Tajikistan

Article 18.  

The inviolability of a person is guaranteed by the State. No one may be subjected to torture [and] cruel and inhuman treatment. 

Article 24 

A citizen has the right to free movement and choice of place of [his] residence, to leave the borders of the Republic, and to return to it. 

Article 33 

Family as the foundation of the society is under the protection of the State. 

Everyone has the right to form a family. Men and women who have reached the marital age have the right to freely enter into a marriage. In family relations and in dissolution of the marriage, spouses have equal rights. Polygamy is prohibited. 

Article 35 

Everyone has the right to work, to choose their profession [and] job, to protection of work, and to social security in unemployment. Wages for work must not be lower than the minimum working wage. 

Any limitations in labor relations are prohibited. Equal wages shall be paid for equal work. 

No one may be subjected to forced labor except in cases determined by law. 

Using the labor of women and minors in heavy and underground works as well as in harmful conditions is prohibited. 

Article 37 

Everyone has the right to rest. This right is ensured by way of establishing the length the working day and week, providing paid annual leave, weekly days of rest, and other conditions provided by law. 

CONSTITUTION OF THE REPUBLIC OF TAJIKISTAN 1994 (REV. 2003) (PDF)

Article 122. Forcible removal of human organs or tissues for transplantation  

1) Forced removal of organs or tissues for transplantation victim, committed with the use of violence or threats of its application to it or close it, or the threat of destruction of its property –  

shall be punished by imprisonment for a term up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years. (. ZRT 17.05 04g.N35)  

2) The same act committed:  

a) in respect of a person known to the perpetrator in a helpless state or financially or otherwise dependent on the perpetrator; 

b) knowingly against a minor;

c) in respect of two or more persons shall be punished with imprisonment from three years to five years, with disqualification to hold certain posts or engage in certain activities up to three years. 

3) The act provided the first part or the second part of this article, committed:  

a) a group of persons or a group of persons by prior conspiracy; 

b) by an organized group or criminal community (criminal organization),

shall be punished by imprisonment for a term of five to ten years with deprivation of the right to hold certain posts or engage in certain activities for five years. (ZRT 17.05. 04g.N35) 

Article 130-1. Trafficking  

1) Trafficking in human beings – carried out in the purpose of exploitation (exploitation of the prostitution of others or other forms of sexualexploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of the body and (or) tissues), the recruitment, transportation, transfer , harboring or receipt of persons by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or by the giving of payments or benefits received I consent of the person controlling the other person –  

shall be punished by imprisonment for a term of five to eight years with confiscation of property. (PFA 05.01.08 , №339)   

2) Deyaniya stipulated by part one of this article, if committed:  

a) repeatedly; 

b) a group of persons by prior conspiracy; 

c) in respect of two or more persons; 

g) using violence or threats of its application; 

d) to removal of organs or tissues for transplantation; 

e) official or representative of the authorities with their service provisions of any other person performing administrative functions in commercial or other organization; 

g) the movement of the victim across the state border of the Republic of Tajikistan, 

punishable by deprivation of liberty for a term of eight to twelve years with confiscation of property.  

3) Acts provided for by the first or second paragraph of this Article, if they:  

a) have resulted in the death of a victim of trafficking in minors or other serious crime; 

b) an organized group; 

c) committed by an especially dangerous recidivist, 

are punishable by imprisonment for a term of twelve to fifteen years with confiscation property. 

Note: A person who commits the act provided by part of the first and second of this article, voluntarily reported to the appropriate authorities, and released the victim of trafficking in minors, exempted from criminal liability if his actions do not contain elements of another crime. (PFA g.N33 01.08.2003) 

Article 130-2. Use of chattel slavery  

(1) Use of work of the person concerning which the powers inherent in the property right if the person for the reasons not depending on it cannot refuse performance of works (services) are performed, it is punished by imprisonment for the term up to five years.  

(2) Same act, perfect:  

а) concerning two or more persons;  

б) concerning disabled people;  

в) in the relation obviously for guilty the expectant mother or the minor person;  

г) the group of persons on preliminary collusion;  

д) the person with use of the official position;  

е) using blackmail, violence or with threat of its application;  

ж) with withdrawal, concealment or destruction of the documents confirming victim’s identity, 

– it is punished by imprisonment for the term from five till eight years.  

(3) The acts provided by parts of the first or second this Article, if they:  

а) are made by the organized group;  

б) entailed on imprudence death of the victim or other heavy consequences,  

are punished by imprisonment for the term from eight till twelve years. 

Article 132. Recruitment of People for Exploitation  

(1) Recruitment of people for sexual or other exploitation, committed by fraud, is punishable by a fine in the amount of 500 to 1000 times the minimum monthly wage, or limitation of freedom for up to 2 years, or imprisonment for the same period of time.  

(2) The same actions, committed:  

a) by a group of individuals in a conspiracy; 

b) knowingly towards a minor; 

c) repeatedly, 

– are punishable by a fine of 1000 to 5000 times the minimum monthly wage, limitation of freedom for up to 3 years, or by imprisonment for a period of 2 to 5 years.  

(3) The actions specified by Parts 1 and 2 of the present article, committed:  

a) by an organized group; 

b) with the purpose of exporting such individuals out of the Republic of Tajikistan; 

c) by an especially dangerous recidivist, 

are punishable by deprivation of freedom for a period of 5 to 12 years. 

Article 134. Coercion  

Coercion of a person to performance or non-performance of any action by threat of violence, destruction or damage of property, distribution of false and disgraceful information as well as by threat of infringement of this person’s rights and interests , if there are no signs of more serious crime, is punishable by a fine in the amount of 200 to 500 times the minimum monthly wage, or by a 2 year term of limitation of freedom, or imprisonment for the same period.  

Article 167. Trade of Minors  

(1) The actions intended to committing a sale or buying of a minor in any form is punishable by imprisonment for a period of 5 to 8 years.  

(2) The same actions, if committed:  

a) repeatedly; 

b) in relation to 2 or more minors; 

c) by a group of individuals in a conspiracy; 

d) using official position; 

e) along with illegal import or export of person; 

f) with the goal of involving a person in committing a crime or other antisocialbehavior; 

g) with the goal of taking organs and tissues of a person for the transplantation, 

are punishable by imprisonment for a period of 8 to 12 years simultaneously with up to 3 years of the deprivation of the right to hold certain positions or to be involved in a certain activity or without it. 

(3) The actions specified in paragraphs 1 and 2 of the present Article if: 

a) committed by an organized group; 

b) carelessly caused the death or other serious consequences, 

are punishable by imprisonment for a period of 10 to 15 years simultaneously with the deprivation of the right to hold certain position or to be involved in certain activity for the period of 2 to 5 years. 

Article 168. Giving in Marriage a Girl Who Has Not Reached Marriage Age  

Giving in marriage a girl who has not reached marriage age by parents or guardians, is punishable by correctional labor for up to 2 years or restriction of freedom for the same period, or confinement for up to 6 months. 

Article 169. Contracting a Marriage in Relation to a Person Who Has Not Reached Marriage Age  

Contracting a marriage in relation to a person who has not reached marriage age, is punishable by a fine in the amount of 1000 to 2000 times the minimum monthly wage or correctional labor for up to 2 years, or up to 6 months of confinement. 

Article 172 Illegal Adoption  

Unlawful actions of adopting children, giving them for ward (guardianship), for upbringing to the families of citizens, committed repeatedly or with mercenary or other vile motives are punishable by a fine of 500 to 800 times the minimum monthly wage or up to 2 years of correctional labor, or up to 6 months of confinement. Is punishable by deprivation of freedom for a period of 5 to 10 years. 

CRIMINAL CODE OF THE REPUBLIC OF TAJIKISTAN (ENGLISH)(PDF)

Article 8. Prohibition of forced labour  

Forced labour is prohibited. The following are not considered forced labour:  

1. work that is requiredon the basis ofmilitary legislation;  
2. work that is required in emergency situations, constitute a menace to life, personal security or population health; 
3. work that is required

LABOUR CODE OF THE REPUBLIC OF TAJIKISTAN (PDF)

Article 1. Principal concepts  

The following principal concepts are used throughout the present Law:  

a) Human trafficking – purchasing or selling of a person either with his/her consent or not, by fraud, recruiting, concealment, transfer, transportation, kidnapping, swindle, misuse of vulnerable status, bribery in order to obtain consent of a person in control of other person as well as other forms of coercion with the purpose of further trafficking, engaging in sexual or criminal activity, use in armed conflicts, pornographic business, forcedlabor, slavery or customs similar to slavery, debt bondage or adopting for commercial purposes.

e) Exploitation – forcedlabor or services, slavery or customs similar toslavery, dependent status, or removal of human organs and (or) tissues, exploitation of other persons as prostitutes as well as other forms of exploitation of person with a view of committing sexual abuse;  

f) Forcedlabor– conducting of any work or provision of services through coercion;  

g) Slavery – status or position of a person towards whom some or all warranties intrinsic to the propriety title are realized; 

h) Debt bondage – position or status originating from the mortgaging by the debtor his/her ownlaboror labor of a dependent if the value of the work performed is not credited towards debt repayment or if the duration of such work is not limited to some term, or if the nature of labor and the size of remuneration of labor is not identified; 

Article 5. Classification of types human trafficking depending on the form of exploitation  

1. Depending on the form of coercion of victims of human trafficking the exploitation may be as following: 

a) forcible physical coercion and (or) with the use of strong drug, alcohol, medicines; 

b) economical coercion in the form of debt bondage or other material dependence including slavery or conditionssimilar toslavery;  

c) psychological coercion by blackmailing, fraud, deceiving or threat of violation; 

d) legal dependence in connection with adoption or guardianship or in connection to marriage without the purpose of establishing a family. 

2. Depending on the activities of the victims of human trafficking the exploitation may be as following: 

a) exploitation of human physiological organs, namely for transplantation of organs and tissues as well as the use of woman as surrogate mother; 

b) exploitation oflaborin family life (domestic and communal services), manufacturing, agricultural work as well as criminal business (participation in armed units, manufacturing of illegal produce);  

c) sexual exploitation; 

d) exploitation of person for use in armed conflicts or military activities. 

3. Consent of victim of human traffickingin regard tothe forms of exploitation in attribution of the concrete activity to human trafficking should not be considered if any means of influence was used against this person aimed at human trafficking. 

Article 23. Liability of a natural person or a legal entity for human trafficking  

1. Natural persons who allowed violations of the requirement of the present Law are called to account in accordance with the legislation of the Republic of Tajikistan. 
2. In case the court determines the fact of human trafficking through a legal entity served as an indubitable cover for human trafficking such legal entity is subject to liquidation upon the decision of court. 
3. In case the court recognizes a legal entity (its representation, branch) registered outside the Republic of Tajikistan as indubitably involved in human trafficking, the activities of such legal entity in the Republic of Tajikistan is prohibited and its representation (branch) in the Republic of Tajikistan is liquidated. 
4. The property of the legal entity (its representation, branch) foreseen in the first and second clauses of the present article located in the Republic of Tajikistan is confiscated upon the decision of court and turns to state income. 
5. The application for calling a legal entity (its representation, branch) to account for participation in human trafficking is submitted to court by office of public prosecutor of the Republic of Tajikistan as well as other interested parties.