Date of publication:
01/08/2026
Tajikistan
Do domestic laws and policies protect forcibly displaced and stateless persons from harm and discrimination on the basis of their ethnic, religious, political, sexual or gender identity or orientation?
Assessment by population
Analysis
Yes, since any form of discrimination is prohibited in the country, this is also emphasized in Part No. 2 of Article No. 3 of the Law of the Republic of Tajikistan on the Legal Status of Foreign Citizens and Stateless Persons, which states that foreign citizens and stateless persons in the Republic of Tajikistan are equal before the law, regardless of nationality, race, gender, language, religious beliefs, political views, social status, education, or property. Moreover, Article No. 16 of this same law guarantees freedom of conscience to foreign citizens and stateless persons, on par with the citizens of the Republic of Tajikistan, and prohibits inciting hatred and hostility based on religious affiliation.
Furthermore, it is important to note that according to Article No. 143 of the Criminal Code of the Republic of Tajikistan, intentionally direct or indirect violations or restrictions of rights and freedoms, or the establishment of direct or indirect advantages for citizens based on gender, race, nationality, language, social origin, personal, property, or official status, place of residence, attitude toward religion, beliefs, or affiliation with political parties or public organizations, which causes harm to the rights and lawful interests of a citizen, is considered a criminal offense punishable by law.
Related provisions of domestic law or policy
Law of the Republic of Tajikistan on the Legal Status of Foreign Citizens and Stateless Persons
- Year: 2018
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2018/ru/150041?prevDestination=search&prevPath=/search?keywords=Law+on+Education&order=desc&sm_country_name%5B%5D=Tajikistan&sort=score&page=2&result=result-150041-en
Legal provision
Part No. 2 of Article 3 - Legal Status of Foreign Citizens and Stateless Persons in the Republic of Tajikistan
1) Foreign citizens and stateless persons in the Republic of Tajikistan enjoy the rights and freedoms established by law and bear obligations and responsibilities on an equal basis with the citizens of the Republic of Tajikistan, except in cases provided by the legislation of the Republic of Tajikistan. 2) Foreign citizens and stateless persons in the Republic of Tajikistan are equal before the law, regardless of nationality, race, gender, language, religious beliefs, political position, social status, education, or property. 3) In relation to citizens of states where the rights and freedoms of citizens of the Republic of Tajikistan are restricted, the Republic of Tajikistan may impose appropriate restrictions. 4) The exercise of rights and freedoms by foreign citizens and stateless persons in the Republic of Tajikistan must not harm the interests of the state, the rights, or the legitimate interests of the citizens of the Republic of Tajikistan and other persons.
Article 16 - Freedom of Conscience
1) Foreign citizens and stateless persons are guaranteed freedom of conscience on an equal basis with the citizens of the Republic of Tajikistan. 2) It is prohibited to incite hostility and hatred based on religious affiliation.
Criminal Code of the Republic of Tajikistan
- Year: 1998
- Type: Domestic law
- Rights Category: Asylum, Liberty & security of person
- Link to external source: https://www.refworld.org/node/147473
Legal provision
Article 143 - Violation of Equality of Citizens
1) Intentional direct or indirect violation or restriction of rights and freedoms, or the establishment of direct or indirect advantages for citizens based on gender, race, nationality, language, social origin, personal, property, or official status, place of residence, attitude towards religion, beliefs, affiliation with political parties, public associations, which causes harm to the rights and legitimate interests of a citizen, is punishable by a fine of two hundred to five hundred calculation indicators or imprisonment for up to two years. 2) The same actions committed by a person: a) with the use of violence or threats of violence; b) by abusing their official position, are punishable by imprisonment for a period of two to five years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years.