Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

Third periodic report submitted by Tajikistan under article 73 of the Convention, due in 2024 *

[Date received: 6 May 2024]

I.Introduction

1.The third periodic report of Tajikistan on the implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families has been drawn up in accordance with the guidelines for periodic reports to be submitted by States parties under article 73 of the Convention (CMW/C/2008/1) and the compilation of guidelines on the form and content of reports to be submitted by States parties to the international human rights treaties (HRI/GEN.2/Rev.6).

2.The report covers the period 2019–2024 and includes replies to the issues raised in the concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families on the second periodic report of Tajikistan (CMW/C/TJK/CO/2).

3.Upon the Committee’s request, on 27 May 2021, Tajikistan submitted written follow‑up information relating to the concluding observations on the second periodic report of Tajikistan (CMW/C/TJK/FCO/2). Information was provided on the implementation of the recommendations contained in paragraphs 12, 35 (a) and 47 of the Committee’s concluding observations. The present report provides an update on the implementation of these recommendations, as requested in the Committee’s follow-up letter to the concluding observations on the second periodic report of Tajikistan (CMW/FollowUp/35/ik).

4.This report has been prepared by the working group of the Government Commission on International Human Rights Obligations based on the results of the analysis of the implementation of the National Action Plan for the Implementation of the Recommendations of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families for 2020–2024, approved by the First Deputy Prime Minister, Chair of the Commission, on 17 December 2019. Information on the status of implementation of the National Action Plan, after analysis and synthesis, is published on the official website of the Commission, www.khit.tj, every six months for the general use of stakeholders.

5.During the preparation of the report, the working group consulted with representatives of State bodies and civil society institutions. On 4 April 2024, a draft report was presented with the participation of representatives of international and civil society organizations. The proposals of stakeholders were taken into account in the preparation of the final version of the State party report. The report was also considered on 25 April 2024 at a meeting of the Government Commission on International Human Rights Obligations.

II.General information

Data on the characteristics and nature of migration flows in Tajikistan

6.Tajikistan is both a country of origin and a country of destination for migrant workers.

7.The period between 2019 and early 2024 saw shifts in labour migration dynamics. At the same time, the proportion of women among the country’s citizens leaving for labour migration during this reporting period remains at about 13 to 15 per cent.

Number of Tajik citizens who left for labour migration between 2019 and the first 3 months of 2024
Year	Total	Number of women
2019	530 883	64 512 (14.1%)
2020	129 807	77 013 (14.9%)
2021	373 773	16 880 (13%)
2022	775 578	49 174 (13.1%)
2023	652 014	97 210 (14.91%)
First 3 months of 2024	190 235	39 976

8.Migrant workers from Tajikistan travelled abroad to familiar destination countries such as the Russian Federation and Kazakhstan, and some new destination countries, such as Türkiye, Poland, Latvia, Romania, the United Kingdom, the Republic of Korea, Saudi Arabia and Qatar.

9.Migrant workers from Tajikistan left both independently and through organized recruitment and employment under State agreements and memorandums of cooperation, and through private employment agencies.

10.Tajikistan attaches special importance to gender aspects of labour migration. The National Development Strategy of Tajikistan for the period up to 2030 pays attention to gender-sensitive labour migration and plans to diversify external labour migration, including women.

11.During the reporting period, the Ministry of Labour, Migration and Employment, together with the International Organization for Migration (IOM), the United Nations Children’s Fund (UNICEF), the Food and Agriculture Organization of the United Nations (FAO) and United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) in Tajikistan, implemented various projects aimed at supporting women migrant workers and women from migrant worker households. For example, in August 2021, with the support of IOM, Tajikistan launched the project on empowerment of families left behind for improved migration outcomes to conduct research to improve the well-being of women from migrant worker families left behind, adopt measures to improve women’s economic resilience, remove barriers to gender equality and provide services to protect the rights of women and children of migrant workers.

12.Project beneficiaries were provided with medical and psychological services and training on the efficient use of land and water resources, and assistance in seeking alternative sources of income through skills development and access to employment, information and social services.

13.There are no significant movements of unaccompanied or separated migrant children in Tajikistan. Family members of migrant workers from Tajikistan, including children, usually remain in the country.

14.During the reporting period, Tajikistan undertook various legislative and practical measures to support children from migrant families, especially those left without parental care. For example, as part of the 2019–2021 project to protect children affected by migration in Southeast, South and Central Asia, with the cooperation of UNICEF, a referral and response mechanism was developed through local bodies in the cities of Kŭlob and Levakant to ensure access to services for vulnerable children, including children from migrant families. The project identified 439 vulnerable children (201 girls and 238 boys) in these districts, assessed their needs and provided assistance.

15.The following results have been achieved by the Ministry of Labour, Migration and Employment, in cooperation with IOM, under the project on empowerment of families left behind in the period between 2021 and 2023:

Eight hundred seventy-two children (457 girls, 415 boys) received birth certificates.

Nine hundred two persons (337 boys, 565 girls) received various skills training in Dusti district and Kŭlob.

Two hundred sixty-six parents (254 women, 12 men) received training in parenting skills training and psychosocial and emotional support.

Three hundred one women from migrant worker households received training and acquired professional skills.

Two thousand people were reached through information campaigns, and their awareness of child rights and migration issues was increased.

16.The coronavirus disease (COVID-19) pandemic had a negative impact on the country’s socioeconomic situation in migrant households. On 5 June 2020, Presidential Decree No. 1544 on reducing the impact of COVID-19 on socioeconomic spheres in Tajikistan was issued, which provided support for low-income families faced with a drop in income. As a result, about 3,000 children from migrant households without breadwinners received one-off assistance from the State.

17.In accordance with article 9 of the Migration Act (1999), a quota for immigration and recruitment of foreign workers in Tajikistan is established annually. This quota was not established between 2020 and 2022 because of the COVID-19 pandemic. The recruitment of foreign nationals for work was carried out in accordance with Presidential Decree No. 1544 on reducing the socioeconomic impact of COVID-19.

Number of foreign nationals working in Tajikistan under the quota between 2019 and the first 3 months of 2024
Year	Quota	Total	Number of women among them
2019	7 500 persons	6 700	2 752
2020		4 743	1 978
2021		5 777	2 341
2022		5 716	528
2023	7 500 persons	7 053	886
First 3 months of 2024	6 500 persons	1 047	161

18.Foreign nationals staying in Tajikistan with work permits were mainly employed in construction, geology, communications, industry and other sectors.

Measures taken to harmonize national legislation with the Convention

19.The Government of Tajikistan endeavours to effectively regulate labour migration processes in accordance with its international obligations and established programmes, policies and legislative acts. The main objective of the country’s efforts is to streamline labour migration and create optimal conditions for safe and legal migration to and from Tajikistan, and to provide social and legal support for migrant workers both in Tajikistan and in the main countries of destination for migrant workers from Tajikistan.

20.To this end, during the reporting period, the Government developed programmes and policies to optimize the benefits of organized labour migration, improve social and legal support for migrant workers both at home and abroad, and assist in the return of migrant workers from abroad.

21.After the completion of the labour migration strategy for Tajik workers for 2011–2015, the issues involving the regulation of labour migration in Tajikistan were integrated into the National Development Strategy for the period up to 2030, and partially integrated into other programmes and strategies.

22.In June 2023, the Government of Tajikistan adopted a new Strategy for the Regulation of Migration Processes in Tajikistan for the period up to 2040 (approved by Government Decision No. 309 of 30 June 2023). A medium-term action plan for 2023–2025 was also adopted to implement this Strategy.

23.The Strategy regulates various types of migration, includes measures to improve the legal framework, diversify labour migration from Tajikistan, build the capacity of the Migration Service and protect the rights of migrant workers. It also provides risk analysis and countermeasures to inform policy decisions on labour migration management.

24.In 2023, Tajikistan also adopted the National Human Rights Strategy for the period up to 2038 (approved by Government Decision No. 357 of 5 August 2023). The policy also includes a number of measures to promote the rights of migrant workers and members of their families, developed in response to the recommendations of United Nations treaty bodies on the regulation of labour migration and the protection of the rights of migrant workers. Thus, the action plan of the Strategy for 2023–2025 includes measures to improve the migration management system, collect statistical data on labour migration and strengthen the capacity of diplomatic and consular missions to provide quality assistance to migrant workers and their families.

25.Other policy programmes and documents adopted during the reporting period through which Tajikistan addresses the challenges of regulating labour migration processes include the following:

The Policy Framework for the Development of Productive Employment in Tajikistan for the period up to 2040 (approved by the Government Decision No. 263 of 28 May 2022), which focuses on improving the level of migrant workers’ human capital, creating a mechanism for migration management and ensuring sustainable links between migrants and their home country; the Framework includes measures to promote adult education and strengthen the network of employment agencies abroad.

The State Employment Promotion Programme for 2023–2027 and associated action plan for 2023–2025 (approved by Government Decision No. 135 of 28 March 2023); the Programme includes employment measures for vulnerable population groups, social measures for returning migrant workers and the promotion of women’s employment.

The National Plan to Combat Trafficking in Persons in Tajikistan for 2022–2024 (approved by Government Decision No. 55 of 26 February 2022) includes measures to prevent trafficking in persons, protect victims and improve legislation, data collection and international cooperation.

The Strategy to Combat Extremism and Terrorism in Tajikistan for 2021–2025 (approved by Presidential Decree No. 187 of 1 June 2021) highlights the potential risks faced by migrant workers and covers measures to improve State policies, introduce preliminary pre-departure training and address the negative consequences of labour migration.

The Public Healthcare Strategy of Tajikistan for the period up to 2030 (approved by Government Decision No. 414 of 30 September 2021) addresses HIV-related health issues of migrant workers and includes programmes to support returning migrants and their families, and also provides migrants with access to basic health services.

The National Climate Change Adaptation Strategy for the period up to 2030 (approved by Government Decision No. 482 of 2 October 2019) includes activities that reach women from migrant households who remain at risk due to climate change and related extreme circumstances.

Signature and ratification of international treaties relevant to the implementation of the Convention

26.The Constitution of Tajikistan establishes the principle of the primacy of international instruments over national legislation. In particular, article 10 provides that international legal acts recognized by Tajikistan are an integral part of the legal system and, if the provisions of national laws are inconsistent with international instruments, the rules of international law apply.

27.During the reporting period, Tajikistan ratified the Protocol of 2014 to the International Labour Organization (ILO) Forced Labour Convention, 1930 (No. 29), (approved by the Decision No. 1326 of 14 May 2019 of the Majlis-i Namoyandagon, the lower house of the Majlis-i Oli, the parliament of Tajikistan). This international instrument entered into force for Tajikistan in 2020. Under the Protocol, Tajikistan takes measures to protect migrant workers from possible abuses and fraudulent practices in the recruitment and hiring process.

International laws on labour migration

28.Tajikistan has concluded a number of agreements on labour migration through its membership of the Commonwealth of Independent States (CIS). In addition, Tajikistan has a number of bilateral agreements on labour migration with Central Asian countries and countries further abroad, including the following:

Agreement on cooperation in the field of labour migration and social protection of migrant workers in CIS countries, of 15 April 1994

Agreement between CIS member States on the procedure for investigation of occupational accidents occurring to workers while outside their State of residence, of 9 December 1994

Agreement on cooperation between CIS member States in the field of labour protection, of December 1994

Decision of the Interparliamentary Assembly of the CIS member States on labour migration in CIS countries, of 13 May 1995

Agreement on cooperation between CIS member States in combating illegal migration, of 6 March 1998

Agreement between the Government of Tajikistan and the Government of Kyrgyzstan on employment and social protection for migrant workers, of 6 May 1998

Policy framework on the gradual establishment of a common labour market and regulated labour migration in CIS member States, of 15 December 2000

Policy framework on collaboration between CIS member States in combating illegal migration, of 16 September 2004

Agreement between CIS member States on cooperation in the field of labour migration and social protection of migrant workers, of 15 April 1994 (as amended on 25 November 2005)

Declaration on a coordinated CIS migration policy, of 5 October 2007

Programme of cooperation between CIS member States on combating illegal migration 2009–2011, of 10 October 2008

Convention on the Legal Status of Migrant Workers and Members of Their Families of the States Members of the Commonwealth of Independent States, of 14 November 2008

Agreement on cooperation in the field of employment promotion of CIS member States, of 28 May 2021

Agreement between the Government of Tajikistan and the Government of the Russian Federation on employment of Tajik citizens in the Russian Federation and of citizens of the Russian Federation in Tajikistan and protection of their rights, of 16 October 2004

Agreement between the Government of Tajikistan and the Government of Kazakhstan on employment of Tajik citizens working temporarily in Kazakhstan and of Kazakh citizens working temporarily in Tajikistan and protection of their rights, of 5 May 2006

Programme of cooperation on labour exchange between the Government of Tajikistan and the Government of Moscow, Russian Federation, of 17 September 2007

Memorandum of cooperation on social protection between the Ministry of Labour and Social Protection of Tajikistan and the Ministry of Labour and Social Development of the Russian Federation, of 9 December 2002

Memorandum between the executive authorities of Khatlon Province, Tajikistan, and the municipal regions of Orenburg and Volgograd, Russian Federation, on labour migration, of 18 September 2007

Memorandum between the executive authorities of Sughd province, Tajikistan, and the city of Ivanovo, Russian Federation, on labour migration, of 18 September 2007

Memorandum between the executive authorities of Sughd Province, Tajikistan, and Altai and Krasnodar territories, Russian Federation, on labour migration, of 18 September 2007

Memorandum between the Migration Service of the Ministry of Internal Affairs of Tajikistan and the National Employment Commission of the Chamber of Commerce and Industry of Saudi Arabia, of 24 August 2009

Agreement between the Government of Tajikistan and the Government of Belarus on employment of Tajik citizens working temporarily in Belarus and of Belarusian citizens working temporarily in Tajikistan and protection of their rights, of 28 October 2011

Agreement between the Ministry of Labour, Migration and Employment of Tajikistan and the Ministry of Labour and Social Protection of the Russian Federation on cooperation in the field of labour and employment, of 27 February 2017

Memorandum of understanding between the Government of Tajikistan and the Government of the United Arab Emirates on the labour force, of 16 April 2018

Agreement between the Government of Tajikistan and the Government of Qatar on the regulation of the labour force in Qatar, of 3 February 2019

Agreement between the Government of Tajikistan and the Government of the Russian Federation on the organized recruitment of Tajik citizens for temporary employment in the Russian Federation, of 17 April 2019

Memorandum between the Ministry of Labour, Migration and Employment of Tajikistan and the publicly funded Moscow Multipurpose Migration Centre on the organized recruitment of Tajik citizens for temporary employment in Moscow, of 13 September 2021

Agreement between the Ministry of Labour, Migration and Employment of Tajikistan and the Federal Labour and Employment Service of the Russian Federation on information exchange, of 18 September 2021

Memorandum of understanding between the State Counselling and Pre-departure Training Centres for Migrant Workers and Sangju and Jeollabuk-do and Ilyang Opo Corp., Republic of Korea, on the recruitment of seasonal workers, of April 2022

Memorandum between the Ministry of Labour, Migration and Employment of Tajikistan and the Federal Passport and Visa Service of the Ministry of Internal Affairs of the Russian Federation, of 19 December 2022

29.A number of important agreements and arrangements were concluded during the reporting period as part of cooperation between the Russian Federation and Tajikistan aimed at improving conditions for labour migration, pension provision and the readmission of citizens of both countries, as follows:

In 2019, a new agreement was signed between the Russian Federation and Tajikistan on the organized recruitment of Tajik citizens for temporary employment in the Russian Federation (approved by Tajik Government Decision No. 161 of 15 April 2019).

In September 2021, Tajikistan and the Russian Federation signed the Treaty on Cooperation in the field of Pension Provision (the draft treaty was approved by Presidential Decree No. 240 of 24 August 2021). In order to implement this Treaty, Tajik Government Decision No. 282 of 26 June 2023 approved the Administrative Agreement between the Social Insurance and Pensions Agency under the Government of Tajikistan and the Ministry of Labour and Social Protection of the Russian Federation on the application of the Treaty between Tajikistan and the Russian Federation on Cooperation in the field of Pension Provision, of 14 September 2021.

In 2022, an agreement between the Government of the Russian Federation and the Government of Tajikistan on readmission and an executive protocol on the procedure for its implementation was concluded (Tajik Government Decision No. 281 of 26 June 2023).

In November 2023, a memorandum of understanding and cooperation on labour inspection and employment promotion was signed between the Ministry of Labour, Migration and Employment of Tajikistan and the Federal Service for Labour and Employment of the Russian Federation.

30.Tajikistan is actively developing cooperation with various countries and organizations involved in labour migration and entering into agreements and memorandums of understanding and cooperation in the field of labour migration:

In 2018, a memorandum of understanding was signed between the Government of Tajikistan and the Government of the United Arab Emirates in the field of labour (approved by Tajik Government Decision No. 493 of 10 October 2018).

In 2019, an agreement was signed between the Government of Tajikistan and the Government of Qatar on the regulation of the labour force in Qatar (approved by Tajik Government Decision No. 494 of 7 October 2019).

31.Given that the Republic of Korea is an attractive destination for many Tajik citizens, Tajikistan is actively negotiating with the Republic of Korea on an intergovernmental agreement on organized recruitment and employment of migrants in the Republic of Korea:

In 2022, a memorandum of understanding was signed between the State Counselling and Pre-departure Training Centres for Migrant Workers in Dushanbe and the administrations of Sangju and Jeollabuk-do and industries regarding the recruitment of Tajik citizens for seasonal work.

In 2022, agreements were concluded between the Ministry of Labour, Migration and Employment and Hampyeong County, South Jeolla Province, Republic of Korea, on employment of specialists from Tajikistan in the agricultural sector.

In 2023, the Committee on Foreign Labour Policy of the Republic of Korea included Tajikistan in the Employment Permit System as the seventeenth country. The parties are currently negotiating the signing of a memorandum of cooperation.

32.Tajikistan also provides support for its nationals to participate in the United Kingdom Seasonal Worker Scheme. In 2022, the operator of the Seasonal Worker Scheme, Pro-Force, entered into a cooperation agreement with the State Counselling and Pre-departure Training Centre for Migrant Workers in Dushanbe. In March 2023, another operator, HOPS Labor Solutions Ltd., also visited Tajikistan to conclude an agreement on the recruitment of migrants, with the assistance of State bodies. Through these operators, 764 Tajik citizens were employed in the United Kingdom in 2023. It is important to note that, in addition to employment through government channels, Tajik citizens also apply for the United Kingdom Seasonal Worker Scheme on their own. Thus, according to official information from the Home Office of the United Kingdom, about 10,717 Tajik citizens participated in the scheme between 2020 and 2023.

33.It is important to note that, in matters of employment in the United Kingdom, the State Counselling and Pre-departure Training Centre for Migrant Workers of the Migration Service cooperates with the Embassy of Tajikistan in the United Kingdom and IOM in Tajikistan, providing pre-departure counselling and support to migrants in the country of destination.

Measures taken to provide assistance to migrants abroad

34.A system for regulating labour migration has been established in Tajikistan. The Ministry of Labour, Migration and Employment, as the main authority in the area of labour migration, is responsible for coordination and oversight of this sphere. It has under its jurisdiction a number of organizations providing support to migrants at various stages of the migration process. These organizations include the Migration Service, which manages four Counselling and Pre-departure Training Centres for Migrant Workers in the regions of Tajikistan, the State Agency for Employment Abroad, the Representative Office of the Ministry of Labour, Migration and Employment in the Russian Federation, the State Adult Education Centre of Tajikistan and the Agency for Labour and Employment.

35.Initiatives aimed at preparing migrant workers for departure are being implemented under the authority of the Ministry, with support from the Asian Development Bank (ADB). One example of such cooperation is the project with ADB planned for April–June 2024. Six modern centres will be commissioned under the auspices of the Ministry and in collaboration with ADB, three of which are intended to train migrant workers. These centres will provide training in professions in demand on the labour market according to international standards, with the issuance of an international certificate. In addition, there will be language training (English, Russian and Korean), financial literacy training, and an introduction to the legislation, history and culture of the country to which migrant workers are to be employed.

36.In 2023, the representative office of the Moscow Multipurpose Migration Centre started its work in Dushanbe. The Centre’s main goal is to help Tajik citizens to find work in and around Moscow. The Centre conducts all the necessary checks, including assessment of professional skills and knowledge of the Russian language, and assists in issuing permits for employment in the Russian Federation. One of the Centre’s key objectives is to simplify the job search for migrant workers from Tajikistan and to facilitate the recruitment process for Russian employers.

III.Information regarding the Committee’s previous recommendations

Follow-up to paragraphs 11–13 of the concluding observations (CMW/C/TJK/CO/2)

37.As part of the implementation of the Committee’s recommendations, the Ministry of Labour, Migration and Employment, together with an interdepartmental working group that includes representatives of the relevant ministries and agencies, and international and civil society organizations, have drawn up a draft law on migration. During the reporting period, the draft law was the subject of public hearings (in 2019 and 2021) and, once proposals and amendments were taken into consideration, it was submitted to the Government for consideration.

38.Under the Action Plan for 2023–2025 on the Strategy for the Regulation of Migration Processes in Tajikistan for the period up to 2040, the Ministry of Labour, Migration and Employment, together with IOM and with the participation of other international and national experts, is now conducting an extensive, comprehensive analysis of the current legislation on migration. The main objective of these efforts is to propose amendments to existing laws regulating migration and to consider the possibility of developing and adopting separate laws on labour migration and the activities of employment agencies.

39.An interdepartmental working group operating under the National Human Rights Strategy for the period up to 2038 is currently studying the possibility of recognizing the competence of the Committee to consider communications.

Follow-up to paragraphs 14–15 of the concluding observations

40.The Strategy for the Regulation of Migration Processes in Tajikistan for the period up to 2040 was approved by the Government Decision No. 309 of 30 June 2023. Developed by an interdepartmental working group on the basis of the Government’s instruction, the Strategy consists of eight chapters and its implementation plan for 2023–2025 includes 66 items.

41.The Strategy is based on the principles set out in the Convention. These principles cover a wide range of issues, including respect for the rights and freedoms of migrants; the prevention of discrimination; ensuring safe, regulated and regular migration; access to consular and diplomatic protection; and medical assistance, in extreme cases. They also address the social and legal protection of migrant workers, the regulation of environmental migration and the protection of refugees.

42.In accordance with paragraph 13 of the Strategy’s action plan, a public council has been set up in the Migration Service. Its aim is to establish an effective system for cooperation and joint problem-solving in the field of migration. For this purpose, a working group has been established, consisting of representatives of government ministries, agencies and international and civil society organizations. A statute has been approved for the council, and its Chair, deputy chair and secretary have been elected.

Follow-up to paragraphs 16–17 of the concluding observations

43.The Ministry of Labour, Migration and Employment has the following bodies that work for the effective management of labour migration and State services for migrant workers:

The Migration Department

The Migration Service and its subdivisions in the provinces, cities and districts

The State Counselling and Pre-departure Training Centres for Migrant Workers in the cities of Dushanbe, Khorog, Khujand and Bokhtar

The State Agency for Employment Abroad and its branches in the regions

44.These organizations are represented in all the country’s cities and districts. They have modern equipment and are actively involved in providing State services to migrant workers.

45.The Ministry attaches great importance to the professional development of civil servants in the field of migration and governance. To that end, refresher courses were held for 110 specialists in various fields in 2023. These courses covered, for example, national legislation and international standards for the protection of human rights and migrant workers, public policy on migration and the contribution of labour migration to the economy.

46.The Academy of Public Administration attached to the Office of the President, with the support of IOM, is planning joint projects with the Migration Studies Centre. There are plans to expand the activities of this Centre in the coming years to ensure greater effectiveness in migration management.

Follow-up to paragraphs 18–19 of the concluding observations

47.Tajikistan has a legislative framework for collecting statistical data on labour migration.

48.The country’s statistical record of international migration takes into account a number of key indicators. First, data on arrivals and departures are analysed by country, taking into account the ethnic composition of the migrants. These data are further categorized by the migrants’ ethnic background and countries of arrival and departure. The following indicators are included in the statistical observation forms for labour migration: age and gender, level of education, profession, receiving country (for citizens of Tajikistan) and country of departure (for foreign nationals in Tajikistan), type of recruitment and employment and sectors/types of economic activity.

49.Migration statistics are collected by various government agencies. The Ministry of Internal Affairs is responsible for registering departing and arriving citizens and for the registration of foreign citizens. The border authorities of the State Committee on National Security collect the migration cards upon arrival and departure.

50.The Migration Service of the Ministry of Labour, Migration and Employment is responsible for statistics on labour migration, including records of work permits issued to foreign nationals and information on environmental migrants, refugees and internally displaced persons.

51.The Ministry of Foreign Affairs is in charge of counting the members of the diaspora and collects statistics on visas and invitations for foreign nationals. The Ministry of Education provides data on the number of foreign students in the country and the number of Tajik students studying abroad.

52.The Statistics Agency under the President’s Office conducts census research and receives aggregate migration data from government ministries and information on migrant workers from rural administrations. The 2020 census also included questions on migration. Specifically, information was collected on migrants’ length of residence at their place of permanent residence and about the different types of migration.

53.Tajikistan recognizes that there are gaps in migration statistics. These challenges include undercounting and disagreements about information-sharing between destination countries. In 2022, as part of a project for the modernization of the national statistical system, a consulting service was employed to improve the quality of statistical information in developing migration cards.

54.The Statistics Agency, together with the Ministry of Labour, Migration and Employment, conducts annual monitoring to check discrepancies with the data of the Central Migration Department of the Ministry of Internal Affairs of the Russian Federation, thus clarifying the sources and reasons for discrepancies in statistical data.

55.In addition, using the harmonized module on migration and remittances, in July–September 2019 the Statistics Agency, with financial and technical support from a grant from the Economic Commission for Europe, conducted a study on international migration and remittances, as part of the country’s household budget survey. This was the first national survey by the statistical agencies of Tajikistan to use a harmonized module on migration and remittances.

56.In order to ensure an accurate record of labour migration by Tajik citizens outside the country and of returnees, work is being done to ensure that the authorized body in the area of migration has access to the Unified Electronic Border and Visa Management Programme system. This activity is carried out under the Social Protection Modernization and Economic Inclusion Project of the World Bank.

Follow-up to paragraphs 20–21 of the concluding observations

57.The Office of the Commissioner for Human Rights is given the opportunity to act as an independent institution, as it is provided with the resources necessary to fulfil its mandate, in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). The Government of Tajikistan, while further developing the Office and ensuring its effective work, continues to work on enhancing its role, ensuring its full compliance with the Paris Principles and obtaining the resources required for it to fulfil its mandate.

58.In 2014, amendments were made to the Commissioner for Human Rights Act. The Commissioner’s powers were expanded. Specifically, the Commissioner was granted the right to consider and verify citizens’ communications on the right of access to information. In 2016, the Act was further amended so that the Commissioner could assist in the implementation of international human rights treaties. These amendments also grant the Commissioner the right to visit temporary detention facilities, pretrial detention centres, accommodation centres for foreign migrants or asylum-seekers, institutions providing social, medical or psychological assistance and other places of restriction of liberty.

59.The issue of obtaining A status in accordance with the Paris Principles is constantly discussed in consultations during the Commissioner’s working visits outside the country and in meetings with representatives of the relevant United Nations bodies. In particular, this issue was discussed during the working visit of the Commissioner to the United Nations Office at Geneva in July 2022 and during a meeting with the Deputy Chief of the National Institutions and Regional Mechanisms Section of the Office of the United Nations High Commissioner for Human Rights, Afarin Shahidzadeh Goudarzi, in Dushanbe in August 2022.

60.In October 2017, an interdepartmental working group was established in the Commissioner’s Office. It has been in permanent operation, with the participation of representatives of the Executive Office of the President, the Commissioner’s Office, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Justice and the lower house of the parliament. In 2023 alone, three meetings of this working group were held and the final version was prepared of a draft law on amendments to the Commissioner for Human Rights Act.

61.The Commissioner is establishing constructive cooperation with international and civil society human rights organizations. There has also been cooperation to develop draft laws, implement joint programme and strategic plans and establish working groups on human rights issues.

Follow-up to paragraphs 22–23 of the concluding observations

62.As part of the preparation and implementation of educational programmes on the rights of migrant workers and members of their families, the Ministry of Labour, Migration and Employment maintains fruitful cooperation with the relevant ministries and agencies and with international organizations, including IOM, ILO, the World Bank, the Asian Development Bank, the United Nations Development Programme, UN-Women, the Organization for Security and Cooperation in Europe, the Department for International Development, FAO, the German Agency for International Cooperation, the Office of the United Nations High Commissioner for Refugees, the United States Agency for International Development, the International Centre for Migration Policy Development, the Centre for Human Rights, Gender and Development, a voluntary association, and others.

63.The Ministry of Labour, Migration and Employment and its subdivisions develop education and training programmes on the rights of migrant workers and members of their families, in close cooperation with civil society organizations and development partners. Projects such as the PROTECT project to improve migration management and migrant protection in individual Silk Road and Central Asian countries, implemented by the International Centre for Migration Policy Development in 2020–2023, include pre‑employment and pre-departure information and orientation programmes for migrant workers. Under this project, a Migrant Resource Centre was established and its functions and scope of activities expanded. The PROTECT project, the second phase of improving migration management, is aimed at increasing cooperation with civil society organizations and the media in order to disseminate information on the rights of migrant workers and members of their families. The project has been implemented with the direct support of the Ministry of Labour, Migration and Employment and its subdivisions.

64.The Migration Service takes measures to involve representatives of State bodies in training programmes on the rights of migrant workers and members of their families. In 2023, IOM, with the support of the Migration Service, organized a round table on the migration policy of the Russian Federation and cooperation between institutions in that country and Tajikistan. The event was attended by representatives of various ministries and agencies, including the Constitutional Court, the Supreme Court, the Supreme Economic Court, the Office of the Procurator General, the Ministry of Internal Affairs, the State Financial Audit and Anti-Corruption Agency, the Narcotics Control Agency and the Customs Service.

65.To improve the level of preparation of migrant workers prior to their departure from Tajikistan, information and awareness-raising activities are regularly organized on various aspects of the migration legislation. From 2020 to 2023, the Counselling and Pre-departure Training Centres for Migrant Workers distributed 175,628 handouts on labour migration in the cities of Dushanbe, Bokhtar, Khujand and Khorog.

66.Migration Service officials hold meetings and discussions with representatives of government agencies and other relevant departments to explain the migration legislation and the rights of migrant workers. A significant number of such meetings were held between 2020 and 2023:

2020: 1,473 meetings, with 96,172 participants

2021: 2,920 meetings, with 248,529 participants

2022: 1,960 meetings, with 130,891 participants

2023: 2,271 meetings, with 148,369 participants

67.Information and awareness-raising work was also carried out with migrant workers prior to their departure:

2020: 239 meetings, with 13,618 participants

2021: 480 meetings, with 34,963 participants

2022: 487 meetings, with 22,795 participants

2023: 569 meetings, with 27,746 participants

68.Migration Service employees also regularly conduct information and awareness‑raising activities with citizens before they go abroad for temporary labour activity, at airports, railway stations and border crossings.

69.The websites of the Ministry of Labour, Migration and Employment and the Migration Service actively keep the population informed. Employment and Migration, a newspaper, also regularly publishes information materials for migrant workers. Between 2020 and 2023, 1,201 articles or reports on labour migration were published in Tajik and Russian on the websites of the Ministry and the Migration Service and in newspapers.

70.A Migrant’s Guide mobile app has been developed and provides important information at the three stages of migration: before departure, during work abroad and thereafter. The application makes available brochures on labour migration, necessary contacts and explanations of the laws of the destination country. Users can ask questions through an Always in Touch feature. The Migration Service actively reaches out to migrants to explain how to use the app and takes user feedback into account to improve it.

Follow-up to paragraphs 24–25 of the concluding observations

71.There is an ongoing dialogue between the Ministry of Justice and representatives of civil society, with the aim of improving the legislation. This is evidenced by their cooperation in drawing up amendments to the Public Associations Act. Amendments were introduced to the Act in 2015, with the broad participation of representatives of civil society. These amendments were made for the sole purpose of implementing the country’s international obligations arising from its participation in organizations such as the Financial Action Task Force (FATF), with the aim of combating money-laundering and the financing of terrorism.

72.Based on these amendments, and in cooperation with civil society, a procedure was drawn up and approved for checking the statutory activities of public associations in Tajikistan. The procedure is aimed at ensuring the transparency of their work and defines the range of rights, duties and powers of their supervisory bodies.

73.On 2 January 2019, with the broad participation of representatives of civil society, the Public Associations Act was amended, requiring voluntary associations every year to post on their website or on the website of the registering authority financial reports containing detailed information on income and expenses; to keep records of domestic and international transactions for at least five years after the end of business relationships; and to keep and submit to the registering authority information on the identity of persons controlling or managing their activities, including their founders and members of their governing or supervisory bodies.

74.It should be noted in particular that voluntary associations must notify the Ministry of Justice within 10 days if they receive grants or other foreign funding. Many of the FATF recommendations include an obligation for member States to ensure the financial transparency of State and non-State institutions, in order to prevent money-laundering. These recommendations particularly call for the adoption of the necessary legislation to combat money-laundering and the financing of terrorism.

75.It is also important to note that in Tajikistan the right to freedom of association is recognized as a fundamental human right. There is a legal framework that allows for the free and unhindered establishment and functioning of public organizations working both in social spheres and on human rights issues. On 24 December 2022, the amended Civil Code was adopted, and it entered into force on 1 July 2023. In accordance with a provision of the Code, the Ministry of Justice is currently drafting a bill on non-profit organizations. The bill will regulate social relations connected with non-profit organizations in respect of their establishment, the reorganization of their activities, the establishment of their rights and duties and their dissolution. After completion of the process for the discussion and adoption of this law, consideration will be given to the amendments to the Voluntary Associations Act. On 21 December 2023, the Ministry of Justice held a meeting with representatives of voluntary associations. At this meeting, the representatives of the associations were presented with a preliminary draft of the non-profit organizations act, and the proposals and comments of NGO representatives on the law’s finalization were heard. Work on this question is currently being carried out by the Ministry.

76.The Ministry of Justice cooperates closely with civil society to explain the provisions of the legislation governing public associations. Every year, the Ministry and its offices in the provinces hold round tables, seminars and other events with the participation of representatives of public associations. These events discuss human and civil rights and freedoms, the progress made during the period of State independence in the development of civil society and raising public awareness of the law.

Follow-up to paragraphs 26–27 of the concluding observations

77.The Ministry of Foreign Affairs has created all the favourable conditions for consideration of citizens’ submissions. Specifically, the reception rooms and reception halls of the Ministry, the Consular Department and consular posts abroad are equipped with video surveillance equipment and books for the registration of communications from individuals and legal entities.

78.In addition, the Consular Department of the Ministry has set up a queue management system in the reception hall to streamline the flow of individuals and legal entities filing applications. During meetings with compatriots abroad, the diplomatic missions and consular offices under the Ministry conduct explanatory work on combating corruption and its causes. Such actions are often organized by the embassies and consulates of Tajikistan in the Russian Federation and Kazakhstan, since a large number of Tajik citizens work there. At the same time, printed materials and information stands, as well as information on the hotlines and email contacts of the State Financial Audit and Anti-Corruption Agency, are made available in the reception halls for citizens, and the telephone numbers of diplomatic missions and consular offices and their email addresses are included. In addition, depending on the location of the diplomatic missions and consular offices, posters with the telephone numbers of officials (mobile phone numbers and social network contacts), are placed in the halls where citizens are received (in the Ministry representative offices abroad). People can also file statements officially, through the emails of the country’s foreign representative offices. Such communications are accepted on the basis of the Communications from Legal Entities and Individuals Act. They are given consideration within the time limits established by the Act.

79.In addition, the central office of the Ministry receives all applicants from Monday to Friday, in accordance with the duty schedule of the contractual and legal department’s staff, and it provides them with legal consultations. Officials at the Ministry receive citizens on Saturdays. All their communications are recorded in a registration book and are considered in accordance with the requirements of the Communications from Individuals and Legal Entities Act. During the reception of individuals and legal entities, work is carried out to explain the efforts to counter corruption and the factors that cause it.

80.For consular services, applicants who are foreign citizens or stateless persons residing abroad can apply for a visa for Tajikistan through the http://www.visa.gov.tj website; consular services are rendered once a bank receipt issued by the Amonatbank Savings Bank, a State unitary enterprise, is received. The leadership of the Ministry and of its subdivisions hold regular consultations with employees to analyse corruption risks, prevent situations that could give rise to corruption and combat such dangerous phenomena. Such action is taken by the diplomatic missions and consular offices of Tajikistan, not only with employees, but also with Tajik citizens residing in foreign countries (especially in the Russian Federation and Kazakhstan). At such meetings, staff of the foreign representative offices of the Ministry explain the requirements of Tajik legislation on combating corruption, its factors and consequences.

81.In order to better involve civil society, including migrant workers and members of their families, in combating corruption, employees of the State Financial Audit and Anti-Corruption Agency held 212 meetings during this period at ministries and departments, local executive bodies of State power, settlement and village subdistricts and remote districts, and also at other enterprises and organizations.

82.In order to ensure transparency in the authorities’ activities, inform the public and thereby eliminate the causes of corruption and conditions conducive to it, the official website of the State Financial Audit and Anti-Corruption Agency, www.anticorruption.tj, publishes information on the results of the disclosure of corruption offences. In addition, the Agency uses social networks and an Internet front desk to receive electronic submissions from individuals and legal entities. In 2023, the Agency established a single contact centre, accessible using the short phone number 15-00.

83.In order to interact with citizens and protect their rights and interests, every six months the Agency, together with mobile phone companies, sends out messages to subscribers with information on the prevention of corruption using the hotline, the official website and email.

84.To ensure transparency, video cameras and other equipment have been installed at all Migration Service reception offices and at the Service’s local offices, and at the representative office for migration in the Russian Federation of the Ministry of Labour, Migration and Employment. Hotlines are also available 24 hours a day at the central office of the Migration Service, its offices in cities and districts and the representative office of the Ministry. Citizens of Tajikistan can thus seek advice on labour migration, violations of rights and other issues.

85.Taking into account the improvement of information and awareness-raising work among migrant workers and their families in the process of combating corruption (printing of banners, booklets, broadcasting of television programmes, access to the hotline, email, etc.), Migration Service officials, together with specialized structures, carry out a number of activities. News, reports and announcements on television and radio are continuously broadcast. During the reporting period, the Counselling and Pre-departure Training Centres for Migrant Workers in Dushanbe, Bokhtar, Khujand and Khorog printed and posted banners and distributed booklets on anti-corruption issues during meetings with the population, in particular migrant workers. News, reports and announcements in the field of labour migration are also constantly covered through the website of the Ministry and the Migration Service, and using television and radio.

Follow-up to paragraphs 28–29 of the concluding observations

86.The prohibition of discrimination against migrant workers engaged in temporary employment in Tajikistan is constantly monitored by the Ministry of Labour, Migration and Employment, and work is constantly carried out in this area with the relevant ministries and departments.

87.The Migration Service and its entities in the cities and districts have held reception events for citizens, including foreign nationals, who can put forth requests on all issues related to labour migration. One of the main activities of the Migration Service is the reception and counselling of migrant workers who are citizens of Tajikistan. Citizens may file their submissions orally, in writing or by telephone. Between 2020 and 2023, 135,194 citizens contacted the Migration Service; 129,661 did so orally, 314 in writing and 5,220 via the hotline.

88.Generally, the foreign nationals most often file applications for work permits. All submissions are considered and explained to them in accordance with the legislation in force.

89.Act No. 1890 of 19 July 2022, the Equality and Elimination of All Forms of Discrimination Act, was adopted and brought into force in order to fully realize the goals and principles of the country’s domestic policy on human rights and freedoms, to improve the mechanism for implementing the constitutional principle of equality of all before the law and to fulfil the international obligations of Tajikistan as a party to the main international human rights treaties establishing the principle of non-discrimination.

90.The Act defines equal rights and opportunities for all, includes mechanisms for protection against discrimination and assigns the task of overseeing the promotion of equality and the elimination of discrimination to the Office of the Commissioner for Human Rights. The Commissioner is given a number of powers; these include helping to improve the legislation, monitoring the observance of rights and conducting educational activities. Victims of discrimination can file complaints with the Office of the Commissioner.

91.As part of the implementation of the Equality and Elimination of All Forms of Discrimination Act, the Commissioner for Human Rights has established close cooperation with government bodies, development partners and public organizations working in this area. Specifically, work is now under way to harmonize the country’s legislation with the Act. To that end, an interdepartmental working group has been set up consisting of representatives of the Executive Office of the President, the Ministry of Justice, the Office of the Procurator General, the Committee for Women’s and Family Affairs and the Office of the Commissioner for Human Rights.

92.The Office of the Commissioner for Human Rights approved a plan for information campaigns in 2023 explaining the Equality and Elimination of All Forms of Discrimination Act. As part of this plan, information sessions were held in 13 cities and districts of the country, including Dushanbe, Khujand, Bokhtar, Penjikent, Khorog, Tursunzoda and Isfara, and in Rasht and Shughnon districts. There are plans to hold such meetings also in the Darvoz, Balkhi, Rasulov and Lakhsh districts and subdistricts. These information campaigns reach out to representatives of local executive bodies, law enforcement agencies, the clergy, civil society, the media and institutions of higher education in these regions.

93.The Office of the Commissioner for Human Rights publishes articles and organizes media appearances to provide legal education to the public, including migrant workers, on questions of equality and non-discrimination.

Follow-up to paragraphs 30–31 of the concluding observations

94.Access to justice is ensured in Tajikistan. The Ministry of Justice is actively developing free legal aid, with the support of international partners. The Judicial Reform Programme for 2019–2021, adopted by Presidential Decree No. 1242 of 19 April 2019, and the Framework for the Provision of Free Legal Aid, adopted by Government Decision No. 425 of 2 July 2015, reaffirm the desire to improve the justice system.

95.One of the means of ensuring access to justice in the country is the institution of free legal aid provided by State lawyers of the Legal Aid Centre, a State institution under the Ministry of Justice. Free legal aid is currently provided in 47 cities and districts of the country, and in all legal matters. State lawyers also provide legal assistance in relation to violence against women, domestic violence and all forms of discrimination. Foreign nationals and migrant workers in the country are able to apply for free legal aid.

96.The Legal Aid Centre was established to provide free legal aid to vulnerable groups, to identify an effective and low-cost model for primary free legal aid and to determine the best mechanism for the provision of free, qualified, secondary legal aid by lawyers. According to statistics for the period 2020–2024, 1,331 migrant workers requested assistance from the Legal Aid Centre. Of the total, 361 women and 970 men applied for help in family, civil, land-related and criminal matters. The statistics indicate that a significant number of cases were related to family and criminal law.

97.In 2020, the Legal Aid Act was adopted. It regulates relations in the field of legal aid, thus ensuring access to such assistance. Guidelines and quality of care requirements have been approved, and public information activities have been conducted.

Follow-up to paragraphs 32–35 of the concluding observations

98.In accordance with the recommendation aimed at safeguarding the rights of migrant workers and members of their families in administrative proceedings, article 150 (3) of the Code of Procedure on Administrative Offences was amended by replacing the words “one day” with “seven days”: under the Code, as amended, a decision on the administrative deportation of foreign nationals or stateless persons may be appealed within seven days of being handed down.

99.Furthermore, article 154 of the Code provides that an appeal against a decision suspends its execution, with the exception of the execution of a decision imposing a penalty of administrative detention. In addition, the penalties provided for under article 499 (3) of the Code of Administrative Offences – pursuant to which it is an administrative offence for refugees and asylum-seekers to violate the rules for staying in Tajikistan – have been amended to delete the words “and deportation from Tajikistan”. The administrative penalty of administrative deportation from Tajikistan is therefore neither handed down nor applied to refugees and asylum-seekers.

100.It should also be noted that the Labour Code has been amended and a decision of the Plenum of the Supreme Court on the implementation of Tajik labour legislation by the courts during the consideration of individual labour disputes was adopted on 12 November 2021 with a view to establishing a uniform procedure for the proper implementation of the provisions of international treaties and national legislation. The decision provides explanatory guidance on access to justice and mechanisms for safeguarding the rights of migrant workers to submit complaints, get legal aid and obtain redress.

Follow-up to paragraphs 36–37 of the concluding observations

101.The consular offices of the Ministry of Foreign Affairs in the Russian Federation are the official institutions that provide legal assistance to Tajik citizens. The Tajik diplomatic missions that operate in the Russian Federation are the Embassy of Tajikistan in Moscow, the Consular Service of Tajikistan in Moscow and the Consulates General of Tajikistan in Saint Petersburg, Novosibirsk, Yekaterinburg and Ufa. In addition, there is a representative office of the Ministry of Labour, Migration and Employment in the Russian Federation, which also provides legal assistance to Tajik citizens. Representative offices of Tajikistan in countries of destination for migrants actively cooperate with governmental and non‑governmental organizations and with the diaspora.

102.The opening of consulates general in Saint Petersburg and Novosibirsk has made it simpler for Tajik citizens to obtain documents in those regions. It has become less time-consuming for Tajik migrant workers in the Russian Federation to receive services.

103.The COVID-19 pandemic negatively affected Tajik migrant workers in destination countries, as it did all migrants worldwide. With the support of IOM, during the first months of border closures in Uzbekistan and Kazakhstan the Ministry of Labour, Migration and Employment, the Ministry of Foreign Affairs, Tajik consular offices in Kazakhstan and the Russian Federation and other competent Tajik authorities helped more than 600 Tajik nationals who were stranded at the Kazakh-Uzbek border to return home. In total, with the assistance of IOM, 3,007 Tajik nationals stranded at the Jıbek-Joly crossing point on the Kazakh-Uzbek border were returned home during the COVID-19 pandemic.

104.The consular offices of Tajikistan in the Russian Federation also helped their citizens to return home and assisted those in temporary detention centres for foreign nationals in obtaining access to healthcare and food. It was noted in particular that, in the first five months of 2020 alone, nine flights from the Russian Federation to Tajikistan were chartered, more than 20,000 Tajik citizens were assisted in obtaining access to food and more than 600 Tajik citizens detained in temporary detention centres for foreign nationals were returned home.

105.Although consular services assisting Tajik nationals, like similar institutions in many countries, encountered technical and logistical difficulties in the first six months of the COVID-19 pandemic, this has helped to improve the early warning system that Tajik consular offices operate for nationals and migrant workers.

Follow-up to paragraphs 38–39 of the concluding observations

106.Protecting the rights and interests of Tajik citizens abroad is one of the primary tasks of offices of the Ministry of Foreign Affairs located in other countries. Such rights and interests are protected under international treaties recognized by Tajikistan and the country of residence and by bilateral international agreements or conventions. Despite the large number of communications received from Tajik citizens, Tajik diplomatic missions and consular offices address the problems encountered by compatriots in a timely manner.

107.In order to be aware of the conditions in which Tajik nationals in places of temporary detention for foreign nationals are being held and to ensure that their rights are respected in foreign countries where a significant number of Tajik citizens are present (especially in the Russian Federation and Kazakhstan), competent Ministry officials visit temporary detention facilities for foreign nationals where Tajik citizens are being held and, where necessary, provide them with food and other basic necessities.

108.The embassies and consulates of Tajikistan work together with the ministries of foreign affairs of host countries and representatives of those countries in consular and other competent bodies to protect the rights and interests of Tajik citizens in those countries and obtain remedies where those rights and interests have been infringed upon. Significant efforts are made by the trade unions of host countries – especially those of the Russian Federation, which is the State that receives the majority of Tajik migrant workers – to fully protect the rights of migrant workers and members of their families abroad. It should be noted that the Russian Federation of Migrants is now fully engaged in activities intended to safeguard the rights of migrant workers and members of their families, which has led to the establishment of trade unions for the first time in various sectors of the economy. There is also a branch of the Federation in Tajikistan.

109.The Trade Union of Tajikistan is a member of the General Confederation of Trade Unions, an international voluntary trade union association formed to consolidate action to protect citizens’ social and labour rights and interests, to help uphold the rights and guarantees relating to the activities of trade unions and to strengthen international trade union solidarity. The Confederation comprises national and sectoral trade union associations from Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, the Republic of Moldova, the Russian Federation, Tajikistan and Uzbekistan, with approximately 30 million trade union members in total. Coordinated action taken by member organizations of the Confederation includes holding solidarity demonstrations, formulating a common position on the most pressing issues and sending communications, statements and memorandums to government agencies of countries in the region on emerging issues relating to the lives of workers and trade union activity.

110.Against the background of ongoing changes in socioeconomic processes and the labour market, issues that have been considered by the Confederation include globalization and the impact of those processes on the situation of workers in independent States, regulation of social and labour issues at transnational companies, labour and the environment, and the role of trade unions in the development of the so-called green economy. Trade unions in the region have formulated a common position on issues such as agency labour, the informal economy, wages and the minimum wage, the introduction of professional standards, the tax system, occupational safety and health, pensions, the health system and public-private partnerships.

Follow-up to paragraphs 40–41 of the concluding observations

111.The authorized Tajik entities closely monitor efforts to ensure that migrant workers and members of their families living outside the country participate actively in elections. Pursuant to the relevant regulations, all representative offices of Tajikistan abroad are required to facilitate the organization and holding of these events and to ensure that all Tajik citizens abroad participate in them. As part of the organization and holding of the elections to the Majlis-i Oli on 1 March 2020 and the presidential elections on 11 October 2020, 39 polling stations were set up by Tajik embassies and consulates in 29 countries and voting was facilitated for citizens and their families as needed pursuant to the Constitutional Act on Elections to the Majlis-i Oli and Constitutional Act on the Election of the President.

Follow-up to paragraphs 42–43 of the concluding observations

112.There are currently various ways to transfer money from abroad to Tajikistan and vice versa. One such way is to transfer money through the Unistream and Western Union payment systems, which are connected to the national processing centre for money transfers of the National Bank of Tajikistan, without the need to open a bank account. Another way is to transfer funds from one payment card to another from abroad to Tajikistan and back through the Visa Direct service (for Visa cards) or the MoneySend service (for Mastercard cards).

113.Holders of bank cards that use the Visa and Mastercard international payment systems can make transfers through automatic teller machines (ATMs), banks and Internet banking and mobile applications to holders of such cards in Tajikistan. It is also possible to transfer from card to card using the mobile applications of Russian banks such as Sberbank Online, Tinkoff Bank, VTB Online and others. Such services allow migrant workers to transfer money to their families in Tajikistan using bank cards issued by any credit institution in the country.

Follow-up to paragraphs 44–45 of the concluding observations

114.Following this recommendation, the education directorates of Kŭhistoni Badakhshon Autonomous Province, Sughd and Khatlon Provinces, centrally administered cities and districts and the Directorate General of Education of Dushanbe have developed and are implementing action plans to protect the rights of children of migrant workers. Pursuant to the requirements of the Action Plan on the Protection of the Rights of Children of Migrant Workers, local city and district authorities and subject and class teachers of general education establishments have designated a classroom for individual study and completing homework and arranged visits to migrant workers’ homes in cooperation with a commission for the protection of children’s rights. Pupils whose parents have migrated for work are supervised by the administrative staff of general education establishments and class teachers are required to inform the pupils’ guardians about their children’s attendance and academic performance.

115.Discussions and other activities related to the Act on Parental Responsibility for the Education and Upbringing of Children and the Prevention of Domestic Violence Act, especially with regard to bringing up and educating girls, have been held with parents and guardians. As a result, girls are participating in groups at provincial educational establishments and further education centres, where they are engaging in pastimes such as cooking, sewing and chess and participating in other groups for technical activities. Other matters discussed at the meeting included fostering heightened national and spiritual awareness; educating and bringing up students and teenagers; preventing criminal acts, terrorism and extremism; active participation in national and international competitions and Olympiads and involving more children in additional activities during summer holidays; preventing undesirable behaviour, vagrancy and delinquency among teenagers and students and involving more of them in intellectual and sporting activities; and raising awareness about the situation of children whose parents have migrated for work.

116.A total of 420 meetings have been held in regions and districts and in the city of Dushanbe, reaching 103,860 people. It was discovered that 71,350 parents – including, in some cases, both parents in a family – were currently abroad after migrating for work. Given the importance of that issue, in 2022, an interdepartmental working group was formed from representatives of the Executive Office of the President, the Ministry of Justice and the Ministry of Education and Science to draft amendments to existing legislation with a view to strengthening the mechanism for the treatment of children. The working group has developed proposals for draft laws amending the Family Code, the Communications from Individuals and Legal Entities Act and the Children’s Rights Act. These laws were signed by the President on 3 January 2024.

117.Furthermore, appropriate amendments have been made to the Children’s Rights Act concerning the use of threats or violence against a child, the right of the child to protection and the right of the child to express his or her views. For example, article 11 (1) has been amended with the addition of a third sentence, which reads: “It is prohibited to use threats or violence against a child.”

Follow-up to paragraphs 46–47 of the concluding observations

118.It should be noted that, during this period, Tajikistan continued and improved cooperation with the relevant agencies of countries receiving migrant workers, including the Russian Federation, to address labour migration issues and protect the rights and interests of migrants. Labour migration was discussed at working meetings of the Intergovernmental Commission on Economic Cooperation between Tajikistan and the Russian Federation held on 22 November 2022 in Dushanbe and 18 December 2023 in Moscow, at the twenty-sixth session of the Council of Heads of Migration Agencies of the States Members of the Commonwealth of Independent States, which was held virtually on 18 February 2022, and the twenty-seventh session of the Council, which was held on 27 September 2023 in Tashkent.

119.The Government cooperates effectively with the Federal Labour and Employment Service of the Russian Federation to ensure that wages are paid in a timely manner to Tajik citizens who are temporarily working in Russia and that prompt action is taken to recover arrears of wages owed to Tajik citizens.

120.Pursuant to Government Decision No. 554 of 13 December 2013, a draft protocol amending the Agreement between the Government of Tajikistan and the Government of the Russian Federation of 17 April 2019 on organized recruitment of Tajik citizens for temporary employment in the Russian Federation was negotiated at the domestic level with a view to creating an appropriate legal framework to facilitate, for example, medical examinations, fingerprint identification and photographing of Tajik citizens in Tajikistan and the provision of primary and secondary vocational training under the programmes of the Russian Federation.

Follow-up to paragraphs 48–49 of the concluding observations

121.There are currently 46 companies that are licensed by the Migration Service to recruit Tajik citizens and send them abroad as migrant workers. It should be noted that companies managed to provide 12,297 migrant workers with jobs outside the country in 2023. During this period, including under existing agreements with foreign employers, the State Agency for Employment Abroad arranged employment abroad for 6,463 citizens at the request of employers in foreign countries, including 4,983 in the Russian Federation, 56 in Kazakhstan, 735 in Türkiye, 30 in Latvia, 44 in Lithuania, 56 in Saudi Arabia, 20 in Belarus, 60 in Romania, 205 in Poland and 15 in Japan. The Agency also arranged employment abroad for 3,925 citizens in the period 2020–2022.

122.The Migration Service of the Ministry of Labour, Migration and Employment regularly conducts joint operations to identify persons engaged in illegally sending workers abroad and recruiting foreign workers in Tajikistan in order to implement the law on inspections of economic entities and comply with its provisions. Work to raise awareness of measures for preventing offences of that nature is also carried out among employees of companies.

123.Furthermore, it should be noted that, in accordance with the plans for regional practices of the Collective Security Treaty Organization, a special operation to combat the migration of criminals is conducted annually in two stages by the Ministry of Internal Affairs, the State Committee on National Security and the Migration Service of the Ministry of Labour, Migration and Employment in order to improve the effectiveness of migration policy implementation and counter illegal migration.

124.During those operations, checks are made on permanent residences and communities in Tajikistan where foreign nationals live or work. It should also be noted that, in accordance with articles 138, 470, 497 and 499 of the Code of Administrative Offences, reports of administrative offences are drawn up and appropriate measures are taken in respect of foreign nationals and their employers who violate the rules governing the stay of foreign nationals in Tajikistan. In the period 2020–2023, reports of administrative offences were drawn up by Migration Service officials in respect of 416 foreign nationals for violations of the rules governing the stay of foreign nationals in Tajikistan under article 138 (2) and (3) of the Code.

125.The main conclusions to be drawn are that the migration policy pursued by Tajikistan is well supported by a range of coherent national and international legislative measures, which increases its overall relevance in view of current migration flows, while it has some advantages and disadvantages. The country has a robust legal and regulatory framework, including licensing regulations and a migration policy strategy, which is a strength based on a number of factors that complement labour policy. Tajikistan also makes efforts to cooperate with the Russian Federation and other countries of destination for migrants, signing important agreements on migration issues such as recruitment systems and pensions.

Follow-up to paragraphs 50–51 of the concluding observations

126.It should be noted that migrant workers make a very significant contribution to ensuring the country’s sustainable economic development, and thereby to reducing poverty and creating new jobs which provide the population with permanent employment. In this regard, State employment agencies have been entrusted with promoting permanent employment for returning migrant workers.

127.The Employment Promotion Programme for the period 2023–2025, which was approved by Government Decision No. 135 of 28 March 2023, contains individual, specific points for addressing the existing problems faced by migrant workers, providing them with more extensive professional training, encouraging civil society involvement, assisting migrant workers in finding jobs and establishing a favourable regulatory environment to ensure that migrant workers and members of their families are able to pursue their activities effectively.

128.In 2023, 142,254 citizens contacted labour and employment agencies. A total of 106,579 of them were registered as job applicants and 60,305 were recognized as officially unemployed. In the course of implementing the measures of the State Employment Promotion Programme, 72,798 citizens were provided with jobs, 51,327 persons were involved in vocational training and 15,714 unemployed citizens received unemployment benefits. The remaining 2,415 citizens contacted the employment services about various matters, including obtaining certificates of unemployment.

129.In the same period, 30,741 returning migrants contacted labour and employment agencies. A total of 12,348 of them were provided with permanent employment, 11,212 received vocational training, 729 were recruited for paid community service, 440 received a preferential loan for self-employment and 6,012 citizens received professional advice. Some 4,766, or 15.5 per cent, of the total number of returning migrants who contacted labour and employment agencies were women.

130.Furthermore, in the period 2022–2023, 1,718 persons were involved in vocational training in 16 pilot cities and districts as part of the project to improve the employment status and income of Tajik migrants in Tajikistan. In the period 2021–2024, the Ministry of Labour, Migration and Employment conducted a project in collaboration with the German Agency for International Cooperation to improve the employment and income situation of migrant workers in the country. Under the project, professional training was provided and a mentoring system was established with a view to improving the employability and reintegration of returning migrants.

131.The project provided support to approximately 3,708 beneficiaries in total, of whom a significant proportion were women. Adult education centres were supplied with training and information technology equipment, while training in mentoring was provided to successful returning migrants, who in turn helped other migrant workers to reintegrate.

132.An FAO pilot project for promoting inclusive economic growth through matching grants for families of migrants is part of this process and is intended to develop the agricultural sector and improve social protection for migrants and their families. These efforts are contributing to economic development and inclusive growth in Tajikistan.

Follow-up to paragraphs 52–53 of the concluding observations

133.Tajikistan recognizes trafficking in persons as a serious crime that grossly violates human and civil rights and freedoms. More than 23 international instruments for countering this crime have been implemented, 8 of which were adopted by Tajikistan alongside other CIS member States and more than 15 of which were adopted by government bodies of Tajikistan.

134.In 2019, article 130-1 of the Criminal Code was amended to incorporate provisions of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

135.The Government has developed national plans for a comprehensive approach to combating trafficking in persons. Under those plans, 42 ministries and agencies are implementing relevant measures. Since 2019, National Plans to Combat Trafficking in Persons have been adopted, for the periods 2019–2021 and 2022–2024, which is currently being implemented.

136.The Interdepartmental Commission to Combat Trafficking in Persons operates on a permanent basis to coordinate the aforementioned ministries and agencies. In the period 2019–2023 the Commission took the following action:

The 227-07-07-07 and 98-010-55-55-55 hotlines, which citizens can call to report offences and receive advice on issues related to trafficking in persons, were established. The Commission has an official website that provides information on measures taken to combat trafficking in persons.

More than 6 studies and 15 teaching aids on combating trafficking in persons for law enforcement and court officials have been produced.

Annual courses on combating trafficking in persons have been conducted for more than 1,000 cadets of the Academy of the Ministry of Internal Affairs and students of Tajik National University, as have advanced training courses for more than 700 active law enforcement and court officials.

A database containing information on perpetrators of trafficking in persons and victims of that crime has been created.

In March 2023, the functions of the Interdepartmental Commission to Combat Trafficking in Persons were transferred to the Ministry of Internal Affairs.

137.Under the leadership of the Ministry of Internal Affairs, the following objectives related to combating trafficking in persons have been accomplished:

Preparation of 13 draft laws and regulations, provisions and decisions of the Plenum of the Supreme Court

Holding of the first high-level national conference, with the participation of deputy ministers, committee Chairs and representatives of international and community-based organizations

Organization of outreach events in all regions of the country, reaching more than 300,000 inhabitants, including high school graduates, migrants and women, during which more than 5,000 handouts were distributed

Provision of advanced training on combating trafficking in persons to more than 500 law enforcement and court officials

Holding of than 30 seminars on combating trafficking in persons

Provision of financial support and preferential loans to potential victims of trafficking in persons, including women and unemployed citizens, amounting to more than 20 million somoni

Inspection of travel agencies, medical institutions performing organ and tissue transplant operations, and recruitment agencies, which resulted in institutions that had broken Tajik law being held to account

Monitoring of the Internet by law enforcement officials and the Government Communications Service to detect cases of recruitment for the purpose of exploitation

Strengthening of cooperation with international and community-based organizations working in this area

138.It should be noted that, in the period 2019–2023, Tajik law enforcement agencies identified and solved 391 cases related to trafficking in persons, including:

Four cases under article 130 (Kidnapping) of the Criminal Code

One hundred and eighteen under article 130-1 (Trafficking in persons)

Three under article 131 (Unlawful deprivation of liberty)

Forty-five under article 167 (Sale of children)

Two hundred and seventeen under article 335-2 (Organization of illegal migration)

Two under article 339 (3) (Theft of or damage to documents)

Two under article 340 (3) (Forgery, manufacture or sale of counterfeit documents, State honours, stamps, seals, or forms for purposes of trafficking in persons)

A total of 164 criminal cases related to trafficking in persons opened against 170 accused persons (116 women and 54 men) during the reporting period, with law enforcement agencies identifying 409 victims of trafficking in persons (158 women and 244 men)

139.Providing assistance to victims of trafficking in persons is also an important component of State policy for combating that crime. Since 2021, the National Social Service Centre for Victims of Trafficking in Persons and Domestic Violence under the Ministry of Health and Social Protection has been providing assistance to victims. During this period, the shelter has provided assistance – including psychological, medical and social assistance, food and shelter accommodation for up to 6 months – to 37 victims of trafficking in persons (3 in 2021, 9 in 2022 and 25 in 2023). The Umed network, which consists of 21 community-based organizations, also provides assistance to such persons. In the period 2019–2023, more than 450 victims of trafficking in persons were assisted by those organizations.

140.During this period, 27 victims of trafficking in persons (25 women and 2 men) were returned to Tajikistan from the United Arab Emirates, Türkiye, Saudi Arabia, India, Kazakhstan and the Russian Federation through cooperation between competent State bodies and IOM. Work in this area is ongoing.

Follow-up to paragraphs 54–56 of the concluding observations

141.It should be noted that the bodies of migrant workers are currently repatriated free of charge by domestic airlines. The execution of the National Action Plan for the Implementation of the Recommendations of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families for the period 2020–2024 is monitored continuously by the Government and relevant ministries and departments.

142.Paragraph 41 of the Action Plan for 2023–2025 on the Strategy for the Regulation of Migration Processes in Tajikistan for the period up to 2040 provides for the establishment of a social fund to support migrant workers and members of their families. Pursuant to a government instruction, a working group composed of representatives from competent ministries and departments has been established to draft the necessary regulatory and legal instruments for governing the activities of the fund. In addition, plans have been made with the support of the International Centre for Migration Policy Development to study the experience of countries that have similar funds and to give consideration to matters such as the sources of financing, purposes and mechanism for spending the resources of the fund.

143.Information on the status of implementation of the Committee’s recommendations is compiled every six months and disseminated to government bodies and representatives of civil society. The national reports of Tajikistan on the implementation of ratified human rights conventions are regularly published in the media and on the official website of the Commissioner for Human Rights. In its section entitled “Human rights-related issues”, the official website of the Ministry of Foreign Affairs of Tajikistan provides a link to the relevant page of the website of the Commissioner for Human Rights and also to the website of the Government Commission on International Human Rights Obligations (http://khit.tj), which includes the international human rights instruments recognized by Tajikistan, all the recommendations of the treaty bodies of the United Nations and the results of their implementation.