Article 130(1) - Human Trafficking

1) The buying or selling of a person, as well as engaging in other illegal transactions involving them, regardless of the victim’s consent, for the purpose of exploitation or obtaining illegal profit by other means, including offering, recruiting, transporting, harboring, transferring, or receiving a person through coercion, deception, abuse of official position, abuse of trust or the victim’s vulnerable state, or bribing a person on whom the victim depends— is punishable by imprisonment.... Note: A person who has committed acts under Parts 1 or 2 of this article but voluntarily reports the offense to the relevant authorities and releases the victim, provided that their actions do not constitute another crime, shall be exempt from criminal liability.

Article No.167 - Child Trafficking

1) Any act or transaction by which a child is unlawfully transferred by parents, another legal representative, or any other person (group of persons) under whose permanent or temporary care the child is placed, to another person (group of persons) for monetary compensation or other remuneration with the purpose of exploitation, obtaining material or other benefits, or for illegal adoption, regardless of the methods used shall be punishable by imprisonment for a term of five to eight years with confiscation of property. 2) The act described in the first part of this article, if committed: a) repeatedly; b) by a group of persons in prior conspiracy; c) against two or more minors; d) with the use of violence dangerous to life and health or with the threat of such violence; e) for the purpose of removing the victim’s organs or tissues for transplantation, or for their illegal use in reproductive purposes or biomedical research; f) by an official or representative of authority using their official position, or by another person performing managerial functions in a commercial or other organization; g) with the transportation of the victim across the state border of the Republic of Tajikistan shall be punishable by imprisonment for a term of eight to twelve years. An act described in parts one or two of this article, if it: a) resulted in the death of the minor victim of trafficking or other grave consequences; b) was committed by an organized group; c) was committed under conditions of a particularly dangerous recidivism shall be punishable by imprisonment for a term of twelve to fifteen years. Note: A person who has committed acts described in part one or two of this article, who voluntarily reports the offense to the relevant authorities and releases the child trafficking victim, shall be exempt from criminal liability if their actions do not contain elements of another crime.

Article No.32 - Legal status of children victims of human trafficking

1) Children who are victims of human trafficking are ensured the rights and freedoms guaranteed by the legislation of the Republic of Tajikistan and international legal acts recognized by Tajikistan that regulate children's rights and guarantees for their realization. 2)The state ensures the protection and assistance for a child victim of human trafficking from the moment the crime is committed against them, including after their identification as a victim of human trafficking, until their full social adaptation and rehabilitation. This assistance is provided regardless of the child’s willingness to cooperate with government authorities in identifying and investigating the crime and prosecuting human traffickers. 3) Once a child is granted the legal status of a victim of human trafficking, they are immediately referred to the authorities and institutions authorized by the legislation of the Republic of Tajikistan to provide protection and assistance to children affected by human trafficking. If the victim’s age is unknown, but there are objective reasons to believe that they are under eighteen years old, they are entitled to the special legal guarantees provided by this law and other regulatory legal acts of the Republic of Tajikistan for assisting child victims of human trafficking until their actual age is determined. 4) The status of a victim of human trafficking is granted to a child based on an application submitted by the child, their legal representative, a representative of guardianship or custody authorities, or a representative of the relevant specialized institution. This applies regardless of the child's consent. For children aged fifteen and older, the status is granted based on their own application or an application from the aforementioned representatives, with the child’s voluntary and informed consent. 5) Measures for the social adaptation and rehabilitation of child victims of human trafficking are carried out regardless of their consent. However, for children aged fifteen and older, these measures require their consent and/or the consent of their legal representatives or guardianship authorities. 6) If a child victim of human trafficking has no parents or other legal representatives, the guardianship and custody authorities must immediately appoint a guardian in accordance with the legislation of the Republic of Tajikistan. This guardian will make all decisions in the child's best interests, act on their behalf, and participate in all criminal and judicial proceedings until a final decision is made in the child’s best interests. 7) A child victim of human trafficking has the right to reside in a specialized state or non-state institution, or another specialized social service institution that provides services to children in socially dangerous situations or other difficult life circumstances. This right applies for up to six months or throughout the judicial proceedings in which they are involved as a victim, and, if necessary, after the proceedings until the child is fully socially adapted and rehabilitated. Children placed in such specialized institutions are accommodated in conditions created specifically for them, taking into account their social and age-related needs, and they are housed separately from adult victims of human trafficking. 8) Children in the specialized institutions mentioned in Part 7 of this article have additional rights to receive the following free services: - Notification of their parents (or other legal representatives) about their placement in a specialized institution; - Maintaining contact with their family through postal correspondence, telephone conversations, and visits, provided it does not compromise their safety; - Assistance in locating their parents or other legal representatives; - Provision of food, clothing, footwear, and other essential items necessary for their health and well-being; - Access to general and basic vocational education; - A range of additional services that ensure the child’s physical and mental development, taking into account their physiological and psychological characteristics. 9) The additional rights specified in Part 8 of this article also apply to persons of unknown age until they are identified as adults, provided there are sufficient grounds to believe that they are under eighteen years old. 10) Specialized state and non-state institutions, as defined in Article 29 of this law, develop and implement special programs for the identification, social adaptation, and rehabilitation of child victims of human trafficking housed in these institutions. They ensure the children’s safety and strictly maintain the confidentiality of information regarding the child’s identity and victim status. 11) Children who are victims of human trafficking, including those in specialized state and non-state institutions, are guaranteed the right to education in state general and basic vocational education institutions or specialized educational institutions, in accordance with the legislation of the Republic of Tajikistan on education. 12) In cases where child victims of human trafficking are left without parental care or do not know the whereabouts of their parents, state authorities responsible for assisting trafficking victims must immediately begin searching for the child’s family and take measures to establish guardianship or custody in accordance with the legislation of the Republic of Tajikistan.

Article No.33 - Procedure for Informing About Child Victims of Human Trafficking

1) To ensure the protection of children's rights, the Interdepartmental Commission or territorial commissions, executive bodies of state power, local self-government bodies of towns and villages, state and non-state specialized institutions, and other organizations possessing information about the whereabouts of a child victim of human trafficking must immediately inform the child's parents (legal representatives), guardianship and trusteeship authorities, and law enforcement agencies. 2) If the bodies, organizations, and institutions specified in part 1 of this article have information about the residence or whereabouts of the parents or other legal representatives of a child victim of human trafficking, information about the child's location must be sent to them and to the guardianship and trusteeship authority at the child's last known residence within 12 hours of their discovery. If there is no information about the parents or other legal representatives of the child, the corresponding notification must be sent to the guardianship and trusteeship authority at the child's last known residence. 3) Authorities and organizations responsible for preventing juvenile delinquency and neglect must, within their competence: - Ensure the protection of the rights and legal interests of child victims of human trafficking; - Protect them from all forms of discrimination, physical or psychological violence, abuse, mistreatment, sexual and other exploitation; - Identify children who are potential victims of human trafficking; - Immediately report any violations of Tajikistan's laws in this field that come to their attention in the course of their professional or official duties to the following: - Prosecutor’s Office: Violations of the rights and freedoms of child victims of human trafficking; - Commission on Children's Rights: Cases of violations of child victims' rights to education, work, rest, housing, and other rights; - Guardianship and Trusteeship Authorities: Identification of children who are potential victims of human trafficking, including those left without parental or legal guardian care or those in conditions that contribute to their involvement in trafficking; - Internal Affairs Bodies: Identification of parents or legal representatives who commit unlawful acts related to child trafficking; - Healthcare and Social Protection Authorities: Identification of potential child victims of human trafficking in need of medical examination, observation, or treatment due to crimes or offenses committed against them, as well as those requiring state assistance due to homelessness or neglect, and families in socially dangerous situations; - Education and Science Authorities: Identification of potential child victims of human trafficking who need state assistance due to running away from orphanages, boarding schools, or other childcare institutions, or due to unexcused absenteeism from school; - Youth and Sports Authorities: Identification of potential child victims of human trafficking in socially dangerous situations who require assistance in organizing recreation, leisure, or employment; - Tourism Development Authorities: Identification of potential child victims of human trafficking who, due to activities in tourism agencies, modeling agencies, or other sectors, find themselves in socially dangerous situations. 4) Failure to report relevant information about child victims of human trafficking to the authorities specified in parts 1-3 of this article serves as grounds for holding individuals and legal entities accountable. 5) The information specified in parts 1-3 of this article must be stored and used in a manner that ensures its confidentiality. Unauthorized disclosure of such information is grounds for holding the responsible persons accountable as prescribed by the legislation of the Republic of Tajikistan.