Legal framework

Constitutional provisions

Citizens shall the right to unite, participate in establishment of political parties with democratic, religious, or secular character, trade unions and other associations; they have the right to join them by their own free will and leave them (Art. 28 of the Constitution adopted on November 6, 1994. Amendments to the Constitution were made by referendum of September, 26, 1999 and the Law of June, 22, 2003). Everyone has the right to practice or not to practice any religion individually or together with others (Art. 26 of the Constitution). Public associations and political parties shall be established and shall act in accordance with the Constitution and laws (Art. 8 of the Constitution in accordance with the Law of June, 22, 2003). Citizen has the right to apply to the authorities personally or together with the others (Art. 31 of the Constitution). The judicial power protects the rights and freedoms of a person and citizen, interests of organizations (Part 1, Art. 84 of the Constitution).

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Legal framework

Constitutional provisions

Citizens shall the right to unite, participate in establishment of political parties with democratic, religious, or secular character, trade unions and other associations; they have the right to join them by their own free will and leave them (Art. 28 of the Constitution adopted on November 6, 1994. Amendments to the Constitution were made by referendum of September, 26, 1999 and the Law of June, 22, 2003). Everyone has the right to practice or not to practice any religion individually or together with others (Art. 26 of the Constitution). Public associations and political parties shall be established and shall act in accordance with the Constitution and laws (Art. 8 of the Constitution in accordance with the Law of June, 22, 2003). Citizen has the right to apply to the authorities personally or together with the others (Art. 31 of the Constitution). The judicial power protects the rights and freedoms of a person and citizen, interests of organizations (Part 1, Art. 84 of the Constitution).

Primary legislation

The Civil Code of the Republic of Tajikistan. Part 1 (Adopted on June 30, 1999).

The Law of the RT “On Public Associations” (Adopted on May 23, 1998).

The Law of the RT “On Political Parties” (Adopted on November 13, 1998).

The Law of the RT “On Charitable Activity” (Adopted on April 22, 2003).

The Law of the RT “On Religion and Religious Organizations” (Adopted on December 1, 1994).

The Law of the RT “On State Registration of a Legal Entity” (Adopted on April 22, 2003).

The Law of the RT “On Protection of Consumer Rights” (Adopted on November 25, 2004).

The Law of the RT “On Social Partnership, Contracts and Collective Agreements” (Adopted on November 5, 1992).

The Law of the RT “On State Procurement of Goods, Works and Services” (Adopted on December 12, 1997)

Provisions of the Law “On Referendum of the Republic of Tajikistan” (Adopted on November 4, 1995) determine the status of public associations in connection with arrangement and carrying out of referendum.

Secondary legislation

No information available.

Possible restrictions and suspensions

Rights and freedoms of citizens can be restricted only to ensure rights and freedoms of others, public order, protection of constitutional structure and territorial integrity of the state (Part 3 of Art. 14 of the Constitution). In accordance with the Constitution, propaganda of war is prohibited (Part 2 of Art. 11 of the Constitution); instigation of social, racial, national, religious and language hostility and enmity is prohibited (Part 2 of Art. 30 of the Constitution). Establishment and functioning of public associations and political parties which propagandize racial, national, social and religious hostility or call to forcible overthrow of constitutional structure and formation of armed groups is forbidden (Art. 8 of the Constitution in accordance with the Law of June 22, 2003).

No ideology, including ideology of a party, public association, religious organization, movement or group, can be declared the state one. Religious organizations are separate from the state and can not interfere in the state affairs (Art. 8 of the Constitution in accordance with the Law of June 22, 2003). A Judge and Prosecutor can not take other posts, be members of political parties and associations (Articles 90 and 97 of the Constitution).

Public Associations, political parties, and officials are obliged to provide that every person has an opportunity to receive and be familiarized with the documents affecting his rights and interests, except cases prescribed by the law (Art. 25 of the Constitution). Any material or moral damage caused to individual as the result of illegal actions of public associations and political parties shall be reimbursed in accordance with the law (Part 2 of Art. 32 of the Constitution).

Analysis is provided by the OSCE ODIHR Expert Dmitry Kabak, with assistance of the Bureau for Human Rights and Rule of Law, Tajikistan, which provided the necessary legal acts.

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