PROSECUTION
The government modestly increased its anti-trafficking law enforcement efforts. Article 130.1 of the 2004 criminal
code prohibits all forms of trafficking, including the use of force, fraud or coercion for the purpose of sexual
exploitation and forced labor. The article prescribes penalties of five to 15 years’ imprisonment, which are
sufficiently stringent and commensurate with penalties prescribed for other serious crimes, such as rape. Article
130.1 fails, however, to criminalize the prostitution of minors as trafficking without regard to the use of
coercive means, as required by international law. Article 132 criminalizes recruitment for sexual or other
exploitation if done by fraud—but not if done by coercion—and carries a maximum penalty of five years. Contrary to
international law, it also does not criminalize child sex trafficking in the absence of force, fraud, or coercion.
Article 167 prohibits the buying and selling of children, prescribing five to 15 years’ imprisonment; this
provision goes beyond the scope of trafficking as it does not require that exploitation be the intent of the
transaction. Several other amendments to the criminal code include trafficking crimes, for example, article
130.2,“Use of Slave Labor,” and article 241.2,“Use of minors with the purpose of production of pornographic
materials and products.”
The government investigated 28 and prosecuted 22 cases under Article 130.1 in 2014, an increase from four cases
investigated and prosecuted in 2013. Trafficking cases may have also been investigated and prosecuted under other
penal code articles.There was one conviction under Article 130.1, the same number of convictions as in 2013, with a
sentence of eight years’ imprisonment. The government compiled law enforcement data across a variety of agencies
and may have counted trafficking cases multiple times. The government reported levying fines in 2014 against three
farms for forced child labor during the cotton harvest, but did not take law enforcement action. Endemic corruption
inhibited law enforcement action during the year; however, the government did not report any investigations,
prosecutions, or convictions of government officials complicit in human trafficking offenses.
PROTECTION
The government continued modest efforts to identify and assist trafficking victims. In July 2014, the government
adopted a new law that provided an extensive definition of trafficking and other concepts, some of which appear
unrelated to the crime of trafficking as addressed in the criminal code, which may create confusion regarding
victim identification. The law also outlined
victim services, government standards for service delivery among providers, including governmental agencies and
NGOs, and a national referral mechanism.Authorities remained without a formal system for identifying and referring
victims for assistance during the reporting period, as the referral mechanism remained under review.As law
enforcement officials did not attempt to proactively identify trafficking victims among women in prostitution, it
was possible officials detained or penalized sex trafficking victims for prostitution crimes. During the reporting
period, the government identified and referred 26 victims to international organizations for assistance, an
increase from 17 victims in 2013. Civil society groups provided protective services to a total of 78Tajik
trafficking victims in 2014, including 53 victims of forced labor, 23 victims of sex trafficking, and two victims
subjected to both.
The government did not directly provide services to victims; rather it relied on civil society organizations, which
provided medical and psycho-social care, legal and vocational training and assisted in family reunification.
Although the government did not provide financial support to any organizations assisting trafficking victims, it
continued to fund the utilities for two shelters in Dushanbe and one shelter in Khujand. The 2014 law does not link
victim benefits to a victim’s participation in a trial and provides victim services regardless of legal status or
prior consent to participate in trafficking activities.The law also provides that foreign victims have the right to
request temporary legal residency, which can be extended for one year following the completion of a criminal case.
The government continued to conduct anti-trafficking courses for officials and school administrators,
respectively.
PREVENTION
The government continued efforts to prevent human trafficking. The Ministry of Education (MOE) disseminated letters
to local governments highlighting prohibitions against the use of child labor in the cotton harvest.
Government-funded campaigns targeted potential victims, local officials responsible for preventing trafficking, and
school authorities who had previously mobilized children in the cotton harvest. The Committee on Women and Family
Affairs continued to conduct informational campaigns to educate school administrators on the illegality of child
labor in the cotton harvest and the MOE conducted inspections of schools in cotton- growing districts to ensure
students remained in attendance. Due to lack of funding from traditional foreign government sources,
non-governmental entities did not monitor the cotton harvest for forced child labor, which had been the standard
practice for the previous four years.
The 2014 law established a framework for the government to address trafficking in persons, including establishing a
national anti- trafficking committee and directing the committee to develop a national plan.The government drafted,
but has not yet approved, its 2014-2016 national action plan. The inter-ministerial commission, tasked with
coordinating governmental anti-trafficking efforts, has not met since September 2013 and, from June 2014 through
the end of the reporting period, its chairmanship remained vacant, hindering its oversight of national efforts and
ministerial cooperation.The Committee for Youth, Sports and Tourism and the Ministry of Internal Affairs’
anti-trafficking department jointly operated a hotline to receive calls from female victims of crime, including
trafficking.The government did not provide anti-trafficking training or guidance for its diplomatic personnel;
however, the government provided officials updates from the anti-trafficking commission regarding legislation and
government decrees. Tajik
law requires that entities engaged in labor recruitment abroad obtain licenses from migration authorities. The
government did not fine or revoke the licenses of companies using fraudulent recruitment practices.TheTajik
Migration Service provided migrants with information on migration and the risk of trafficking prior to their
departure abroad. In partnership with the migration service, lawyers employed by an international organization
provided legal consultation on migration and trafficking for victims at migration service support centers.
Prostitution is illegal in Tajikistan and the government made efforts to reduce the demand for commercial sex by
investigating and prosecuting consumers of commercial sex. The government did not report any efforts to reduce the
demand for forced labor.
TANZANIA: Tier 2 Watch List
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