultural Rights;
- The Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment;
- The Convention on the Rights of the Child;
- The International Convention on the Elimination of All Forms of Racial Discrimination;
- The Convention on the Elimination of All Forms of Discrimination against Women;
- The Convention on the Rights of Persons with Disabilities;
- The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
- The International Convention for the Protection of All Persons from Enforced Disappearance.
Every country in the world has ratified at least one of these, and many have ratified most of them. These treaties are important tools for holding governments accountable for the respect for, protection of, and realization of the rights of individuals in their country. After becoming a member of an international treaty, each state party assumes a number of obligations and responsibilities.
Member States will be required to create local capacity in accordance with international human rights standards and the provisions of treaty clauses in their countries, and to take immediate action in the event of violations. Otherwise, these states could be tried and prosecuted at the international level.
In all countries, youth is one of the key resources needed for development goals and the main drivers of social change and economic and technological progress.
Today, a number of measures are being taken in countries around the world to develop the potential and abilities of the younger generation, to provide for their material and spiritual needs.
At the 72nd session of the UN General Assembly, the idea of adopting the Convention on the Rights of the Youth by President Mirziyoyev was recognized by the international community.
The main difference between this convention and the international normative documents on children, the elderly, the disabled, and women is that there is no binding international document that has not been adopted on youth, which is still the fastest growing demographic segment of the population.
According to UN statistics, the fact that about 2 billion people in the developing world are young people and this information shows how urgent the issue is.
Uzbekistan’s initiative to adopt this convention is very important, and there are several reasons for this. First of all, to ensure the freedom of thought, dignity, and equal rights of all young people with their peers around the world.
Secondly, it is important for the international community to prevent young people from falling victim to various ideological threats and malicious actions, to understand that they are a key force in the country’s future, and to create a wide range of opportunities.
The proposal of the head of our state to adopt this legal document at the international level testifies to the role of youth in our country, their participation in all spheres, and their crucial role in the future of the country.
It should be noted that more than 60% of the population of Uzbekistan is young. In order to create opportunities for young people, to form them as full-fledged professionals, and to increase their role in public administration on September 14, 2016 “The Law on State Youth Policy” was adopted.
In recent years, our country has undergone a number of reforms in this area. Including:
- The Commission on Youth Affairs was established in the Legislative Chamber of the Oliy Majlis;
- The Youth Parliament was established under the Senate of the Oliy Majlis and included 100 young people with potential, success in their field, and leadership skills;
- 2021 has been declared the Year of Youth Support and Health;
- The Agency for Youth Affairs was established to develop and implement a unified state policy, strategic directions, and programs in the field and areas related to youth;
- The position of “Youth Representative” has been introduced for local governors of regions, cities, and districts, who deal with specific youth issues.
A special working group was set up by the National Center for Human Rights to draft the Convention on “the Rights of the Youth”.
The group included representatives of a number of government agencies, non-governmental and non-profit organizations, various youth organizations, and civil society organizations, and gathered suggestions from the general public to develop the convention.
One of the main problems in developing this convention is who exactly forms the youth group. Because different countries have different age limits. According to statistics, the UN recognizes people between the ages of 15 and 24 as a category of youth.
Also, in EU countries, members of the population between the ages of 16 and 30 (sometimes under 35) are considered young. In most CIS countries, including the Republic of Uzbekistan, the population between the ages of 14 and 30 is young.
Therefore, according to a comprehensive analysis, the draft convention includes the population aged 18 to 30 years. There is also a need for this convention to systematize the rights and freedoms of the world’s youth and to express these rights as a whole.
It is necessary to involve about 2 billion young people in the process of developing the Convention, to increase their activity at the national, regional, and international levels, and to increase the responsibility of states in the field of youth policy.
With the initiative of the President of the Republic of Uzbekistan at the UN General Assembly, on August 12-13, 2020, the Samarkand International Forum “Youth 2020: Global Solidarity, Sustainable Development and Human Rights” was held under the auspices of the UN.
The draft UN Convention on the Rights of the Youth was widely discussed by foreign and local experts. The development of this convention is based on a number of international regulations and 3 main sources.
- The first source is youth laws in more than 50 countries;
- The second source is more than 20 normative and legal acts on youth issues adopted in different regions;
- The third source is international documents of a universal nature.
More than 30 normative and legal acts of the United Nations and its various structures – UNESCO, UNICEF, the International Labor Organization, the World Health Organization, and the Inter-Parliamentary Union were studied.
The first draft of the Convention on the Rights of the Youth consists of an introduction and Article 26, which contains the rights of young people, the obligations, and the principles of States. The purpose of this Convention is set out in Article 1:
“The purpose of this Convention is to strengthen efforts at the global, regional and national levels to meet the needs of young people, to strengthen their capacity and to meet their rights, freedoms and best interests in all their diversity around the world.”
The Convention not only guarantees all the rights and freedoms of young people but also sets out a number of tasks and responsibilities in the field of youth issues for the States Parties to this document.
In particular, Article 2 of the draft Convention stipulates that States shall, within the jurisdiction of their respective jurisdictions, deprive young persons of all the rights provided for in this Convention on the basis of race, color, sex, language, political or other belief, national, ethnic or social origin, undertakes to ensure that they have no discrimination on the basis of their origin, property status, parents or legal guardians, regardless of age, health or other circumstances.
In addition, States Parties should prohibit discrimination against young people, ensure equality between men and women, promote gender equality, improve the lives of girls, enact laws that ensure their rights and opportunities, and promote the social formation of young people, assuming various responsibilities, such as the implementation of youth policy, which provides favorable conditions for the development of intellectual, creative and other areas.
The draft convention sets out a number of tasks for States Parties to discriminate against young people and cause discrimination between them:
- poverty reduction;
- creating conditions for youth education;
- Comprehensive support for young people entering into marriage at the age of marriage on the basis of free and full consent;
- to take care of and treat young people in an equitable manner, ensuring their equality;
- to ensure and protect the privacy and privacy of every young person and the privacy of correspondence.
Article 14 of the Convention stipulates that each State Party shall establish international cooperation and interstate relations among young people in order to encourage the support of national efforts and to promote international cooperation in the field of youth rights. participation in programs, mutual information, exchange of experience, and assistance to young people in scientific and technical issues.
The last articles of the draft convention deal with the adoption of the convention, the process of editing, the entry into force of this document, the competent authorities and their functions, and a number of regulations on international instruments.
In conclusion, the Convention recognizes the growing social, economic, cultural, and political importance of young people living in all regions of the world and constituting a significant part of the population, as well as all social inequalities in today’s societies, protection from harmful factors and threats, accurate assessment of the abilities and potential of the younger generation, a number of international standards that serve to create the necessary conditions for their prospects.
Adoption of this convention will have a number of important consequences for young people around the world. First of all, every boy and girl living in today’s era of globalization is guaranteed the same personal rights and freedoms as their peers living in countries around the world.
Secondly, the living standards of young people living in difficult conditions, oppressed by various evils in society, abused as a result of social inequality, and in need of special support and attention will be improved at the international level and equal opportunities will be created for them.
Thirdly, it not only ensures the integration of the world’s youth but also establishes contacts such as scientific and technical knowledge, experience, information exchange, as well as cooperation, and friendship on the basis of various programs at the international level.
*The writers are affiliated with the International Islamic Academy of Uzbekistan
**The Diplomatic Insight does not take any position on issues. The views represented herein are those of the author(s) and do not necessarily reflect the views of Diplomatic Insight and its staff.