The Constitution of Tajikistan upholds the principle of equality for all citizens, regardless of gender. According to the authorities, there are no laws or regulatory provisions that discriminate against women.
Tajikistan has a strong patriarchal tradition and men dominate within the family and in society in general. The population is primarily rural and stereotypes in Tajik culture have the effect of limiting women’s opportunities. Women are often confined to a maternal role. Because a large percentage of the male population was killed in the Tajik civil war, many households are now headed by women. Although this provides a certain degree of protection, the situation of women – particularly those who do head households – in Tajikistan is more difficult than that of men.
Tajik women experience numerous forms of discrimination within the family. The legal minimum age for marriage is 17 years for both men and women. Under certain conditions, the courts can authorise marriage during the year before the spouses turn 17. Early marriage is common in Tajikistan, even though marrying a daughter off before she reaches the legal minimum age is punishable by a sentence of forced labour or imprisonment. A 2004 United Nations report estimated that 12 per cent of girls between 15 and 19 years of age were married, divorced or widowed. Arranged marriages, including the payment of a dowry, were frequent in the past but appear to be declining primarily as a result of legislative progress.
Polygamy is prohibited by the Tajik Penal Code, but it is still practised and convictions are rare. Women continue to accept such unions largely because of the demographic imbalance resulting from the civil war and the deterioration in women’s material conditions. Second and third wives are not recognised by the law and have no legal protection.
Under Tajik law, mothers and fathers share parental authority, and have equal rights and responsibilities regarding their children’s development and education. If parents do not live together, they must come to a mutual agreement about where their children will reside.
There is no legal discrimination in regard to inheritance in Tajikistan, but in practice, sons appear to inherit more than daughters. There is no information available about the inheritance rights of widows.
The physical integrity of Tajik women is not adequately protected, partly because of traditional restrictions and partly because laws on violence against women are not effectively implemented. The Penal Code contains provisions that apply specifically to men who are violent to their wives, but there have been very few convictions. Social stereotypes are very common, and nearly half of Tajik men under the age of 30 years do not consider beating their wives as actual violence. Women living in polygamous marriages are particularly vulnerable to domestic violence, but because the state does not recognise such marriages, no legal proceedings can be brought against offenders.
Rape is punishable in Tajikistan, but the legislation does not recognise spousal rape. Some rape victims are obliged to marry their rapists. The civil war in Tajikistan has exacerbated violence against women and rape has been used as a weapon of war, with traumatic long-term consequences for the victims.
Female genital mutilation does not appear to be a common practice in Tajikistan, nor is there evidence to suggest it is a country of concern in relation to missing women. T
Tajik law does not contain any specific measures regarding women’s access to land and women represent a tiny percentage of land owners in the country. Agricultural reforms initiated in 1992 give households, including those headed by women, the right to use and inherit land. But traditional stereotypes remain deeply rooted: in general, women are considered incapable of running a farm and confined to the role of agricultural workers.
Many women are unaware of their rights and the opportunities available to them as a result of land reform. Even when they do know their rights, registering a farm is a complex administrative process. The role of women in agriculture is expanding, however, primarily as a result of the large number of widows who must provide for their families.
The Tajik Civil Code gives women the right to have access to property other than land and to enter into contracts in their own names. Insufficient data are available to assess whether women are able to exercise these rights.
By law, women are entitled to have access to bank loans without any need for prior authorisation. Few women apply for loans, however, primarily because they do not understand their rights and the procedures involved. Various NGOs have established micro-credit programmes to enable women to develop their own businesses.
Women’s civil liberties appear to be respected in Tajikistan; there are no reported restrictions on their freedom of movement or freedom of dress.
Asian Development Bank (2000), Women in Tajikistan, Country Gender Assessment, Asian Development Bank, Manila.
CEDAW (Committee on the Elimination of Discrimination against Women) (2002), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Tajikistan, Combined Initial, Second and Third Periodic Reports of States Parties, CEDAW/C/TJK/1-3, CEDAW, New York, NY.
Haar, R.N. (2005), Violence Against Women in Marriage: A General Population Study in Khatlon Oblast, Tajikistan, Swiss Cooperation Office Tajikistan, Dushanbe.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UN (2006), In-depth Study on all Forms of Violence Against Women, Report of the Secretary-General, UN General Assembly, 61st Session A/61/122/Add.1, UN, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Tajikistan, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
World Bank (n.d.), Tajikistan Gender Profile, http://siteresources.worldbank.org/INTECAREGTOPGENDER/Countries/20577404/TajikGenderProfile.pdf, World Bank, Washington, DC.
