Tajikistan is an Asian landlocked country, sharing a border with Afghanistan, Uzbekistan, Kyrgyzstan, and China. The population of this country is approx 1,07,86,000 with 1,43,100 square kilometers area. Ethnically, 87% of the citizens of this state are Tajik, and about 11% are Uzbek. The official language is Tajik, but Russian is also widely spoken. Religiously, 97% are Muslim.
The Constitution of Tajikistan mentions the separation of powers, non-discrimination, protection of legal rights, protection of privacy of communications, religious rights, freedom of assembly, freedom of speech, and guarantees of good health.
These are positive aspects. Now let's discuss the negative aspects.
A university degree is required to become the President and a Member of Parliament, which is against the democratic spirit. The voter will decide freely who will represent him or her. Many may not be able to study at the university due to poverty or circumstances. Perhaps their father or mother died at a young age, and someone may be employed at a very young age to support the family or to continue the academic studies of their younger siblings. Then this unfortunate person will not have the right to become the President or a Member of Parliament?
One-fourth of the members of one chamber of the bicameral parliament are appointed by the President of Tajikistan. In some countries, sometimes, Members of Parliament are appointed according to the list provided by the political party according to the percentage of votes received by the political party. In this case, if there is a vacancy due to fractional reasons, the President appoints it - that is fine. But if 25% of the members of parliament are appointed by the President, then we all know that they will never go against the President.
Admirable Articles of Tajikistan's Constitution
Article 1
The Republic of Tajikistan is a sovereign, democratic, law-governed, secular, and unitary State.
The form of the governance of the Republic of Tajikistan is Presidential.
Tajikistan is a social State the policy of which is aimed at providing conditions that ensure dignified life and free human development.
"Republic of Tajikistan" and "Tajikistan" are equivalent terms.
Article 9
The State power is based on the principle of its division into legislative, executive, and judicial.
Article 13
The land, its resources, water, airspace, fauna and flora, and other natural resources are exclusively the property of the State, and the State guarantees their effective use in the interests of the people.
Article 17
All are equal before the law and court. The State guarantees the rights and freedoms of everyone regardless of his nationality, race, gender, language, religious beliefs, political persuasion, education, [and] social and property status.
Men and women have equal rights.
Article 19
Everyone is guaranteed judicial protection. Everyone has the right to demand that his case be considered by a competent, independent, and impartial court established in accordance with law.
No one may be detained and arrested without legal grounds. A person has the right to services of an attorney from the moment of his arrest.
Article 21
The law protects the rights of a victim. The State guarantees to the victim judicial protection and compensation for damages inflicted on him.
Article 23
The secrecy of correspondence, telephone conversations, and telegraph and other personal communications is ensured except in cases provided by law.
The collection, storage, use, and dissemination of information about private life of a person without his consent are forbidden.
Article 25
State organs, social associations, political parties, and officials are obligated to provide everyone with the opportunity to receive and become familiar with documents concerning his rights and interests except in cases provided by law.
Article 26
Everyone has the right to independently determine his (her) relationship toward religion, to profess any religion individually or together with others, or to profess none, and to participate in the performance of religious cults, rituals, and ceremonies.
Article 29
A citizen has the right to participate in meetings, rallies, demonstrations, and peaceful processions established by law.
No one may be forced to participate in them.
Article 30
Everyone is guaranteed freedom of speech, press, [and] the right to use means of mass information.
Propaganda and agitation inciting social and racial, national, religious and language enmity and hostility are prohibited.
State censorship and prosecution for criticism is prohibited.
A list of information constituting a State secret is determined by law.
Article 33
Family as the foundation of the society is under the protection of the State.
Everyone has the right to form a family. Men and women who have reached the marital age have the right to freely enter into a marriage. In family relations and in dissolution of the marriage, spouses have equal rights.
Polygamy is prohibited.
Article 38
Everyone has the right to protection of health. Everyone within the framework determined by law enjoys free medical assistance in the State healthcare establishments. The State adopts measures for improvement of the environment, development of mass sport, physical culture, and tourism.
Other forms of providing medical assistance are determined by law.
Facts of Tajikistan's Constitution
Article 49
The Majlisi Namoyandagon is elected on the basis of universal, equal, and direct suffrage by secret ballot. The Majlisi Namoyandagon functions on a constant and professional basis. Only a person not younger than 30 years old, having only the citizenship of the Republic of Tajikistan and a University Degree shall be elected as a deputy of Majlisi Namoyandagon.
Three quarters of the members of the Majlisi Milli are elected indirectly by way of secret ballot at joint assemblies of people's deputies of the Gorno-Badakhshan Autonomous Oblast and its cities and rayons, oblasts and their cities and rayons, the city of Dushanbe and its rayons, cities and rayons of republican subordination (jointly). In the Majlisi Milli, the Gorno-Badakhshan Autonomous Oblast, oblasts, the city of Dushanbe, [and] cities and rayons of republican subordination have an equal number of representatives.
One quarter of the members of the Majlisi Milli is appointed by the President of the Republic of Tajikistan.
The Majlisi Milli functions on a convocational basis.
A person not younger than 30 years old, having only the citizenship of the Republic of Tajikistan and a University Degree shall be elected as a member of Majlisi Milli.
Every former President of the Republic of Tajikistan is a lifetime member of the Majlisi Milli unless he declines to exercise this right.
A member of Majlisi Milli and a deputy of Majlisi Namoyandagon after being appointed or elected takes an oath before the people of Tajikistan at a session of Majlisi Milli and Majlisi Namoyandagon.
The number of members of Majlisi Milli and deputies of Majlisi Namoyandagon, the procedure of their election or appointment shall be determined by the constitutional law.
Article 60
Laws are adopted by the Majlisi Namoyandagon. A law is adopted by a majority vote of all the deputies unless a different procedure is provided by the Constitution.
Laws adopted by the Majlisi Namoyandagon, except for the laws on the State budget and amnesty , are presented to the Majlisi Milli.
A law is considered approved by the Majlisi Milli if a majority of all its members voted in favor of it. In case of rejection of a law by the Majlisi Milli, the law is subject to reconsideration by the Majlisi Namoyandagon.
In case of disagreement of the Majlisi Namoyandagon with the decision of the Majlisi Milli, a law is considered adopted if no less than two thirds of all the deputies of the Majlisi Namoyandagon voted for it a second time.
The laws on the State budget and amnesty are adopted only by the Majlisi Namoyandagon. The Majlisi Namoyandagon exercises control over the execution of the State budget.
Article 65 (Part of it)
A person who is at least 30 years old, has citizenship of the Republic of Tajikistan only, a University Degree, knows state language and has been living within the republic at least 10 years shall run for president of the Republic of Tajikstan.
Article 78
The local executive body of the local state power is exercised by the President's representative - the Chairman of oblast, city, and rayon.
The representative and executive power in the corresponding administrative and border units is headed by the Chairman.
The President appoints and dismisses the Chairmen of the Gorno-Badakhshan Autonomous Oblast, oblasts, the city of Dushanbe, cities, and rayons presenting their candidatures for approval of the corresponding Majlis of People's Deputies.
The Chairman is responsible before the higher executive organ and the corresponding Majlis of People's Deputies.
The founding procedure, powers, and activity of the organs of local agendies of state power are regulated by a constitutional law.
The organ of self-government of a settlement or village is the Jamoat, whose founding procedure, powers, and activity are regulated by law.
