Date of publication:

01/08/2026

Tajikistan

Do domestic laws and policies provide forcibly displaced and stateless persons who face violations of their right to freedom of movement and choice of residence the right of recourse to effective administrative or judicial remedies?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

According to the essence of Articles No. 19 and No.21 of the Constitution of the Republic of Tajikistan, everyone, including refugees, is guaranteed judicial protection and the right to have their case examined by a competent, independent, and impartial court, as well as the right to compensation for any harm suffered. 

According to Article No.12 of the Refugee Law of the Republic of Tajikistan, a person recognized as a refugee, along with their family members who arrive with them, has the right to enjoy other rights provided by the legislation of the Republic of Tajikistan for foreign citizens and stateless persons who are permanently residing in the Republic of Tajikistan.

Based on this, Article No.387 of the Civil Procedure Code of the Republic of Tajikistan is also applicable in this case. It states that foreign citizens and stateless persons can apply to the courts of the Republic of Tajikistan to protect their violated or contested rights, freedoms, and legal interests, and they enjoy procedural rights on par with the citizens of the Republic of Tajikistan. Additionally, according to Article No.32 of the Law of the Republic of Tajikistan 'On Advocacy and Legal Practice,' refugees have the right to free legal assistance provided by lawyers.

    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 21 - Protection of the victim

    The law protects the rights of the victim. The state guarantees the victim judicial protection and compensation for the damage inflicted.

    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.

    Law of the Republic of Tajikistan on Refugees

    Legal provision

    Article 12 - Rights and Duties of an Individual Recognized as a Refugee

    1. An individual recognized as a refugee and their accompanying family members have the right to: Receive information about their rights and duties, as well as other information in accordance with this Law; Reside in the Republic of Tajikistan for the duration of their refugee status, in the locations determined by the Government of the Republic of Tajikistan; Exclusion; Settle independently with a citizen of the Republic of Tajikistan or a foreign citizen or stateless person permanently residing in the Republic of Tajikistan, in accordance with the laws of the Republic of Tajikistan; Exclusion; Participate in integration programs developed by the State Migration Authority; Receive medical care, employment, or engage in business activities, in accordance with the regulatory legal acts of the Republic of Tajikistan, unless otherwise specified; Receive primary and secondary education; Receive assistance from the State Migration Authority in obtaining information about relatives residing in the country of the refugee's citizenship or previous place of residence; Apply to the internal affairs authorities at their place of residence for assistance in obtaining travel documents for themselves and their family members, in coordination with the national security authorities of the Republic of Tajikistan; Obtain a residence permit and other relevant documents at the internal affairs authorities at their place of residence in the prescribed manner; Submit an application for permanent residence in the Republic of Tajikistan based on grounds unrelated to their refugee status or for acquiring citizenship of the Republic of Tajikistan in accordance with the legislation of the Republic of Tajikistan; Voluntarily return to their country of citizenship (previous place of residence); Leave for another country for residence; Receive financial and other assistance as determined by the Government of the Republic of Tajikistan; Enjoy other rights provided by the legislation of the Republic of Tajikistan for foreign citizens and stateless persons permanently residing in the Republic of Tajikistan. 2. An individual recognized as a refugee and their accompanying family members are obliged to: Comply with the requirements of the Constitution of the Republic of Tajikistan, this Law, and other regulatory legal acts of the Republic of Tajikistan; Register with the internal affairs authorities at their place of residence no later than three working days after receiving their refugee certificate, if settling independently; After receiving a temporary settlement directive from the State Migration Authority, leave for the designated settlement location within three working days, and register at the local internal affairs authority within three working days of arrival; Provide the State Migration Authority with information about changes in their surname, first name, family composition, marital status, acquisition of Tajik citizenship or citizenship of another state, or obtaining permanent residence status in the Republic of Tajikistan no later than one working week after the change; Notify the State Migration Authority of any intent to change their place of residence within the Republic of Tajikistan or leave the country; Upon changing their residence, deregister from the internal affairs authority and register at the new place of residence within three working days; Undergo annual re-registration within the time frames established by the State Migration Authority; Fulfill other duties provided by the legislation of the Republic of Tajikistan for foreign citizens and stateless persons permanently residing in the Republic of Tajikistan.

    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 advocacy and legal practice"

    Legal provision

    Article 32 - Provision of Free Legal Assistance

    Members of the Bar Association of the Republic of Tajikistan provide free legal assistance to: Plaintiffs in courts of first instance in cases concerning the recovery of alimony and reinstatement at work; Persons with disabilities, individuals who lost their breadwinner during political and military conflicts in Tajikistan, and refugees; Citizens filing complaints regarding errors in voter lists; Deputies of representative bodies of state power when consulting on legislative matters related to their parliamentary duties; Minors without a guardian or custodian; Conscripts for military service and active-duty servicemen; Other cases as provided by the legislation of the Republic of Tajikistan. The list of documents required to obtain free legal assistance is determined by the legislation of the Republic of Tajikistan.