Lesbian, gay, bisexual, and transgender (LGBT) persons in Tajikistan may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Tajikistan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Law regarding same-sex sexual activity
Both male and female same-sex sexual activity is legal in Tajikistan since 1998. The age of consent is 17.
Recognition of same-sex relationships
Tajikistan does not recognize same-sex unions.
"Tajikistan is a conservative Muslim country. Such subjects are not easily spoken about," Kiromiddin Gulov, coordinator for the local NGO, Legal Support for Youth, one of the few groups working to address the issue, told IRIN in the capital, Dushanbe. "Homosexuals have no status in this country."
Working with a small staff of seven, the NGO, with funding from the New York-based Tides Foundation, is one of the first MSM (Men who have Sex with Men) advocacy efforts in the former Soviet republic.
Tajikistan is the poorest country in the former Soviet Union with high rates of migration to Russia (approximately 700 thousand to 1 million of Tajik citizens work in Russia). The government of Tajikistan has been responsive to gender equality measures and passed legislation on state guarantees of achieving equality between men and women (2005). However, implementation of the legislation remains very low due to gender stereotypes and traditions harmful to women and LGBT people and there remain gaps in the existing legislative framework.
The situation of lesbian, gay, bisexual and transgender people in Tajikistan
The only mention of lesbianism and sex between men in Tajik legislation is found in Criminal Code articles 139 and 141 that deal with forced sexual relations between adults or between an adult and a minor under 16 years old.
Discrimination of Transgender people
Article 74 of the Civil Code allows for changing of gender in identity papers if a document of authorized form issued by a medical organization is provided. This document does not exist which makes it impossible for transgender people to change their legal identity to match their gender. Any situation, therefore, where legal identity papers are required puts transgender individuals at risk of humiliation and potentially violence. For example, transgender woman Karina reported being stripped naked by Dushanbe airport security because her passport gender and her appearance did not match. She has to fly to Moscow in order to obtain her hormonal therapy which is not available in Tajikistan and is harassed in the airport each time6
11. Many gay and bisexual men would like to migrate to Russia or Kazakhstan because their opportunities in Tajikistan are limited. They are controlled by their families and ridiculed by the general public. Many are forcefully married to women or plan to get married following pressure from their families. Gay and bisexual men from smaller towns and villages move to big cities in order not to be under surveillance by their families and communities.. 9. As Tajikistan does not offer access to hormonal therapy or surgeries transgender people have to travel abroad to obtain them. In Tajikistan transgender people experience high levels of violence. If they wish to leave the country it is difficult to obtain state IDs in their expressed gender. It is also very difficult for transgender people to be employed legally because of the ID situation. Equal Opportunities assisted transgender people in obtaining legal identification but the state referred to lack of legislation regulating this process.
Harassment and discrimination of gay and bisexual men
Many gay and bisexual men would like to migrate to Russia or Kazakhstan because their opportunities in Tajikistan are limited. They are controlled by their families and ridiculed by the general public. Many are forcefully married to women or plan to get married following pressure from their families. Gay and bisexual men from smaller towns and villages move to big cities in order not to be under surveillance by their families and communities.
Very often even in larger cities the police, knowing about the social vulnerability of gay and bisexual men, set up meetings and blackmail the men who turn up believing that they are meeting another gay man. Sexual and physical violence against gay and bisexual men perpetrated by the police is also very common.
Invisibility of and violence against lesbian and bisexual women
The lives of lesbian and bisexual women in Tajikistan are regulated and controlled by their families and communities. They are not expected to make choices in finding a partner and are married off to men chosen by their family at an early age.
When a lesbian woman decides to leave her heterosexual marriage, her family is likely to marry her again and she could become second wife in a polygamous marriage with a man Those of them able to resist the pressure to get married have to hide their sexual orientation and relationships. Due to high level of risk and secrecy around their lives, it is almost impossible for them to organize or be associated with LGBT organizations publicly. Some women choose to lead double-lives with a cover-up marriage to fulfil their parents’ expectations.
In December 2010 a 28-year-old lesbian woman was raped by her former husband of three years whom she divorced. The man visited her in an apartment where she lived with her female partner. He offered to remarry her and have her partner as his second wife. When the woman reported the rape, a police officer advised her to keep her mouth shut and be grateful that her former husband did not kill her. The police officer perceived her sexual orientation as a justification for violence.
LGBT Organizing
Given the social circumstances LGBT organizing is unsafe and LGBT rights concerns are hard to address using state human rights mechanisms. Organizations working with LGBT communities have to keep a low profile in order to avoid social backlash. The mainstream human rights movement in Tajikistan is not supportive of organizing around sexual orientation and gender identity. Recruitment of qualified staff to work for LGBT organizations is a challenge because very few professionals want to be associated with an LGBT organization.
Equal Opportunities (Tajikistan), LGBT Organization Labrys (Kyrgyzstan) and The Sexual Rights Initiative submitted report on Sexual Rights in Tajikistan for the 12th Round of the Universal Periodic Review in October 2011.
This report describes the sexual rights situation with particular reference to: the rights of gay, lesbian, bisexual and transgender people (LGBT) in Tajikistan, widespread violence against women, the situation of sex workers, and gender stereotypes that contribute to violations of women’s human rights. It provides concrete recommendations to the State on how to address these issues in line with its international legal obligations.
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