“The Constitution is the passport of every independent people and the maturation certificate of a free and independent state; at the same time, it is a document that regulates and defines the system of statehood and, most importantly, the guarantees of the rights and freedoms of man and citizen.”

Emomali Rahmon

The adoption of the Constitution of the Republic of Tajikistan, which plays a crucial role in the construction and development of the new Tajik state, is one of the greatest achievements of the period of independence.

On November 6, 1994, the Constitution of the Republic of Tajikistan was adopted by a national referendum. In honor of this event, a public holiday was established in the country – the Constitution Day of the Republic of Tajikistan, which was officially included in the list of state holidays in Tajikistan in 1998. For us, the citizens of the republic, 6 November is a holiday non-working day.

The glorious people of Tajikistan annually, with a high sense of patriotism and pride in their independent Motherland, celebrate this historical date, that is, on November 6, because thanks to the implementation of the norms of this fateful document, our society has overcome a very difficult historical period, has gradually achieved unprecedented achievements in all areas, and today is moving with steady steps forward to an even brighter and more comfortable tomorrow.

The past years have proved that the path chosen by the civilizing Tajik people to create a democratic, legal, secular and social state, which is enshrined in the Constitution of an independent Tajik state, is the only correct one, embodying national interests, a catalyst for the planned development of the state, which ensures a stable life of society.

It is gratifying to note that this year the celebration of the 28th anniversary of the adoption of the Constitution of the Republic of Tajikistan coincided with important political events in the country – the election and inauguration of the President of the Republic of Tajikistan.

Exactly 28 years ago, on November 6, 1994, the glorious people of Tajikistan expressed their desire to adopt a national law that defined the Republic of Tajikistan as a sovereign, democratic, legal, secular and unitary state, laying the foundations for the existence of society, and elected the President of the Republic of Tajikistan, respected Emomali Rahmon as a guarantor Constitutional laws, rights and freedoms of man and citizen.

Today, the Constitution of the Republic of Tajikistan is one of the five best constitutions in the world, its 10 chapters and 100 articles reflect all aspects of respect for the rights and freedoms of man and citizen and provide a legal framework.

The adoption of this important document was a fateful event in the history of the statehood of the new Tajikistan, since this sacred document officially consolidated the independence of the Tajik state and determined the political and legal basis and directions for further development in accordance with modern standards.

In one of his congratulatory speeches on the occasion of the Constitution Day of the Republic of Tajikistan, the Head of State, his Excellency Emomali Rahmon noted: “The Constitution is the passport of every independent people and the certificate of maturity of a free and independent state; at the same time, it is a document that regulates and defines the system of statehood and, most importantly, the guarantees of the rights and freedoms of man and citizen.

Independence and the Constitution, being in fact inseparable concepts, mutually complement each other, since a sovereign state cannot exist without a Constitution and, in turn, the Constitution, which legitimizes the independence of the state as a supreme document or basic law, reflects and defines the most important directions political, legal, socio-economic and cultural activities of society”.

We remember the conditions under which the Tajik people adopted their fundamental law – the Constitution of the Republic of Tajikistan. An important historical event after the collapse of the Soviet Union and the independence of the Republic of Tajikistan was the historic 16th session of the Supreme Council of Tajikistan, which took place in November 1992 in the city of Khujand. At this fateful Session, a legitimate Government was formed under the leadership of the Chairman of the Supreme Council Emomali Rahmon, the foundation of peace and unity of the nation was laid, the first steps were taken in creating the structure of a new state.

It should be noted that the process of developing the draft Constitution was not easy, because at that time the influence of the ideology of the Soviet period was still strong, and the awareness of the new values ​​of society, including political and ideological pluralism, multi-party system, various forms of ownership, a market economy, and the like proceeded painfully and slowly.

In order to approve these norms at the constitutional level, extensive discussions took place, but in the end, after studying all the positive and negative aspects for the further development of the state and protecting the interests of society, the desired results were achieved.

In particular, the subject of heated disputes and discussions was the question of the choice of the form of government, that is, the definition in the Constitution of the presidential or parliamentary form of government of the republic.

Supporters of both forms of government put forward various evidence and judgments in favor of their point of view and position.

The government of the republic without any doubt declared its adherence to the form of presidential administration.

Fortunately, the people of Tajikistan also supported this form of government, and later life proved the correctness of the step taken.

The working group began work at the beginning of November 1993 and, using rich world experience, prepared a draft Constitution, which was discussed several times and, subject to changes, submitted for nationwide discussion.

In 1994, the Head of State, Chairman of the Supreme Council, his Excellency Emomali Rahmon, in his report on the constitutional reform in the Republic of Tajikistan, the procedure for adopting and enacting the Constitution of the Republic of Tajikistan noted: “For more than two months, the project was discussed by the people of the country and our compatriots living behind outside the republic, the Supreme Council received more than 8.5 thousand proposals. It should be noted that all proposals were directly related to the project. This suggests that our people are sympathetic to their future, to the strengthening of statehood. After all, Tajikistan throughout its history for the first time can have a people’s Constitution.

This draft Constitution is popular because it was discussed and supplemented by our compatriots not only in Tajikistan, but also abroad. Therefore, its creator is the people themselves. The national character of the project is also manifested in the equality of all residents of the republic, regardless of nationality, gender, skin color and other social characteristics.

The draft Constitution provided for the development of public life on the basis of various political movements, created the conditions for the construction of a state that would serve all the people. Therefore, each person in the society can actively participate in the government of the state. The project received a worthy assessment from experts from the developed countries of the world, including the USA, England, Russia and a number of other countries. Experts from the UN, OSCE and other international organizations, highly appreciating the project, made their proposals.”

Today we are grateful to fate that we are celebrating the 28th anniversary of the adoption of the highest and most important legal act of the country – the Constitution of the Republic of Tajikistan in an atmosphere of peace and unity, stability and creation.

Indeed, a peaceful and stable life, the procedure for implementing the constitutional development of society over the course of 28 years after the adoption of the Constitution once again witnessed the fulfillment of the dreams and aspirations of the proud and civilized Tajik people.

In this sense, the Constitution legitimized and streamlined the path taken by the Tajik nation-state and established a completely new concept, ideas and values.

Thanks to the State Independence, the Constitution of the Republic of Tajikistan and subsequent constitutional reforms, colossal changes are currently taking place in our country, such as the construction of bridges and highways, hydroelectric power stations, tunnels, scientific and cultural centers, health and medical institutions.

For the first time in the history of Tajik statehood, Article 6 of the Constitution proclaimed that the people are the bearer of sovereignty and the only source of state power, which they exercise directly or through their representatives. The highest direct expressions of the power of the people are the referendum and elections. Thus, the Constitution of Tajikistan in the full sense of the word determines the fate of the state.

The Constitution, adopted 28 years ago by the people of Tajikistan for themselves and future generations as a national passport, is undoubtedly the greatest event in the history of Tajikistan.

The philosophical essence of the Constitution is inspired by the ideas of justice, freedom and independence, equality of all people and public administration of people.

The 28 years of the adoption of this great law once again proves that the greatness of our Constitution, first of all, testifies to the highest value of a person, his rights and freedoms. Because every line, every article clearly captures the Man, his rights, freedoms and interests of life. That is, the link between the main pillars of the rule of law and the Constitution is a person.

All these directives on the eve of the 28th anniversary of the adoption of the Constitution of the country, which play an obvious and valuable role in cultivating national self-consciousness, patriotic pride, express the devotion and love of the people for their beloved Motherland, national aspirations, support for the policy of the President, urge us to comply with the laws of the country.

I congratulate everyone on the Constitution Day and wish happiness, peace and prosperity, and even greater achievements to our paradise-like Tajikistan.     

Mirzozoda Farkhunda,Candidate of legal sciences