Date of publication:

03/27/2025

Tajikistan

Do domestic laws and policies recognize the right to adequate housing?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Yes, according to Article No. 36 of the Constitution of the Republic of Tajikistan, there is a general principle that states everyone has the right to housing. This right is ensured through state, public, cooperative, and individual housing construction. Furthermore, it should be noted that Tajikistan's domestic laws and policies recognize the right to adequate housing for refugees. The "Law of the Republic of Tajikistan on Refugees" outlines the legal framework for the protection of refugees' rights, including provisions related to housing. Specifically, the law defines a "place of temporary residence" as a location designated for the temporary accommodation of asylum-seekers and their family members who are applying for or have been granted refugee status. This indicates a legal acknowledgment of the need to provide housing solutions for refugees.

However, in practice, unfortunately, these legal guarantees are not implemented. For example, state-run temporary accommodation centers for refugees are still not operational in the country, and there is not any other alternative governmental support in refugees' accommodation what forcing them to find housing on their own. Moreover, the provisions of Resolution No. 325 of the Government of the Republic of Tajikistan, which establishes a list of permitted places of residence for asylum seekers and refugees, further complicate their access to adequate and safe housing. The adequacy of these living conditions often varies, and some accommodations may fail to meet standard living and safety requirements.

As a result, asylum seekers and refugees are deprived of government support in this matter and are forced to independently search for and arrange temporary housing. At the same time, if problems arise due to violations of contract terms or their premature and unjustified termination by unscrupulous landlords, the competent state authorities do not assist refugees in protecting their right to housing. The primary assistance in this matter is provided by the Office of the UNHCR or its partner NGOs.

    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 No.36 - Right to Housing

    Everyone has the right to housing. This right is ensured through the implementation of state, public, cooperative, and individual housing construction programs.

    Decree No.325 of the Government of the Republic of Tajikistan on the list of settlements in which asylum-seekers and refugees are not allowed to reside temporarily in the Republic of Tajikistan

    Legal provision

    Decree No.325 of the Government of the Republic of Tajikistan on the list of settlements in which asylum-seekers and refugees are not allowed to reside temporarily in the Republic of Tajikistan - Generic

    Decree No.325 of the Government of the Republic of Tajikistan on the list of settlements in which asylum-seekers and refugees are not allowed to reside temporarily in the Republic of Tajikistan - Generic