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Local Government in Tajikistan LOCAL GOVERNMENTS IN EASTERN EUROPE, IN THE CAUCASUS AND CENTRAL ASIA Chapter 11 Local Government in Tajikistan by Mamadsho Ilolov & Mirodasen Khudoiyev Developing New Rules in the Old Environment DEVELOPING NEW RULES IN THE OLD ENVIRONMENT 602 LOCAL GOVERNMENTS IN EASTERN EUROPE, IN THE CAUCASUS AND IN CENTRAL ASIA LOCAL GOVERNMENT IN TAJIKISTAN Local Government in Tajikistan Contents 1. Major General Indicators ...........................................................................605 2. Legal and Constitutional Basis ...................................................................605 2.1 Brief History of Local Government Reform ......................................605 2.2 Legal Basis of Local Government ......................................................607 2.3 Territorial Structure, Levels of Self-government .................................608 2.4 Status of the Autonomous Region of Gorno-Badakhshan .................609 2.5 Status of the Capital City .................................................................610 2.6 Forms of Community Self-government ............................................610 3. Local Politics, Decision Making .................................................................613 3.1 Internal Structure of Local Government Decision Making ................613 3.2 System of Local Elections .................................................................614 3.3 Forms of Direct Democracy .............................................................617 3.4 Ethnic Issues, Multicultural Government.........................................617 4. Functional Structure of Local Government ................................................617 4.1 Local Councils .................................................................................617 4.2 Local Administration .......................................................................618 4.3 Structure and Operation of Local Administration .............................618 4.4 Control, Audit and Supervision of Local Governments .....................619 5. Public Service Provision ............................................................................620 5.1 Distribution of Functions ................................................................620 5.2 Methods of Service Delivery ............................................................622 6. Local Finance, Local Property ....................................................................624 6.1 Legal Basis of Local Finance .............................................................624 6.2 Local Budgets ..................................................................................625 6.3 Revenues .........................................................................................627 603 DEVELOPING NEW RULES IN THE OLD ENVIRONMENT 6.4 Local Taxes ......................................................................................629 6.5 Expenditures ...................................................................................631 6.6 Local Property .................................................................................633 7. Relationship between the State Administration and Local Governments.....634 8. Local Government Employees ...................................................................636 9. Legal Guarantees for Local Autonomy .......................................................637 10. Next Steps in the Transition Process ..........................................................639 Recent Publications on Local Government in Tajikistan ......................................640 Contacts for Further Information on Local Government in Tajikistan..................640 Glossary of Tajik Terms.......................................................................................641 Annex 11.1: Major General Indicators ................................................................642 Annex 11.2: Population, Settlements and Administrative Units ..........................643 Annex 11.3: Major Laws on Public Administration and Local Government ........646 Annex 11.4: Responsibilities of Administrative Tiers...........................................647 604 LOCAL GOVERNMENTS IN EASTERN EUROPE, IN THE CAUCASUS AND IN CENTRAL ASIA LOCAL GOVERNMENT IN TAJIKISTAN Local Government in Tajikistan Mamadsho Ilolov & Mirodasen Khudoiyev 1. Major General Indicators The Republic of Tajikistan is situated in southeastern Central Asia, bordering on the People’s Republic of China, the Islamic State of Afghanistan, Kyrgyzstan and Uzbekistan. The country declared its independence on 9 September 1991 and approved the Constitution of the Republic of Tajikistan in November 1994. According to the Constitution, Tajikistan is governed through a presidential system of power. The president of Tajikistan simultaneously acts as chairman of the government and appoints the prime minister as well as other members of government, who are consequently approved by Parliament. E. S. Rakhmonov is currently serving as president, after winning the national elections in both 1994 and 1999. Tajikistan consists of the Gorno-Badakhshan Autonomous Region (GBAR), the regions of Leninabad (recently renamed Sogdian) and Khatlon, the capital city of Dushanbe and thirteen districts (raions) directly subordinate to the central government. The largest political parties include the People’s Democratic Party of Tajikistan, the Communist Party of Tajikistan, the Islamic Party for the Rebirth of Tajikistan, the Socialist Party of Tajikistan and the Party of Justice (Adolatkhoh). Tajikistan is a mountainous country, with over half of its land area situated three thousand meters above sea level. Ethnic groups include Tajiks, Uzbeks, Russians and Kyrgyz. Major general indicators and an administrative map of Republic of Tajikistan may be found in annex 11.1 and annex 11.2. 2. Legal and Constitutional Basis 2.1 Brief History of Local Government Reform The Law on Local Self-government and Local Finance, passed on 23 February 1991 by the Supreme Soviet of the Tajik Soviet Socialist Republic, initiated the establishment of local self-government and the revision of the administrative-territorial structure according to principles of decentralization. The resulting organization of local government was thus based on Soviet legal traditions. Upon the declaration of independence and the adoption of the Constitution of the Republic of Tajikistan, it became necessary to institute a new legal framework. Accordingly, in December 1994, Parliament 605 DEVELOPING NEW RULES IN THE OLD ENVIRONMENT adopted the Constitutional Law on Local Public Administration and the Law on Self-government in Towns and Villages. Further changes and amendments were passed by national referendum and added to the Constitution in September 1999. Article 6 of the Constitution stipulates the functions of local government institutions and establishes norms for the division of power at the local government level. Major local council powers include approving local budgets and reviewing budget execution reports, determining the direction of social and economic development within the territory, setting local taxes and fees and managing communal property. The heads of the regional, city or district state administration (khukumat) simultaneously wield executive authority and act as local council chairmen. These heads are appointed and dismissed by the president and presented to their respective councils for approval. The current system of governance emerged only after a period of turmoil in Tajikistan’s recent political history. Immediately following independence, the country was drawn into civil war by the various factions vying for power. A major source of conflict was the disparity between the poorly developed regions in the south and those in the north, which had continued under the Soviet era. The invasion of neighboring Afghanistan in 1979 by the Soviet Army exacerbated the situation further, giving the opposing forces access to a vast supply of arms, often unregistered. Civil war continued in southern Tajikistan from 1992 until 1994, when the Tajik government and the United Tajik Opposition agreed upon a cease-fire. Negotiations, which took place under the auspices of the United Nations, were difficult and prolonged, stretching over a three-year period. Russia and Iran, among others, participated as guarantor countries. The General Agreement on Restoration of Peace and National Consent in Tajikistan was finally signed on 27 July 1997 in Moscow by the President of Tajikistan, E. S. Rakhmonov, and the leader of the United Tajik Opposition, S. A. Nuri. An annex to the agreement contained the Provision on a Commission for National Reconciliation to address the political, legal, military and civil issues arising from the conflict and to develop solutions. This commission guided the reintegration of opposition military units into the national army, the return of refugees to their homes and the incorporation of opposition representatives into the government of Tajikistan. In addition, the commission also drafted constitutional amendments, based on which the president later submitted a draft law to Parliament. These amendments were subsequently passed by a national referendum held on 27 September 1999. According to the Constitution, the Republic of Tajikistan possesses a bicameral Parliament, composed of a lower house, the Majlisi Namoyandagon (Assembly of Representatives), which acts on a permanent and professional basis, and an upper house, the Majlisi Milli
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