The Constitutional Law of the Republic of Tajikistan “On the Founder of Peace and National Unity – Leader of the Nation” (dated November 14, 2016, No. 1356) is a significant legal document that defines the political and legal status of the Founder of Peace and National Unity – Leader of the Nation, His Excellency Emomali Rahmon. It officially recognizes his unparalleled contributions to the establishment of an independent state, the restoration of peace and national unity, the strengthening of state sovereignty, and the economic and cultural development of Tajikistan. This law was adopted in the historical context of post-independence, marked by the civil war (1992–1997) and political and economic challenges, emphasizing the role of His Excellency Emomali Rahmon as the architect of modern statehood and the guarantor of national stability. This document is not only a legal act but also a symbol of the deep respect of the Tajik people for the contributions of His Excellency Emomali Rahmon, who, during the severe crisis of the civil war, managed to save the nation from disintegration and transform Tajikistan into a respected state on the global stage. The law strengthens the ideological foundations of modern Tajik statehood and contributes to the formation of a national political culture. It also reflects the commitment of the state and society to the values of peace, unity, and progress, which His Excellency Emomali Rahmon has consistently reinforced throughout his leadership.
The law not only establishes the legal status of the Leader of the Nation but also promotes national unity, political stability, and the sustainable development of Tajikistan. It is a unique example of national legislation that recognizes the contributions of a historical figure while providing a legal framework for the continuation of state policy. This article is structured in four parts, with the first part dedicated to an introduction and historical context, discussing the necessity and significance of the law in the historical context of Tajikistan.
Tajikistan gained independence in 1991 following the collapse of the Soviet Union, but this period was fraught with significant political, economic, and social challenges. The civil war of 1992–1997 is considered one of the darkest chapters in the country’s modern history, characterized by brutal violence, national division, and economic devastation. According to estimates, over 150,000 people were killed as a result of the conflict, more than one million became refugees or displaced, and the country’s economy was nearly paralyzed. The nation’s infrastructure, including roads, factories, and schools, was severely damaged, and the population lived in conditions of poverty and fear.
Internal divisions, including opposition between political and regional groups, escalated into armed conflict, threatening the unity of the nation. The root causes of the conflict lay in a combination of factors, such as political instability following the Soviet Union’s collapse, social inequality, and regional rivalries. Different regions of the country, such as Kulob, Qarotegin, and Hisor, fell under the control of armed groups, and Dushanbe, the capital, became a constant battleground.
In such tragic circumstances, His Excellency Emomali Rahmon was elected Head of State at the 16th Session of the Supreme Council of the Republic of Tajikistan in 1992. With a deep sense of historical responsibility and unwavering loyalty to the people, he embarked on the path of peace. The political situation at the time was extremely complex: the state virtually lacked a robust governance structure, and distrust in the future among the population and authorities had reached its peak. However, with political wisdom and unparalleled courage, the Leader of the Nation took the first steps toward restoring peace.
His Excellency Emomali Rahmon’s peacebuilding efforts began from the earliest days of his leadership with unprecedented visits to conflict zones. Between 1992 and 1993, when Tajikistan was engulfed in violence, he risked his life by traveling to various regions of the country, including Kulob, Qarotegin, Hisor, and areas around Dushanbe, to meet with ordinary people, local leaders, and even representatives of opposition groups. These visits took place in conditions where security was not guaranteed, and the risk of attacks or incidents was ever-present.
One of his notable visits was to the Fayzobod district in 1993, which was then under the control of armed groups. During this meeting, the Leader of the Nation engaged directly with the local population, calling for peace, mutual forgiveness, and efforts toward unity. These interactions helped reduce tensions and instilled hope among the people that peace was achievable. In his meetings, he spoke in simple and sincere language about his vision for a prosperous and peaceful Tajikistan, fostering a sense of closeness between the leader and the people.
The peace-oriented messages of His Excellency Emomali Rahmon during the early years of the civil war played a crucial role in reducing tensions and restoring trust in society. In his speeches, he repeatedly emphasized that Tajikistan is the common home of all Tajiks and that peace is only possible through mutual forgiveness and unity. These messages were directed not only at the general public but also at opposition groups, laying the groundwork for peace dialogue.
The General Agreement on the Establishment of Peace and National Accord, signed on June 27, 1997, was one of the major achievements of His Excellency Emomali Rahmon. This agreement ended the internal conflict and provided a foundation for political stability. Recognized globally as the “Tajik model of peace,” it is used in the training programs of the United Nations. The agreement not only restored peace but also became the basis for the foreign policy of “open doors,” transforming Tajikistan into an active member of international organizations.
His Excellency Emomali Rahmon also played a significant role in the revival of Tajik culture, language, and national history. Through his initiatives, national traditions were promoted, cultural values were strengthened, and modern Tajik art and literature flourished. These efforts boosted national pride and positioned Tajikistan as an heir to an ancient civilization on the global stage.
The law was adopted in the historical context of post-independence, officially recognizing the contributions of His Excellency Emomali Rahmon to the restoration of peace, national unity, and state development. This document not only solidifies the status of the Leader of the Nation but also serves as a symbol of national unity and the continuation of a policy of state stability. It also contributes to the strengthening of national ideology, presenting Emomali Rahmon as a central figure in modern Tajik statehood. This approach helps prevent potential conflicts and fosters societal trust in the political system.
Since 1992, as Head of State, His Excellency Emomali Rahmon has made invaluable contributions to the establishment of Tajikistan’s independent statehood. Elected at the 16th Session of the Supreme Council of the Republic of Tajikistan (1992), he played a key role in restoring the constitutional order, achieving peace, and fostering national unity. In 1994, under the Constitution, he was elected the first President of the Republic of Tajikistan through a nationwide vote, making significant contributions to building a sovereign, democratic, law-based, secular, and social state.
The law officially recognizes these contributions, defining his status as a symbol of the resilience of Tajikistan’s independent statehood and a guarantor of the sustainable development of society. It also reflects the complete trust of the Tajik people in the wise leadership of the Leader of the Nation, who is revered as the father of the nation and the founder of modern statehood.
The Constitutional Law of the Republic of Tajikistan “On the Founder of Peace and National Unity – Leader of the Nation” (dated November 14, 2016, No. 1356) is a crucial legal document that defines the political and legal status of His Excellency Emomali Rahmon as the Founder of Peace and National Unity – Leader of the Nation. It officially acknowledges his unparalleled contributions to the establishment of an independent state, the restoration of peace and national unity, the strengthening of state sovereignty, and the economic and cultural development of Tajikistan. Comprising 19 articles, the law outlines the concept, legal status, powers, privileges, and guarantees of the Leader of the Nation. In this section of the article, the content and structure of the law are analyzed in detail, with key articles explained.
The law is not only a formal legal document but also a symbol of the nation’s respect for the contributions of His Excellency Emomali Rahmon, who, during the crisis of the civil war (1992–1997), saved the nation from disintegration and transformed Tajikistan into a respected state on the global stage. The law’s structure is logically designed, with each article serving specific legal and political objectives, collectively contributing to the strengthening of national unity, political stability, and state development.
The law consists of 19 articles, divided into several key sections: defining the concept and status of the Leader of the Nation, his powers, social and economic guarantees, lifelong security and privileges, and the establishment of institutions and awards named after the Leader of the Nation. According to Article 2, His Excellency Emomali Rahmon is recognized as an outstanding historical figure, with his unique contributions to the establishment of an independent state, the restoration of the constitutional order, the salvation of the nation from disintegration, and the prevention of the state’s collapse specifically highlighted. This article presents him as a symbol of the resilience of Tajikistan’s independent statehood and a guarantor of the sustainable development of society.
The law also outlines the duties of the Leader of the Nation in strengthening peace, national unity, and state development, establishing his lifelong powers to address critical political and economic issues. Additionally, it provides social, economic, and security guarantees for the Leader of the Nation and his family, and establishes institutions and awards named after him to honor his contributions.
Article 1 defines the subject of the law, focusing on establishing the political and legal status of the Founder of Peace and National Unity – Leader of the Nation, as well as his social and economic privileges and guarantees during and after his presidential tenure. This article forms the legal foundation of the document, outlining its objectives, which include strengthening the foundations of the constitutional order, state sovereignty, territorial integrity, and ensuring Tajikistan’s sustainable development. It demonstrates that the law is not only aimed at defining the status of the Leader of the Nation but also at reinforcing the country’s political system and safeguarding the national values of Tajik statehood. This article serves as the legal basis for subsequent articles that detail the powers, privileges, and guarantees of the Leader of the Nation.
Article 2 recognizes His Excellency Emomali Rahmon as the Founder of Peace and National Unity – Leader of the Nation, emphasizing his unique contributions to Tajikistan’s modern history. It presents him as an outstanding historical figure, highlighting his role in establishing an independent state, restoring the constitutional order, achieving peace and national unity, and promoting the political, economic, and cultural development of the country. Paragraph 4 of this article is one of the law’s most significant provisions, as it removes the restriction on serving more than two consecutive presidential terms for the Leader of the Nation. This provision allows His Excellency Emomali Rahmon to participate in elections without constitutional limitations, which, from a political perspective, is crucial for maintaining the continuity of state policy and political stability.
Article 3 defines the lifelong powers of the Leader of the Nation, ensuring his role in addressing critical state issues. Specifically, this article grants him the right to: address the people of Tajikistan, state authorities, and officials on matters related to state structure, national security, and domestic and foreign policy, with his recommendations being mandatory for state authorities; participate and speak at joint sessions of the National Assembly and the House of Representatives of the Supreme Assembly of the Republic of Tajikistan, government meetings, and the Security Council; and contribute to resolving political, economic, and social crises.
These powers ensure that His Excellency Emomali Rahmon remains a key factor in the stability and sustainable development of Tajikistan, guaranteeing his effective role in decision-making even after the end of his presidential tenure.
Article 4 provides for the establishment of the Order and State Award named after “Leader of the Nation – Emomali Rahmon,” aimed at honoring his dedicated service to the Motherland. The Order “Leader of the Nation – Emomali Rahmon” is awarded for outstanding contributions to state and public activities, while the state award named after him is given for significant contributions to the development of democracy, the strengthening of peace and societal stability, and friendship among peoples. These provisions symbolize the nation’s respect for the Leader and contribute to the strengthening of the national political culture. They also serve to honor individuals who have contributed to Tajikistan’s progress, promoting the values of peace and unity.
Article 5 guarantees the inviolability of the Leader of the Nation and his family, exempting them from legal liability for actions taken during the performance of state duties. This article also prohibits the arrest, detention, search, or forced summoning of the Leader of the Nation. Inviolability extends to his property, residence, transport, communication means, and documents. These provisions serve as a security guarantee for the Leader of the Nation and his family, which is particularly significant in complex political conditions. They demonstrate that the state values the contributions of the Leader of the Nation and ensures his security at the highest level.
Articles 6 to 15 detail the social, economic, and security guarantees for the Leader of the Nation. These include:
– Article 6: Provision of an office and a special Secretariat to support the Leader of the Nation’s activities after the end of his presidential tenure.
– Article 7: The right to free use of government communication means within Tajikistan.
– Article 8: Ensuring the security of the Leader of the Nation and his family under state protection.
– Article 9: Provision of a residence and a state dacha.
– Article 15: A monthly pension equivalent to 80% of the salary of the incumbent President.
These guarantees reflect the state’s respect for the Leader of the Nation’s contributions and ensure his social and economic security and that of his family.
Article 13 provides for the establishment of a museum, library, and archive of the Leader of the Nation, recognizing them as national treasures and state property. Additionally, statues of the Leader of the Nation will be erected in the capital and his birthplace after his passing. These provisions aim to preserve the historical legacy of His Excellency Emomali Rahmon, allowing future generations to learn about his contributions.
The law has an ideological character, contributing to the formation of the image of His Excellency Emomali Rahmon as a central figure in modern Tajik statehood. The establishment of institutions and awards named after him, as well as the provision of lifelong powers, reflects the deep respect of the people for his contributions. This approach helps strengthen the national political culture and promotes the values of peace, unity, and progress.
The Constitutional Law of the Republic of Tajikistan “On the Founder of Peace and National Unity – Leader of the Nation” (dated November 14, 2016, No. 1356) is not only a legal document but also a symbol of the nation’s respect for the unparalleled contributions of His Excellency Emomali Rahmon to the establishment of an independent state, the restoration of peace and national unity, the strengthening of state sovereignty, and the economic and cultural development of Tajikistan. Adopted in the historical context of post-independence, marked by the civil war (1992–1997) and political and economic challenges, the law underscores the role of the Leader of the Nation as a guarantor of stability and progress. In this section of the article, the political and social significance of the law is analyzed in detail, examining its impact on the political structure, society, and state development.
The law not only solidifies the status of His Excellency Emomali Rahmon as the Leader of the Nation but also provides a legal mechanism to ensure the continuity of state policy, political stability, and national unity. It contributes to the formation of a national political culture, promoting the values of peace, unity, and progress in society. The political significance of the law lies in strengthening the statehood system, while its social significance is evident in increasing public trust in the state and its leadership.
The law holds immense political significance in the historical context of Tajikistan. Following the civil war of 1992–1997, which caused economic devastation, loss of life, and societal division, His Excellency Emomali Rahmon, through his wise leadership, managed to restore peace and initiate the process of state-building. The General Agreement on the Establishment of Peace and National Accord (June 27, 1997) was one of his major achievements, ending the internal conflict and laying the foundation for political stability. The law officially recognizes the Leader of the Nation’s unparalleled contributions to saving the nation from the civil war, strengthening sovereignty, and promoting economic and cultural development, while establishing a legal mechanism to ensure political stability in the future.
One of the law’s key features is the removal of the two-term presidential limit (Article 2, Paragraph 4). This provision allows His Excellency Emomali Rahmon to participate in elections without constitutional restrictions, which, from a political perspective, is essential for maintaining the continuity of state policy and Tajikistan’s sustainable progress. This decision was made in the historical context of post-civil war recovery, where political stability was a primary state objective.
Article 3 defines the lifelong powers of the Leader of the Nation, granting him an active role in decision-making on critical state issues, including national security, domestic, and foreign policy. These powers ensure that His Excellency Emomali Rahmon, even after his presidential tenure, plays an effective role in maintaining political stability and promoting state development. This provision strengthens Tajikistan’s political system and protects it from potential threats of instability.
The law also contributes to the strengthening of Tajikistan’s foreign policy. Through his “open doors” policy, His Excellency Emomali Rahmon transformed Tajikistan into an active member of international organizations such as the United Nations (UN), the Collective Security Treaty Organization (CSTO), and the Shanghai Cooperation Organisation (SCO). His international initiatives, including UN resolutions on water and glacier protection, have elevated Tajikistan’s global standing. The law recognizes these achievements and provides a legal framework for the continuation of this policy.
The law establishes a legal mechanism to prevent political crises. The powers of the Leader of the Nation to address political, economic, and social crises (Article 3) enable him to act as a stabilizing factor in complex situations. This provision is particularly significant in the historical context of Tajikistan, which required political stability following the civil war.
The establishment of institutions such as the Secretariat of the Leader of the Nation (Article 6) and the Fund of the Founder of Peace and National Unity (Article 12) also contributes to political stability. These institutions support the constructive initiatives of the Leader of the Nation in political, economic, and cultural spheres, ensuring the continuity of state policy and sustainable development.
The law fosters the formation of a national political culture, presenting His Excellency Emomali Rahmon as a symbol of national unity, peace, and state progress. His contributions to strengthening friendship among peoples, promoting democracy, and ensuring a decent life for every citizen further enhance his standing among the people.
The law increases public trust in the political system and state leadership. The lifelong provision of housing, transport, medical services, and a pension for the Leader of the Nation (Articles 9–15) demonstrates the state’s respect for his significant contributions. These provisions send a message to the public that the state honors those who have served for the peace and progress of the country.
The establishment of museums, libraries, and statues of the Leader of the Nation (Article 13) allows future generations to learn about his contributions and value the principles of peace and unity. These initiatives promote national pride and a sense of belonging to the nation, particularly among the youth.
The law contributes to the social integration of society. The establishment of the Order and State Award named after “Leader of the Nation – Emomali Rahmon” (Article 4) honors individuals who have contributed to the development of democracy, the strengthening of peace, and friendship among peoples. These awards symbolize the nation’s respect for universal human values and promote social cohesion.
Additionally, the Fund of the Founder of Peace and National Unity (Article 12) supports social, cultural, and economic projects. This initiative contributes to reducing social inequality, improving living standards, and strengthening national unity.
The law also promotes the revival of national cultural and historical values. The establishment of museums and libraries named after the Leader of the Nation (Article 13) preserves his historical legacy and passes it on to future generations. These initiatives foster national pride and a sense of belonging to Tajikistan’s modern history.
From a legal perspective, the law solidifies the special status of the Leader of the Nation within the constitutional system, providing the necessary guarantees for his effective activities. The inviolability of His Excellency Emomali Rahmon and his family (Article 5) serves as a security guarantee, particularly significant in complex political conditions. These provisions demonstrate that the state values the contributions of the Leader of the Nation and ensures his security at the highest level. Articles 6–15 establish the social and economic guarantees for the Leader of the Nation, enabling him to continue his constructive activities even after his presidential tenure. These provisions strengthen the state’s legal system and enhance public trust in social justice.
The law has contributed to increasing public trust in the state and its leadership. The official recognition of His Excellency Emomali Rahmon’s contributions as the Leader of the Nation sends a message to the public that the state is committed to the values of peace, unity, and progress. The law also promotes national unity, fostering a sense of belonging to the state and nation, particularly among the youth.
The establishment of institutions and awards named after the Leader of the Nation promotes national values and strengthens the political culture of society. These initiatives allow the public to learn about Tajikistan’s modern history and the role of the Leader of the Nation, contributing to the formation of a knowledgeable and patriotic generation.
The Constitutional Law of the Republic of Tajikistan “On the Founder of Peace and National Unity – Leader of the Nation” (dated November 14, 2016, No. 1356) is a significant legal and political document that officially recognizes the unparalleled contributions of His Excellency Emomali Rahmon to the establishment of an independent state, the restoration of peace and national unity, the strengthening of state sovereignty, and the economic and cultural development of Tajikistan. The law not only defines the status of the Leader of the Nation as a symbol of the resilience of Tajikistan’s independent statehood and a guarantor of societal stability but also provides a legal framework for the continuation of state policy and the sustainable development of the country.
Adopted in the historical context of post-independence, marked by the civil war of 1992–1997 and political and economic challenges, the law reflects the wise leadership of His Excellency Emomali Rahmon, who saved the nation from disintegration, restored peace, and transformed Tajikistan into a respected state on the global stage. The General Agreement on the Establishment of Peace and National Accord (June 27, 1997), recognized globally as the “Tajik model of peace,” is one of his greatest achievements, laying the foundation for political stability.
The law not only highlights the contributions of the Leader of the Nation to restoring peace and national unity but also establishes his lifelong powers to address critical state issues, ensuring social and economic guarantees for him and his family. The establishment of institutions such as the Secretariat of the Leader of the Nation, the Fund of the Founder of Peace and National Unity, museums, and awards named after him contributes to preserving his historical legacy and promoting the values of peace and unity. His Excellency Emomali Rahmon’s contributions are forever etched in Tajikistan’s history, and he holds a special place in the hearts of the people as the father of the nation and the founder of modern statehood.
The law fosters the formation of a national political culture, increasing public trust in the statehood system and its leadership. It also provides a legal framework for preventing political crises, strengthening national unity, and promoting sustainable economic and cultural development. This document is a unique example of national legislation that recognizes the contributions of a historical figure while serving the continuation of state policy and the strengthening of societal unity.
The implementation of the Constitutional Law “On the Founder of Peace and National Unity – Leader of the Nation” in the future can further contribute to strengthening national unity, political stability, and the economic and cultural development of Tajikistan. The law is aimed not only at preserving the historical legacy of His Excellency Emomali Rahmon but also at promoting the values of peace, unity, and progress among future generations.
The establishment of museums, libraries, and statues of the Leader of the Nation (Article 13) will allow future generations to learn about his significant contributions and value the principles of peace and unity. These initiatives foster national pride and a sense of belonging to Tajikistan’s modern history. In the future, these institutions could become educational and cultural centers where young generations learn about Tajikistan’s peacebuilding experience and the role of the Leader of the Nation.
The Fund of the Founder of Peace and National Unity (Article 12) can be used to support social, cultural, and economic projects, such as the construction of schools, hospitals, and cultural centers. These initiatives contribute to reducing social inequality, improving living standards, and strengthening national unity. In the long term, the fund’s activities can enhance public trust in the state and promote national unity.
The lifelong powers of the Leader of the Nation (Article 3) to address critical state issues, including resolving political, economic, and social crises, enable him to act as a stabilizing factor in the future. This provision is particularly significant in the complex geopolitical context of the region, marked by security threats and economic instability. The Leader of the Nation’s role in strategic decision-making can protect Tajikistan from internal and external threats, ensuring political stability.
The removal of the two-term presidential limit (Article 2, Paragraph 4) allows His Excellency Emomali Rahmon to continue playing an active role in state governance in the future. This decision ensures the continuity of state policy, which has driven Tajikistan’s progress for over three decades. In the future, this provision can facilitate a smooth political transition and maintain stability in the country.
The law promotes the economic and cultural development of Tajikistan. The establishment of the Order and State Award named after “Leader of the Nation – Emomali Rahmon” (Article 4) honors individuals who have contributed to the development of democracy, the strengthening of peace, and friendship among peoples. These awards promote universal human values and strengthen the national political culture, fostering national pride and social integration.
The Fund of the Founder of Peace and National Unity can be used in the future to support economic projects, such as entrepreneurship development, infrastructure construction, and job creation. These initiatives contribute to reducing poverty, improving living standards, and boosting the national economy. Additionally, supporting cultural projects, such as festivals, book publications, and educational events, promotes the revival of national traditions and the promotion of Tajikistan’s cultural heritage.
To further strengthen the implementation of the law and enhance its impact on society and the state, the following recommendations are proposed:
– Development of Educational Programs: Educational programs should be developed in schools and universities to introduce the contributions of His Excellency Emomali Rahmon to younger generations. These programs could include special lessons, seminars, and educational events dedicated to Tajikistan’s modern history, the role of the Leader of the Nation in peacebuilding, and state-building. This initiative will foster the formation of a knowledgeable and patriotic generation.
– Promotion of the “Tajik Model of Peace”: International events, such as conferences, seminars, and forums, should be organized to promote the “Tajik model of peace.” These events could be held in collaboration with the United Nations and other international organizations, showcasing Tajikistan’s experience in conflict resolution and peacebuilding to the global community.
– Expansion of the Fund’s Activities: The activities of the Fund of the Founder of Peace and National Unity should be expanded to support social, cultural, and economic projects at the national and regional levels. For example, the fund could finance the construction of educational centers, support small and medium-sized enterprises, and promote Tajik culture abroad.
– Organization of Cultural Events: Cultural events, such as festivals, exhibitions, and television programs, should be organized to promote the contributions of the Leader of the Nation and the values of peace and unity. These events can enhance national pride and strengthen societal unity.
– Collaboration with International Organizations: Cooperation with international organizations, such as the UN, CSTO, and SCO, should be strengthened to promote the initiatives of the Leader of the Nation in areas such as peace, water, and environmental protection. This initiative can further solidify Tajikistan’s position on the global stage.
In the long term, the law can contribute to strengthening Tajikistan’s statehood system, increasing public trust in the state, and promoting sustainable development. It is designed to preserve the historical legacy of His Excellency Emomali Rahmon, enabling future generations to learn about his contributions and continue the values of peace, unity, and progress. The law can also enhance Tajikistan’s position in the international arena. The international initiatives of the Leader of the Nation, such as UN resolutions on water and glacier protection, have established Tajikistan as a leader in addressing global issues. The law provides a legal framework for the continuation of these initiatives, contributing to the country’s international prestige.
The Constitutional Law “On the Founder of Peace and National Unity – Leader of the Nation” is a historic document that recognizes the contributions of His Excellency Emomali Rahmon as the founder of modern Tajik statehood, providing a legal framework for strengthening political stability, national unity, and sustainable development. The law is not only a symbol of the nation’s respect for its Leader but also an effective tool for maintaining societal unity and state progress. In the future, the implementation of this law can contribute to strengthening national pride, increasing public trust in the state, and promoting the economic and cultural development of Tajikistan. The contributions of His Excellency Emomali Rahmon are etched in the nation’s history in golden letters, and he will remain a symbol of peace, unity, and progress for future generations.
SANGINZODA DONIYOR SHOMAKHMAD – Professor of the Department of Entrepreneurship and Commercial Law, Faculty of Law, Tajik National University, Doctor of Legal Sciences.