Date of publication:

01/08/2026

Tajikistan

Do domestic laws and policies protect forcibly displaced and stateless persons from discrimination on any grounds?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The issue of preventing discrimination is regulated by various legal and regulatory acts. In particular, the principle of non-discrimination toward asylum seekers and refugees is explicitly enshrined in Article 3(1) of the Law of the Republic of Tajikistan "On Refugees."

Additionally, Part No. 2 of Article No.4 of the Law of the Republic of Tajikistan "On Equality and the Elimination of All Forms of Discrimination" states that any person or group of persons who believe they have been subjected to discrimination has the right to seek protection of their rights in court and other state authorities. They may also demand fair and adequate compensation for damages caused by discrimination. Part 3 of the same article guarantees equal and effective legal protection against discrimination and obliges the state to take measures to ensure equality and eliminate all forms of discrimination.

A significant role in preventing discrimination, including violence and other manifestations of it, is played by Article No. 189 of the Criminal Code of the Republic of Tajikistan. This article establishes criminal liability for actions aimed at inciting social, racial, national, regional, or religious (confessional) hatred and discord, degrading dignity based on these characteristics, as well as for promoting the exclusivity or superiority of citizens based on these grounds. If such actions are carried out publicly, through mass media, or via telecommunications networks, including the internet, they are considered criminal offenses.

Furthermore, Article No.143 of the Criminal Code of the Republic of Tajikistan provides for liability for the deliberate direct or indirect violation or restriction of citizens' rights and freedoms, as well as for granting direct or indirect advantages based on gender, race, nationality, language, social origin, property or official status, place of residence, religion, beliefs, or membership in political parties and public associations. If such actions cause harm to the rights and legitimate interests of a citizen, they are also recognized as criminal offenses.

    LAW & POLICY

    Related provisions of domestic law or policy

    Law of the Republic of Tajikistan on Refugees

    Legal provision

    Article No.3.1 - Principles of work with asylum-seekers and refugees

    Work with asylum-seekers and refugees is based on the following principles: - Non-discrimination; - Non-refoulement; - Family reunification; - Confidentiality; - Priority to protect the interests of vulnerable persons. (Law No1124 of 26.07.14)

    Criminal Code of the Republic of Tajikistan

    Legal provision

    Article 189 - Incitement of Hatred or Enmity

    Actions aimed at inciting social, racial, national, regional, or religious (confessional) hatred or enmity, degrading racial, national, religious (confessional), or regional dignity, as well as propaganda of exclusivity and superiority of citizens based on their religious (confessional), linguistic, racial, national, or regional affiliation, committed publicly or through mass media, or electronic communication networks, including the Internet, within a year after the application of an administrative penalty for the same offenses - shall be punished by imprisonment.

    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.

    Law of the Republic of Tajikistan On Equality and the Elimination of All Forms of Discrimination

    Legal provision

    Article 4 - Right to Equality and Effective Protection Against All Forms of Discrimination

    1) In the Republic of Tajikistan, all individuals are equal before the law and the courts and have the right to effective protection against all forms of discrimination. 2) Any individual or group of individuals who believe they have been subjected to discrimination have the right to appeal to judicial and other state authorities for the protection of their rights, as well as the right to fair and appropriate compensation or redress for any damage caused by discrimination. 3) The state guarantees equal and effective legal protection against discrimination and takes measures to promote policies and programs aimed at ensuring equality and eliminating all forms of discrimination.