Tajikistan
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Features of Constitution1

Is there a constitution? Yes
Does the constitution provide for freedom of religion? No

Constitution2

Constitution Year 1994
Last Amended As of 5/11/2011, last amendment was in 2003
Source UNHCR Refworld
Translation Source is an English translation
Current as of 2002 (later amendment not included)

Constitution Excerpts (clauses that reference religion)2

Article 1

The Republic of Tajikistan is a sovereign, democratic, law-governed, secular, and unitary state. Tajikistan is a social state; its policy is aimed at providing relevant living conditions for everybody. The names Republic of Tajikistan and Tajikistan are of equal validity.


Article 8

In Tajikistan, public life is to develop on the basis of political and ideological diversity. No ideology, including religious ideology, is granted the status of state ideology. Social associations are established and will function within the framework of the constitution and laws. The state provides equal opportunities for their activities. Religious organizations are separate from the state and cannot interfere with state affairs. The establishment and functioning of social associations that encourage racism, nationalism, social and religious enmity, and hatred, as well as advocate the forcible overthrow of the constitutional structures and the formation of armed groups is prohibited.


Article 17

All are equal before the law and the courts. The state guarantees the rights and freedoms of every person regardless of nationality, race, sex, language, religious beliefs, political persuasion, social status, knowledge, and property. Men and women have the same rights.


Article 26

Every person has the right freely to determine their position toward religion, to profess any religion individually or together with others or not to profess any, and to take part in religious customs and ceremonies.


Article 28

Citizens have the right to associate. The citizen has the right to participate in the creation of political parties, including parties of democratic, religious and atheistic nature, trade unions, and other public associations, voluntary affiliate with them and quite [sic].


Article 40

Every person has the right freely to take part in the cultural life of society; artistic, scientific, and technical creation; and to use their achievements. The state protects cultural and spiritual riches. Intellectual property is protected by law.


Article 47

During a state of emergency the rights and freedoms stipulated in Article 16, 17, 18, 19, 20, 22, 25, and 28 of the constitution are not limited. The Supreme Assembly is not dispersed during the period of a state of emergency. The law determines the legal regime of a state of emergency.


Article 73

The composition of the government consists of the prime minister, his first deputy, deputies, ministers, and chairmen of state committees. The government ensures the successful leadership of economic, social, and spiritual spheres and the implementation of laws and decrees of the Supreme Assembly and orders and decrees of the president of Tajikistan. The members of the government cannot perform any other duties, be deputies of representative authorities, or engage in entrepreneurship.


Article 100

The form of public administration; the territorial integrity; and the democratic, law-governed, and secular nature of the state are irrevocable.

Sources

1.  Data under the "Features of Constitution" heading are drawn from coding of the U.S. State Department's 2008 International Religious Freedom Reports conducted by researchers at the Association of Religion Data Archives. The article by Brian Grim and Roger Finke describes the coding of the International Religious Freedom reports. A dataset with these and the other international measures highlighted on the country pages can be downloaded from this website. Used with permission.

2.  The constitutional excerpts shown above are reproduced from the websites given in the "Source" field; the links to these websites were active as of May 2011. Where the constitutional text shown on these websites was provided in a language other than English, this text was translated to English by ARDA staff with assistance from web-based translation utilities such as Google Translate and Yahoo! Babel Fish. Constitutional text was converted to American English where applicable. Constitutional clauses were judged to contain religious content based largely on the standards used in the construction of the Religion and State Constitutions Dataset collected by Jonathan Fox. Emphases were added to the text by ARDA staff to highlight religious content in articles that also contain content that does not pertain to matters of religion. The data on this page were correct to the best of the knowledge of the ARDA as of the date listed in the "Current as of" field shown above. Please contact us at arda@pop.psu.edu if you are aware of any incorrect information provided on this page.