Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Tadjikistan

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 (Ratification: 2007)
Convention (n° 143) sur les travailleurs migrants (dispositions complémentaires), 1975 (Ratification: 2007)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on migrant workers, the Committee considers it appropriate to examine the Migration for Employment Convention (Revised), 1949 (No. 97) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) together.

Information and International Cooperation

Article 1 of Convention No. 97. Information relating to emigration and immigration. The Committee notes from the information provided by the Government that: (1) Between 2019 and March 2024 652,014 Tajiks (15 per cent women) emigrated; (2) In the first quarter of 2024, 392,805 Tajiks emigrated as labour migrants, which represents a 16 per cent (74,442) drop in emigrants for the same period in the year prior (2023); (3) 386,987 went to the Russian Federation and 1,994 went to the Republic of Kazakhstan; (4) In the same period, 324,065 Tajik labour migrants returned to the country, which represented an increase of 8,195 (or 3 per cent) when compared to the same period in 2023. The Committee also notes the Government‘s statement that, as more than 98 per cent of Tajiks work in the Russian Federation, fostering cooperation between Tajikistan and the Russian Federation on the issue of labour migration is a priority. The Committee further notes the Government’s indication that foreign labour immigration quotas are set annually by demand from ministries, authorities and employers. It further notes that in 2023, the quota for foreign nationals was 7,500 and a total of 7,053 people worked in the country, including 886 women. Furthermore, the labour immigration quota for 2024 was set at 6,500 people. In the first quarter of 2024, 1,047 foreign nationals were granted permission to work; and foreign nationals generally work in construction, geology, communications and industry. The Committee requests the Government to continue to provide information, disaggregated by sex, and type of visa issued, on the number of migrant workers in Tajikistan indicating the countries of origin and the sectors in which they are employed, as well as the number of Tajiks emigrating for employment.

Information on national policies, laws and regulations. The Committee notes the adoption of the Strategy for Regulating Migration Processes in the Republic of Tajikistan for the period up to 2040 and its accompanying Plan of Action for 2023–2025 (Government Decision No. 309 of 20 June 2023). The Government indicates that: (1) the main objectives of the Strategy include regulating migration, ensuring migrants’ social/legal protection, strengthening institutions, and using migration for socio-economic development; and (2) The Action Plan foresees a comparative review of migration laws, drafting amendments, and exploring separate acts on labour migration and employment agencies. The Committee also notes the of the adoption of resolution for the development of Productive Employment for the period up to 2040 (Government Decision No. 263 of 28 May 2022) to curb emigration by creating jobs and supporting returnees’ employment. The Committee requests the Government to provide information on the outcome of the comparative analysis of migration legislation being undertaken under the 2023–2025 Plan of Action for the implementation of the Strategy for Regulating Migration Processes in the Republic of Tajikistan for the period up to 2040, including information on any legal reforms envisaged or concluded and copies of the legislation adopted or reformed.

Information concerning general agreements and special arrangements.The Committee reiterates its request for copies of any bilateral and multilateral agreements concluded, in particular the ones with the Russian Federation.

Article 4 of Convention No.143. Measures to establish systematic contact and exchange of information with other States. The Committee notes the reported cooperation with the Russian Federation under the Migration for Employment Convention (Revised), 1949 (No. 97). The Committee requests the Government to provide: (i) details of national and international measures to establish systematic contact and exchange information on irregular labour migration, including within that cooperation framework; and (ii) results achieved in preventing and eliminating the abuses covered by Article 2.

Combating irregular m igration

Articles 2, 4 and 7 of Convention No.97. Adequate and free services to assist migrants for employment. Measures to facilitate the departure, journey and arrival of migrant workers. Public Employment Service. The Committee notes that the Government’s information that: (1) State advice and pre-departure centres for labour migrants are in Dushanbe, Khorugh, Khujand and Bokhtar; (2) The Migration Department, the Ministry of Labour, Migration and Employment of Population (MoLMEP)’s Migration Service, and the Government Agency for Employment Abroad have offices in all cities/districts; (3) that these bodies coordinate to organize labour migration, assess qualifications, inform applicants on host-country law, and provide foreign-language study; and (4) In 2023, 110 migration specialists (including civil servants) were upskilled on migration law/policy.

With respect to the cooperation with the Russian Federation on labour migration, the Committee notes the indication of the Government that: (1) there are mutual migration authority offices in both countries; (2) there are ongoing awareness-raising in Russia on legal residence, work, and integration and integration; as well as job-matching events (radio/TV/online) with in-person or remote employer selection; (3) Russian language courses and training centres are available for labour migrants; and (4) the negotiation of a number of draft agreements with the Russian Federation, including on readmission of Tajik nationals, are under way. In this regard, the Committee further notes that as of the first quarter of 2024, 186,515 Tajiks faced 3–10 years re-entry bans; an expert bilateral working group reviewed these cases, and 35 Tajiks regained entry.

Furthermore, the Committee notes that the Government Agency for Employment Abroad has signed agreements with various employers in other countries, including the Republic of Kazakhstan, the Republic of Belarus, Qatar, Türkiye, Latvia, Lithuania, Poland, Germany, Romania, Japan, the United Arab Emirates and Kuwait.

The Committee notes that the UN Special Rapporteur on trafficking in persons, especially women and children commended Tajikistan for the significant efforts made to promote safe labour migration but flagged limited focus on women migrant workers, especially in pre-departure orientation and urged expanded safe routes/opportunities, including for domestic workers. (A/HRC/50/33/Add.1, 5 May 2022, paras 35ff). The Committee requests the Government to continue to report on free assistance services available to labour migrants (and how they address distinct needs of men and women), and on outcomes of negotiations with Russia, especially readmission and treatment of those on the re-entry ban list.

Assistance to returning migrant workers. The Committee notes the Government’s information that between 2021 to 2023, the Ministry of Labour, Migration and Employment, and its affiliated agencies, the Migration Service and the Tajikistan Centre for Adult Education, implemented projects to support the economic integration of returning migrant workers and households affected by migration, with particular focus on labour migrants’ wives left behind. It notes the report that approximately 3,708 people benefited from the professional training project and 557 returned migrants underwent training to become peer-to-peer mentors, 443 of whom went on to support and advise 2,500 other labour migrants as they reintegrated, including 1,184 returning women. The Committee also notes that a pilot project was started with the support of the Food and Agriculture Organization of the United Nations (FAO) to provide returning labour migrants and their families with skills for developing small and medium-sized enterprises in the agriculture sector. Moreover, the resolution for Increasing Productive Employment for the period up to 2040 envisages specific actions to support the employment of returning migrant workers.

The Committee also notes the findings of the International Organization for Migration’s (IOM) “Return Migrant Survey” (August 2024) demonstrates that: 97 per cent of returnees came from the Russian Federation; approximately 46 per cent reported being unemployed; among those employed, 95 per cent found work through personal networks, 50 per cent upon arrival and 45 per cent before departure. It further notes that 44 per cent did not use recruitment agencies due to unawareness of this option, with additional reasons including negative feedback (7 per cent), lack of trust (6 per cent), previous negative experiences (5 per cent), and distance (1 per cent). The Committee notes with concern that 92 per cent of unemployed respondents seeking work reported receiving no advice, help or assistance from employment services in Tajikistan. The Committee requests the Government to provide: (i) information on the results and evaluation of the 2021–2024 reintegration initiatives and the actions undertaken under the resolution for Increasing Productive Employment for the period up to 2040, including sex-disaggregated data; and (ii) details of measures taken to strengthen the availability, accessibility and effectiveness of assistance services provided by public employment services to returning migrants and targeted services addressing the specific needs of women returnees.

Article 3 of Convention No. 94. Misleading propaganda. The Committee notes the Government’s indication that the Migration Service undertakes prevention activities under the Act on Inspection of Economic Entities, including operations to identify persons unlawfully sending workers abroad or bringing foreign labour into Tajikistan. It further notes nationwide awareness-raising (information leaflets, meetings/talks), with 1,782 meetings in the first quarter of 2024, attended by 358,210 people; 17,706 requests for advice received; and 466 applications from prospective migrant workers processed. The Committee also notes ongoing cooperation with the Russian Federation, including negotiations on an agreement for the organized selection of Tajik workers and the opening, together with the Saint Petersburg City Administration, of two centres to recruit for industrial enterprises in Saint Petersburg and Leningrad Province. The Committee requests the Government to continue providing information on measures to combat misleading propaganda and as previously requested, to clarify whether the legal framework regulates, supervises and provides sanctions against the dissemination of misleading information encouraging emigration or immigration. Please also specify the provisions of the Act on Inspection of Economic Entities relied upon for these measures and describe the types of operations conducted thereunder.

Combating illegal employment

Article 2 of Convention No. 143. Identifying illegal employment and migration in abusive conditions. The Committee notes the Government’s indication that regular inspections are conducted at places of residence and work of foreign nationals, and that between 2020 and 2023, administrative sanctions were imposed on 416 foreign nationals for violation of residency regulations. The Committee recalls that the representative organizations of employers and workers must be fully consulted and enabled to furnish any relevant information in their possession. The Committee requests the Government to continue providing information on the measures taken to systematically determine whether migrants are illegally employed and whether migrants for employment depart from, pass through or arrive in its territory in abusive conditions contravening international agreements or national laws, within the meaning of Article 2(1) of the Convention, and to specify the arrangements in place to ensure collaboration with the social partners in this regard, together with data on inspections carried out, infringements identified and sanctions applied.

Article 3 of Convention No.143. [Preventing and] eliminating migration in abusive conditions. The Committee notes the Government’s information on the elaboration, since 2019 of two National Plans for the Prevention of Human Trafficking (2019–2021; 2022–2024). Under the first Plan, measures included the establishment of hotlines for reporting and advice; preparation of studies and textbooks for law-enforcement and judicial officials; annual courses for more than 1,000 students at the Academy of the Ministry of Internal Affairs and Tajik National University; upskilling of over 700 serving officials; public information events and distribution of materials; and monitoring of websites to detect exploitative recruitment. It notes that 391 trafficking-related crimes were detected in 2019–2023, including cases of organization of illegal migration under Criminal Code article 335(2).

Recalling that the Convention seeks to prevent all forms of irregular migration in abusive conditions ranging from illegal employment to trafficking in persons and forced labour, the Committee emphasizes the importance of effective regulation and monitoring of recruitment practices in line with international labour and human rights standards. (2016 General Survey, Promoting fair migration, para. 255). The Committee also refers to its comments under the Migration for Employment Convention (Revised), 1949 (No. 97). The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate all forms of irregular migration in abusive conditions.

Article 5 of Convention No.143. Authors of trafficking for labour purposes. The Committee notes the reform of article 130(1) of the Criminal Code to incorporate provisions of the 2000 United Nations Trafficking in Persons Protocol. It further notes that, during the reporting period, 164 criminal cases related to human trafficking were filed against 170 persons (116 women and 54 men). While noting this information, the Committee refers to its comments under the Forced Labour Convention, 1930 (No. 29). It also requests information on relevant legal provisions or the arrangements, including international cooperation frameworks that enable the prosecution of perpetrators of labour trafficking regardless of the country from which they operate.

Article 6 of Convention No.143. The Committee requests the Government to provide information on any administrative, civil or penal sanctions imposed against those organizing clandestine movements of migrants, those knowingly assisting those movements, or those illegally employing migrants.

Support for migrant w orkers

Article 9 of Convention No.97. Remittances. The Committee notes the Government’s indication that a variety of remittance channels are available, including services not requiring a bank account (e.g. Unistream, Western Union), with commissions generally ranging from 1 to 1.5 per cent. It further notes the IOM 2024 Return Migrant Survey found that 41 per cent of respondents remit more than half of their income and 41 per cent remit 25–50 per cent; 58 per cent send money monthly; 30 per cent use online money transfer services, 21 per cent remit via in-person bank visits, and 13 per cent use the services of online money transfer operators. The Committee requests the Government to continue providing information on measures taken to facilitate the transfer and receipt of remittances by migrant workers, including through methods that do not require a bank account.

Equality of opportunity and treatment, including non-discrimination

Article 8 of Convention No. 97. Maintenance of residence in case of incapacity for work.The Committee reiterates its request that the Government provide: (i) up-to-date statistics on the number of foreign nationals who have acquired permanent residence; and (ii) clarification as to whether permanent migrant workers retain the right to reside in the country in the event of incapacity for work, including where they are without means of support.

Article 1 of Convention No.143. Basic human rights of all migrant workers. The Committee notes the adoption of Act No. 1890 (2022) on Equality and the Elimination of All Forms of Discrimination and ongoing efforts to align national legislation accordingly. Referring to its previous comments, the Committee requests the Government to clarify: (i) whether temporary migrant workers may join trade unions and any conditions under which such rights may be restricted for permanent foreign residents; (ii) how the reciprocity restrictions under the 1996 Law on Foreign Citizens are applied in law and practice; (iii) the measures in place to ensure trade union rights for irregular migrant workers; and (iv) any legislative progress to guarantee that all migrant workers, including those in an irregular situation, enjoy equal human rights under the new equality framework.

Tajik migrant workers. The Committee notes the Government’s indication that the Ministry of Foreign Affairs’ overseas offices are responsible for protecting the rights of Tajik migrant workers; that bilateral agreements have been concluded with destination countries for this purpose; and that diplomatic and consular missions provide timely assistance in practice, receiving numerous requests for support. It further notes, from the IOM return migrant survey (August 2024), that 4 per cent of respondents returned due to xenophobia and violations of migrants’ rights in destination countries. The Committee requests the Government to continue to provide information on the measures taken to ensure respect of the basic human rights of Tajik migrant workers, including those in an irregular situation, specifying: (i) the types of situations regulated in bilateral agreements; and (ii) the nature of claims received and addressed by diplomatic/consular missions and the offices of the Ministry of Foreign Affairs abroad, among others, and their outcomes.

Article 8(1) and (2) of Convention No. 143. Legal status in the event of loss of employment. Right to alternative employment, retraining and relief work. The Committee again requests the Government to provide information on the specific legislative provisions and other measures taken to ensure that migrant workers who have lost their employment enjoy equal treatment with nationals in respect of guarantees of security of employment, the provision of alternative employment, relief work and training, in accordance with Article 8(2) of the Convention.

Article 9 of Convention No.143. Equality of treatment in respect of the rights arising out of past employment.The Committee reiterates its request for information on: (i) the measures taken to ensure that irregular migrant workers enjoy equality of treatment with regularly admitted and lawfully employed migrants in the country in respect of the rights arising out of past employment, as regards remuneration, social security and other benefits; (ii) the relevant legal provisions regulating the matter; (iii) any cases concerning breaches of equality of treatment brought before courts of law and the final decisions handed down; and (iv) whether migrant workers, contesting their expulsion are permitted to remain in the country for the duration of the case.

Articles 10 and 12 of Convention No.143. National policy on equality of opportunity and treatment.The Committee requests to the Government to provide information on the adoption and implementation of a national policy designed to promote and ensure equality of opportunity and treatment for migrant workers in all aspects of employment and occupation, as well as with respect to social security, trade union and cultural rights and individual and collective freedoms for migrants and members of their families lawfully in the country.

Article 14 of Convention No.143. Free choice of employment. The Committee recalls that Section 14 of the Law on the Legal Status of Foreign Citizens stipulates that foreign citizens may not take certain offices or be engaged in certain labour activity, if the national legislation provides that such a labour activity, or appointment or engagement requires affiliation to the citizenship of the Republic of Tajikistan. The Committee againrequests the Government to: (i) indicate the restrictions imposed on foreign citizens to enjoy the free choice of employment and the maximum period imposed; and (ii) supply information on any measures taken to regulate the recognition of occupational qualifications acquired outside the territory and how workers’ and employers’ organizations are being consulted in this regard.

Geographical mobility. The Committee recalls that under section 19 of the Law on the Legal Status of Foreign Citizens “restrictions on movement within the territory and choice of place of residence shall be permitted, if it is necessary for national security, protection of public order, health or morality of population, protection of rights and lawful interests of citizens of the Republic of Tajikistan and other persons”. The Committee reiterates its request for the Government to provide examples of practical application of the restrictions provided for under section 19 of the Law on the legal status of foreign citizens.

Social d ialogue

Article 7 of Convention No.143. Consultations with employers’ and workers’ organizations. Please provide information on how the consultation of workers’ and employers’ organizations and their possibility to take initiative is being ensured with regard to laws and regulations and other measures provided for in the Convention, particularly those designed to prevent and eliminate migration in abusive conditions, and the outcomes of such consultations and initiatives.

Application in p ractice

Enforcement. The Committee requests the Government to provide information on: (i) the competent authorities entrusted with the application of the relevant laws, regulations, policies, and administrative decisions, including information on the organization and role of labour inspection; (ii) any court decisions involving questions of principles relating to the application of Convention No. 97 and Convention No. 143; and (iii) any practical difficulties encountered in the application of the Convention No. 97 and Convention No. 143.

Matters u nique to Convention No. 97

Article 11. Frontier workers and short-term entry. The Committee notes the Government’s indication that, under the Migration Act, frontier labour migration is defined as daily or weekly travel by Tajik citizens into the territory of a neighbouring State, or daily or weekly travel by citizens of a neighbouring State into the territory of the Republic of Tajikistan, for the purpose of finding paid work under a work agreement or contract, and where the citizen resides permanently in the State from which he or she travels daily or weekly (sec. 1). The Government states that the current legislative for frontier labour migration has not yet been sufficiently studied and its legal provisions require improvement. It also indicates that, under the 2023–2025 Plan of Action for the implementation of the Strategy for Regulating Migration Processes in the Republic of Tajikistan for the period up to 2040, research will be conducted on the different forms of migration that occur within the country, as well as on their legalization. The Committee requests the Government to provide information should any changes in the legal definition of frontier workers be introduced. It also again requests the Government to clarify the longest period which is regarded as constituting “short-term entry” within the meaning of Article 11(2)(b).