The Constitution – The Passport of the Nation
The Constitution Day of the Republic of Tajikistan is one of the country’s main national holidays and is celebrated annually on November 6.
The word “constitution” originates from the Latin term constitutio — meaning establishment, structure, or foundation — and refers to the primary legal source possessing supreme legal authority.
Looking back in history, Tajikistan adopted four constitutions before gaining independence in 1991 — in the years 1929, 1931, 1937, and 1978.
An analysis of the evolution of Tajikistan’s legislative system and the constitutional reforms of the late 20th century shows that the work on a new draft Constitution began in the early 1990s. However, the formation of the central idea and its practical realization were achieved thanks to the initiatives and concrete measures undertaken by His Excellency Emomali Rahmon in the field of constitutional reform.
The adoption of the “Declaration on the State Independence of the Republic of Tajikistan,” the Resolution of the Supreme Council of the Republic of Tajikistan “On the Proclamation of State Independence of the Republic of Tajikistan,” and the Resolution “On Amendments and Additions to the Declaration of Independence” in 1990–1991 were key factors that accelerated the process of drafting the Basic Law.
A genuine and purposeful effort to develop the draft Constitution began after the 16th Session of the Supreme Council of the Republic of Tajikistan, which established the constitutional order and created new organs of state power. Later, the 17th Session of the Supreme Council, by amending the Resolution of August 23, 1990, “On the Establishment of the Commission for the Preparation of the Constitution of the Republic of Tajikistan,” approved a new composition of the Constitutional Commission under the leadership of the Chairman of the Supreme Council, Emomali Rahmon.
During that session, distinguished Emomali Rahmon emphasized the political and legal significance of this crucial task, stating:
“The main objective is to elevate our legislative system to the legal and moral standards of international law. To this end, we decided to submit our existing legal framework for international expertise and to seek the consultative support of relevant international institutions during the consideration of the Basic Law.”
Thus, the Head of State laid the foundation for harmonizing Tajikistan’s legal system with international standards, which became a key factor in strengthening the country’s global recognition.
Under the instruction of the Head of State, the working group of the Supreme Council prepared two drafts of the Constitution — one with a presidential form of government and the other with a parliamentary form — which were submitted for public discussion. The presence of two drafts reflected the diversity of views within society regarding the future system of governance. After in-depth analysis of the political situation, the commission concluded that the presidential system was the most suitable for Tajikistan.
On November 6, 1994, the first nationwide referendum in the history of Tajikistan was held to adopt the Constitution. More than 87 percent of citizens supported the draft, thereby determining the future course of the nation.
On the same day, distinguished Emomali Rahmon was elected President of the Republic of Tajikistan, symbolizing the people’s full support for his policies and constitutional reforms.
The provisions of the Constitution of the Republic of Tajikistan conform to international standards and are based on the principles of the Universal Declaration of Human Rights. The document received high praise from leading international experts and organizations, as well as from specialists in Russia, the United States, and European countries. It has been recognized as one of the five best constitutions among the member states of the Organization for Security and Co-operation in Europe (OSCE).
The Constitution established the necessary legal conditions for strengthening state independence, safeguarding sovereignty, and preserving the young Tajik statehood from disintegration. It became the foundation of national unity and sustainable development.
As the Basic Law, the Constitution enshrines the foundations of statehood, territorial integrity, national interests, human and civil rights and freedoms, the directions of domestic and foreign policy, and the socio-economic basis of society. It upholds the principle of equality for all citizens regardless of nationality, language, religion, or beliefs.
The Constitution has strengthened the independence of Tajikistan, established its political and legal foundations, and aligned the development of society with modern international norms.
The Constitution of the Republic of Tajikistan consists of a preamble, 10 chapters, 100 articles, and transitional provisions. It has been amended three times — on September 26, 1999; June 22, 2003; and May 22, 2016 — through nationwide referenda.
The Preamble expresses the spirit and core idea of the Constitution. In it, the people of Tajikistan proclaim:
“We, the people of Tajikistan, being an inseparable part of the world community, realizing our responsibility before past, present, and future generations, recognizing the sovereignty and development of our state, considering freedom and human rights as sacred, affirming equality and friendship among all peoples and nationalities, adopt and proclaim this Constitution!”
The preamble serves as a symbol of unity, independence, and national values, and establishes the moral and political foundation for all constitutional provisions.
The first chapter defines the legal and political foundations of the state and emphasizes its democratic, legal, and national values.
According to Article 1, the Republic of Tajikistan is proclaimed a sovereign, democratic, legal, secular, and unitary state. This means that power belongs to the people, laws are based on the principles of justice and legality, religion is separated from the state, and the entire territory of the country is under a single sovereignty.
The Constitution guarantees the inalienable human rights to life, honor, dignity, labor, education, rest, and participation in political and social life. Restrictions on rights are permitted only to protect the rights of others, public order, state security, and the constitutional system.
Every citizen has the right to property, housing, education, healthcare, and culture. The state provides care for families, children, persons with disabilities, and the elderly. Citizens are guaranteed freedom of speech, association, and participation in elections and referenda.
The Constitution is rightly called the charter of the nation’s destiny, and every citizen is obliged to respect and abide by its provisions, honor the rights and dignity of others. Only by adhering to these principles can we achieve our ultimate goal — the creation of a prosperous, just, and advanced state.
Happy Constitution Day of the Republic of Tajikistan!
