Indicator

2014

2015

2016

First half of 2017

Total criminal cases considered involving incitement to prostitution

158

117

98

53

Accused persons

163

117

99

55

Of whom:

Men

66

47

54

22

Women

97

70

45

33

Total criminal cases considered involving human trafficking

8

5

4

Accused persons

14

6

4

Of whom:

Men

1

Women

14

6

3

Total criminal cases considered involving domestic violence

24

15

82

28

Accused persons

25

16

86

30

Of whom:

Men

25

15

81

23

Women

1

5

7

61.According to data of the Ministry of Internal Affairs, over the first seven months of 2017, there was a total of 65 criminal cases involving domestic violence.

Indicator

2015

2016

7 months of 2017

Total criminal cases involving domestic violence

146

257

65

62.The above data show that the number of crimes involving violence against women is not diminishing and in certain categories it is tending to increase.

Human trafficking and exploitation of prostitution

Paragraph 20 of the Committee’s concluding observations

63.Tajikistan is a party to a number of multilateral instruments on combating human trafficking, including the Convention for the Suppression of Traffic in Persons and of the Exploitation of the Prostitution of Others, of 2 December 1949, the United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime of December 2000, and the Agreement on cooperation between the Ministries of Internal Affairs (police) of the States members of the Commonwealth of Independent States in combating human trafficking.

64.In order to combat human trafficking in Tajikistan, an act on combating human trafficking was in effect until July 2014. On 26 July 2014, a new act, on combating human trafficking and providing assistance to victims, was adopted. The act establishes the organizational and legal framework for combating human trafficking and a system of measures for protection of and assistance to victims of trafficking and their rehabilitation. It also governs social relations in combating human trafficking and the provision of assistance to victims. A distinctive feature of the new act is that it provides for comprehensive measures to assist victims.

65.In order to step up efforts to combat human trafficking, a comprehensive programme to combat human trafficking for the period 2014–2016 was adopted and the legislative framework in this area is being refined. An interdepartmental commission on combating human trafficking, which includes representatives of the relevant ministries and departments and of civil society, has been established within the Government.

66.A national plan for the prevention of human trafficking in the Republic of Tajikistan for the period 2016–2018 was approved by Government decision on 27 July 2016. The plan provides for comprehensive measures to combat trafficking, criminal prosecution for human trafficking and measures to protect and assist victims of human trafficking.

67.The legislation of Tajikistan does not provide for criminal liability for prostitution. The Criminal Code establishes criminal liability for incitement to prostitution and the establishment or keeping of brothels, procurement or living off the earnings of prostitution (arts. 238 and 239).

68.In accordance with to article 130 of the Code of Administrative Offences, purely administrative liability in the form of a fine and administrative detention for 10 to 15 days is established for engaging in prostitution.

69.Under the State programme to promote employment in the Republic of Tajikistan, in order to support unemployed persons and promote self-employment by means of the creation of additional jobs through the provision of small concessional loans, more than 14.6 million somoni was allocated from the State budget up to 2017. Over the first eight months of 2017, the employment services throughout Tajikistan allocated preferential loans totalling 4,823,850 somoni to unemployed women to organize their own entrepreneurial activities (self-employment).

70.In order to promote women’s entrepreneurship, create new jobs, increase women’s participation in the economic sector, ensure their competitiveness in the labour market and promote the employment of women and girls, on the basis of a Government decision on the establishment and award of Presidential grants for the support and development of women’s entrepreneurial activities during the period 2016–2020, 2 million somoni was allocated from the State budget in 2016, and 2 million somoni is envisaged in the State budget in 2017.

71.With a view to the promotion of market relations on the basis of support for entrepreneurship and development of competitiveness by making effective use of substantive programmes, projects and activities in the small and medium-sized business sector, the Government of Tajikistan established a business support fund, a State entity. In order to replenish the fixed capital in the fund, 133 million somoni was allocated from the State budget in 2013–2015, and 70 million somoni is earmarked for this purpose in the 2017 budget. These resources are contributing to the combating of human trafficking and assistance to victims of trafficking, as well as the development of entrepreneurial activities among women, on an equal basis with men.

72.In spring 2004, the Ministry of Internal Affairs of Tajikistan was among the first in the area of Central Asia to set up within the crime control department of the Ministry of Internal Affairs a specialized unit to combat human trafficking, as a high-profile institutional unit in the internal affairs system, which became the reporting point in developing an organizational and systemic law enforcement mechanism for work in this area. The Ministry’s work in this regard has been continuously improved through integration of best international and national practices, and also the development of completely new information models for the types of offences being investigated and specific algorithms for operational and investigative activities in line with regional specificities and local conditions. The result has been a sharp increase in the level of detection and effectiveness of further investigation of this category of offences.

73.Another feature of the work of the Ministry of Internal Affairs in this area is provision of assistance to victims of trafficking with or without their consent to cooperate with law enforcement agencies, which is one of the key parameters of the national position on this issue. In other words, the interests of victims take priority over the interests of the criminal prosecution. As part of this work, the division cooperates regularly with civil society institutions and humanitarian organizations in the implementation of preventive measures, collection of operational and other information, repatriation, and also protection and comprehensive rehabilitation of victims in specialized institutions operating in the territory of Tajikistan.

74.International and regional cooperation by the Ministry of Internal Affairs on issues of combating human trafficking is also at a high professional level and consists of exchange of data on offences, channels, routes, criminal elements, victims, and so forth. This cooperation is based on the use of information derived from operational and other specialized records of law enforcement agencies and, in sharing operational, investigative and other legal information, is based on the ratified international instruments, through the national centre of the International Criminal Police Organization (INTERPOL) in Tajikistan, as well as interdepartmental legal instruments concluded at the level of ministries of members of the Commonwealth of Independent States.

75.An analysis of human trafficking offences for the first seven months of 2017 and of 2016, according to data of the main information and analysis centre of the Ministry of Internal Affairs is shown in the following table:

No.

Articles of the Criminal Code of Tajikistan

7 months 2016

7 months 2017

1

Article 130 (Abduction of persons)

2

2

Article 130 (Trafficking in persons)

8

20

3

Article 130 (Use of slave labour)

4

Article 131 (Illegal deprivation of liberty)

5

Article 132 (Recruitment of persons for the purpose of exploitation)

11

13

6

Article 167 (Trafficking in minors)

6

10

7

Article 241 (Production and distribution of pornographic materials or articles with images of minors)

8

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

9

Article 335 (Facilitation of the illegal entry of foreign citizens or stateless persons into Tajikistan or illegal transit through the territory)

2

1

10

Article 335 (Facilitation of illegal migration)

3

11

Article 339 (Theft or alteration of documents, stamps or seals)

12

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

Total

29

47

76.During the first seven months of 2017, the Ministry of Internal Affairs brought back to Tajikistan four victims from the United Arab Emirates and one victim from the city of Istanbul (Turkey). Victims of human trafficking have access to a full range of support including housing (shelter), physical and psychological treatment and rehabilitation, and reintegration measures. If necessary, identification documents are returned to victims. Victims are assigned a lawyer who accompanies them from the stage of investigation to the stage of sentencing; after sentencing, in the event that the accused refuses to provide reparation for moral and material damage, the lawyer files a civil claim for compensation for moral and material harm (if the victim so wishes).

77.At present, rehabilitation and social reintegration assistance to victims of human trafficking is provided by the public organization Femida, with financial support from the social welfare agency of the Ministry of Health and Social Welfare and the International Organization for Migration.

78.Two or three times a year, a dialogue on preventing and combating human trafficking takes place with the participation of social partners — diplomatic missions of foreign States, international organizations and representatives of the interdepartmental commission on combating human trafficking.

Participation in political and public life

Paragraph 22 of the concluding observations

79.At present a regulatory and legal foundation has been established in Tajikistan aimed at guaranteeing the equality of all citizens regardless of gender, race, ethnicity, language, origin, property and occupational status, place of residence, attitude to religion, beliefs, and membership of public associations or any other social groups. According to article 27 of the Constitution, citizens have equal rights to enter the civil service. This provision is also stipulated in article 2 of the Civil Service Act, in accordance with which, citizens of the Republic of Tajikistan have equal rights to enter the civil service irrespective of ethnicity, race, gender, language, faith, political convictions or social or property status. Tajikistan pays particular attention to the role of women in society and the maintenance of gender balance. A legislative framework governing issues related to the equal rights of men and women has been established.

80.An act was adopted on 1 March 2005 on State guarantees of equal rights for men and women and equal opportunities in the exercise of such rights, which regulates action to uphold the constitutional guarantees of equal rights of men and women in the social, political, cultural, and any other sphere and establishes State guarantees of equal opportunities for persons of either gender, regardless of ethnicity. Article 20 of this act defines participation in trade unions and other public associations, including publics associations established for the purpose of implementing the constitutional principle of equal rights and equal opportunities for men and women. The State programme on the education, selection and placement of capable women and girls in leadership positions in the Republic of Tajikistan for the period 2007–2016 has been implemented. The main objectives of the programme were to formulate long-term State policy to secure rights and opportunities with regard to the training, selection and placement of capable women and girls in leadership positions; ensure that women and men had equal rights in respect of promotion and appointment to leadership positions; and ensure an enabling environment for training. As a result of the implementation of the programme, a mechanism was established for the education, selection and placement of capable women and girls in leadership positions, as well as a mechanism for State cooperation with non-governmental organizations. Conditions of work and recreation for women have improved. The national strategy on promoting the role of women in the Republic of Tajikistan for the period 2011–2020 provides for equal representation of women and men in the executive and representative bodies at all levels of governance, the possibility of introducing quotas for women as a temporary measure to ensure broader participation in the executive and representative bodies, cooperation with international organizations on achieving equal opportunities for men and women, enhancing the role of women in society and the possibility of learning from the experience of developed countries on issues of the political advancement of women, ensuring gender equality in the workplace, and introducing modest quotas when holding competitions to fill civil service positions at all levels. The strategy also focuses on mechanisms for the social State and civil society, cooperation between the authorities and public organizations with an emphasis on the initiative and self-motivation of citizens of both genders in resolving socioeconomic problems. To implement this strategy, by Government decision of 29 August 2015, a plan of action was approved for 2015–2020, which envisages strengthening the capacity of the Committee on Women and the Family in the area of gender analysis, carrying out research and monitoring of programmes on women’s issues, enhancing the capacity of the staff of ministries and departments responsible for implementing gender policy, conducting training courses and seminars to upgrade the skills to develop strategies and State programmes and to conduct gender analysis of social processes, organizing courses to enhance the capacity of women activists in State structures and civil society, introducing quotas in competitions to fill civil service positions at all levels, building the capacity and skills of women leaders, increasing women’s literacy and employment levels on the basis of the principles of gender equality, and reducing unemployment. Targeted work is being carried out on the implementation of the plan of action. An act on the prevention of domestic violence was adopted in 2013. The act provides a clear legal definition of offences in the domestic sphere, and ensures effective assistance for victims and other members of disadvantaged families directly or indirectly affected by domestic violence. In 2014, with a view to the effective implementation of the act, the Government adopted a State programme for the prevention of domestic violence in the Republic of Tajikistan for the period 2014–2023, providing for a set of measures to strengthen the mechanisms for the prevention of domestic violence and the control of crime, especially the factors causing domestic violence, register individual warnings relating to prevention of antisocial acts and indecent and immoral behaviour in the family, ensure the social and legal protection of citizens, and so forth. On 1 April 2017 the Government adopted the State programme for the education, selection and placement of talented women and girls in leadership positions in the Republic of Tajikistan for the period 2017–2022. The programme focuses on implementation of Tajikistan’s international obligations to eliminate gender inequality in accordance with the principles and directions of the Convention on the Elimination of all Forms of Discrimination against Women, the Beijing Declaration and Platform for Action, the Sustainable Development Goals and other gender-related goals and targets.

81.In 2014, a council of female students was established under the Committee on Women and the Family, under which a school for girl leaders operates, for which experienced and respected teachers are enlisted to provide training. Every year the Committee awards grants worth 100 somoni per month for the 11 top female students in Tajikistan’s higher educational institutions. In 2016, the number of grants was increased to 15. Since 2001, the Sarvar State training centre for women, attached to the Ministry of Education and Science, has been in operation, in order to train girls entering higher educational institutions under the Presidential quota, and talented girls in general, to prepare them as women leaders. Training at the centre is provided free of charge. All students at the training centre receive an additional stipend, and students from remote regions of the country are provided with accommodation in hostels. The centre is funded from the State budget every year in an amount of 1,124,013 somoni. Over the past five years, 378 girls from all regions of the Republic, of whom 233 successfully completed leadership courses, studied at the centre. In 2016 a new curriculum was introduced. In addition to studying subjects such as psychology of leadership, technology and methodology of leadership, management, foundations of public law, office work in the State language and information technology, all the girls carry out intensive study of foreign languages. After completing their studies at the centre, the graduates are awarded a certificate of attendance at leadership courses.

82.In order to implement programmes and laws and regulations in the gender sphere in an organized manner and attract women to the civil service, the civil service agency, together with the institute of public administration, in 2016 organized 35 skills development courses for civil servants: 3 refresher courses, 13 skills development courses, 18 extramural courses and internships, and 1 internship. A total of 1,330 students attended, as well as 276 students who were involved in separate projects, making a total of 1,606 civil servants who participated in courses, of whom 535, or 33.3 per cent, were women. In the first half of 2017, together with the institute of public administration, and in order to upgrade the skills of civil servants, 22 courses were held — 3 refresher courses, 19 courses for upgrading qualifications and 10 extramural courses, covering 712 students, as well as 195 students involved in separate projects, making a total of 907 civil servants, of whom 195, or 21.4 per cent, were women. The institute, with the assistance of the Committee on Women and the Family, held courses for women leaders on topics of human resources management, women leaders in the civil service system, and legal framework for gender equality in the Republic of Tajikistan. From 2009 to the present, the institute has conducted training in master’s courses in the area of public administration, with the participation of potential candidates for leadership positions in the State authorities, on the specific measures taken by the State to increase the representation of women in elected positions and train potential candidates. During this period, the number of specialists trained totalled 488 people, of whom 154, or 31 per cent, were women.

83.In accordance with the requirements of State statistical form No.1-GS, report on the number and grade levels of civil servants, the civil service agency conducts a quarterly monitoring exercise and compiles a statistical report about the number of civil servants, including women and members of other ethnic groups. The outcome of the monitoring exercise is sent to the relevant State bodies for adoption of the necessary measures.

84.As of 1 July 2017, the total staffing table for civil servants consisted of 20,987 posts; 1,726 posts were vacant, and 19,261 posts were encumbered. The number of women was 4,340, or 22.5 per cent. A total of 5,779 people, or 30 per cent of the total number of civil servants, hold managerial posts; of that total, 1,081 people, or 18.7 per cent, are women. In the central bodies and their structural units there are 11,991 civil servants, of whom 2,795, or 23.3 per cent, are women. A total of 3,146 civil servants hold managerial posts, of whom 542, or 17.2 per cent, are women. In the local executive bodies there are 3,728 civil servants, of whom 974, or 26.1 per cent, are women. A total of 1,467 civil servants hold managerial posts, of whom 304, or 20.7 per cent, are women. In the self-governing bodies of settlements and hamlets there are 3,542 civil servants, of whom 571, or 16.1 per cent, are women. A total of 1,166 civil servants hold managerial posts, of whom 235, or 20.1 per cent, are women. Of the total number of female civil servants, 1,081 hold managerial posts, 7 are chairpersons of districts, 64 are deputy chairpersons of districts, and one woman is the head of the executive office of the President.

85.Currently, women constitute 21.1 per cent of the members of the Majlis-i Milli (upper house) of the Majlis-i Oli and 20.6 per cent of deputies of the Majlis-i Namoyandagon (lower house) of the Majlis-i Oli; one of them is the vice-chairperson and two are chairpersons of committees. At present, one woman holds the post of Minister of labour, migration and employment. In addition, the heads of the Committee on Women and the Family, the Committee on language and terminology and the Statistics Agency are women.

86.In other Government structures, ministries and local government authorities, one of the deputy directors is usually a woman.

87.Out of a total of 369 judges, 56, or 15 per cent, are women. Of those women, one is the chairperson of the higher economic court, and five are chairpersons and six, deputy chairpersons of regional, city and district courts. In the Supreme Court, out of a total of 39 judges, 10, or 25.6 per cent, are women. Overall, 90 women work in the constitutional court and in the judiciary, and 745 women work in leadership positions in the internal affairs bodies.

88.In the educational system, 4,353 women hold leadership posts, of whom one works in the central administration of the Ministry of Education and Science, seven work in the structural units of the Ministry, three are rectors, 34 are directors and deputy directors of secondary vocational training institutions, 14 are heads of the education departments of districts and towns, 3,691 are directors and deputy directors of general education institutions, and 603 are heads of preschool educational institutions. In order to promote the advancement of young and talented specialists to leadership positions, a special database has been set up in the Ministry, which includes 82 people, of whom 27 people, or 33 per cent, are women. In State institutions for elementary vocational training, 12 women serve as directors, or 19 per cent of the total. One woman in the Ministry has a doctoral degree and four are PhD candidates.

89.At present, 18,044 specialists with higher medical education and also 49,434 medical specialists with secondary medical education, of whom 19,323 are men and 48,155, or 71.4 per cent, are women, work in the health-care sector in Tajikistan.

90.In the Ministry of Finance and subordinate institutions, the core staff consists of 1,453 people, including 1,318 office personnel, of whom 986 are men and 332 are women; in total, women account for about 25.2 per cent of staff. In the central administration of the Ministry of Finance, the total number of staff is 292 office personnel, of whom 228 are in active service, 85 are women, and 18, or 21.2 per cent of the total number of women, work as heads and deputy heads of divisions and departments. One woman is a deputy finance minister, two women hold the posts of heads of financial divisions in cities and districts, and in addition, the director of the State treasury under the Ministry of Finance is a woman.

91.In the Ministry of Foreign Affairs and the diplomatic service there are 314 civil servants, of whom 53, or 16.8 per cent, are women.

92.Ministries and departments, on the basis of the fundamental goals of the strategic documents, carry out the following activities: identifying long-term State policy to guarantee the rights and opportunities for the education, selection and placement of talented women and girls in leadership positions, ensuring equal rights for women and men in promotion and appointment to leadership positions, ensuring comprehensive training opportunities, encouraging girls to take training courses and providing accommodation and grants for female students at higher educational institutions. As a result of the adoption of measures envisaged under the above-mentioned strategies, programmes and plans of action, the number of women involved in decision-making processes, is steadily increasing.

Education

Paragraph 24 of the concluding observations

93.The current legislative framework in Tajikistan excludes gender segregation in the sphere of education. Under article 16 of the Education Act, basic general education (nine grades) is compulsory for citizens of the Republic of Tajikistan.

94.In the 2016–2017 academic year, 1,837,762 students were enrolled in general education institutions, including 877,952 girls, representing 47.7 per cent of the total number of students. In general education institutions from grades one to nine, 1,580,685 students were enrolled, of whom 760,740, or 48.2 per cent, were girls.

95.The trend of recent years shows that the enrolment of girls to continue their education in grades 10–11 is increasing every year. In 2014, 56,331 girls were enrolled in grade 10, and 50,097 in grade 11. In 2015, 58,817 girls were enrolled in grade 10, and 52,592 in grade 11. In 2016, this figure was 60,233 in grade 10 and 55,606 in grade 11. These figures clearly demonstrate the increase in the number of girls wishing to continue their education in grades 10–11.

96.After completing basic secondary education, many girls continue their studies at elementary and secondary vocational institutions. Currently, 5,005 girls, or 22 per cent of the total number of students (22,779), are studying in elementary vocational institutions, and at secondary vocational institutions 43,372 students representing 59 per cent of the total number of students (73,333), are girls. After graduating from general education institutions, 65,519 girls continued their studies in higher education institutions of Tajikistan, representing 35 per cent of the total number of students (189,711), mostly girls from remote districts of Tajikistan.

97.To attract more girls from remote districts of the country to study and pursue an occupation there is a Presidential quota every year for girls entering higher education institutions. At present, 3,218 girls from remote districts of the country are studying in higher education institutions of Tajikistan as part of that quota.

98.At present 264 girls who, for one reason or another, could not receive general secondary education are studying in extramural general education institutions under the Ministry of Education and Science.

99.During the first half of 2016, 61 State institutions of the elementary vocational training system were operating in the Republic. These institutions train specialists in 14 fields and 96 areas of specialization for the domestic and foreign labour markets. In the 2016–2017 academic years, 23,143 students graduated from these institutions, of whom 4,805 or 20.7 per cent, were girls. In the first half of 2017, 64,957 students received vocational training in education centres and institutions of the elementary vocational training system of the Ministry. In the first half of 2017, on the basis of the State programme to promote employment in the Republic of Tajikistan for the period 2016–2017, 12,259 students took vocational training courses, of whom 9,265, or 75.6 per cent, were women. In addition, 11,537 women received training in national handicrafts.

100.At the local level, awareness-raising and outreach work is regularly conducted within the population, with the involvement of public organizations, chairpersons of makhalla councils, women activists and religious leaders on the responsibility of men in the family, equal rights of men and women, and the responsibility of parents for children’s upbringing and girls’ education. In the first half of 2017, the Ministry of Education and Science and its structures held 320 meetings on relevant topics, which were attended by 30, 830 people.

101.A centre for gender education has been opened, attached to the Education Academy; its primary mission is to help promote the ideas of gender equality at all levels of education, starting at the preschool level. It has enabled academic analysis, awareness and formation of basic concepts and approaches of gender theory, and their adaptation to the national historical and cultural context.

102.With a view to reforming the elementary vocational training and adult education system and modernizing the technical base of educational institutions a project on strengthening vocational technical education and training is being implemented jointly with the Asian Development Bank. Under this project, the curricula of the elementary vocational training and adult education system will be reviewed from a gender perspective. The development of new programmes in non‑traditional fields for girls (technical specializations in the elementary vocational education and adult education system) is also envisaged.

103.Support for active and gifted girls is one of the priority areas. For women and girls in this category who work in the Ministry of Education and Science system, the centre for advanced training and retraining of staff in the labour, migration and employment system, a State institution, conducts skills development courses, including on the topic of women leaders. During the period of 2015, 2016 and the first six months of 2017, 86 courses were held, attended by more than 1,500 people, of whom 532, or 35 per cent, were women.

104.According to statistical data, in the 2014–2015 academic year, 11,097 girls, representing 31.3 per cent of the total enrolment, entered higher vocational training institutions. In the 2015–2016 academic year, the figure was 12,751 girls (32.9 per cent), and in the 2016–2017 academic year, the percentage of girls enrolled in higher vocational training institutions reached 33.5 per cent (16,120 girls), reflecting the dynamic growth in the enrolment of girls in higher vocational education. At present, in higher vocational training institutions, there are 221 girls (25.6 per cent) studying in specialized areas and fields of mathematics, 56 girls (22.5 per cent) in informatics, 673 girls (60.8 per cent) in the natural sciences, and 2,731 girls (11.5 per cent) in science and technology. An analysis of these figures demonstrates the growth in the number of girls studying in these fields and areas of specialization.

105.At present, 363 girls are studying in secondary vocational training institutions in specialized fields and areas to become teachers of mathematics and informatics.

106.The managerial staff in the Ministry of Education and Science and its subdivisions at present can be portrayed schematically as follows:

No.

Name

Total

Of which, women

1

Pre-school education

602

602

2

Secondary education

11 294

3691

3

Elementary vocational training

454

148

4

Secondary vocational training

720

298

5

Higher vocational training

1 783

525

6

Institutions attached to the Ministry of Education and Science

140

41

7

Apparatus of the Ministry of Education and Science

19

1

Employment

Paragraph 26 of the concluding observations

107.The Labour Code guarantees that at the time of recruitment, promotion, vocational training, establishment of terms of employment and also dismissal of workers, including civil servants, the requirements of the legislation concerning the rights and guarantees of persons of both genders must be taken into account. As required by the Code, pay or other remuneration is a basic condition of a labour contract. Pay constitutes remuneration for work. Discrimination in pay is prohibited. An employer must grant workers the same pay for work of equal value.

108.Guided by the provisions of the act on State guarantees of equal rights for men and women and equal opportunities in the exercise of such rights, measures are taken for their phased implementation within the framework of State employment policy. On the basis of this act, and in order to promote gender equality in the sphere of labour relations, the employer (head of a State body, organizations, all forms of ownership) must ensure:

•equal opportunities for men and women when concluding employment contracts;

•equal access for men and women to vacant positions (posts);

•equal pay (remuneration) for men and women, when both do the same work or work of equal value;

•equal opportunities for skills development, retraining, and career advancement;

•safe working conditions that ensure protection of the life and health of both men and women.

109.In accordance with this act, in the event of mass layoffs of workers in an organization, the number of persons of one gender who are laid off must be proportional to the number of staff at the site.

110.One significant policy direction in the area of women’s employment is support for women’s initiatives in organizing self-employment and entrepreneurship through the provision of microcredit, which is an effective instrument in a poverty reduction strategy, since women engaged in entrepreneurial activities not only ensure work for themselves, but may also create additional jobs for other women. In 2016, over 150,000 women received microcredit totalling 1,165,345.5 somoni for establishing and developing small businesses, production workshops and other initiatives.

111.There are significant differences in gender distribution by type of employment. There is a preponderance of women in certain occupations (most frequently low-paid) and of men in others. The service sector and agriculture have the highest proportion of women employed. In 2016, 66.7 per cent of health-care personnel were women, while the figure was 46 per cent in agriculture and 61.6 per cent in education.

Distribution of the employed population and contract workers by type of occupation in 2016

(source: data from annual reports, persons)

Av erage annual number of contract  workers

Women contract workers as a percentage of total workers

Total

Men

Women

All sectors

1 050 713

566 090

484 623

46.1

Productive sector

553 966

328 489

225 477

40.7

of which:

– agriculture, hunting and forestry

443 511

239 358

204 153

46.0

– fisheries

194

177

17

8.8

– mining and quarry work

10 600

9 351

1 249

11.8

– manufacturing industry

52 294

36 980

15 314

29.3

– electricity, gas and water;

17 557

15 201

2 356

13.4

– construction

29 810

27 422

2 388

8.0

Services

496 747

237 601

259 146

52.2

of which:

– wholesale and retail sales, repair of motor vehicles and motorcycles; household items and personal goods

24 542

18 761

5 781

23.6

– hotels and restaurants

5 465

2 951

2 514

46.0

– transportation, storage and communications

23 128

17 607

5 521

23.9

– financial services

22 315

15 829

6 486

29.1

– real estate transactions, rentals and commercial activities

19 291

14 041

5 250

27.2

– public administration and defence , compulsory social insurance

35 748

24 887

10 861

30.4

– education

219 312

84 148

135 164

61.6

– health care and social services

104 265

34 688

69 577

66.7

– other communal, social and personal services

41 945

24 219

17 726

42.3

– extraterritorial organizations and bodies

736

483

253

34.4

112.In Tajikistan, persons who are under the age of 18 receive special protection from the State. Minors, regardless of race, gender, religion, ethnicity or social status, have the right to vocational training and employment, education, health care, recreation, access to cultural activities, physical culture and sports. The State provides the necessary financial and other material support for public and other organizations involved in community work for the social development of minors, and ensures a preferential regime for their activities.

113.Under article 26 of the Education Act, in educational institutions, regardless of their organizational and legal form and ownership, diversion of teaching staff from their core responsibilities and involvement of pupils, students and graduate students in agricultural or other work that is not related to their studies are prohibited.

114.In the new version of the Labour Code, a separate chapter is devoted to regulations governing the employment of workers under the age of 18. In accordance with article 208 of the Labour Code, the employment of workers under the age of 18 in heavy work, underground work, work in hazardous or dangerous conditions, or work that might be harmful to their health and moral development, is prohibited. A list of types of work with hazardous or dangerous working conditions in which the employment of persons under the age of 18 is prohibited, and limits for the manual lifting and movement of loads, were approved by Government decision of 4 March 2014. Under a Government decision of 31 October 2014, a national programme for the elimination of the worst forms of child labour in the Republic Tajikistan for the period 2015–2020 was adopted. It is expected that as a result, measures will be implemented to facilitate access by children to high-quality compulsory general education and develop non-formal education programmes and vocational training programmes, as well as measures to prevent the engagement of children in the worst forms of labour.

115.The main provisions of the International Labour Organization (ILO) Convention concerning Equal Opportunities and Equal Treatment for Men and Women Workers; Workers with Family Responsibilities (Convention No. 156) are reflected in the legislation of Tajikistan. Tajikistan will consider a proposal to begin work on ratification of the ILO Workers with Family Responsibilities Convention (No. 156), as necessary.

116.The Government will continue to work for the elimination of the worst forms of child labour and trafficking in children. State structures, and public and international organizations, have always focused attention on forced labour. These structures are conducting research and carrying out various programmes and projects aimed at prevention and the removal of children from the labour market through education (specifically inclusive education, vocational and technical training, vocational guidance, development of entrepreneurial skills among youth from 15–17 years of age, and informing young people about labour law).

117.At present, in order to address the above-mentioned issues through education and ensure a smooth transition from school to work and access of young people to decent work, the following strategic documents are being implemented:

•On 2 June 2011 the Government adopted a decision on the State strategy for the development of the labour market in the Republic of Tajikistan up to 2020, which provides for the inclusion in the secondary school curriculum of topics relating to preparation for entering the labour market, familiarity with business principles, enhancement of functional literacy and development of logical thought. Furthermore, it is envisaged that vocational guidance and career training for young people will be available at secondary schools. Paragraph 2.5.1 of the strategy, with a view to social integration, provides for the establishment of additional training services for young people, the unemployed and job seekers in academic subjects needed for continuing study and occupational readiness (elimination of gaps in previous knowledge). Opportunities will also be created for training illiterate persons over the age of 15 and their integration into the labour market. The problem of child labour was reflected in paragraph 3.3.3 of the strategy, which provides for an intensification of efforts to eliminate the worst forms of child labour through the development of a national plan of action to eliminate the worst forms of child labour;

•The national programme for the elimination of the worst forms of child labour for the period 2015–2020, a plan of action for the elimination of the worst forms of child labour, is designed to coordinate the actions taken to implement the national programme for the elimination of the worst forms of child labour;

•The national plan of action to combat human trafficking in the Republic of Tajikistan for the period 2016–2018 was approved by a Government decision of 27 July 2016; the fifth goal of the plan is to prevent trafficking in children, and the sixth goal provides for an extension of social partnership to combat human trafficking, and for each of these goals, three measures are planned. The plan of action includes 50 specific measures;

•The issue of child labour was included in the work plan for the implementation of the United Nations Development Assistance Framework for Tajikistan for the period 2016–2020, as part of focus area 3 “Social development, inclusion and empowerment” and focus area 5 “Gender, child workers and vulnerability”;

•Tajikistan has adopted a national development strategy for the period up to 2030. It was formulated on the basis of the Sustainable Development Goals and establishes the objectives of reducing poverty by half and increasing the number of citizens with income no lower than average. The strategy will contribute to the effective implementation of targets 8.7 and 4.4 of the Sustainable Development Goals by 2030;

•In order to ensure access to high-quality education and the transition from school to working life, a national strategy for the development of education in the Republic of Tajikistan up to 2020 was approved and implemented;

•In order to implement State policy in the area of State social guarantees, promote employment and regulate the domestic labour market, a State programme to promote employment in the Republic of Tajikistan for the period 2016–2017 was approved by Government decision of 28 November 2015.

118.The main mechanism, approved by the Government and social partners, which connects education and employment for youth engaged in the worst forms of child labour is a child labour monitoring system. The aim of the system is to remove children from labour relations, implement measures to prevent the involvement of children in the worst forms of child labour and assist in creating conditions to enable them to receive social services, schooling and employment. It also facilitates the transition from vocational and technical training of working children to decent work.

119.From 2012 to the present this system has been introduced in 11 towns and districts — in Dushanbe, Isfara, Kulyab, Khorugh, Shugnan, Rudaki, Ayni, Istaravshan, Roshtqal’a, Danghara and Vose. The Ministry of Labour, Migration and Employment, with technical and financial assistance from the ILO International Programme on the Elimination of Child Labour (IPEC) and with its own resources, is engaged in strengthening the system and extending it throughout the territory of Tajikistan.

Health

Paragraph 28 of the concluding observations

120.The services provided by the network of primary health-care facilities aim to ensure high-quality care, and to improve the primary health-care infrastructure in rural areas through supplies of basic medical equipment. This, in turn, helps to improve the coverage of basic primary health-care services, especially for women and girls.

121.Currently, there are 48 health care centres in towns and 54 in districts, 856 rural medical centres and 1,706 medical centres that provide primary health care to the population, including women and girls living in remote areas. Every year more 20 medical centres, as well as more 10 rural medical centres, are built with funds from the budgets of local executive bodies, donors and local entrepreneurs. Over the past five years, improvements were made to the material and technical base of birthing centres in the city of Khorog, city and regional maternity homes in the Sogdh region, and maternity wards in the Yavan, Khuroson, Khamadoni, A.Jami, Farkhor, Dusti, Lakhsh and Nurabad districts. In 2016, the construction and commissioning of the Istiklol medical complex in Dushanbe was completed, where 490 of 650 beds are designated for medical services to children and mothers. The complex is supplied with modern equipment, so that high-quality medical services can be provided to women and children. In addition, over the past month the Sarikhosor Dzhamoat maternity home in the Baljuvan district of the Khatlon region has begun operating and has been supplied with modern equipment.

122.Medical services are provided by family doctors, with the support of midwives and obstetrician-gynaecologists. All municipal and district health centres operate reproductive health centres, which provide skilled care to pregnant women and women of childbearing age (15–49 years). At present, standards and clinical protocols for the treatment of pregnant women suffering from physiological and pathological problems have been developed and put into practice.

123.A plan of action on the sexual and reproductive health of mothers, newborns, children and adolescents has been approved within the framework of the national health strategy of the Republic of Tajikistan for the period 2016–2020.

124.All pregnant women have access to primary health care services during the day and in the evenings to out-patient primary health care (central district hospitals). In addition, a procedure has been developed for the transfer of pregnant women to the second and third levels of care.

125.As a result of the improvement of access to services, the number of home births has decreased from 12 per cent to 4.9 per cent.

126.The procedure for providing medical counselling on reproductive health to minors, including members of at-risk groups, was approved under a Government decision of 28 November 2015.

127.On the basis of reproductive health centres, 21 medical counselling units, where medical and psychological assistance is provided to young people from at‑risk groups, have been established and are in operation.

128.In total as of today there are 1,640 obstetrician-gynaecologists and 5,008 midwives working in the health-care system.

129.Over the first six months of 2017, 84 obstetrician-gynaecologists and 56 midwives took skills development courses and elementary specialization at the institute of postgraduate studies in health care of the Republic of Tajikistan, a State educational institution. At the centre for postgraduate education of the Abuali ibni Sino Tajik State medical university, a State institution, 62 specialists upgraded their skills during the first six months of 2017. In addition, in 2017 the Ministry sent 140 specialists to do a clinical residency after completing their studies at the Abuali ibni Sino Tajik State medical university.

130.In order to upgrade the skills of obstetrician-gynaecologists from remote and mountainous areas, under a decree of the Ministry of Health and Social Welfare, over 20 specialists took a month-long course in emergency obstetric care in 2017. More than 120 obstetrics specialists were trained in emergency obstetric care for pregnant women suffering from haemorrhage and eclampsia. All maternity institutions were provided with basic medical equipment for emergency care for pregnant women and newborns. At the same time, simulation rooms have been established in all maternity institutions and equipped with visual aids (dummies) for training medical personnel. In order to improve health care for mothers and children, regulations on coaching in maternal and child health, and clinical guidelines on healthy nutrition for pregnant and nursing mothers and on safe abortions and their monitoring, were approved by decree of the Ministry of Health and Social Welfare on 26 December 2016.

131.The incorporation of gender issues in the efforts being carried out in the Republic of Tajikistan to combat the HIV epidemic is one of the priorities in the work of the country’s public health system. Gender issues are at the heart of many strategic initiatives, such as the national health strategy of the Republic of Tajikistan for the period 2010–2020 and the national programme to combat the HIV epidemic in the Republic of Tajikistan for the period 2017–2020. The strategic areas of the national programme in the gender context include HIV prevention, testing, treatment and care, as well as legal aspects to combat stigma and discrimination against people affected by the HIV epidemic. HIV prevention through harm reduction programmes which are being implemented in Tajikistan is taking place among members of key high-risk populations, regardless of their sexual orientation, free of charge.

132.In 2016–2017, the clinical protocols on prenatal care for pregnant women were reviewed and amended. In Tajikistan, HIV testing is provided free of charge to members of key groups of the population and among vulnerable groups such as pregnant women and children, under a programme to prevent mother-to-child transmission of HIV which is being implemented.

133.Treatment against HIV (antiretroviral therapy) is provided to HIV positive people, regardless of their sexual orientation or age, including pregnant women and children, free of charge. Clinical research on this infection (HIV) conducted in the process of patient treatment is also free of charge. In addition, HIV-positive people receive services free of charge for the prevention of secondary diseases, including opportunistic infections.

134.Reduction of stigma and discrimination against all HIV-positive people is reflected in paragraphs 5 and 6 of the national programme to combat the HIV epidemic in the Republic of Tajikistan for the period 2017–2020. During the implementation of the strategy, various activities have been planned to reduce stigma and discrimination, especially among women living with HIV.

135.In all regions of the Republic, the necessary conditions have been created for HIV screening for pregnant women, as well as antiretroviral treatment.

Rural women

Paragraph 30 of the concluding observations

136.The national development strategy of the Republic of Tajikistan for the period up to 2030 includes a special section on reducing social inequality, which addresses existing problems of inequality and discrimination against women, particularly women from rural areas, and ways of resolving them.

137.In this regard, by a Government decision of 28 November 2015, a plan was adopted for the admission of students to higher vocational education institutions of the Republic of Tajikistan under the Presidential quota for 2016–2020, which provides annually more 625 places for specialized training of girls from remote mountain regions in higher vocational education institutions. In total, the admission of 1,227 students, of whom 629 under quota, or 51.2 per cent, are girls from rural areas, is envisaged. The plan provided for 56 places in specialized agricultural subjects, 14 of which are provided for girls.

138.In accordance with the rules for the admission of students to higher vocational education institutions under the Presidential quotas (approved by decision of the Government of the Republic of Tajikistan of 2 July 2015), preference in admission is accorded to girls from rural areas.

Disadvantaged groups of women

Paragraph 32 of the concluding observations

139.Under a Government decision on the procedure for and coverage of free social services, of 13 December 2012, social groups of the population who are in difficult living situations are entitled to receive social services; in particular, women and children who have been subjected to various forms of violence receive free social services through the social service offices at home and in health centres.

140.In order to prevent the placement of children in residential institutions, alternative institutions have been established, in particular, 30 day care centres. Social services in these centres are provided by non-governmental organizations and funded by the Government. There are currently four social service centres for older persons and for disabled persons living alone.

141.By a Government decision, once every two years a targeted employment promotion programme is launched to provide employment, including for vulnerable persons who are not competitive in the labour market. The adoption of employment promotion programmes takes place every two years. On the basis of the programme adopted in each region, implementation measures are formulated and approved. The main activities of these programmes include vocational training, retraining and skills development, job placement in existing vacancies and jobs subject to quotas, the creation of additional jobs by providing small loans to promote self-employment, award and payment of unemployment benefits, the provision of vocational guidance services and community service. Under this programme, 420 women were paid unemployment benefits totalling 9,839 somoni in 2015.

142.In August 2014, amendments and additions were made to the Refugees Act. Work is underway on a draft of a new provision on the Commission, as well as regulations on the procedure for review and award of refugee status, which enshrine the basic standards of protection for refugees and also take into account the experience of other countries. With direct assistance and involvement of the UNHCR Office in Tajikistan, a unified framework for the registration of refugees and asylum-seekers has been established which has significantly simplified the work of staff involved with issues of asylum-seekers and refugees. To date, the number of refugees and asylum-seekers is 2,266 persons, of whom 812 are women. Refugees and asylum-seekers in the Republic of Tajikistan, under the Refugees Act, have the same rights to education, employment and medical care as citizens of the Republic of Tajikistan, except for employment in State institutions.

143.A draft law on amnesty in connection with the legalization of stateless persons and foreign nationals illegally staying in the territory of the Republic of Tajikistan has been formulated, and is currently at the stage of internal harmonization.

Marriage and family relations

Paragraph 34 of the concluding observations

144.During 2016 and the first six months of 2017, 102 criminal cases were instituted for committing physical or sexual domestic violence, specifically, 21 in 2016 and 14 during the first six months of 2017 for premeditated murder, 19 in 2016 and 5 during the first six months of 2017 for incitement to suicide, 4 in 2016 and 4 during the first sixth months of 2017 for the murder by a mother of her newborn child, and 19 in 2016 and 14 during the first six months of 2017 for rape. In 2016, 44 cases of rape were recorded, and 26 cases during the first six months of 2017. Criminal cases were instituted in all these instances, and investigations were carried out. In 16 criminal cases, the victims were underage girls.

145.One of the adverse consequences of domestic violence against women is attempts by such women to take their own lives. In 2016, 169, and during the first six months of 2017, 118 women committed suicide or attempted to commit suicide, which respectively represent 52.4 per cent and 43.7 per cent of all cases of suicide. A total of 24 (19 in 2016 and 5 during the first 6 months of 2017) criminal cases were instituted under article 109 of the Criminal Code and indictments were sent to court in cases of incitement to suicide during that period.

146.In the first half of 2017, the law enforcement agencies of Tajikistan prosecuted and investigated 29 criminal cases involving 51 persons (compared with 12 criminal cases involving 18 persons in the first half of 2016) in connection with crimes involving human trafficking, including under article 130.1 (trafficking in persons) of the Criminal Code — 14 criminal cases involving 17 persons (compared with 2 criminal cases involving 2 persons in the first half of 2016), under article 132 (recruitment of persons for the purpose of exploitation), 6 criminal cases involving 9 persons (compared with 6 criminal cases involving 7 persons in the first half of 2016), under article 167 (trafficking in minors), 7 criminal cases involving 23 persons (compared with 5 criminal cases involving 10 persons during the first half of 2016) and under article 335.2 (facilitation of illegal migration), 2 criminal cases involving 2 persons (no such crimes were recorded during the first half of 2016). Although during the first half of 2017 20 criminal cases were initiated against 26 persons for trafficking and recruiting persons for the purpose of sexual or other exploitation, in all cases the crimes were committed during the period from 2014–2016 beyond the borders of the Republic of Tajikistan by Tajik citizens with the complicity of citizens of the United Arab Emirates and Turkey.

Optional Protocol to the Convention, ratification of other treaties

Paragraphs 35 and 39 of the Committee’s concluding observations

147.In 2014, Tajikistan ratified the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

148.Under paragraph 1 of the national plan of action to implement the recommendations of the member States of the Human Rights Council under the second universal periodic review for the period 2017–2020, Tajikistan undertook to sign the Convention on the Rights of Persons with Disabilities in 2017.