The annual celebration of Constitution Day on November 6 in Tajikistan symbolizes respect for the rule of law and the fundamental principles of democracy. However, for many citizens, this day has become a reminder of systematic violations of the constitutional order that began with Emomali Rahmon’s seizure of power. Utilizing constitutional amendments on June 22, 2003, Rahmon managed to establish a regime of personal power incompatible with the foundations of democracy and violating the principles enshrined in the country’s constitution. This process has led to Rahmon’s authority becoming illegitimate and unconstitutional, casting doubt on the legality of all actions taken by his regime over more than two decades.
The 2003 Amendments and the Creation of an Illegitimate Regime
In 2003, Emomali Rahmon initiated constitutional changes that extended the presidential term from five to seven years. These amendments allowed him to violate the fundamental principle of the rotation of power enshrined in the original version of the Constitution. According to democratic standards, such amendments should not affect the incumbent president and should come into force only for the subsequent elections on November 6, 2004. In international practice, similar actions aimed at increasing the term of the current head of state are regarded as signs of power usurpation (see Venice Commission reports on extending presidential terms, CDL-AD(2009)011).
Rahmon’s term, which began in 1999, was supposed to conclude on November 6, 2004. However, contrary to constitutional requirements, the elections were postponed to November 6, 2006. This allowed him to retain power by violating established legal procedures; it was essentially an unconstitutional seizure of power and forcible governance of the state. This step was a blatant refusal to comply with constitutional norms and the fundamental principles of power rotation. Such a postponement is illegal and contradicts the basic democratic standards accepted by the international community.
Legal Illegitimacy of Rahmon’s Authority
Disregard for legal norms and international standards has created a legally untenable foundation for Rahmon’s tenure in power. The referendum on June 22, 2003, which expanded his powers, violated the principles outlined in the International Covenant on Civil and Political Rights (Article 25), which requires that every citizen has the right to participate in the governance of their country through fair and regular elections. Violating these principles casts doubt on the legitimacy not only of the presidential elections on January 6, 2006, but all subsequent elections, since Rahmon’s legal status as president is illegitimate.
From the standpoint of constitutional law, all actions undertaken by Rahmon after November 6, 2004, including legislative and executive acts, can be considered legally invalid. Emomali Sharipovich Rahmonov was elected for five years, and his mandate could not be extended to seven years when the people elected him in 1999 for a five-year term. This casts doubt on the legitimacy of all acts and decisions made after November 6, 2004, including subsequent elections in 2006, 2013, and 2020, as well as the 2016 referendum. Since November 6, 2004, Emomali Sharipovich Rahmonov is not the president of Tajikistan; he unconstitutionally seized power and is forcibly governing the state. In such cases, the Venice Commission points to the necessity of international review of unconstitutional actions to restore the rule of law (see Venice Commission recommendations on compliance with democratic standards, CDL-AD(2002)024-e). Rahmon’s regime operates without a legitimate legal basis, posing a threat to the rights and freedoms of citizens.
Signs of Power Usurpation and Strengthening of Authoritarianism
Since 2004, Emomali Rahmon’s regime has been violating fundamental democratic principles by using constitutional amendments as a mechanism to retain power. Subsequent amendments adopted in 2016 effectively allowed him to occupy the presidential post indefinitely, which grossly violates both national and international law. Such practices are recognized by the international community as power usurpation, as the president uses constitutional changes for personal enrichment and consolidation of personal power, suppressing political competition and restricting civil liberties.
Moreover, in 2004, systematic repressions against the opposition and the persecution of independent journalists and activists began. These actions aim to strengthen power through intimidation and the suppression of political resistance. The introduction of restrictions on political rights, freedom of speech, and assembly only confirms the illegitimacy of Rahmon’s rule. His regime violates the principles of the Universal Declaration of Human Rights and other international conventions aimed at protecting citizens’ rights, thereby contradicting global standards.
The Necessity of Restoring the Rule of Law and Recommendations
To restore the constitutional order and eliminate the consequences of the unlawful retention of power, it is imperative to draw the attention of the international community and conduct an independent legal assessment of Emomali Rahmon’s actions since 2003. Such an assessment can be carried out through international legal structures such as the OSCE, the Venice Commission, and the UN. The analysis should cover violations of the principles of democratic power rotation, legal aspects of extending the presidential term, and repressions against the political opposition and civil society.
In light of international norms and standards, restoring the rule of law in Tajikistan requires:
1. An international audit of all constitutional changes and elections since 2003 to assess their compliance with democratic standards.
2. Reviewing the legitimacy of decisions and acts adopted by Rahmon’s regime, considering his illegitimacy.
3. Holding accountable all individuals involved in violating citizens’ rights and exerting political pressure, creating a precedent to prevent the recurrence of such actions.
4. Establishing conditions for free and fair elections, which will allow the Tajik people to restore constitutional order and ensure a democratic future for the country.Conclusion
The analyzed facts indicate that since 2004, Emomali Rahmon has been retaining power through illegal methods, creating an illegitimate regime that does not conform to either national or international legal standards. His regime violates fundamental principles of democracy and human rights enshrined in international conventions. Restoring the rule of law requires clear and firm international intervention that can ensure adherence to democratic norms, return citizens their rights, and create conditions for fair governance in Tajikistan.
Sharofiddin Gadoev
Chairman of the Movement “Reforms and Development of Tajikistan”
Amsterdam, Netherlands
November 6, 2024
