Constitution
The Head of State Emomali Rahmon in that period of very difficult political crisis took high and constructive responsibility and succeeded to choose national interest over personal, local and group interests. Thanks to the wise policy of the Head of State, the people of Tajikistan as an inseparable part of the world community, respecting human freedoms and rights, striving for democratization of the society, building an independent, democratic, constitutional, secular and unitary state the new Constitution of the country (November 6, 1994)was adopted through national referendum for the first time in the new history of the Tajik statehood. The Constitution contains all achievements of humanity related to high universal values, including human and citizens’ rights and freedoms, as well as values of democratic, constitutional and secular society.
For the first time in the new history of the country the Constitution declares the possibility of development of social life through different political and social trends, ensures rights of citizens and their participation in the establishment of political parties, trade unions and other social institutions.
The Constitution of the Republic of Tajikistan strengthened the republican form of governing and determined establishment of a new presidential republic by recognizing the President of the country as a Head of State and Chairman of the Government.
The Constitution is a document that is drafted by consideration of concrete conditions of the society and cannot act beyond the existing environment. Therefore, it is a document that can be amended in order to address the reality. Otherwise, it can lose its legal and normative value.
By realization of this truth and consideration of ensuring national unity and for the sake of continuation of the Tajik state and statehood both the high leadership of the Republic of Tajikistan and the leaders of the United Tajik Opposition during long inter-Tajik peace negotiations proposed to amend the Constitution of the Republic of Tajikistan. Majlisi Oli (Parliament) adopted the Decision “On Conducting Referendum in the Republic of Tajikistan on Amendments to the Constitution of the Republic of Tajikistan” and based on it on 26 September 1999 the Referendum was conducted and series of amendments were made in the Constitution of the country.
Based on amendments to the Constitution for the first time in the political history of Tajikistan, standing bicameral professional parliament began to function, and contributed to the development of national parliamentarism and democratic way of our state governing and statehood.
Amendments in the part of the executive power were mainly aimed at issues of presidential authority, extending the President's term of office from five to seven years, granting the President with the authority to independently form and abolish ministries and state committees, the right of independent proposal of issues such as amendments to the Constitution, the right of appointment and recall of representatives of Tajikistan and etc.
An entirely new constitutional institution is the Council of Justice which submits candidatures of judges of the Military Court, as well as judges of the Court of Gorno-Badakhshan Autonomous Oblast, regional and district courts, the Court of Dushanbe city, judges of the Economic Court of Gorno-Badakhshan Autonomous Oblast, regional economic courts and the Economic court of Dushanbe city to the President of the Republic of Tajikistan for assignment and dismissal.
Subsequently, drafting and adoption of the first Constitution of the independent state of Tajikistan and its two amendments had gone through different, difficult and special phases. Amendments to the Constitution of the Republic of Tajikistan contributed to foundation of the modern political system in the country. It is worth mentioning that the political system of the Republic of Tajikistan based on the Constitution and other universal values will greatly contribute to the future development of the country.
Tajik peace experience
Achievement of national reconciliation, peace and unity is a logical continuation of the policy of the state and government of Tajikistan and continous efforts of the Head of State Emomali Rahmon in this direction. Wise governing, unique human sincerity, strong spirit of patriotism, constructive cooperation in the atmosphere of mutual understanding, coordination of useful activity of all branches of the state, nongovernmental organizations and political parties, trust of the people of the country, including different political groups to the President of Tajikistan were among the factors that contributed to implementation of constructive plans and programs. Continuous efforts of the Head of State, as well as wisdom and intelligence of our glorious people resulted in achievement of peace, and on 27 June 1997 the General Agreement on Peace and National Accord in Tajikistan was signed.
Today the experience and practice of the Tajiks in achieving peace and stability has both national and global importance, since it may be a good example of solution of internal conflicts in countries in different regions. Therefore, our experience in peace building, returning nearly one million refugees and their social rehabilitation were acknowledged by such influential international organizations as the United Nations and the Organization for Security and Cooperation in Europe as an example or model of peace building. Learning of this experience will help to prevent internal conflicts and in case of occurrence to find ways of solution.
The Tajik peace experience proved that for solution of such conflicts other factors could also positively influence the process. For example, the role of the Public Council of Tajikistan, other political and public institutions within the Council in uniting different forces of the society was significant. The positive impact of the Treaty on Public Accord, which was signed on 9 March 1996 by 30 political parties and movements, public association with direct participation of the President of the Republic of Tajikistan and the Chairman of the Majlisi Oli (Parliament) of the Republic of Tajikistan, to the success of the inter-Tajik peace negotiations was tremendous. Later the Treaty became the basis for establishment of the Public Council of Tajikistan.
The main goal of the Treaty and establishment of the Public Council was achievement of peace and national reconciliation, and fortunately, the Tajik people achieved that primary goal. Today, the Public Council of the Republic of Tajikistan is a great political force that unites political parties, non-governmental organizations, creative, professional and other public unions in the country. This is a great power for achievement of high goals, i.e. strengthening peace and unity, political, economic and social development of Tajikistan. Considering the abovementioned, the members of the Public Council of Tajikistan signed a document on indefinite extension of the Treaty on Public Accord of Tajikistan.
The solution of issues stipulated in the Treaty contributed to achievement of peace and stability in the country. Today, we are proud of the fact that peace culture of Tajiks is an example for others, which was acknowledged by the United Nations as a unique experience. It was a rare example in history when a civil war was terminated in a very short period, and two sides came to peace and united for the benefit of Motherland, safety of people, nation and national values.