On February 27, 2025, Sharofiddin Gadoev, Chairman of the Movement for Reforms and Development of Tajikistan, submitted an official appeal to the Constitutional Court of the Republic of Tajikistan, demanding that the law “On the Founder of Peace and National Unity – Leader of the Nation”, adopted on November 14, 2016, be recognized as unconstitutional. This law grants Emomali Rahmon exclusive privileges, absolute immunity, and effectively establishes his lifelong rule, which contradicts the Constitution of Tajikistan and the country’s international obligations.
In his appeal, Gadoev provides a detailed argument demonstrating that this law undermines the foundations of the country’s democratic system. It directly contradicts the Constitution of Tajikistan, particularly Articles 1, 6, 9, 17, 30, 40, and 65. The Constitution guarantees a democratic state structure, the equality of all citizens before the law, the principle of power rotation, the independence of governmental branches, and freedom of speech. However, the Leader of the Nation law violates these principles by effectively abolishing term limits for Emomali Rahmon, establishing a system of lifelong rule, eliminating the possibility of prosecution against him and his family for crimes and corruption, and legitimizing the persecution of regime critics.
One of the most severe violations is that this law effectively institutionalizes the usurpation of power. The Constitution of Tajikistan explicitly prohibits the usurpation of power, yet the Leader of the Nation law allows Emomali Rahmon to indefinitely hold the presidency, interfere in the activities of all government bodies, and maintain control over the state apparatus even after the formal expiration of his term. This grossly violates the principle of separation of powers and makes the governance system in Tajikistan entirely dependent on a single individual, contradicting both democratic standards and the Constitution itself.
Furthermore, the law undermines the principles of equality and justice. It grants Rahmon and his family full immunity, exempting them from any accountability for crimes, including corruption, embezzlement of state funds, and potential human rights violations. The law also legalizes the state financing of all expenses related to Emomali Rahmon, including the maintenance of his residences, museums, foundation, and other facilities. These expenses are covered by the state budget, which contradicts the principles of social justice and the efficient use of public resources.
Additionally, the law restricts freedom of speech by introducing criminal liability for non-compliance with its provisions. This could be used to persecute political opposition figures, independent journalists, and civil activists who speak out against the authoritarian regime. In effect, this law criminalizes criticism of Emomali Rahmon and transforms his persona into an untouchable object of cult-like veneration.
Beyond violations of the Constitution of Tajikistan, Sharofiddin Gadoev emphasizes that the Leader of the Nation law grossly breaches the country’s international obligations. Tajikistan is a signatory to the International Covenant on Civil and Political Rights, which mandates the conduct of free and genuine elections and prohibits discriminatory restrictions on citizens’ participation in governance. However, the Leader of the Nation law exempts Emomali Rahmon from constitutional constraints, effectively creating a system of lifelong rule, which is inconsistent with international legal principles.
The law also violates the United Nations Convention Against Corruption, as it obstructs anti-corruption investigations against Emomali Rahmon and his family. In democratic nations, no one is above the law, yet in Tajikistan, this law establishes legal immunity for a single family, fostering conditions for impunity and abuse of power.
The Universal Declaration of Human Rights, to which Tajikistan is a party, is also violated by this law. The declaration affirms that all individuals are equal before the law and that the will of the people must be the basis of governmental authority. However, Law No. 1356 contravenes these principles by creating a system of unlimited rule for one individual and suppressing political competition.
Sharofiddin Gadoev demands that the Constitutional Court of the Republic of Tajikistan declare the Leader of the Nation law unconstitutional, annul its provisions, and bring national legislation into compliance with democratic norms. He also calls on the international community to take notice of this law and intensify pressure on Emomali Rahmon’s regime to protect the democratic rights and freedoms of the Tajik people.
Despite the fact that the Constitutional Court of Tajikistan is entirely controlled by the regime and is highly likely to refuse consideration of this appeal, this step holds immense political and legal significance. It establishes a legal foundation for the future revision of anti-democratic laws, attracts international attention to human rights violations in Tajikistan, and increases pressure on the country’s authorities.
“This law legitimizes authoritarian rule and violates the rights of the Tajik people. Its annulment is a necessary step toward restoring democratic institutions in Tajikistan. We will seek justice and continue the struggle for citizens’ rights,” stated Sharofiddin Gadoev.
This lawsuit against the Constitutional Court of Tajikistan is part of the long-term strategy of the Movement for Reforms and Development of Tajikistan to restore democratic principles and hold the dictatorial regime accountable. Regardless of the Tajik authorities’ response, this appeal strengthens the international human rights agenda and raises awareness of severe human rights violations in the country.
The full text of Sharofiddin Gadoev’s appeal to the Constitutional Court of Tajikistan requesting the annulment of the Leader of the Nation law as unconstitutional and contrary to international norms is provided below.
Press Service of the Movement for Reforms and Development of Tajikistan
(Amsterdam, Netherlands)
To the Constitutional Court of the Republic of Tajikistan
734025, Dushanbe, Bokhtar Street 48
From:
Sharofiddin Gadoev,
Citizen of Tajikistan,
Chairman of the Movement “Reforms and Development of Tajikistan”
Amsterdam, Netherlands
February 27, 2025
Tel:
Email:
Name and address of the state body that issued the law whose constitutionality is being challenged:
Majlisi Milli Majlisi Oli of the Republic of Tajikistan
Address: Dushanbe, Rudaki Avenue 42
Exact title, number, date of adoption, source of publication, and other details of the act subject to review, as well as the provision of the Constitution of the Republic of Tajikistan subject to interpretation:
Constitutional Law of the Republic of Tajikistan “On the Founder of Peace and National Unity – Leader of the Nation” No. 1356, dated November 14, 2016.
Petition
On recognizing the provisions of the Constitutional Law of the Republic of Tajikistan “On the Founder of Peace and National Unity – Leader of the Nation” No. 1356 of November 14, 2016, as unconstitutional due to their contradiction to the Constitution of the Republic of Tajikistan, international obligations, and democratic principles of governance.
Honorable Members of the Constitutional Court of the Republic of Tajikistan,
In accordance with Article 89 of the Constitution of the Republic of Tajikistan and Clause 6 of Article 40 of the Constitutional Law “On the Constitutional Court of the Republic of Tajikistan,” the Movement “Reforms and Development of Tajikistan” hereby requests the Constitutional Court to review the compliance of the Constitutional Law “On the Founder of Peace and National Unity – Leader of the Nation” No. 1356 of November 14, 2016 (hereinafter referred to as the “Law”) with the Constitution of the Republic of Tajikistan and international obligations.
I. Introduction
This Law grants Emomali Rahmon a special status as the “Founder of Peace and National Unity – Leader of the Nation,” endowing him with exclusive powers, privileges, and immunities. We believe that these provisions significantly undermine the constitutional order, contradict several articles of the Constitution of the Republic of Tajikistan, violate the country’s international obligations, and are incompatible with democratic principles of governance.
II. Legal Argumentation
- Inconsistency of the Law with the Constitution of the Republic of Tajikistan
1.1. Violation of Article 1 of the Constitution – Principle of a Democratic State
Constitutional Provision:
Article 1 of the Constitution proclaims the Republic of Tajikistan as a sovereign, democratic, legal, secular, and unitary state.
Analysis:
Democracy is based on the principles of popular sovereignty, periodic change of power, equality of citizens before the law, and accountability of the government to the people. A law granting Emomali Rahmon the lifelong status of “Leader of the Nation” with exclusive powers contradicts these principles.
Justification:
• Clause 4 of Article 2 of the Law removes term limits for the “Leader of the Nation,” effectively legalizing lifelong rule.
• This undermines the principle of power rotation through free and fair elections, where every citizen has an equal right to be elected to high government positions.
1.2. Violation of Article 6 of the Constitution – Prohibition of Power Usurpation
Constitutional Provision:
Article 6 states: “The usurpation of power or its appropriation is prohibited.”
Analysis:
The Law grants one individual exclusive powers and a status that allows him to remain in power indefinitely, which may be considered as usurpation of power.
Justification:
• Clause 4 of Article 2 of the Law allows the “Leader of the Nation” to be elected as President an unlimited number of times.
• Granting such privileges and powers to a single individual without constitutional justification contradicts the prohibition on power usurpation established in Article 6 of the Constitution.
• This creates a risk of power concentration in the hands of one person, undermining the foundations of the constitutional order.
1.3. Violation of Article 9 of the Constitution – Principle of Separation of Powers
Constitutional Provision:
Article 9 of the Constitution establishes that state power in the Republic of Tajikistan is based on the division into legislative, executive, and judicial branches.
Analysis:
The Law grants the “Leader of the Nation” the right to interfere in the activities of all branches of government, violating their independence and balance.
Justification:
• Article 3 of the Law grants the “Leader of the Nation” the right to address state bodies with recommendations that are mandatory for consideration and to participate in their meetings.
• It also mandates that key state and public issues, as well as the main directions of domestic and foreign policy, be coordinated with the “Leader of the Nation.”
• This creates a parallel center of power not provided for by the Constitution, violating the principle of separation of powers and the system of checks and balances.
1.4. Violation of Article 17 of the Constitution – Principle of Equality Before the Law
Constitutional Provision:
Article 17 of the Constitution states that all persons are equal before the law and the court. The state guarantees the rights and freedoms of every individual regardless of their social and financial status.
Analysis:
The Law grants the “Leader of the Nation” and his family special privileges and immunities, placing them in an exceptionally superior position compared to other citizens.
Justification:
• Article 5 of the Law establishes the inviolability of the “Leader of the Nation” and his family, exempting them from liability for any actions committed while in office.
• This contradicts the principle of the rule of law, according to which no one is above the law and all individuals are equal before it.
1.5. Violation of Article 30 of the Constitution – Freedom of Speech and Expression
Constitutional Provision:
Article 30 of the Constitution guarantees freedom of speech, the press, and access to information for everyone.
Analysis:
Article 17 of the Law provides for liability for non-compliance with its provisions, which may be used to persecute individuals criticizing the “Leader of the Nation.”
Justification:
• The possibility of being held accountable for failing to comply with the Law’s provisions may suppress freedom of expression, information gathering, and dissemination.
• This creates an atmosphere of fear and self-censorship, which is incompatible with the principles of a democratic society.
1.6. Violation of Article 65 of the Constitution – Limitation on Presidential Terms
Constitutional Provision:
Article 65 of the Constitution establishes that the same person cannot be elected as President for more than two consecutive terms.
Analysis:
Clause 4 of Article 2 of the Law exempts the “Leader of the Nation” from this restriction, directly contradicting the Constitution.
Justification:
• This exemption undermines the constitutional mechanism preventing the concentration of power and ensures the possibility of lifelong rule.
• It violates the principle of equal political participation among citizens and the ability for power rotation.
- Inconsistency of the Law with the International Obligations of the Republic of Tajikistan
2.1. International Covenant on Civil and Political Rights (ICCPR)
Article 25 of the ICCPR:
Guarantees every citizen the right and the opportunity, without discrimination and unreasonable restrictions, to participate in the governance of their country, to vote, and to be elected in periodic and genuine elections.
Analysis:
• The removal of term limits for the “Leader of the Nation” violates the principle of genuine periodic elections.
• This creates unequal conditions for citizens wishing to participate in political life on an equal basis.
Article 19 of the ICCPR:
Everyone has the right to freedom of expression, including the freedom to seek, receive, and disseminate information and ideas of all kinds.
Analysis:
• The establishment of liability for non-compliance with the provisions of the Law may be used to restrict freedom of speech and suppress criticism.
• This contradicts Tajikistan’s obligations to ensure freedom of expression.
2.2. United Nations Convention Against Corruption
Obligations:
State parties are required to adopt measures to prevent corruption, ensure transparency, and hold public officials accountable.
Analysis:
• Granting absolute immunity to the “Leader of the Nation” and his family obstructs the possibility of investigating and prosecuting potential acts of corruption.
• This creates conditions for impunity and contradicts the principles of the Convention aimed at combating corruption.
2.3. Universal Declaration of Human Rights
Article 7:
All people are equal before the law and are entitled without any discrimination to equal protection of the law.
Analysis:
• The Law establishes special privileges for the “Leader of the Nation” and his family, violating the principle of equality before the law and creating discriminatory conditions.
Article 21:
The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections.
Analysis:
• The lifelong status and removal of term limits for the presidency violate the people’s right to form the government through periodic elections.
III. Conclusions
Based on the detailed analysis, we conclude that the Constitutional Law “On the Founder of Peace and National Unity – Leader of the Nation”:
1. Contradicts several articles of the Constitution of the Republic of Tajikistan, including Articles 1, 6, 9, 10, 13, 17, 30, 40, and 65.
2. Violates the international obligations of the Republic of Tajikistan, particularly the International Covenant on Civil and Political Rights, the United Nations Convention Against Corruption, and the Universal Declaration of Human Rights.
3. Undermines democratic principles of governance, such as the rotation of power, the separation of powers, the rule of law, equality before the law, and freedom of speech.
4. Creates prerequisites for the usurpation of power and the establishment of an authoritarian regime, which contradicts the interests of the people and the principles of the constitutional order of the Republic of Tajikistan.
In light of the above, and in accordance with Article 89 of the Constitution, Part 2 of Article 1, Part 2 of Article 34, and Clause 6 of Article 40 of the Constitutional Law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan,”
I hereby request the Constitutional Court of the Republic of Tajikistan to:
1. Recognize the Constitutional Law of the Republic of Tajikistan “On the Founder of Peace and National Unity – Leader of the Nation” No. 1356 of November 14, 2016, as unconstitutional in full or in the part of its provisions that contradict the Constitution.
2. Annul all provisions of this Law that violate the Constitution and the international obligations of the Republic of Tajikistan.
3. Recommend that state authorities bring national legislation in line with the Constitution and international obligations and ensure compliance with democratic principles in governance.
Honorable Members of the Constitutional Court,
We firmly believe in the importance of strict adherence to the Constitution and international obligations to ensure the rights and freedoms of citizens, strengthen democratic institutions, and promote the sustainable development of our country.
We kindly ask you to carefully consider our petition and make a decision in the interest of the people and the state of the Republic of Tajikistan.
Respectfully,
Sharofiddin Gadoev
Chairman of the Movement “Reforms and Development of Tajikistan”
Date: _February 27, 2025
Attachments:
1. A copy of the Constitutional Law of the Republic of Tajikistan “On the Founder of Peace and National Unity – Leader of the Nation” No. 1356 of November 14, 2016.
2. Texts of the articles of the Constitution of the Republic of Tajikistan referenced in the petition.
3. Copies of the international treaties ratified by the Republic of Tajikistan cited in the petition (International Covenant on Civil and Political Rights, United Nations Convention Against Corruption, Universal Declaration of Human Rights).
