 | Tajikistan 1999
The 1999 amendments to the Tajikistan constitution were adopted after several years of peace talks between the government and its opposition. The UN SRSG for Tajikistan invited both parties to send delegations to each round of talks, which continued, on and off, for three years. The UN SRSG and his staff mediated these negotiations with participation from several neighboring countries, the OSCE and the Organization of Islamic Conferences. The rules of procedure (decision rules, membership, location, etc.) for amending the constitution were established as part of the peace deal that resulted from these talks.
The main responsibility for developing and adopting a constitution rested with a 26-member Commission on National Reconciliation, consisting of an equal number of members from each side in the civil war. The principal responsibility for preparing the initial language lay with the Legal sub-commission of the NRC, composed of an unknown number of members appointed by each side. The international community, in the form of the OSCE and UN, did not play a direct role in drafting the amendments, but they were available to help the process along when talks broke down. Under the peace agreement, the president had to agree to the amendments proposed by the CNR before they could be submitted to a referendum.
President Rakhmonov rejected the recommendations of the NRC initially, but finally agreed after a three-month impasse. The Tajik legislature, while not formally involved in the drafting process, had to approve a referendum on the proposed amendments with a 2/3-majority vote. This was a requirement of the Tajik constitution and effectively made the legislature a ratifying body. The amendments were ratified by referendum on September 26, 1999 with a 72% margin and a 92% turnout. The referendum rules required a simple majority of those voting with 50% turnout requirement for passage. The package of amendments approved legalized religious (Islamic) parties, created a bicameral parliament, extended the presidential term from 5 to 7 years and increased presidential powers to some degree.
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