Countering Human Trafficking under the Legislation of the Republic of Tajikistan
“We must take decisive measures to ensure the security of our citizens and protect their rights from all forms of threats, including human trafficking.”
Founder of Peace and National Unity – Leader of the Nation, President of the Republic of Tajikistan, Honourable Emomali Rahmon
Human trafficking, as a modern form of slavery and a transnational crime, constitutes a gross violation of fundamental human rights and requires coordinated efforts by States to combat this phenomenon. Ensuring the inviolability of the individual and the protection of human freedom are among the highest values of modern society, while combating this serious crime requires sustained attention from the international community.
Human trafficking is a complex and multifaceted social problem that adversely affects various aspects of public life. Victims of human trafficking suffer severe material, psychological, and physical harm. Under current conditions, combating human trafficking, as a disgraceful crime that undermines human dignity and honour, is one of the key priorities of the State. It requires an uncompromising response from public authorities, civil society institutions, and every member of society.
In order to combat this phenomenon, the legislation of the Republic of Tajikistan has been continuously improved. On 15 December 2000, the United Nations Convention against Transnational Organized Crime and its supplementary protocols were adopted, including the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air. These international legal instruments were ratified by the Republic of Tajikistan on 29 May 2002 (No. 645).
In addition, the Republic of Tajikistan acceded to the Convention on the Rights of the Child on 26 December 1993 and, on 5 August 2002, ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.
The institutional development of the State's activities aimed at combating human trafficking in independent Tajikistan began in 2003, when Article 130¹ ("Human Trafficking") was incorporated into the Criminal Code of the Republic of Tajikistan. Another significant step was the adoption of the Law of the Republic of Tajikistan "On Combating Trafficking in Persons" dated 15 July 2004, No. 47.
This Law established the legal and organizational framework for combating human trafficking and defined the legal status of victims of trafficking. It consisted of a preamble, seven chapters, and twenty-four articles. In order to implement the provisions of this Law, by Resolution of the Government of the Republic of Tajikistan dated 4 January 2005, an Interdepartmental Commission under the Government of the Republic of Tajikistan was established, comprising representatives of relevant ministries and government agencies.
With the aim of strengthening the legal and institutional framework for combating human trafficking, defining measures for the protection, assistance, and rehabilitation of victims of trafficking, and comprehensively regulating public relations in this field, the Law of the Republic of Tajikistan "On Countering Human Trafficking and Providing Assistance to Victims of Human Trafficking" was adopted in a new edition on 26 July 2014 (No. 1096). The Law consists of nine chapters and forty-eight articles and remains in force today.
Furthermore, the Republic of Tajikistan implements a National Strategy for Countering Human Trafficking, which ensures effective coordination among government authorities and civil society institutions.
According to Article 1 of the Law of the Republic of Tajikistan “On Countering Human Trafficking and Providing Assistance to Victims of Human Trafficking” dated 26 July 2014, No. 1096, human trafficking means the purchase or sale of a person or the conclusion of any other unlawful transaction involving a person, as well as, regardless of the victim’s consent, the recruitment, transportation, transfer, harbouring or receipt of a person for the purpose of exploitation or obtaining any other unlawful benefit by means of coercion, abduction, fraud, abuse of official position, abuse of trust, exploitation of the victim’s vulnerability, or bribery of a person upon whom the victim is dependent.
State policy in the field of countering human trafficking constitutes one of the principal directions of the State's policy on combating crime and, at the same time, forms an integral part of its social policy.
In accordance with the above-mentioned Law, the State policy on countering human trafficking is based on the following principles:
non-prosecution of persons who have suffered from human trafficking;
non-discrimination against victims of human trafficking;
an individual approach to each victim;
ensuring free and unrestricted access of victims to justice;
confidentiality of information concerning victims of human trafficking and their close relatives; and
other principles established by the legislation of the Republic of Tajikistan.
For the purpose of implementing the provisions of the Law, the National Action Plan for Countering Human Trafficking in the Republic of Tajikistan for 2025–2027 was approved by Resolution of the Government of the Republic of Tajikistan No. 403 dated 24 July 2025. The Action Plan regulates the interaction between State authorities and non-governmental organizations and defines the State policy of the Republic of Tajikistan in the field of countering human trafficking.
The Law of the Republic of Tajikistan “On Countering Human Trafficking and Providing Assistance to Victims of Human Trafficking” provides for the establishment of specialized institutions to assist victims of human trafficking (Article 30). Such institutions may be either State-owned or non-governmental.
Pursuant to the Law, the authorized State body is obliged to accept an application from a person seeking recognition as a victim of human trafficking and, within twenty-four hours, ensure the provision of a minimum package of social services free of charge, as prescribed by the legislation of the Republic of Tajikistan.
Within the structure of the Ministry of Health of the Republic of Tajikistan, the implementation of the State policy on countering human trafficking and the provision of social services to this category of persons is entrusted to the State Institution “Republican Centre for Social Services for Victims of Human Trafficking and Victims of Domestic Violence.”
In addition, under the framework of the State Social Order and with funding from the State budget, the public organization “Femida” also carries out activities aimed at implementing the relevant legal acts by providing victims of human trafficking with social, psychological and legal assistance.
Human trafficking is a cruel and serious crime that poses a grave threat to human rights and fundamental freedoms. Eliminating this phenomenon requires concerted efforts by society, public authorities, international organizations, and other stakeholders, as well as continuous efforts to raise public awareness and legal literacy. Only through comprehensive measures and the active participation of society can the spread of this crime be effectively prevented.
In today's globalized world, human trafficking remains one of the most serious forms of transnational organized crime. It violates fundamental human rights and freedoms while posing a significant threat to social stability, public security, and sustainable development. Therefore, it is essential to strengthen cooperation among civil society institutions, law enforcement agencies, territorial commissions, and international partners. Only through mutual understanding, coordinated action, and shared responsibility can an effective system for preventing and combating human trafficking be established.
The study and analysis of issues related to countering human trafficking are of great importance for enhancing public legal awareness, promoting respect for the rule of law, protecting human rights, and strengthening national security.
As a young legal professional, I believe that countering human trafficking is, above all, a struggle to protect human dignity, honour, and fundamental rights. If we succeed in fostering patriotism, civic responsibility, legal awareness, and respect for the law among young people, our society will be better protected against such threats and will contribute to building a safer and more just future.
Arabjonov Shodimurod Arabjonovich
Chief Specialist
Department of Civil, Business and Family Legislation
National Center for Legislation of the Republic of Tajikistan