THE CONSTITUTION — THE CORNERSTONE OF NATIONAL STATEHOOD, STABILITY AND CONTINUITY OF THE STATE

“With the adoption of the Constitution, a new historical chapter began in the development of Tajikistan’s statehood, guiding us towards profound political and legal, economic and social, and cultural transformations, as well as construction and nation-building.”

Leader of the Nation, His Excellency Emomali Rahmon.

In view of this, it can be said that the Constitution is one of the greatest achievements of the people of Tajikistan. It is the legal foundation of the new independent Tajik state, the legal expression of the ideals of national statehood, and a safeguard of national goals and interests, historical heritage, and national culture.

Recognising this historic responsibility, on November 6, 1994, the people of the country actively participated in a nationwide referendum held in a free and open atmosphere, with an overwhelming majority (more than 87 percent) voting in favour of the Constitution. This year, Constitution Day of the Republic of Tajikistan is being celebrated on the eve of the 34th anniversary of the 16th Session of the Supreme Council, which is rightly regarded as the foundation for constitutional governance and the establishment of a democratic, law-governed and secular state in Tajikistan.

The Constitution of Tajikistan, as an expression of the people’s determination and will and a guiding light for their lives, is truly a historic and destiny-shaping document. It defines the system of state governance and guarantees the protection of human and civil rights and freedoms.

As is widely known, in 1991–1992, our country was engulfed by a constitutional crisis, which resulted in the failure to comply with the requirements of the Constitution and existing legislation and, ultimately, the paralysis of the branches of state power. This situation led to disorder and civil confrontation.

One of the most important and significant achievements of our society in the field of legislation, which was discussed at the 16th Session of the Supreme Council of the Republic of Tajikistan, was laying the groundwork for the drafting and adoption of a new Constitution of the Republic of Tajikistan. Therefore, from the very first days of the restoration of constitutional authority in the country, a Constitutional Commission was established. Its task was to study and draw upon the rich legislative experience of the modern international community and to draft a new Constitution, taking into account the specific circumstances of the country’s transitional period. In other words, this landmark document incorporated the advanced experience of the world’s developed and civilised societies.

Thirty years ago, through their own free will and by means of a nationwide referendum, the people of Tajikistan exercised, for the first time, their historic and legal opportunity to directly adopt their supreme national document. This laid a strong foundation for the democratic, law-governed and secular state of Tajikistan. The experience of constitutional adoption in countries around the world, including our own Tajikistan, clearly demonstrates that the Constitution, as a highly important political document and the supreme legal act, is inseparably linked to state independence.

Unfortunately, the declaration of independence in our country coincided with an extremely complex political period and a severe constitutional crisis.

In one of his speeches, the President of the country emphasised that only the adoption of the Constitution could have created the necessary legal conditions for safeguarding independence, leading society out of the flames of the imposed civil war, restoring the functioning of paralysed state institutions, ensuring national security and public order, facilitating the return of refugees to their homeland, and strengthening the political, legal, social, economic and cultural foundations of the state.

The Constitution of Tajikistan has also been described as “the product of national thought and the fundamental values of the people of the country.” It was further emphasised that “this historic document was adopted precisely through the national consciousness and identity, tolerance, political courage and resilience of a people with a high level of legal awareness, and contributed to strengthening the foundations of an independent state.”

In those extremely difficult and sensitive circumstances, President Emomali Rahmon described the drafting of the Constitution of independent Tajikistan at a high political and legal level, together with its approval by the people, as a “great national achievement.” He also expressed his gratitude to the people of Tajikistan and all members of the working group responsible for drafting the Constitution, who made their contribution despite the challenging political situation of that time.

It can be confidently stated that, following the adoption of the Constitution, the Government of the country organised its activities in accordance with its provisions and consistently pursued constructive initiatives aimed at promoting progress and development in the political, economic, social and cultural life of society, as well as ensuring human rights and freedoms.

Today, looking back at the relatively short history of our modern statehood, we can emphasise the important role of the Constitution, first and foremost, in establishing the legal framework for the formation of a new system of supreme state authorities and laying the foundations of the independent state of Tajikistan.

Thus, as the supreme political and legal document, the Constitution established the foundation for the exercise of power by the people and the participation of every citizen in public and state governance. It guarantees equality before the law, the separation of powers, political and ideological pluralism, a multi-party system, and freedom of entrepreneurial activity in the country.

Only by following this path can we broaden legal awareness and strengthen the legal culture of different segments of society, particularly the younger generation, deepen their understanding and knowledge of the law, and enhance their sense of responsibility for the development and prosperity of our beloved Motherland — Tajikistan.

The celebration of the 32nd anniversary of the adoption of the first Constitution of independent Tajikistan, which is regarded as the cornerstone and a symbol of the prosperity of the state of Tajikistan and the national statehood of the Tajik people, is truly a historic and destiny-shaping occasion for every citizen of our beloved country.