Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Tajikistan (Ratification: 1993)
Protocol of 2014 to the Forced Labour Convention, 1930 - Tajikistan (Ratification: 2020)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the Criminal Code provisions contained in sections 130 (Trafficking in Human Beings) and 132 (Recruitment of Persons for Exploitation). The Committee requested the Government to provide information on the legal proceedings which had been instituted under these provisions of the Criminal Code.

The Committee takes note of Act No. 47 of 15 July 2004 to Combat Human Trafficking (amended in 2007) which contains a broad definition covering trafficking in persons both for the purpose of labour and sexual exploitation. It also notes that under section 132 of the Criminal Code the recruitment of people for sexual or other exploitation is an offence punishable by a fine and imprisonment for a period ranging from two to 12 years.

The Committee requests the Government to provide information on the application in practice of Act No. 47 to Combat Human Trafficking, as well as sections 130 and 132 of the Criminal Code, including information on the legal proceedings which have been instituted against perpetrators and the penalties imposed. The Committee also requests the Government to supply information on any measures taken or envisaged to prevent, suppress, and punish trafficking in persons, such as, for example, information on the activities of the Interdepartmental Commission to combat human trafficking set up under section 7 of the Act, as well as information on the measures taken to protect victims of trafficking.

Article 2(2)(a). Work or service exacted in virtue of compulsory military service laws. The Committee previously noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee requested the Government to provide information on provisions governing such alternative service. The Committee notes the Government’s indication in its report that a law on alternative civilian service has not yet been adopted. The Committee requests the Government to provide a copy of the law on alternative (non-military) service, once adopted.

Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted with reference to section 107 (1) of the Code of the Execution of Criminal Sentences, that the working conditions of prisoners may be considered as approximating those of a free labour relationship. The Committee however requested the Government to indicate whether and how the voluntary consent of prisoners to work for private enterprises is obtained, and to provide copies of contracts concluded between a private enterprise and a penitentiary institution, as well as contracts between prisoners and a private enterprise. The Committee notes the Government’s indication that the Committee’s request was forwarded to the Ministry of Justice. As soon as information on contracts between correctional institutions and employers is provided, this information will be sent to the Committee, as well as contracts between prisoners and private companies. The Committee once again requests the Government to indicate how the voluntary consent of the prisoners to work for private enterprises is obtained, such consent being free from the menace of any penalty, including the loss of rights or privileges. The Committee also requests the Government to provide copies of contracts concluded between a private enterprise and a penitentiary institution, as well as contracts between prisoners and a private enterprise.

Article 2(2)(d). Work exacted in cases of emergency. The Committee previously requested the Government to indicate the guarantees that are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist. The Committee notes the Government’s indication that under article 46 of the Constitution a state of emergency may be declared, as a temporary measure, for a period of up to three months. Such situations are governed by the Law on the Protection of the Population and the Territory in Emergency situations of a Natural or Made-made character of 2004. The Committee requests the Government to provide a copy of the abovementioned Law of 2004, in order to assess what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.