LGBT rights in Tajikistan

LGBTQ rights in Tajikistan
Tajikistan
Status	Legal since 1998 [1]
Gender identity	Legal (after sex reassignment surgery)
Military	No
Family rights
Recognition of relationships	No
Adoption	No

Lesbian, gay, bisexual, and transgender (LGBT) people in Tajikistan face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Tajikistan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to heterosexual married couples. ^[1]

LGBT people tend to face frequent discrimination, harassment and violence from the authorities and the Muslim-majority public. ^[2]

In 2017, the authorities drew up an "official list" of LGBT citizens following two state operations named "Morality" and "Purge". ^{[2] [3]}

During raids in 2022 and 2023, police subjected numerous LGBT persons to forced HIV testing. Those who tested positive were charged with “putting another person at risk of infection with human immunodeficiency virus” (Article 125, part 1 of the Criminal Code) or made to pay large bribes to the police in exchange for being released. This happened even in cases where the accused was not infectious due to regular antiretroviral treatment or where sexual partners did not complain about the accused. IPHR has documented dozens of credible cases of police arbitrarily detaining LGBT people and of extorting money from them. ^[4]

Legality of same-sex sexual activity and LGBT Activism

Both male and female same-sex sexual activity have been legal in Tajikistan since 1998. ^[1] The age of consent is 16, regardless of gender or sexual orientation. ^[5]

LGBT rights activism is not supported in the country, whether by the government or the majority of people in society. Tajikistan for Equality, founded in 2019 by Odinasho Sharopov, is the only LGBTQ+ support organization recognized by the Tajikistan government.

Recognition of same-sex relationships

Tajikistan does not recognize same-sex unions.

Gender identity and expression

Transgender people "face a lot of stigma and discrimination" in Tajikistan.

Under Tajik law, transgender people may not change their legal gender on their passport, even if they provide a medical statement that they have undergone sex reassignment surgery.

Living conditions

Even though the law does not prohibit same-sex sexual activity, the living conditions in the country is not favourable for LGBTQ people. This is mostly due to local religion and beliefs, as well as outside influence. Harassment from police and the public is common. ^{[6] [7] [8]} In 2017, the authorities drew up an "official list" of LGBT citizens following two state operations named "Morality" and "Purge". ^{[2] [9]}

Public opinion

Islamic religious leaders have significant influence on the position of Tajik society on LGBT topics. ^[10] The Supreme Mufti of Tajikistan Saidmukarram Abdulkodirzoda has publicly condemned same-sex relations, calling them a "disaster". In addition, he condemned countries that have legalized same-sex marriages, and spoke out against human rights activists and laws to protect LGBT people from discrimination. ^{[10] [11] [12]}

A number of Tajik psychologists and doctors consider homosexuality to be a form of addiction comparable to drug addiction and alcoholism, and provide "cure methods". ^{[13] [14]} These are considered pseudoscience by the World Health Organization, however. There are several reported cases of disrespectful treatment to LGBT-patients by medical staff. ^[15]

Summary table

Same-sex sexual activity legal	(Since 1998)
Equal age of consent (16)	(Since 1998)
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSM allowed to donate blood	[ citation needed ]

See also

• LGBTQ portal
• Tajikistan portal

• Human rights in Tajikistan
• LGBT rights in Asia

References

1. State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 11 June 2012 at the Wayback Machine
2. "Tajikistan authorities draw up list of gay and lesbian citizens". The Guardian. 17 October 2017.
3. "There's a rising global tide of crackdown on LGBT communities". The Washington Post. 20 October 2017.
4. "Report documents brutal oppression of LGBTIQ persons in Tajikistan". iphronline.org. Retrieved 29 February 2024.
5. "National Laws – Legislation of Interpol member states on sexual offences against children – Tajikistan" (PDF). Archived from the original (PDF) on 27 November 2007. Retrieved 27 November 2007.
6. Leach, Anna. "Tajikistan rife with homophobia". Archived from the original on 20 April 2019. Retrieved 24 February 2014.
7. Sodiqov, Alexander (20 January 2013). "Tajikistan Remains 'Hell for Gays'".
8. "UPR Submission on Sexual Rights in Tajikistan" (PDF). October 2011. Archived from the original (PDF) on 1 March 2014. Retrieved 24 February 2014.
9. "There's a rising global tide of crackdown on LGBT communities". The Washington Post. 20 October 2017.
10. Би-би-си, Анора Саркорова Русская служба; Душанбе (10 March 2015). "Двойная жизнь таджикских геев и лесбиянок". BBC News Русская служба (in Russian). Retrieved 22 May 2019.
11. Би-би-си, Анора Саркорова Русская служба; Душанбе (7 February 2014). "Таджикский муфтий осудил геев во время проповеди". BBC News Русская служба (in Russian). Retrieved 22 May 2019.
12. "Верховный муфтий Таджикистана осудил гомосексуализм". NEWSru.com. 10 February 2014. Retrieved 22 May 2019.
13. "Tajikistan: LGBT Community Stuck in the Shadows". Eurasianet. Retrieved 22 May 2019.
14. "A Closeted Life For Tajik Sexual Minorities". RadioFreeEurope/RadioLiberty. Retrieved 22 May 2019.
15. "Eid Hr – A blog about all sorts of discrimination towards minorities". Archived from the original on 11 June 2013. Retrieved 22 May 2019.