In the modern world, one of the most pressing environmental issues is the melting of glaciers, which are a fundamental source of clean drinking water.
During the period of state independence, the Leader of the Nation, His Excellency Emomali Rahmon, has raised environmental protection issues more than 55 times in his annual messages. Among them, over 10 directives and goals have been specifically dedicated to the protection of water resources, with a particular focus on glaciers.
The initiative of the Republic of Tajikistan on the protection of glaciers was supported by 153 UN member states, and in December 2022, at the 77th session of the UN General Assembly, the year 2025 was declared the International Year of Glaciers’ Protection, while March 21 was designated as the International Day of Glaciers.
On January 3, 2024, the President of the Republic of Tajikistan, Emomali Rahmon, signed the Law of the Republic of Tajikistan “On the Protection of Glaciers”. This demonstrates that Tajikistan has gained significant legal, political, administrative, scientific, sectoral, and global expertise in this field.
At the same time, the regional and global environmental situation underscores the need for all countries to implement fundamental measures for the conservation and sustainable use of natural resources, particularly the protection and preservation of glaciers.
For this reason, over the past 20 years, Tajikistan has been among the leading countries globally advocating for environmental protection, with a particular emphasis on water resources and glaciers.
It should be emphasized that all the objectives of Tajikistan’s policies are aimed at ensuring global environmental sustainability and have a progressive character. All measures and initiatives launched by the Republic of Tajikistan in the field of environmental protection are designed for medium-term and long-term implementation.
The first foundation for the legal basis of glacier protection is the global-level initiatives of the Leader of the Nation. The analysis of the international initiatives of the Leader of the Nation demonstrates that such initiatives play a crucial and constructive role not only in the economic and social development of water resource utilization but also in implementing reforms in water sector legislation.
Indeed, based on the international initiatives of the President of the Republic of Tajikistan, the Leader of the Nation, Honorable Emomali Rahmon, water sector reforms, the transition to new management forms, the establishment of new institutions, and the improvement of sectoral
The second legal foundation for glacier protection is the existence of legal experience in regulating and protecting specific environmental protection objects. A review of the current legislation reveals that the legal regulation of specific environmental protection objects is ensured through separate laws and within certain legislative acts addressing their conservation and preservation.
Similarly, within the provisions of the Water Code of the Republic of Tajikistan, adopted on April 2, 2020, No. 1688, the issues of water protection (Chapter 10 – Water Protection Objects) are addressed. Furthermore, the Law of the Republic of Tajikistan “On the Protection and Use of the Plant World,” adopted on May 17, 2004, No. 31, and other legislative acts regulate certain environmental protection objects.
The third foundation for establishing legal, economic, and organizational bases for glacier protection involves defining state policy on glacier protection, principles, government competencies, powers of authorized state bodies, and other aspects of glacier conservation.
The fourth foundation is the existence of strategic planning frameworks, i.e., national programs in this field. Analysis indicates that since 2000, several strategic planning documents related to environmental issues have been adopted and implemented in the country, including four strategies, ten state programs, two concepts, four national plans, and one initial national declaration
Among these, specifically addressing the issue of glacier melting, one state program directly and two strategies indirectly have been adopted and are currently being implemented. To study, preserve, and protect glaciers in the Republic of Tajikistan, the State Program on the Study and Preservation of the Glaciers of Tajikistan for the years 2010–2030 was approved by the Government of the Republic of Tajikistan on May 3, 2010, No. 209, and is currently in effect.
Additionally, in the National Adaptation Strategy to Climate Change of the Republic of Tajikistan for the period up to 2030, which was approved by the Government of the Republic of Tajikistan on October 2, 2019, No. 482, issues related to glacier reduction, melting, and other related matters have been addressed. The Strategy of the Republic of Tajikistan in the Fields of Science, Technology, and Innovation for the period up to 2030, approved by the Government of the Republic of Tajikistan on June 30, 2021, No. 263, considers climate change, environmental protection, and ecology. This strategy includes research and monitoring of the status of Tajikistan’s glaciers, aimed at concentrating scientific and technological efforts on the country’s economic and social development.
First, this Law is considered a result and achievement of the development of national legislation. Our analysis shows that in the legislative system of other countries, especially within the CIS, such a separate law at the national level has not yet been adopted in this form. It should be noted that the Republic of Tajikistan has experience in drafting laws considering the specific features of the country’s legal policy system. In particular, under the initiatives of the President of the Republic of Tajikistan, Honorable Emomali Rahmon, the Law of the Republic of Tajikistan “On the Regulation of Traditions, Celebrations, and Ceremonies in the Republic of Tajikistan” was adopted in 2007, and the Law of the Republic of Tajikistan “On the Responsibility of Parents for the Education and Upbringing of Children” was adopted in 2011.
Indeed, these initiatives contributed to the sustainable development of the national legislative system, allowing for the drafting and adoption ofsuch special laws that regulate specific areas of public life according to the governance system of our state.
Second, the advantage of the Law of the Republic of Tajikistan “On Glacier Protection” is that the analysis of its legal norms indicates that most of the issues in this field are specifically regulated within this Law itself and are not referred to other legislative acts.
The analysis of the provisions of this Law indicates that 97% of the relations concerning glacier protection are directly regulated within the Law. Only three subordinate normative legal acts are envisaged for the implementation of this Law.
In particular, based on:
• The third paragraph of Article 7, the establishment of the Glacier Protection Fund of the Republic of Tajikistan and the determination of its usage procedure;
• The seventh paragraph of Part Two of Article 8, the maintenance of the State Register of Glaciers of the Republic of Tajikistan, the development of a system for the registration of glaciers and their water resources;
• Part Three of Article 15, the procedure for organizing the state monitoring network for glaciers, including permafrost areas, the termination of their activity, or changing their location.
It is expected that in the shortest possible time, these mentioned subordinate normative legal acts will be developed by authorized state bodies, submitted to the Government, and will significantly contribute to the effective implementation of the provisions of this Law. It should be noted that this situation indicates that a fully functional mechanism for implementing this Law exists, which testifies to the completeness of this Law. Whereas, in some other sectoral laws, problems are observed where numerous subordinate normative legal acts are required but have not yet been adopted. Considering this advantage, this Law is regarded as one of the most complete laws.
Third, the advantage of this Law is that it once again demonstrates the leading role of our country in solving these issues both at the national and international levels.
Indeed, although not much time has passed since the adoption of this Law, considering the development of social relations and the enhancement of legal drafting techniques, legislative provisions are not static but are constantly being improved. In this regard, for the further improvement of the provisions of the Law of the Republic of Tajikistan “On Glacier Protection” and the development of relations in this field, it is appropriate to propose several recommendations:
First, considering the provisions of Part 2, Article 43 of the Law of the Republic of Tajikistan “On Normative Legal Acts”, it is necessary to refine the preamble of this Law. This is because, according to the above mentioned article, the preamble is an integral part of a legislative act, reflecting the purpose of adopting the legislative act, its subject, and its main objectives.
An analysis of the preamble of this Law shows that it only defines the subject of the document, while its purpose and objectives have been omitted.
Second, the Law must incorporate provisions ensuring state support for scientific research on glaciers, glacier monitoring, the operation of the state glacier observation network, and other related activities.
Third, one of the important mechanisms for explaining, interpreting, and making the provisions of the Law of the Republic of Tajikistan “On Glacier Protection” more accessible to the public is conducting a scientific-public interpretation of it. In this regard, it is necessary to develop and publish a scientific-public interpretation of the Law with the involvement of glaciologists and legal experts.
Fourth, in general, it should be noted that addressing environmental issues requires the adoption of comprehensive planning measures. Various economic, political, legal, educational, and organizational measures must be taken to resolve environmental issues.
Indeed, for the practical implementation of goals related to improving the current situation, addressing challenges, and determining the future prospects of the environmental sector, which are reflected in legislation and strategic planning documents, specific practical steps must be taken.
In the field of direct study, conservation, and protection of glaciers, a real necessity has arisen to intensify regional cooperation in organizational, financial-investment, technological, and observational activities to mitigate the consequences of glacier loss
Sharifzoda Fazliddin Sharif
head of the department of transport
law and the law of use of natural resource,
candidate of legal sciences, associate professor
Idrisov Yahyo Ayubkhonovich
assistant of the department of transport
law and the law of use of natural resource