Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Tajikistan

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1993)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1993)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1. Legislative developments. The Committee previously noted that an interdepartmental working group consisting of representatives of the Executive Office of the President, the Ministry of Justice, the Prosecutor General’s Office, the Committee for Women and Family Affairs (CWFA) and the Commissioner for Human Rights was established to harmonize the national legislation with Act No. 1890 of 19 July 2022 on Equality and the Elimination of All Forms of Discrimination. It notes that, in its report, the Government indicates that it does not consider necessary to repeat the standards set out in Act No. 1890 in the Civil Service Act, since the civil service is also covered by the Labour Code, which prohibits all forms of discrimination. The Committee recalls that the notion of “social status” in the Civil Service Act is narrower than the notion of “social origin” set out by the Convention. The Committee has constantly considered that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention – including “social origin” (see the 2012 General Survey on the fundamental Conventions, para. 853). Moreover, it points out that the lack of explicit reference to a specific ground, such as “social origin”, in a non-exhaustive list of grounds could also lead to: (1) a lack of awareness of the right to non-discrimination on the ground concerned in employment and occupation; and (2) a need for interpretation by the courts to determine whether this specific ground is effectively covered. Therefore, to ensure legal certainty concerning the protection against discrimination in employment and occupation, the Committee hopes that the Government will seize the opportunity of the discussion around the harmonization of national legislation with Act No. 1890 of 2022 to amend section 7 of the Labour Code and the Civil Service Act to ensure that the grounds of “colour” and “social origin” are expressly included as prohibited grounds of discrimination. It asks the Government to provide information on any developments on harmonization of the national legislation with Act No. 1890 of 19 July 2022 on Equality and the Elimination of All Forms of Discrimination. It also again asks the Government to clarify whether the term “origin” in section 1.1 of Act No. 1890 of 19 July 2022 encompasses the concept of “social origin” as set out in Article 1(1)(a) of the Convention.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee previously noted that Act No. 1890 of 19 July 2022 on Equality and the Elimination of All Forms of Discrimination does not include an explicit prohibition of quid pro quo sexual harassment in its definition of sexual harassment (section 6). Recalling the study on “Review and analysis of legislation and policies of Tajikistan affecting sexual and gender-based violence against women and girls, and their compliance with international standards”, conducted by the Government, the Committee again encourages the Government to include a full definition and explicit prohibition of quid pro quo sexual harassment in the upcoming amendments to Act No. 1890 of 19 July 2022. It reiterates its request for information on: (i) practical measures to prevent and address sexual harassment of women and men in both public and private sectors – such as helplines, legal assistance, victim-support services, complaint mechanisms, codes of conduct, awareness initiatives, and training for employers, workers and enforcement officials; and (ii) the conclusions and recommendations of the Review mentioned above.

Article 1(3). Scope. Private sector. The Committee again requests the Government to: (i) clarify the areas of employment covered by section 7(1) of the Labour Code; (ii) take all the necessary measures to amend the Labour Code, without delay, to ensure that the prohibition of discrimination covers all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment; and (iii) provide information on how it is ensured that the principle of non-discrimination is applied in practice to all areas of employment.

Civil service. The Committee notes the Government’s indication that under sections 34 to 41 of the Civil Service Act civil servants are guaranteed the protection of all labour rights, including working hours, pay, time off, benefits, and pension, among others. The Committee considers it important that the protection against discrimination in all conditions of employment is captured explicitly in the Law on Civil Service in order to ensure full legal clarity and access to enforcement mechanisms for all civil servants. The Committee therefore again encourages the Government to seize the opportunity provided by the harmonization process of the national legislation with Act No. 1890 of 19 July 2022 to amend the Civil Service Act so as to ensure that civil servants are protected against discrimination in all conditions of employment (working time, wages, bonuses, occupational safety and health, etc.). It also reiterates its request for information on the application in practice of sections 31–41 of the Civil Service Act, including on any cases of discrimination brought to the relevant authorities by civil servants.

Articles 1(2). Inherent requirements.The Committee again asks the Government to provide examples of jobs for which there are inherent requirements that would not be considered discriminatory, including any administrative or judicial decisions handed down in this regard under section 7(2) of the Labour Code relating to “inherent requirements”.

Articles 1(1)(a) and 5. Restrictions to the employment of women. Protective measures. The Committee refers to the list of 336 occupations where women’s employment is prohibited, under section 216 of the Labour Code, pursuant to Government Decision No. 179 of 4 April 2017. The Committee welcomes the adoption of Decision No. 568 of 31 December 2023 on the list of occupations where the employment of women is prohibited, and the maximum weight limits for lifting and carrying by women, pursuant to which the number of occupations where the employment of women is prohibited was reduced from 336 to 194. Recalling that restrictions to employment beyond maternity protection in the strict sense are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures to protect the health of men and women, the Committee asks the Government to provide a copy of the list of occupations where the employment of women is prohibited, to allow it to assess whether the protective measures adopted are limited to maternity protection in the strict sense and/or are based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women contrary to the Convention.

Article 5. Special measures. The Committee recalls that Act No. 1890 of 19 July 2022 provides for: (1) temporary measures that are not considered discrimination, provided that as a result of the implementation of such measures, special rights are not granted to different groups of persons and that the measures are carried out for legitimate purposes and in a reasonable proportion between the means used and the objectives set with regard to vulnerable groups and requirements for citizenship (section 1.3); and (2) positive measures that are temporary special legislative, administrative and practical measures aimed at protecting persons who are disadvantaged compared to other persons in order to eliminate past disadvantages and ensure the achievement of full equality (section 11). The Committee again asks the Government for examples of special and temporary measures adopted pursuant to section 1.3 and positive measures adopted pursuant to section 11 of Act No. 1890 of 19 July 2022.

Article 2. National equality policy. The Committee refers to section 12 of Act No. 1890 of 19 July 2022, which envisages the development and promotion of a unified state anti-discrimination policy. The Committee again asks the Government to take steps to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing all the grounds protected by the Convention, namely sex, race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention and envisioned under Act No. 1890 of 19 July 2022 (section 12) and to provide information in this respect.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour and national extraction. Roma/Jughi and Pamiri minorities. The Committee notes the concerns expressed by the UN Committee on the Elimination of Racial Discrimination (CERD) about the structural discrimination faced by the Roma/Jughi (or Mugat) and the absence of a strategy to protect them against discrimination and stigmatization and to promote their rights (CERD/C/TJK/CO/12-13, 24 May 2023, para. 15). It also notes that the UN Special Rapporteur on Minority Issues has considered that the marginalization faced by the Roma/Jughi is the direct result of discriminatory actions by State officials in terms of resource allocation, planning decisions and other measures where double standards appear to be applied on the basis of ethnicity (A/HRC/55/51/Add.2, 13 February 2024, paras 62 ff).

Concerning the Pamiri minority, the Committee notes that, according to the UN Special Rapporteur on minority issues, the members of the Pamiri minority – a distinct ethnic, linguistic and religious group mainly located in the Kŭhistoni Badakhshon Autonomous Region – appear to be at the receiving end of large-scale exclusionary and discriminatory practices, including: difficulty in obtaining positions in the civil service, where they appear to be under-represented, and representation in political institutions; a prohibition by the State authorities against the use of the Pamiri languages by teachers and students; and the deployment of security forces into schools to monitor compliance and a general ban on the use of Pamiri languages in State institutions and the media, among others (A/HRC/55/51/Add.2, para. 78). The Committee recalls that whereas discrimination on the grounds of race, colour and national extraction is generally prohibited in national legislation in most countries, far fewer countries have adopted proactive and comprehensive measures aimed at promoting substantive equality in respect of these grounds. It underlines that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, which should also encompass measures aimed at addressing the challenges faced by these persons in education, training and skills. In order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population (2018 General Observation). The Committee requests the Government to provide information on the measures adopted to ensure that the members of the Roma/Jughi and Pamiri minorities enjoy equality of opportunity and treatment in respect of employment and occupation, including information on any measures adopted to tackle the barriers these peoples may face in accessing education and training. The Committee also encourages the Government to assess the situation in employment and occupation of these groups and the discrimination faced by them, in order to inform the formulation and evaluation of appropriate measures, in consultation, wherever possible, with the interested groups.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee recalls the conclusions of the Committee on the Application of Standards of the International Labour Conference, at its 108th Session (June 2019), calling upon the Government to provide without delay information on the implementation in practice of the Act on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights (No. 89 of 1 March 2005). It notes that the Government does not respond to its previous request about the outcome of the hearings held by the Alliance of Women Parliamentarians of Tajikistan on the implementation of laws and regulations relating to gender equality, in particular regarding the implementation of Act No. 89 of 2005.

The Committee notes from the statistical information provided by the Government on the distribution of the employed population by economic sector in 2021 that women represented 23.3 per cent of the total number of workers employed in all industries and were particularly concentrated in health and social services and education, where they accounted, respectively, for 67.4 per cent and 59.6 per cent of the total workforce. Concerning the positive measures taken to improve women’s access to employment, the Government indicates that it has been implementing measures to encourage women and girls to study and train for professions other than those traditionally performed by women, in particular as part of the implementation of a professional and technical education and training development project under the Ministry of Labour, Migration and Employment of the Republic of Tajikistan and a pilot programme for gender equality. Of the total number of women and girls who completed training courses in 22 non-standard professions [in the reporting period], 69.1 per cent found employment. In addition, the Government informs that it envisages: providing career advice and professional training, upskilling and retraining in occupations that are in demand on the labour market; supporting women’s entrepreneurship and self-employment initiatives; encouraging women to engage in paid community service; supporting the employment of women and girls who have been victims of violence or trafficking; and providing information and legal education for women, among other measures.

The Committee notes the concerns expressed by the UN Committee on the Elimination of Discrimination against Women (UN CEDAW) about, among other aspects: the lack of a comprehensive strategy aimed at eliminating gender stereotypes and patriarchal stereotypes that remain deeply entrenched in society; the limited access of women to formal employment due to the disproportionate burden of unpaid domestic and agricultural work placed on women, conflicting family responsibilities and insufficient childcare facilities; the concentration of women in the informal economy and in low-paid jobs in agriculture, education and healthcare; and the fact that, while agriculture is largely feminized, men continue to own the vast majority of agricultural land and manage most farms (CEDAW/C/TJK/CO/7, 20 February 2024, paras 32 and 48). The Committee reiterates its request for information on the implementation of the Act on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights (No. 89 of 1 March 2005), including the results of hearings held by the Alliance of Women Parliamentarians of Tajikistan and any subsequent action. It also asks the Government to report on: (i) the measures taken to advance women’s equality in employment and occupation – such as efforts to counter gender stereotypes, expand women’s access to education and training (including in STEM fields), reduce occupational segregation, increase women’s access to formal employment and productive resources, and support the reconciliation of work and family life; (ii) the outcomes of these measures; and (iii) sex-disaggregated statistics on men’s and women’s participation across sectors, occupations and positions.

Civil service. The Committee notes the concerns expressed by the UN Committee on Economic, Social and Cultural Rights about the under-representation of women in the civil service (UN E/C.12/TJK/CO/4, 10 November 2022, para. 28). The Committee again asks for information on: (i) measures adopted to increase the participation of women in the civil service at all levels and the results achieved; and (ii) the labour force participation in the civil service, disaggregated by sex and occupational level.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee notes from the statistics provided by the Government on men’s and women’s pay across economic sectors in the years 2018–22 that the wage gap has been increasing in recent years, with women’s pay representing 67.9 per cent of men’s in 2021 and 61.4 per cent in 2022. It also notes that the widest wage gap is observed in manufacturing and construction. The Committee requests the Government to: (i) provide information on the measures taken to monitor and reduce the gender pay gap in the public and private sectors; and (ii) continue to provide updated statistical data on the earnings of men and women in all economic sectors and occupations, to monitor progress in reducing the gap.

Article 1(b) and 2(2)(a). The Committee notes the Government’s clarification that section 140(2) of the Labour Code refers to work of equal value while section 13 of the Act on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights (No. 89 of 1 March 2005). refers to “the same work or work of equal value”, thus under both pieces of legislation workers are guaranteed equal pay for work of equal value. The Committee notes that the Government’s clarification addresses its previous request.

Articles 2 and 3. Wage determination. Civil service. Recalling the importance of ensuring that, when posts are classified for the purpose of establishing pay scales, the method used for evaluating the tasks attached to the posts is based on a set of weighted objective criteria, the Committee requests the Government to provide information on: (i) how it is ensured that women and men civil servants have access to any additional benefits on an equal footing; (ii) any review of the unified pay scale using job evaluation methods based on objective criteria, such as skills, responsibilities, effort and working conditions, which do not favour occupations held predominantly by men or predominantly by women; (iii) any legal and administrative framework enabling civil servants to claim equal remuneration for work of equal value, together with a right to claim redress when the pay scale or its implementation has been found to be discriminatory; (iv) where possible, the distribution of men and women in the civil service by category, and their corresponding earnings; and (v) any recent information on the remaining gender pay gap in the civil service.

Articles 2(2)(c). Collective agreements. The Committee notes the information provided by the Government on the number of collective agreements registered during the first six months of 2024. The Committee again requests the Government to indicate how and to what extent the collective agreements recently concluded: (i) promote the principle of equal remuneration for men and women for work of equal value; and (ii) are used to promote objective job evaluation as a means to ensure that remuneration for men and women is determined in a non-discriminatory manner.

Conventions Nos 100 and 111 – Application in practice

Article 3(b) of Convention No. 111 and Article 2 of Convention No. 100. The Committee notes the Government’s indication that the competent authorities regularly hold educational programmes aimed at the general public to raise awareness about non-discrimination and the application of the relevant provisions of the legislation. The Committee requests the Government to provide detailed information on the specific measures taken to raise awareness among workers and employers and their respective organizations as well as enforcement officials and the general public, of the principles of Conventions Nos 111 and 100 and the relevant provisions in the national legislation.

In its report on Convention No. 111, the Government informs that no cases of discrimination on the grounds of sex or any other characteristic have been recorded by the labour inspectorate, law enforcement agencies or the judicial authorities in recent years. The Committee encourages the Government to assess whether any obstacles may currently hinder access to justice in cases of discrimination, including unequal remuneration for work of equal value, and asks it to provide information on the results of such assessment. Please also continue to provide updated information on the complaints or cases addressed by the labour inspectorate or dealt with by the Courts, the Women’s and Family Affairs Committee (CWFA) or the Commissioner for Human Rights concerning violations involving the principles of Conventions Nos 111 and 100.