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Approved by

Resolution of the Government of the

Republic of Tajikistan

Dated «___» _________ 2006, №

Integrated Program on the

Prevention of Human Traffic in the

Republic of Tajikistan

At present, the problem of human traffic is under the close attention of the world community since this type of crime has acquired a systematic character and represents a threat to public safety. In the first place, this inhuman and antisocial crime threatens the highest values, that is, a human being, his/her rights and freedoms. Having faced this problem, Tajikistan takes active measures aimed at the prevention of human traffic.

Considering the specific public hazard of this crime, its possible negative socio-political and economic effects, and following the goal of strengthened cooperation aimed at combating this crime at the national, regional and international levels, on November 15, 2000, the UN General Assembly issued a resolution adopting the Convention against transnational organized crime and Supplementary Protocols on the prevention and suppression of human traffic, especially of women and children, including punitive measures, and against illegal transportation of migrants by land, sea or air. Tajikistan signed this Convention of December 15, 2000.

To implement its international commitments and following the Universal Declaration of Human Rights, on May 29, 2002, the Republic of Tajikistan ratified this Convention and Supplementary Protocols.

In accordance with Article 10 of the Constitution of the Republic of Tajikistan, international legal acts recognized by the Republic of Tajikistan are an indispensable part of the legal system of the Republic of Tajikistan. In case national laws contradict recognized international legal acts, norms of international legal acts prevail. Besides, the Constitution has a specific chapter called “Rights, freedoms, and main duties of a human being and a citizen” that includes one third of Constitutional norms.

Human rights and freedoms are declared and ensured by the state. These rights and freedoms are elaborated in legislative acts of the Republic of Tajikistan.

To strengthen measures aimed at the prevention of human traffic and the elimination of this evil in the Republic of Tajikistan and to ensure state guarantees providing a special treatment of women and children, protection of, and assistance to, victims of human traffic, full recognition and respect of their rights and cooperation with other states – members of the above international legal acts, in 2003, the National Commission on the promotion of international commitments on human rights under the Government of the Republic of Tajikistan formed a working group whose task it is to study the problems related to human traffic and its prevention. Prevention of human traffic has been recognized as a priority area of the state bodies of the Republic of Tajikistan.

One of the most important, urgent, and practical steps of the Government of the Republic of Tajikistan in this area is the incorporation of changes and amendments to the Criminal Code of the Republic of Tajikistan relating to the allocation and strengthening of criminal responsibility for crimes associated with human traffic.

Thus, on August 1, 2003, the Law of the Republic of Tajikistan “On Changes and Amendments to the Criminal Code of the Republic of Tajikistan” introduced a new article (Article 1301 on Human Traffic) into the Criminal Code of the Republic of Tajikistan that consists of three parts and specifies criminal responsibility for human traffic.

The first part of the article defines human traffic, stipulates criminal responsibility for human traffic, and defines penalties in terms of imprisonment from five to eight years with the confiscation of property.

Following part one of the above article, human traffic means purchase or sale of a human being with or without his/her consent, through a deception, recruiting, concealment, transfer, transportation, abduction, fraud, abuse of vulnerable position, bribery to get a consent of a person controlling another person, and other ways of enforcement with the purpose of further sale, involvement in sexual or criminal activity, use in armed conflicts, pornography, forced labor, slavery or slavery-like practice, debt bondage or adoption with commercial purposes.

Part two of the article stipulates criminal responsibility for human traffic, second offence, crimes committed by a group of persons by previous concert, with regard to two or more persons, with the use of violence or threat of violence, with the purpose of expropriation of organs or tissues for transplantation by an official or a government official with the abuse of power or by another person carrying out managerial functions in a commercial or other organization, with the transfer of the victim through the state border of the Republic of Tajikistan. Criminal responsibility involves imprisonment from eight to twelve years with the confiscation of property.

Part three of the article stipulates criminal responsibility for human trafficking if it involves loss of a victims’ life or other heavy consequences, committed by an organized group or by a dangerous recidivist. Criminal responsibility involves imprisonment from twelve to fifteen years with the confiscation of property.

With regard to child trafficking, it is worth noting that basic child rights are stipulated by the Constitution and other relevant legislative acts of the Republic of Tajikistan.

Besides, on June 26, 1993, the Supreme Council of the Republic of Tajikistan ratified the Convention on Child Rights adopted by the United Nations General Assembly on November 20, 1989. In June 2002, the resolution issued by the Majlisi Namoyondagon Majlisi Oli of the Republic of Tajikistan confirmed ratification of the Supplementary Protocol to the Convention on Child Rights relating to child participation in armed conflicts and the Supplementary protocol to the Convention on Child Rights relating to child trafficking, child prostitution and child pornography, as well as the Convention on the Elimination of the Worst Forms of Child Labor.

To ensure implementation of these documents and the legislation of the Republic of Tajikistan on the protection of minor’s rights, on September 7, 2001, the Government of the Republic of Tajikistan issued Resolution # 423 on the establishment of a National Commission on Child Rights under the Government of the Republic of Tajikistan. Besides, on July 4, 2003 (Resolution #309), the Government of the Republic of Tajikistan adopted the National Action Plan on the protection of child rights and interests for 2003-2010. Implementation of the National Action Plan will make it possible to create adequate conditions providing child survival and the protection of child Constitutional rights.

Besides, the Law of the Republic of Tajikistan “On Changes and Amendments to the Criminal Code of the Republic of Tajikistan” issued on August 1, 2003, introduced amendments to Article 167 (Trafficking of Minors) of the criminal Code of the Republic of Tajikistan that envisages criminal responsibility for purchase and sale of minors irregardless of means and forms of enforcement and child consent. This article consists of three parts and stipulates punitive measures in the form of imprisonment from 5 to 15 years with the confiscation of property. Parts two and three of Article 167 (Trafficking of Minors) cover the same conditions as those stipulated by parts two and three of Article 130of the Criminal Code of the Republic of Tajikistan.

The same law introduced amendments in Articles 339 (Stealing or Damaging of Documents, Stamps and Seals) and 340 (Forgery, Manufacturing or Sale of Forged Documents, State Awards, Stamps, Seals or Letterheads) of the Criminal Code of the Republic of Tajikistan. They now have new parts envisaging criminal responsibility for the above deeds committed with the purpose of human traffic and stipulate punitive measures in the form of imprisonments from five to seven years, respectively.

To humanize the criminal-legal policy of the Republic of Tajikistan and to attract the attention of the wide public to the prevention of human traffic, including representatives of “risk groups” and victims of human traffic, the criminal legislation of the Republic of Tajikistan includes a possibility of a relief from criminal responsibility for persons who committed these crimes yet voluntarily reported them to relevant bodies and freed the crime victim.

One of the priority areas for the Government of the Republic of Tajikistan in combating human trafficking are its actions against illegal transportation of migrants by land, sea or air.

On February 26, 2006, the Government of the Republic of Tajikistan and the International Organization for Migration signed a Cooperation Agreement against human trafficking.

This Agreement covers the exchange of relevant statistical information required for the analysis of the status and trends of human traffic, educational/training support provided to civil servants, and cooperation on the identification, return, protection, and rehabilitation of victims of human traffic, and other relevant issues.

All migration issues are covered at the legislative level.

Another important priority measure undertaken by the Government of the Republic of Tajikistan is the development of the draft Law of the Republic of Tajikistan “On Combating Human Trafficking” carried out by the working group of the Executive Office of President with the participation of representatives of law enforcement bodies, relevant ministries and institutions and with the assistance of international organizations. The draft Law was supported by the country President, approved and submitted to the Majlisi Oli of the Republic of Tajikistan. Further on, the Law was adopted and came into force on July 15, 2004. This Law stipulates legal and organizational basis of combating human trafficking and the legal status of victims of human traffic.

Priority tasks of the above Law include the regulation of public relations brought about by combating human traffic, prevention, identification, and elimination of human traffic and minimization of its consequences; physical, psychological and socio-legal rehabilitation of persons – victims of this crime.

The Law of the Republic of Tajikistan “On Combating Human Trafficking” is based on principles of legality, final responsibility of human traffickers, non-discrimination of victims of human traffic, provision of safe and fair treatment of victims of human traffic, access to justice, cumulative use of preventive, legal, political, health, socio-economic and information measures and cooperation with public associations and non-governmental organizations.

Dependent on the form of victims’ enforcement, their exploitation is subdivided into following categories:

- physical enforcement with the use of violence and/or with the use of hard drugs, alcohol, or medicines;

- economic enforcement in the form of a debt bondage or any other material dependence, including slavery or conditions similar to slavery;

- psychological enforcement through blackmail, deceit, circumvention or threat of violence;

- legal dependence associated with the adoption or guardianship or fictitious marriage.

Dependent on the activity of victims of human trafficking, exploitation may be divided into following categories:

- exploitation of physiological organs of a human body for transplantation of organs and tissues and the use of a woman as a surrogate mother;

- exploitation of labor, including domestic (household and communal service) labor, industrial and agricultural labor and labor in criminal activity (participation in armed groups or manufacturing of illegal product);

- exploitation of persons in sexual purposes;

- exploitation of persons for their use in armed conflicts or military actions.

Besides, the Law stipulates that the victim’s consent towards forms of exploitation relating to human trafficking shall not be taken into account if the victim was exposed to any means of enforcement associated with human traffic.

Prevention measures against human traffic include:

- monitoring problems of human traffic;

- developing incentive programs for employers involved in human traffic;

- developing programs aimed at the elimination of social problems creating condition for expanded human traffic;

- public awareness in dangerous situations involving potential victims of human traffic, in measures of criminal and administrative responsibility taken by the government under the framework of combating human traffic;

- development and implementation of education programs targeting teachers and students of educational institutions, orphanages, students’ parents, unemployed and undereducated people, and victims of human traffic.

To provide victims of human traffic with protection and assistance, the Government of the Republic of Tajikistan will create centers of support and assistance to victims of human traffic the main functions of which will be:

- providing information in an available format on judicial and administrative procedures protecting the interests of victims of human traffic;

- provision of qualified psychological and medical assistance;

- assistance in the reintegration of victims of human traffic;

- providing temporary shelter to victims of human traffic.

The Law also envisages the mechanism of social rehabilitation; measures aimed at the protection of victims of human traffic; obligations of diplomatic missions and consular offices of the Republic of Tajikistan on the protection of victims of human traffic, providing assistance to children - victims of human traffic; state guarantees provided to victims of human traffic; international cooperation of the Republic of Tajikistan in the area of combating human traffic; judicial procedures related to human traffic, and responsibilities of physical and legal persons for human traffic.

Disclosure of information on security measures and confidentiality of information on victims of human traffic and information on the preliminary investigation and security measures undertaken towards actors of criminal procedures is prosecuted under the law of the Republic of Tajikistan.

Judges, prosecutors, interrogation officers or investigators take security measures stipulated by the legislation of the Republic of Tajikistan towards a victim of human traffic expressing his/her desire to cooperate with investigating bodies with the purpose of identifying persons suspected in human traffic.

In accordance with the legislation of the Republic of Tajikistan, the Ministry of Internal Affairs of the Republic of Tajikistan or its territorial bodies execute and issue residence permits in the Republic of Tajikistan for an indefinite terms to a foreign or stateless citizen - victim of human traffic – who provided assistance to law enforcement bodies in the detection of a crime and the exposure of a person (persons) accused in human traffic.

According to Article 6 of the Law, subjects exercising direct activities against human traffic in the Republic of Tajikistan are as follows: General Prosecutor’s Office of the Republic of Tajikistan, Ministry of Internal Affairs of the Republic of Tajikistan, Ministry of Security of the Republic of Tajikistan, Ministry of State Revenues of the Republic of Tajikistan, Ministry of Labor and Social Protection of the Republic of Tajikistan, Ministry of Foreign Affairs of the Republic of Tajikistan, Ministry of Health of the Republic of Tajikistan, Ministry of Economy and Trade of the Republic of Tajikistan, State Committee of the Republic of Tajikistan on the Protection of Borders of the Republic of Tajikistan

To implement the Law of the Republic of Tajikistan “On Combating Human Trafficking” and to coordinate activities of the subjects combating human traffic, on January 4, 2005, the Government of the Republic of Tajikistan issued Regulation #5 on the establishing of an Interagency Commission against Human Traffic.

On January 4, 2005, Government Resolution #123 endorsed the Provisions of the Interagency Commission against Human Traffic.

Objectives of the Interagency Commission include the development of outlines of the government policies aimed at the prevention of human traffic and recommendations of increased efficiency of relevant bodies fighting this crime. Besides, the Commission carries out a criminal analysis in this sphere, coordinates the involvement of regional commissions on the issue, participates in the development of international treaties of the Republic of Tajikistan in the sphere of combating human traffic, submits annual progress reports to the Government of the Republic of Tajikistan on its activity against human traffic, and performs such other functions in accordance with its terms of reference.

The Commission prepares and approves its semi-annual action plans.

Action plans include types of activity, executing bodies, and implementation timeframe.

On April 28, 2004, the Ministry of Internal Affairs of the Republic of Tajikistan established a special unit dealing with racketeering and human traffic. This unit as well as other relevant bodies achieved certain results in their area of expertise. Fifty people – victims of human traffic – have been returned to Tajikistan from other states. A number of criminal cases have been initiated and submitted to court. People guilty of these crimes were convicted. Besides, the unit performs other activities of a legal-organizational character.

It is also necessary to introduce relevant changes and amendments into the acting legislation and other normative acts of the Republic of Tajikistan associated with the Law of the Republic of Tajikistan “On Combating Human Trafficking”.

Tajikistan condemns human traffic and aims its efforts at fighting this negative phenomenon, supports efforts of other states and the international community in this regard. It is worth mentioning that no single state can solve this problem on its own because the network of criminal organizations expands its activities across borders. To fight this evil, it requires consolidating the efforts of all countries and the world community.

Conferences and other events organized by international organizations and individual states reflect the goals of the world community in combating human, especially women and child traffic. Further improvement of anti-traffic activities, besides legislative measures, requires implementation of joint organizational arrangements.

To effectively develop and take purposeful anti-traffic measures, it is important to improve access to information, carry out surveys and analyses on the nature and scale of human traffic, mechanisms of trade and exploitation created by organized crime groups.

An important role is given to the development, along with international organizations, of special training programs for judges, law enforcement bodies, health care, education, diplomatic missions and immigration services, and other involved professional groups and pro-active representatives of the civil society represented by non-governmental organizations and other public associations whose task it is to improve preventive anti-traffic measures, identification and saving victims of human trafficking.

To implement requirements of the Convention against transnational organized crime and Supplementary Protocols on the prevention and elimination of human traffic, especially traffic of women and children, against illegal transportation of migrants by land, sea or air, as well as other international legal acts on these issues recognized by Tajikistan and the Law of the Republic of Tajikistan “On Combating Human Trafficking”, the country developed a special Program and a Matrix of Implementation Measures.

The Matrix of Implementation Measures within the Integrated Program on the Prevention of Human Traffic helps Tajikistan improve its activity in this area and will play a significant role in fighting this evil. It includes specific activities aimed against human traffic, implementation timeframe and specifies responsible bodies.