Last Change:
01/12/2026
Law of the Republic of Tajikistan on Combating Human Trafficking and Providing Assistance to Victims of Human Trafficking
Year: 2014
Type: Domestic law
Rights Category: Liberty & security of person
Description
Закон Республики Таджикистан о противодействии торговли людьми и оказании помощи жертвам торговли людьми.
Selected provisions
6. The Ministry of Foreign Affairs of the Republic of Tajikistan:
Collects information about children adopted by citizens of the Republic of Tajikistan, who are permanent residents outside the Republic of Tajikistan, by foreign nationals, and stateless persons. It studies their living conditions and informs the Ministry of Education and Science of the Republic of Tajikistan about this every six months.
Cooperates with organizations providing assistance for the rehabilitation of victims of human trafficking, working to protect the rights and legitimate interests of citizens of the Republic of Tajikistan located outside the country who have become victims of human trafficking, and facilitates their return to Tajikistan.
Provides information to government authorities of the countries where citizens of the Republic of Tajikistan reside regarding the Republic of Tajikistan’s legislation on combating human trafficking, and disseminates information about measures being taken in Tajikistan to combat human trafficking, including the rights of trafficking victims.
Immediately ensures the processing and issuance of documents for entry into the Republic of Tajikistan for victims of human trafficking who are citizens of the Republic of Tajikistan, stateless persons residing in the Republic of Tajikistan, and foreign nationals and stateless persons who have been granted refugee status or political asylum in the Republic of Tajikistan.
Article No.7 of the Law on Combating Human Trafficking and Assisting Victims of Human Trafficking includes a provision requiring the identification of victims of human trafficking, including among asylum seekers. However, for other categories of individuals, the relevant national legislation does not establish such requirements.
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.
If a foreign citizen or a stateless person is recognized as a victim of a crime related to human trafficking, they shall not be subject to administrative expulsion from the Republic of Tajikistan during the entire period of criminal proceedings concerning the crime committed against them. If a victim of human trafficking wishes to leave the Republic of Tajikistan, assistance shall be provided in obtaining the necessary documents, covering transportation and other essential expenses, and offering recommendations on reducing the risk of becoming a victim of human trafficking in the destination country. A foreign citizen or a stateless person recognized as a victim of human trafficking has the right to apply for a residence permit during the entire period of criminal proceedings related to the crimes committed against them, in accordance with the legislation of the Republic of Tajikistan. When considering an application for a residence permit, the following circumstances are taken into account: the victim’s cooperation with law enforcement authorities, the nature and severity of the harm inflicted by the crime, the duration of the victim’s status as a victim of human trafficking, as well as the real risk of the victim returning to the same situation or being persecuted by traffickers after repatriation to their country of origin or permanent residence. Based on a written request from the person recognized as a victim of human trafficking and a written statement from the relevant investigative, pre-trial, and judicial authorities confirming their cooperation with law enforcement in cases related to human trafficking, their stay in the Republic of Tajikistan may be extended for up to one year after the completion of legal proceedings. A residence permit in the Republic of Tajikistan shall not be granted to victims of human trafficking who are adult foreign citizens or stateless persons whose identity cannot be established. Measures shall be taken for their administrative expulsion from the Republic of Tajikistan. A victim of human trafficking who is granted a residence permit acquires the status of an immigrant and enjoys all the rights and obligations associated with this status. The repatriation of victims of human trafficking to their country of origin or permanent residence is carried out in accordance with international legal instruments recognized by Tajikistan.
1) To ensure the safety of a victim of human trafficking and protect their rights and legal interests, the state guarantees the provision of a set of services for social adaptation and rehabilitation to the individual, regardless of their willingness to cooperate with law enforcement and the judiciary in the prosecution of traffickers. This includes temporary accommodation in state and non-governmental specialized institutions for a period of up to two months.
2) A person recognized as a victim of human trafficking in the manner established by this Law shall not be placed in detention, pre-trial detention facilities, penal institutions, or other places of isolation.
3) Education and science authorities ensure, with the consent of the victims of human trafficking, their participation in general education and vocational programs, as well as other educational programs developed for social adaptation, rehabilitation, and prevention of revictimization of human trafficking victims, in collaboration with executive bodies authorized to perform supervisory functions in the fields of healthcare, social protection, labor, and employment.
4) Social adaptation and social rehabilitation of human trafficking victims are financed from state and local budgets, the Fund, and other sources of funding.
5) Entities involved in combating human trafficking take measures to prevent revictimization of trafficking victims, including by exercising social control over the progress and outcomes of social adaptation and rehabilitation for victims who have left specialized institutions and, if necessary, take additional steps to provide them with assistance.
Article No. 19 - The Rights of a Person Who Has Suffered from Human Trafficking, Before Being Recognized as a Victim of Human Trafficking.
Article No. 20. Legal Status of a Victim of Human Trafficking.
Article No. 21. The Procedure for Granting the Legal Status of a Victim of Human Trafficking.
Article No. 22. Confidentiality of Information About the Victim of Human Trafficking.
Article No.23. The Rights of a Victim of Human Trafficking, Recognized as a Victim or Witness in a Criminal Case Involving Human Trafficking.
Article No. 24. Special Procedural Guarantees for the Protection of the Rights of Victims of Crimes and Other Offenses in the Field of Human Trafficking.
Article No. 25. Safety Measures for Victims and Witnesses in Criminal Cases Involving Human Trafficking.
CHAPTER 4. PROVIDING ASSISTANCE TO 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.