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Tajikistan's May 22 referendum concerns 41 proposed amendments to the constitution. The two most important would eliminate the term limit for incumbent President Emomali Rahmon and lower the age of eligibility to become president.
Tajikistan's May 22 referendum concerns 41 proposed amendments to the constitution. The two most important would eliminate the term limit for incumbent President Emomali Rahmon and lower the age of eligibility to become president.

Tajikistan is conducting a referendum on amendments to the constitution on May 22. As is typical of Central Asian referendums, the May 22 poll is mainly about the executive branch of power. Almost every referendum in Central Asia has been about the executive branch of power and with one very notable exception, these referendums are usually about giving the executive branch more power.

Tajikistan's May 22 referendum concerns 41 proposed amendments to the constitution. The two most important would eliminate the term limit for incumbent President Emomali Rahmon and lower the age of eligibility to become president.

By my count, there have been 15 referendums in Central Asia, excluding the first referendum all five countries conducted in 1991 to approve sovereignty as the collapse of the Soviet Union.

Turkmenistan held the first referendum, in January 1994. The purpose was to approve a measure that extended President Saparmurat Niyazov's term in office until 2002. Niyazov won the 1992 presidential election. It would be the only election he ever ran in. In 1999 Niyazov was named leader for life and he stayed in office until he died in December 2006.

His successor, Gurbanguly Berdymukhammedov, is currently working on constitutional amendments that would strike the maximum age for being president (70 years old). There is no presidential term limit in Turkmenistan's constitution. It is unclear if the impending constitutional amendments will be put to a referendum or simply approved by the compliant government.

After Turkmenistan's referendum, Uzbekistan conducted a referendum in March 1995 that prolonged President Islam Karimov's term in office until 2000. Next up -- Kazakhstan, where President Nursultan Nazarbaev had dissolved parliament in March 1995. In late April 1995, Kazakhstan conducted a referendum to prolong Nazarbaev's term in office until the end of 2000 (though he called a snap election for early 1999). A subsequent referendum in Kazakhstan in August 1995 removed some of parliament's powers and gave more power to the presidency.

Kyrgyzstan conducted the first of its referendums in January 1994. The purpose was to bolster President Askar Akaev, who was facing fierce resistance from the country's parliament. The simple question people voted on was "Do you confirm that the president of Kyrgyzstan who was democratically elected on October 12, 1991, for five years is the president of the Kyrgyz Republic with the right to act as head of state during his term in office?"

A referendum in October that same year made the unicameral parliament into a bicameral body and transferred some of parliament's powers to the executive branch. Referendums in February 1996, October 1998, and February 2003 served to further strengthen the office of the presidency and in the process so changed the constitution that it was decided Akaev's first two terms in office under the "old" constitution did not count and he was free to run for two more terms.

Tajikistan took this same path. President Rahmon was selected at a very small event in northern Tajikistan in November 1992 to be speaker of parliament. The country was falling into civil war at the time and, after it had gone through several presidents in just a few months, the office of the presidency had been abolished. Speaker of parliament was therefore the highest post in Tajikistan.

Rahmon was elected president on November 6, 1994. There were two votes that day -- one the presidential election, the other to approve a new constitution that reinstated the office of president.

I've always wondered what would have happened if Rahmon won the election but the constitution was rejected and there was no office of president. Quite impossible of course, but it pointed to the orchestration of elections to come.

Tajikistan's next referendum was in September 1999 and it was probably the most important referendum Tajikistan ever held. That one approved the legalization of religious political parties. It was necessary because the peace deal that ended Tajikistan's 1992-97 civil war stipulated that members of the opposition, the bulk of whom were from the Islamic Renaissance Party of Tajikistan, would receive places in government.

That referendum also approved lengthening the presidential term in office from five to seven years and later, on that basis, President Rahmon did the same thing Kyrgyz President Akaev did -- declare that the first two presidential elections did not count as part of the two-term limit.

The last referendum in Tajikistan took place in June 2003 and changed a clause written into the constitution in 1999 that specified a one-term limit for the president, transforming that to a two-term limit. And on May 22 term limits for the "Leader of the Nation" (Rahmon) will be removed entirely. The minimum age of eligibility to be elected president will also drop from 35 to 30, which many interpret as a means for Rahmon to see his son Rustam Emomali, currently 29, become the next president.

Uzbekistan conducted one more referendum in 2002 to prolong Karimov's term and change the length of a presidential term from five years to seven, as well as introducing a bicameral parliament.

Karimov was, and technically still is, constitutionally bound to two terms in office. But when his second term expired in 2007 he simply ran again and Uzbek officials did not raise any objections. Uzbek officials remained quiet when Karimov was again reelected in 2015.

Kyrgyzstan's referendum in June 2010 is the sole exception to the trend established by these previous referendums. That referendum approved a new constitution that transformed Kyrgyzstan from a presidential system of government to a parliamentary system. It also reversed some of the changes made in Kyrgyzstan's referendum of October 2007, which had further concentrated power in the hands of then-President Kurmanbek Bakiev.

However, Tajikistan is taking the image of the Central Asian referendum back to its more traditional use on May 22.

If a new constitutional referendum in Tajikistan is approved, it could pave the way for President Emomali Rahmon (left) to pass on the reins of power to his son Rustam (right).
If a new constitutional referendum in Tajikistan is approved, it could pave the way for President Emomali Rahmon (left) to pass on the reins of power to his son Rustam (right).

Tajikistan is holding a national referendum on May 22 on changes to the constitution. There are 41 proposed amendments presented as a package. Voters can either vote "yes" or "no" to the package. It is not possible to vote on individual amendments.

Among the amendments, there are three significant changes. One would lift presidential term limits; another lowers the eligible age to run for president; and a third outlaws the creation of faith-based political parties.

It is hardly an unprecedented step in Central Asia, but the timing is interesting.

To take a closer look at what is at stake in the May 22 referendum, RFE/RL's Turkmen Service, known locally as Azatlyk, assembled a Majlis, one of our panel-discussion podcasts.

Moderating the panel was Azatlyk director Muhammad Tahir. Joining the discussion was Dr. Helene Thibault, professor at the Center for International Studies at Montreal University and author of many articles about Central Asia, and Tajikistan in particular. In the studio in Prague, Tohir Safarov of RFE/RL's Tajik Service, known locally as Ozodi, participated. And since Mr. Safarov does more TV than radio lately, I sat in to see if he still does radio -- and since I was there I tossed in a few remarks.

Safarov started by naming the most significant changes in the package of amendments. "The first would give [Tajik President Emomali] Rahmon a lifetime presidency." Safarov also listed lowering the eligibility age to become president from 35 to 30 and commented that this meant Rahmon's son Rustam Emomali could run for president in the next election. "A third amendment is about political parties. If this amendment will be approved, Tajikistan will ban religious parties," he said.

Emomali Rahmon was first elected president in November 1994.* He was elected again in 1999, but an amendment to the constitution changed the term length from five to seven years and Rahmon was able to be elected again in 2006 and 2013. There is a two-term limit for Tajik presidents, so under the current constitution Rahmon should step down in 2020.**

Lowering the age of eligibility to be president might be the most interesting of the proposed changes. It has led to much speculation that this opens the path for Rustam Emomali, aged 29, to become president in 2020. At the same time, few believe Rahmon will leave office in 2020.

'Leader Of The Nation'

The panel noted that, even if Rahmon stepped down, a law passed in late 2015 named the incumbent president "Leader of the Nation." Thibault pointed out, "It gives Rahmon the right to oversee the activities of the government even after he retires, and also gives him lifelong immunity from judicial and criminal prosecutions for him and his family."

So Rahmon, even in retirement, would effectively be leading the country no matter who is president.

The third major change is the banning of faith-based political parties. The other Central Asian states already have this prohibition. But in Tajikistan, part of the 1997 peace accord called for the 1992-97 civil-war opposition to receive places in government. That included the Islamic Renaissance Party of Tajikistan (IRPT). A referendum in 1999 legalized faith-based parties to accommodate the terms of the peace deal.

The IRPT's participation in government dwindled over the years, and in the March 2015 parliamentary elections the party lost its last seats in parliament and all its roles in government. A few months later the party lost its registration, then was banned, and shortly thereafter declared an extremist organization. Many of its leaders fled Tajikistan, some of those who stayed are now on trial facing serious charges.

That leaves very few genuine opposition figures in Tajikistan who can pursue their activities legally.

Part of the reason for the crackdown on the opposition is probably the deteriorating economic situation in Tajikistan. Tajikistan has been donor-dependent throughout its nearly 25-year history. A lack of employment opportunities has led more than 10 percent of the population to seek work elsewhere, usually in Russia. A ripple effect of Russia's recent economic woes is that the money Tajikistan's migrant laborers in Russia send home has been cut in half.

Thibault said that is probably a large part of the reason for conducting this referendum now. "I would say again that it's a consolidation of rule at a moment where there's an economic crisis."

Safarov said this referendum stands apart from earlier referendums in Tajikistan in that authorities are more active in getting the word out to the public. "There are a lot of reports, and every day you can see reports on Tajik TV about these amendments, and they are calling people to vote in the referendum. And there are a lot of demonstrations that are organized by local officials," Safarov said.

However, that does not mean voters understand all of what they are voting on.

Safarov recalled, "Recently our correspondent was in [the northern] Soghd region, there were about 10,000 young people gathering and supporting the constitutional amendments ,and he asked one of them, 'Why are you here?' and he said, 'We support the referendum, we are going to vote.'" Safarov said the Ozodi correspondent "asked, 'Do you know what amendments are there?' and he said, 'I don't know,' and he turned to ask his teacher and he [the teacher] said, 'I also don't know anything about the amendments.'"

Despite the lack of knowledge, the outcome is certain. "I have no doubt that it will be positive outcome in terms of approving the new constitutional amendments," Thibault said.

What comes afterward was among the topics discussed during the Majlis podcast. An audio recording of the discussion can be heard here:

Majlis Podcast: The Tajik Referendum
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*He was head of state since November 1992, but his official position was speaker of parliament

**As interpreted by Tajik authorities, the change of term length meant the two five-year terms Rahmon was elected to did not count under the amended constitution.

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About This Blog

Qishloq Ovozi is a blog by RFE/RL Central Asia specialist Bruce Pannier that aims to look at the events that are shaping Central Asia and its respective countries, connect the dots to shed light on why those processes are occurring, and identify the agents of change.​

The name means "Village Voice" in Uzbek. But don't be fooled, Qishloq Ovozi is about all of Central Asia.

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