Date of publication:

01/08/2026

Tajikistan

Do domestic laws and policies protect forcibly displaced and stateless persons from harm and discrimination on the basis of their ethnic, religious, political, sexual or gender identity or orientation?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Stateless persons
Analysis

Guarantees against discrimination and violent treatment are provided in many national legal acts, where the principle of non-discrimination and equality holds a fundamental position. For example, Article No. 143 of the Criminal Code of the Republic of Tajikistan states that the intentional violation or restriction of rights and freedoms, or the establishment of advantages for citizens based on gender, race, nationality, language, social origin, property status, place of residence, religious beliefs, convictions, or political or public affiliation, which harms the rights and legitimate interests of citizens, is a criminally punishable offense.

Additionally, paragraph (e) of Article No.62 of the Criminal Code of the Republic of Tajikistan lists aggravating circumstances, one of which is the commission of a crime motivated by local, national, racial, or religious enmity, religious fanaticism, or revenge.

Finally, another mechanism for preventing discrimination is Article No.189 of the Criminal Code of the Republic of Tajikistan, which states that actions aimed at inciting social, racial, national, regional, or religious enmity, humiliating the dignity of citizens based on their racial, national, religious, or regional affiliation, as well as promoting the idea of the exclusivity or superiority of certain groups of citizens, committed publicly or through mass media, including the internet, are criminal offenses punishable by law.

    LAW & POLICY

    Related provisions of domestic law or policy

    Criminal Code of the Republic of Tajikistan

    Legal provision

    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.

    Article No.62 - Circumstances Aggravating Punishment The following circumstances are recognized as aggravating punishment

    a) Repeated commission of a crime, recidivism, or engaging in criminal activities as a profession; b) Causing severe consequences by the crime; c) Committing a crime as part of a group of persons, a group by prior conspiracy, an organized group, or a criminal association (criminal organization) (as amended by the Law of the Republic of Tajikistan; d) Playing a particularly active role in committing the crime; e) Involving persons in the commission of a crime who are known by the perpetrator to suffer from mental disorders or are intoxicated, as well as involving minors and underage individuals; f) Committing a crime motivated by local, national, racial, or religious hatred, religious fanaticism, revenge for the lawful actions of others, as well as to conceal another crime or facilitate its commission; g) Committing a crime against a woman known by the perpetrator to be pregnant, as well as against a minor, an underage person, or another defenseless or helpless individual, or a person dependent on the perpetrator; h) Committing a crime against a person or their close relatives in connection with their official or public activities; i) Committing a crime by a person who thereby violated an oath or professional vow; j) Committing a crime with particular cruelty, sadism, mockery, or torture of the victim; k) Committing a crime using weapons, ammunition, military equipment, explosives, explosive or imitation devices, specially made technical means, toxic and radioactive substances, medical and other chemical-pharmacological preparations, or in a publicly dangerous manner; l) Committing a crime using emergency conditions, natural or other public disasters, as well as during mass riots; m) Committing a crime while in a state of alcohol, drug intoxication, or under the influence of psychotropic and other intoxicating substances; n) Committing a deliberate crime against one's parents; o) Committing a crime out of selfish or other base motives. Depending on the nature of the crime, the court has the right not to recognize the circumstances specified in paragraphs "a," "m," and "n" as aggravating. If a circumstance listed in the first part of this article is already provided as a qualifying feature of a crime in the relevant article of the Special Part of this Code, the court may not consider it again as an aggravating circumstance. When imposing a punishment, the court may not recognize circumstances not specified in this Code as aggravating.

    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.