Date of publication:

04/22/2025

Tajikistan

Do domestic laws and policies provide the right of recourse to effective administrative or judicial remedies for forcibly displaced and stateless persons that are denied just and favorable conditions at work?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Tajikistan's legal framework offers some protections for refugees, particularly under international agreements like the 1951 Refugee Convention and its 1967 Protocol, which recognize refugees' right to work. However, refugees may face practical challenges in accessing employment and labor rights due to their legal status, bureaucratic hurdles, discrimination, or exploitation. While the Labor Code provides labor rights for all workers, refugees may experience difficulty exercising these rights, especially if they are in a temporary status.

Refugees can file complaints with the State Labour Inspectorate regarding unsafe or exploitative conditions, but accessing this process may be complicated by legal awareness issues, language barriers, or lack of resources. Judicial recourse is possible, but financial and legal barriers may hinder refugees from pursuing it effectively. Overall, while legal protections exist, refugees face significant challenges in securing just and favorable working conditions in Tajikistan.

    LAW & POLICY

    Related provisions of domestic law or policy

    Constitution of the Republic of Tajikistan
    • Year: 1994
    • 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/node/32040

    Legal provision

    Article 19 - Judicial protection

    Everyone is guaranteed judicial protection. Every individual has the right to demand that their case be considered by a competent, independent, and impartial court established in accordance with the law. No one may be subjected to detention or arrest without legal grounds. From the moment of detention, a person has the right to legal counsel.

    Civil Procedure Code of the Republic of Tajikistan

    Legal provision

    Article 387 - Procedural Rights and Obligations of Foreign Persons

    Foreign citizens and stateless persons, foreign organizations, and international organizations (hereinafter referred to as "foreign persons") may apply to the courts of the Republic of Tajikistan to protect their violated or disputed rights, freedoms, and legitimate interests. Foreign persons enjoy procedural rights and fulfill procedural obligations on an equal basis with citizens and organizations of the Republic of Tajikistan. Cases involving foreign persons are considered in accordance with this Code, other regulatory legal acts, international legal instruments recognized by the Republic of Tajikistan, as well as based on agreements between the parties. The Government of the Republic of Tajikistan may establish reciprocal restrictions on foreign persons from states that impose similar restrictions on the procedural rights of citizens and organizations of the Republic of Tajikistan.

    Law of the Republic of Tajikistan on the Legal Status of Foreign Citizens and Stateless Persons

    Legal provision

    Article. 21 - Protection of the Rights of Foreign Citizens and Stateless Persons

    Foreign citizens and stateless persons in the Republic of Tajikistan have the right to appeal to the court and other state authorities for the protection of their rights. Foreign citizens and stateless persons enjoy procedural rights in court on an equal basis with citizens of the Republic of Tajikistan.