By Diplomacy Journal Lee Kap-soo

The following article was contributed by Ambassador of the Republic of Tajikistan to the Republic of Korea H.E. Mr. Salohiddin Kirom to the Diplomacy Journal for publication. –Ed.

November 6 is celebrated across Tajikistan as Constitution Day of the Republic of Tajikistan., On November 6, 1994, the Constitution of the Republic of Tajikistan was adopted through a national referendum. Since then, amendments and additions have been introduced via national referendums on September 26, 1999, June 22, 2003, and May 22, 2016. These changes were dictated by the demands of the time, including the need to protect state and national interests, ensure stable societal development, and promote socio-economic progress.

Over the years the Constitution has served as a pivotal guiding document and legal foundation for building the independent Tajik state. It is the core document that protects state and national interests and historical and cultural heritage.

The Founder of Peace and National Unity—Leader of the Nation, President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon, highly values the Constitution's role in the development of national statehood. He stated: "Upon the adoption of its first Constitution, the independent people of Tajikistan declared human freedom and rights as sacred and the building of a just society as their duty, defining the basic elements of a civil society. The historical role of the Constitution is, above all, that from the first years of independence, the people of Tajikistan, as the embodiment of sovereignty and the sole source of state power, determined their destiny precisely in accordance with the provisions of this fateful document, and specified the directions for the development of all spheres of their life. It is precisely on the basis of the requirements of the constitutional norms that constitutional laws and other important laws were adopted, the goal of which is to strengthen the pillars of statehood and the legal regulation of various aspects of the country's economic, social, and cultural life. All of these collectively express the healthy process of legal reform in the country and ensure a reliable foundation for the progress of society."

It is often emphasized that the Constitution of Tajikistan is recognized among the ten best Constitutions in the world. Its Preamble is famously written with the following historical words:

“We, the people of Tajikistan, As an inseparable part of the world community, Realizing our debt and our responsibility to the past, present and future generations, Understanding the necessity of ensuring the sovereignty and development of our State, Recognizing as unshakable the freedom and rights of man, Respecting the equality of rights and friendship of all nations and nationalities, seeking to build a just society, adopt and proclaim this Constitution.”

The Constitution of Tajikistan consists of 10 chapters and 100 articles. The essence, content, and aspirations of the new national statehood are clearly embodied in Article 1 and Article 100.

• Article 1 of the Constitution states: "The Republic of Tajikistan is a sovereign, democratic, legal, secular, and unitary state."
• Article 100 emphasizes: "The form of republican governance, territorial integrity, democratic, legal, secular, and social nature of the state are unchangeable."

The foundations of the constitutional structure, the activities of the legislative, judicial, and prosecutorial bodies, and the guaranteeing of human and citizen rights and freedoms are all implemented within the scope of these two foundational articles.

The adoption of these principles was not a simple task. When the working group for the preparation of the draft Constitution, led by the then Chairman of the Supreme Council, H.E. Mr. Emomali Rahmon, began its work, it considered all aspects of the ancient nation's history and culture, the fate of Tajik statehood, and national traditions, connecting them with the demands of the modern era, new societal processes, new state order, and global politics.

As historical evidence suggests, the Leader of the Nation, President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon, is one of the founders of the country's new Constitution. After the declaration of state independence, adopting the Constitution was considered one of the most critical issues of state-building, as it determined the path of the state and society toward further development.

In 1992, a working group was established to draft the Constitution, but the imposed civil war prevented the draft from being submitted for nationwide discussion. The next serious initiative was taken after the restoration of the constitutional order. By a resolution of the XVII Session of the Supreme Soviet of the Republic of Tajikistan, a new Constitutional Commission was established under the leadership of the Chairman of the Supreme Council, respected Emomali Rahmon.

At that session, the Head of State articulated the necessity of this work: "The most important aspect of this task is to raise the state legislation to the legal and moral level of international law and its universal measures. From this point of view, we concluded that we should send our current system of laws for international expertise and also use the advisory assistance of relevant international organizations in the consideration of our Basic Law."

The celebration the anniversary of the Constitution in an atmosphere of peace and stability, majesty, and the triumph of economic and social achievements is evidence that the proud people of Tajikistan did not make a mistake in electing the Leader of the Nation, adopting the country's Constitution, and heading toward a free and humane society, a democratic, legal, secular, and social state.