Articles of the Criminal Code

2016

2017

First quarter of 2018

Article 130 (Abduction)

5

1

1

Article 130(1) (Human trafficking)

8

22

8

Article 130( 2) (Use of slave labour )

Article 131 (3) (para.3) (Illegal deprivation of liberty),

Article 132 (Recruitment for the purpose of exploitation)

14

13

Article 167 (Trafficking in minors)

7

11

3

Article 241(1) (Production and distribution of pornographic material or items with images of minors)

2

Article 241(2) (Use of minors for the production of pornographic materials or items)

Article 335(1) (Facilitating the illegal entry of foreign nationals or stateless persons into Tajikistan or illegal transit through the territory of the Republic of Tajikistan)

2

1

Article 335(2) (Facilitating illegal migration)

3

2

Article 339 (3) (Theft of or damage to documents, stamps or seals),

Article 340 (3) (Forgery, manufacture or sale of forged documents, State awards, stamps, seals or forms for the purpose of human trafficking),

Total

38

51

14

Offences detected under article 130 (Abduction) of the Criminal Code:

Regions

2016

2017

2018

Dushanbe

3

Centrally administered districts

1

Khatlon region

1

1

Sogdh region

1

Gorno-Badakhshan Autonomous Region

Total

5

1

1

Offences detected under article 130 (1) (Human trafficking) of the Criminal Code:

Regions

2016

2017

2018

Dushanbe

4

15

8

Centrally administered districts

1

Khatlon region

Sogdh region

3

7

Gorno-Badakhshan Autonomous Region

Total

8

22

8

Aged 50 and over

1

2

1

Men:

3

Offences detected under article 167 (Trafficking in minors):

Regions

2016

2017

2018

Dushanbe

3

Centrally administered districts

2

Khatlon region

3

5

3

Sogdh region

4

1

Gorno-Badakhshan Autonomous Region

Total

7

11

3

61.Tajikistan is not a country of destination. Usually the traffickers, on the basis of fraudulent schemes, offer good jobs abroad and take women and girls abroad by deceitful means for the purpose of various forms of exploitation. Women and girls are being trafficked mainly to the United Arab Emirates, the Russian Federation and Turkey.

62.To address this problem, as early as 2005, by Government decree, an interdepartmental commission to combat human trafficking was established under the Government. The commission’s tasks are to define the basic principles of government policy on combating human trafficking and to formulate recommendations with a view to increasing the effectiveness of the work of the agencies involved in combating this crime. It also reviews the level of criminality in respect of this type of offences, coordinates the activities of the regional commissions, participates in the formulation of the international agreements of the Republic of Tajikistan in the area of combating human trafficking and performs other functions in line with its statute.

Similar commissions have been set up in all the administrative regions of Tajikistan.

63.To this end, a law on combating human trafficking and providing assistance to victims was adopted in 2014. An additional action plan on human trafficking, aimed at providing assistance to victims of human trafficking, is being implemented.

64.In 2015–2016, in cooperation with IOM, draft laws to introduce amendments and additions to a number of legislative instruments were prepared, as well as drafts of a number of sectoral regulations for the implementation of the law on combating human trafficking and providing assistance to victims. These regulations supplement the law and also establish a list of offences involving human trafficking.

A new national plan to combat human trafficking for the period 2016–2018 was approved by Government decision on 27 July 2016. Under this plan:

•Guidelines for the establishment of support centres for victims of human trafficking were developed and approved;

•Model regulations for the centres for support and assistance to victims of human trafficking were adopted.

Also on 27 July 2016, a procedure for the implementation of a set of measures within the framework of the referral mechanism for victims of human trafficking was approved.

65.On 1 September 2016, with the support of the Embassy of the United States of America in Tajikistan, a centre for combating human trafficking was opened under the division to combat organized crime of the Ministry of Internal Affairs. The purpose of the establishment of the Centre is to improve coordination among entities combating human trafficking and formulate agreed measures in this regard.

Through this centre, the Ministry of Internal Affairs will strengthen its capacity by optimizing the joint efforts of the various structures and enhance the effectiveness of work with victims by building and strengthening its capacity to carry out activities in this area on the basis of universally recognized international standards.

66.In line with domestic legislation and international legal instruments, victims of human trafficking are accorded special attention and receive comprehensive psychological and other assistance with their return to normal life.

In accordance with a memorandum on cooperation between the Ministry of Internal Affairs and IOM, all victims of human trafficking who have been located by law enforcement agencies and who wish to receive assistance are sent to crisis centres at the IOM mission in Tajikistan.

Victims of human trafficking are provided with assistance and may choose to cooperate with law enforcement agencies in the prosecution of the offenders, in which case they receive legal aid in the form of a lawyer’s services during the preliminary investigation and trial.

In 2013, five victims returned from the United Arab Emirates, in 2014, eight victims returned to Tajikistan, in 2015, 13 victims returned to Tajikistan, in 2016, five victims, in 2017, six victims (five victims from the United Arab Emirates, one victim from the city of Istanbul). Over the first two months of 2018, two victims returned to Tajikistan from the United Arab Emirates.

67.Women victims of human trafficking, if they wish, are able to take special training courses in various areas of specialization through referral to adult education centres attached to the employment agencies.

Child victims of human trafficking have to be enabled to continue their education and are given assistance for further studies in secondary specialized and higher education institutions.

68.With financial assistance from international human rights organizations, including the IOM office in Tajikistan and the branch of the American Bar Association in Tajikistan, seminars on combating human trafficking have been held, with the participation of staff from the public prosecutor’s office, the Ministry of Health and Social Welfare, the Ministry of Education and Science, the Ministry of Internal Affairs and staff from consulates and diplomatic missions in other countries, as well as lawyers and judges. All these events were intended to improve the level of knowledge and professional skills of staff in the public prosecutor’s office and internal affairs bodies, lawyers, consuls and staff working in the health care and education systems.

69.In accordance with the national plan of action on the implementation of Security Council resolutions 1325 (2000) and 2122 (2013), in order to align the provisions of the laws and regulations of Tajikistan and provide for the safeguards set out in the 1951 Convention relating to the Status of Refugees, the Ministry of Internal Affairs has formulated a draft law providing for exemption from the penalty in article 499, part 3 of the Code of Administrative Offences: deportation from the Republic of Tajikistan.

Please refer to the replies under paragraphs 9–10.

Participation in political and public life

Paragraph 13

70.At present, Parliament is considering the question of establishing an alliance of women politicians, which would involve the participation of women politicians, representatives of ministries and departments, and also women activists, who would work on issues of gender policy. The main objective of the alliance would be the implementation and systematic monitoring of one of the most significant areas of the Beijing Declaration and Platform for Action and the Sustainable Development Goals.

Education

Paragraphs 14–15

71.In the 2017–2018 academic year, 1,906,304 students are enrolled in general education institutions, including 914,498 girls, representing 47.97 per cent of the total number of students. Compared with the 2015–2016 academic year, the number of students in general education institutions in Tajikistan increased by 121,937, and the number of girls by 63,315 students (51.9 per cent).

72.Under the laws of Tajikistan, basic general education is compulsory. Broad measures are taken to enable all children to continue their studies at the third level of general education, in grades 10 and 11. In the 2016–2017 academic year, 154,248 students completed grade 9 (including 73,340 girls). A total of 124,671 students (including 58,263 girls), representing 79.4 per cent of the total number of girls who have completed grade 9, continued their studies at the third level. Many students continued their education in elementary and secondary vocational training institutions and short-term vocational courses.

In 2017, after completing general secondary education, 20,750 girls (out of a total of 49,470) continued their studies in higher education institutions, and 16,246 girls (out of a total of 25,434), in secondary vocational training institutions.

Every year, graduates from remote areas of Tajikistan enter higher education institutions under the Presidential quota. In 2017, 1,227 graduates (of whom 629, or 51.3 per cent, were girls) enrolled in higher education institutions.

The majority of girls entering vocational training institutions prefer occupations such as languages, banking, medicine, economics, law, applied mathematics, physics, chemistry, and teaching.

73.According to the reports for 2018, only 87 students (including 55 girls) are not enrolled in the education institutions of Tajikistan, for various reasons.

74.Currently, in 3,870 general education institutions, there are 120,635 teachers, 68,867 of whom are women (57.1 per cent) or 10,318 more (for women, 7,002 more) than in the 2015–2016 school year.

75.In the 2017–2018 academic year, 11,410 staff in general education institutions hold managerial positions (director, deputy director), 3,754 of whom are women, representing 32.9 per cent of the total. Compared with the 2015–2016 academic year, the number of women managers in general education institutions has increased by 99.

76.Women play an important role in the scientific life of Tajikistan. Of the 727 people holding doctorates in science, 93 are women: one in technology, 30 in medicine, 11 in economics, 2 in physics and mathematics, 4 in chemistry, and so forth. Of the 3,092 doctoral candidates, 698 are women: 17 in technology, 125 in economics, 53 in medicine, 35 in physics and mathematics, 57 in chemistry, and so forth.

77.Under the curriculum in all State elementary vocational training institutions and the adult education centre of Tajikistan, a State institution, special lessons and weekly educational sessions are conducted, covering issues of gender equality, domestic violence, discrimination against women, suicide among girls and women, prostitution and its consequences, human trafficking and prevention of HIV/AIDS.

The issue of prevention of discrimination against women is included in the curricula for managers, instructors and supervisors of practical training in vocational technical high schools and the Centre for refresher training and retraining of workers in the areas of labour, migration and employment, a State institution.

78.Certain categories of applicants (students who have completed secondary school with a gold medal, orphans, children with disabilities) are accorded special privileges on entry into education institutions in Tajikistan.

For girls, entry into secondary vocational training institutions (college) after grade 11 is subject to the same requirements applicable to boys; when their candidacies are considered, the same rules and conditions are taken into account for admission to the education institution. The only difference is that there are additional tests to assess physical fitness. The standards for girls are slightly modified.

After completing college, students can continue their education in a higher education institution. Graduates are accepted at the tertiary level in their area of specialization on the basis of entrance tests and competitive selection.

For those students who wish to gain specialized qualifications quickly and start work, there are short-term courses in narrow fields, such as courses for waiters, confectioners, cooks, tailors, programmers and so on, leading to a certificate of completion.

Currently, the enrolment of girls in secondary vocational training institutions represents 58 per cent of the total number of students.

The Ministry of Labour, Migration and Employment, together with the Asian Development Bank, is implementing a project on strengthening vocational and technical education and training which includes an important component on gender equality — overcoming obstacles. The project includes activities aimed at enhancing the involvement of more than 2,230 girls in vocational and technical training and education.

79.In Tajikistan, significant attention is being devoted to the study of the exact sciences, especially mathematics and natural science, and information and communications technologies. To that end, open days are held every year at education institutions for graduates of general education schools of Tajikistan. Outreach activities and meetings are also held for graduates of general education schools in the districts and towns of Tajikistan, during which information is provided about the higher education institution, the learning environment, the academic staff, available areas of study and specialization, and so forth. Particular attention is paid to the training of girls, especially their access to higher vocational training.

Since 1997, selection has been made in higher education institutions on the basis of interviews under the Presidential quota for gifted youth, as well as for girls from mountainous and remote areas of the country, who account for 59 per cent of the total number selected.

Over the past five years, 7,657 applicants, including 3,933 girls, were accepted under the Presidential quota for higher vocational training institutions in various subjects and specialized fields, including technology, engineering, mathematics and computer science, natural science and technological studies. Since 2012, the number of girls accepted under the Presidential quota for various areas of specialization increased from 607 to 629 in 2017. This can be illustrated as follows:

Year

2012

2013

2014

2015

2016

2017

Total

Total

1,185

1,220

1,291

1,313

1,421

1,227

7,657

Of which, girls

607

628

679

679

711

629

3,933

The statistics on admission to the higher education institutions of Tajikistan show a clear trend of growth in the admission of girls to higher vocational training institutions. The introduction in 2014 of a centralized entrance examination for admission to secondary and higher vocational training institutions contributed to this trend. Entrance examinations have also become more accessible for girls.

For example, while in the 2012–2013 academic year, there were 38,738 school graduates entering higher education institutions, including 10,547 girls, the number entering higher vocational training institutions in the 2015–2016 academic year totalled 38,710, including 12,751 girls. In the 2017–2018 academic year, the figure was 49,470 school graduates, including 17,476 girls.

In the higher education institutions of Tajikistan, girls account for 35.3 per cent of the total number of students.

Employment

Paragraphs 16–17

80.Under article 140, part 2 of the Labour Code, wage discrimination is prohibited. The employer is obliged to pay workers the same wages for work of equal value. Changes to wage conditions which are detrimental to workers are not permitted. The State inspection service for labour, migration and employment conducts scheduled and unscheduled inspections of the payment of wages to employees of organizations and institutions.

No complaints have been received from individuals about wage discrimination, and no such cases have been detected by the staff of the State inspection service in the course of carrying out inspections.

81.Individual chapters of the Labour Code, adopted in 2016, set out regulations for the labour of domestic workers (chapter 21) and people working from home (chapter 22) Domestic workers are considered to be workers performing work (services) in the household for employers who are physical persons. The decision to hire or terminate the employment of domestic workers and information about their work are not entered in the work record by the employer. The employment of domestic workers is based on an employment contract, which also establishes the amount of compensation and its modalities.

Articles 248–251 of the Labour Code establish the regime of working and rest times for domestic workers, imposition and withdrawal of disciplinary penalties, settlement of individual labour disputes, and termination of an employment contract with a domestic worker.

Article 252 of the Labour Code defines the concept of working from home and provides for the conclusion of an employment contract. This type of work can be carried out if it is not harmful to the health of the worker and if security and safety requirements are met. The Labour Code establishes a number of conditions, which must be reflected in the employment contract, including on the use of equipment, raw materials, and so forth, belonging to either the worker or the employer, and the procedure and time limits for providing them to the worker, the dispatch of finished products, and compensation and other payments to such workers. The regime for working and rest times, and security and safety requirements for people working from home, are defined in the employment contract.

82.Article 216 of the Labour Code prohibits the employment of women in heavy work. On 4 April 2017, by Government decree, a list of occupations was approved for which the employment of women is prohibited, as well as the maximum permissible loads for women who lift and move heavy objects by hand, so that the issue has been regulated at the legal level. The establishment by the State of certain restrictions on the employment of women is aimed at protecting the health of women from occupational hazards, and does not amount to discrimination in employment on the basis of gender.

The inclusion of amendments in article 216 of the Labour Code is currently considered premature.

Health

Paragraphs 18–19

83.In the context of the implementation of the plan of action on the sexual and reproductive health of mothers, newborns, children and adolescents for the period 2016–2020, and the national health strategy for the period 2010–2020, approved by a Government decision of 2 August 2010, and also in the context of global (Sustainable Development Goals — 2030, Global Strategy for Women’s, Children’s and Adolescents’ Health — up to 2030) and national (National Development Strategy — 2030) strategies, and in order to achieve progress and ensure the sustainability of reproductive health and family planning programmes, the Ministry of Health and Social Welfare is undertaking a reform of the healthcare system. One of the strategic areas of reform is protection of the health of women, children, adolescents and young people.

Tajikistan has taken some steps in this regard for the sustainable development of the service for reproductive health and the health of mothers, children, adolescents and youth. Today, the mother and child service has been reorganized in line with evidence-based medicine and international standards, new cost-effective programmes are being introduced, national standards and protocols have been developed and are being implemented to ensure quality of care, and measures are being taken to integrate reproductive health services with primary health care and hygiene. For the first time, in the health care budget, resources have been allocated for the procurement of reproductive health items and contraceptives. As a result of this integrated approach, maternal mortality is decreasing (46.5 per 100,000 live births in 2008, and 28.3, in 2015), as well as infant mortality, and women have access to family planning services, which has helped reduce the undesirable number of abortions and increase the interval between births.

Recognizing the need to further improve family planning programmes and responding to the needs of the population, the Ministry of Health and Social Welfare, in collaboration with key partners, including UNFPA and the United States Agency for International Development (USAID), as well as other ministries such as the Ministry of Education and Science and the Ministry of Finance, has developed a plan for the implementation of the family planning programme.

The national action plan for family planning represents a comprehensive approach to the protection of reproductive health and family planning and includes the strategic goals and objectives of State policy in this area.

84.Standard operating procedures (SOPs) have been developed to provide a clear and detailed description of routine actions by healthcare providers who may render assistance/services to victims/survivors of gender-based violence. The SOPs set out clear procedures for stage-by-stage daily care, functions and responsibilities which must be followed by the staff of any healthcare facility. These may be medical facilities at the primary, secondary and tertiary levels.

85.One form of gender-based violence is sexual violence, which is on the rise. In order to organize and provide medical assistance to survivors of sexual violence, a working group of the Ministry of Health and Social Welfare developed a clinical protocol for the organization and provision of medical assistance to victims of sexual violence, which is intended for healthcare supervisors, all medical workers who provide outpatient and polyclinic care (specially trained nurses and midwives, family doctors, family nurses, obstetricians and gynaecologists), as well as health workers who provide emergency, outpatient medical, specialized and advanced care at all levels, in accordance with their functions and capabilities. The protocol provides the doctor-practitioner with up-to-date recommendations on consultations, diagnosis, provision of the necessary medical assistance and psycho-emotional support, and alleviation of the consequences of sexual violence.

86.At the present time, medical services for women of child-bearing age throughout the country are provided by 5,217 midwives and 1,749 obstetrician-gynaecologists, including 2,311 midwives and 304 obstetrician-gynaecologists in rural and remote areas of the country.

87.In accordance with State guarantees under the law, children infected with HIV who are under the age of 16 are provided with a monthly social benefit (in cash). Children born to HIV-positive mothers are provided with free artificial nutrition (dry milk formula and so forth) until they reach the age of 18 months, in order to prevent the transmission of the infection from the mother.

88.The practical implementation of measures to combat the HIV epidemic is being organized under the national programme to combat the HIV epidemic in the Republic of Tajikistan for the period 2017–2020 (approved by a Government decision of 25 February 2017). In line with one of the main strategic areas (No. 1) of the 2017–2020 programme entitled “Prevention of HIV”, measures are being taken to ensure quality HIV prevention services for key and vulnerable groups of the population, such as young people (including girls) and pregnant women.

All educational and other activities on issues related to HIV prevention are conducted in Tajikistan in different venues, including State institutions, public associations and education institutions, within the framework of the implementation of the programme for the period 2017–2020; the special issues addressed include combating stigma and discrimination associated with HIV.

Mass events and other activities, which include issues related to combating stigma and discrimination, are held annually in all regions of Tajikistan on such dates as Zero Discrimination Day, the World Remembrance Day of AIDS Victims and World AIDS Day, in March, May and December respectively.

HIV prevention among pregnant women under the programme for the period 2017–2020 includes measures to prevent the transmission of HIV from mother to child (programme for the prevention of mother-to-child transmission). Since 2011, there has been universal screening for HIV infection among pregnant women using the “opt out” strategy (HIV testing offered and carried out for all pregnant women). Every year, more than 90 per cent of pregnant women are tested for HIV.

In 2017, in the context of the measures carried out on the basis of the programme for the prevention of mother-to-child transmission of HIV for the period 2017–2020 and the report of Tajikistan as part of global monitoring of the AIDS epidemic, 139 HIV-positive pregnant women were registered with the reproductive health centres and kept under observation by specialists, and gave birth during that year.

Of the 139 HIV-positive pregnant women, 57 of them had an HIV infection diagnosed during the current pregnancy (in 2017), and 82 women had been diagnosed with HIV earlier (in previous years). Of these women, 137 (98.6 per cent) received (are receiving) antiretroviral therapy for life. A total of 96 infants born to HIV-positive mothers in 2017 were tested for HIV for up to two months after birth, and in all cases the result was negative.

According to the preliminary results of the mother-to-child transmission programme implemented in Tajikistan, the risk of mother-to-child HIV transmission among HIV-positive pregnant women who are kept under observation by specialists at reproductive health centres and are receiving antiretroviral therapy for life is now in practice less than 1 per cent.

Rural women

Paragraph 20

89.According to the Pensions Act of Tajikistan, of 25 June 1993, women working as tractor drivers, drivers of construction and road vehicles and loading and unloading equipment carried on tractors and excavators, upon reaching 50 years of age, and with a total of at least 15 years’ service; women working in dairies (operators of milking machines), upon reaching 50 years of age and with at least 20 years’ service, provided that the service norms have been met; women working for the full season of cotton cultivation and harvesting or tobacco cultivation, harvesting and post-harvest processing, upon reaching 50 years of age and with at least 20 years’ service; doctors and other medical personnel directly involved in treatment and prevention among the population after having worked in their area of specialization for at least 25 years in rural areas and villages and at least 30 years in towns; are entitled to pensions on preferential terms — men at 55 years of age and women at 50 years of age.

90.In order to ensure access to justice for the rural population, including women, mobile court sessions have been held by the courts, 10,438 in 2014; 11,558 in 2015; 12,976 in 2016; and 15,188 in 2017. Meetings and discussions on various legal topics have also been organized: 8,151 in 2014; 9,953 in 2015; 7,137 in 2016 and 9,090 in 2017. Furthermore, television and radio broadcasts have been organized, with the participation of judges: 1,863 in 2014; 1,845 in 2015; 1,586 in 2016 and 2,196 in 2017.

91.In accordance with the national plan and the plan of action of the State programme for the prevention of domestic violence in the Republic of Tajikistan for the period 2011–2023, in which individual chapters and a series of measures are devoted to overcoming stereotypes and patriarchal attitudes towards women, broad outreach is being conducted among the population. At the local level, State bodies carry out awareness-raising and information campaigns among the population, with the involvement of public organizations, chairs of mahallah councils, women activists and religious leaders, on the responsibilities of men in the family, equality of rights between men and women, and the responsibilities of parents in the upbringing of children.

92.An important indicator of effective gender policy is the level of women’s access to economic and financial resources. Gender equality issues have been incorporated as a cross-cutting theme in the national development strategy of the Republic of Tajikistan for the period up to 2030, as well as the principles of equal rights of men and women in access to land at the level of legislation and policy.

93.In order to reduce female unemployment, the State programme for the training of women specialists and promotion of their employment for the period 2012–2015 includes measures designed to stimulate the employment of women. One of the effective policy directions in respect of women’s employment is support for women’s initiatives in self-employment and entrepreneurship through the granting of microcredit, which is an effective instrument of the poverty reduction strategy.

94.At the beginning of 2018, the number of pensioners registered with the Social Insurance and Pensions Agency was 665,078, including 276,147 women living in rural areas.

In accordance with the law on contributory and State pensions, all persons, regardless of gender, who are insured under the compulsory pension insurance system, are entitled to receive a pension.

There is no separate law on social security for women, since women have the same rights as men.

A State pension is granted to provide social and material support to citizens who are not entitled to receive a pension under the insurance system.

95.Every two years, the Statistics Agency produces a statistical compendium entitled “Women and men”. The compendium provides information on the situation of women and men in all sectors of the economy and the social sphere compared with previous years. The latest edition of the compendium was issued in 2016.

96.From 8 August to 11 November 2017, the Statistics Agency conducted the 2017 Tajikistan demographic and health survey. The survey was conducted with the financial support of the United States Agency for International Development (USAID) Additional funding for the survey was provided by UNFPA and the United Nations Children’s Fund (UNICEF) in Tajikistan. The main objective of the survey is to provide updated data on key health and demographic indicators of fertility, the use of contraception, maternal and child health and nutrition, child mortality, incidence of domestic violence against women, children’s upbringing, awareness and behaviour in respect of HIV/AIDS and other sexually transmitted infections, as well as other issues linked to smoking and high blood pressure.

The main survey respondents were women of reproductive age, 15 to 49 years of age.

Every year a statistical compendium entitled “Gender indicators on dehkan farms” is issued; it provides information on the situation of women and men in agriculture, especially on dehkan farms, compared with previous years. The latest edition of the compendium was issued in 2016.

97.Gender indicators on the production activities of dehkan farms are among the basic indicators that reflect the core principles of equality between men and women and equal opportunities for men and women in the agricultural sector. The Statistics Agency revised six statistical forms for agricultural statistics pursuant to protocol decision No. 2 of the meeting of the Coordination Council on the United Nations Development Fund for Women (UNIFEM) project on land reform and women’s rights to land and other economic resources (para. 4) concerning gender indicators for agriculture reports on the progress of land reform, as well as the role and situation of rural women in agriculture.

As of 1 January 2017 there were 145,107 working farms. In 2016 there were 31,041 dehkan farms headed by women, or 21.4 per cent of the total number of dehkan farms. The number of dehkan farms is increasing every year. Since 2011, the number has increased by a factor of 2.5.

In the context of the reforms carried out, the Government has established a solid legal framework for enhancing the status of women in society and ensuring equal rights and opportunities both for men and for women, which has had a significant impact on strengthening women’s rights and their access to means of production, especially land. As a result of the reforms carried out, in the agricultural sector many dehkan farms have been transformed into smaller individual and family dehkan farms. This process has therefore contributed to raising the level of women’s entrepreneurship and, in particular, to an increase in the number of dehkan farms managed by women.

Of the 8.7 million people in Tajikistan (before 1 January 2017 — 8,742,800 people) half (49.3 per cent) are women, and every year the number of women increases. In 2010, the total number of women in managerial positions in enterprises and organizations was 9,469. In 2016, this figure rose to 17,556, an increase by a factor of 1.9. The indicators for the past six years have increased in dehkan farms and entrepreneurial activities as shown by the number of patents or permits. In 2010–2016, the number of heads of dehkan farms compared with 2010 increased by a factor of 5.7 (5,450 in 2010 and 31,041 in 2016).

98.In 2017 the Statistics Agency issued an analytical report entitled “Employment situation in the labour market of the Republic of Tajikistan”, prepared on the basis of the findings of the workforce survey conducted from 20 July to 20 August 2016. The survey was carried out with financial support from the World Bank under the Statistics Agency project “National strategy for the development of statistics of the Republic of Tajikistan” and is the third workforce survey conducted by the statistical bodies. The main purpose of the survey was to obtain statistics in order to evaluate:

•The number of persons who are working, including the size of the workforce and the number of persons outside the workforce;

•Determination of the total number of unemployed persons and assessment of the level of total unemployment in Tajikistan;

•Determination of the amount of employment in the informal sector and assessment of total informal employment;

•Measurement of external labour migration and identification of destinations;

•Measurement of internal circular migration;

•Measurement of the employment of children and adolescents aged 12 to 17 years;

•Measurement of unpaid work of trainees or persons undergoing vocational and technical training;

•Identification of work by volunteers;

•Measurement of work to produce goods and services for personal use;

•Characteristics of the labour market from a gender perspective.

In the 2016 survey, special attention was devoted to the information needed for determining gender aspects of labour and employment, and also unemployment among women.

99.The female population of working age (15–75 years) represents more than half the population of Tajikistan. The workforce participation rate of women is 32.6 per cent. The size of this indicator suggests that women may be more disadvantaged than men in terms of use of their potential for the workforce. The employment rate is also significantly higher among men than among women (59.5 per cent and 40.5 per cent respectively). However, according to the data in the 2016 survey showing the level of unemployment and other aspects of underutilization of the labour force, women were in a much better situation than men. At the same time, in absolute terms, the number of women outside the workforce was significantly higher than that of men — 1,806,249 women compared to 1,125,857 men. With regard to the occupational structure of employment, there was a marked gender segregation. Women were concentrated in a narrow range of occupations, and this was confirmed by the occupational segregation index, which was 0.62 per cent in favour of men.

Disadvantaged groups of women

Paragraph 21

100.In recent years, the Government has paid special attention to migrants’ families, abandoned wives of migrant workers and female-headed households. As far back as 2009, a study was carried out entitled “Abandoned wives of Tajik migrant workers”. According to estimates by UN-Women, the average age of women left behind by migrant husbands ranges from 24 to 60 years. Abandoned wives live primarily in rural localities.

The major challenges facing abandoned families include the following: lack of money for daily healthy nutrition of family members, lack of employment, land, and home ownership, issues related to children (school and higher education, employment, marriage), lack of access to legal aid, legal services, etc. At the same time, women believe that with their level of education and work experience, they are unable to run small businesses, are afraid to take loans from banks and fear that they would not be able to use such loans in an informed manner.

Taking into account the current situation, the relevant State structures, together with international organizations and non-governmental organizations, are working in close cooperation in this regard. In particular, the Ministry of Labour, Migration and Employment, together with the Save the Children organization, has implemented a project on reducing the adverse economic and social consequences of labour migration by improving the protection of migrants’ families and children who remain in Tajikistan. As a result of the research on this project, the social problems of 270 families of migrant workers were resolved, 872 citizens were given legal advice, 19 children were placed in boarding schools, 178 families consisting of women and children were referred to appropriate structures for the provision of free psychological assistance, 127 children from vulnerable families of migrant workers were admitted to remedial education centres free of charge, and 143 children were given an exemption from all school fees and other additional costs.

In addition, an IOM project on the empowerment of migrant workers’ families left behind in Tajikistan was conducted jointly with UN-Women for inhabitants of the Rasht and Kulyab region.

101.Counselling and training centres for migrant workers are in operation in all regions of Tajikistan, and are providing a range of free services to migrant workers. In addition, departments have been established within the migration service for reception and counselling of migrant workers and a telephone hotline is in operation.

102.In recent years, measures have been taken for the reintegration of migrant workers who have returned home. Under a programme for employment of migrant workers returning home which has been approved, in 2016 alone, 7,762 migrant workers were placed in employment within Tajikistan.

103.The draft law on labour migration, which is currently being prepared, includes separate provisions on the mechanism for identifying children left behind by migrant workers and ensuring their rights to social support, education and healthcare.

104.In the context of cooperation with the UNICEF office in Tajikistan, beginning in June 2018, a project on protecting children affected by migration will be implemented in six towns and districts of Tajikistan for a period of three years. The project is funded by the European Union and aims to protect the rights of children suffering the adverse effects of migration and assist their families living in difficult conditions. For the purpose of implementation of the project, a coordination committee has been established composed of representatives of the relevant ministries and departments, as well as international organizations.

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105.On 26 July 2000, with a view to protecting security and public order in populated areas and maintaining the secrecy of strategically important sites, in accordance with the Refugees Act, the Government adopted a decision on the establishment of a list of populated areas of the Republic of Tajikistan in which the temporary residence of asylum-seekers and refugees is not permitted. Asylum-seekers and refugees who settle in the territory of Tajikistan must respect the list. Local authorities and self-governing bodies of populated areas that were not included in this list are making great efforts to ensure that asylum-seekers and refugees settle in places where there is sufficient infrastructure. At the same time, asylum-seekers and refugees are able to receive education and to work, to be employed, and to engage in entrepreneurial activities in other populated areas. In view of the risk of terrorist and extremist crimes, the spread of infectious diseases and other threats, refugees are not permitted to live in certain towns and districts, as most of the refugees arrive in Tajikistan from Afghanistan, where the situation remains unstable. In order to improve work with asylum-seekers and refugees, the Government adopted a decision of 2 August 2004 which excluded a number of districts from the list of populated areas.

Refugees, including women and children, are guaranteed access to medical care, job placement, employment and entrepreneurial activity and the enjoyment of other rights, including the right to receive primary and secondary education. Local authorities do everything possible to place refugees in areas with adequate infrastructure.

Marriage and family relations

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106.In accordance with article 33 of the Constitution, everyone has the right to found a family, and men and women of marriageable age have the right to enter freely into marriage. Only marriages concluded in state civil registration bodies are recognized. A marriage concluded in a religious ceremony does not have legal force. Marriages which took place in religious ceremonies in the territory of Tajikistan before 19 December 1929 are deemed to be official marriages.

107.State bodies regularly conduct awareness-raising work among the general public, in particular with families who are not in officially registered marriages and have children.

108.According to statistics, in 2017, the civil registration bodies registered 35,496 paternity claims. In the first quarter of 2018, the number was 9,267.

Please refer to the replies under paragraphs 6–8.