National and Regional Laws and Policies
on Internal Displacement

TAJIKISTAN

Civil war erupted in Tajikistan months after the country declared independence in 1991. At least 600,000 people were internally displaced during the conflict. Instability continued in Tajikistan following the official end to the war in early 1993, resulting in new waves of internal displacement.

The Representative of the UN Secretary-General on internally displaced persons undertook a mission to Tajikistan in June 1996, following which he issued a report, noting the emphasis of the authorities on the reintegration of the displaced. In his report, the Representative made several recommendations, particularly in relation to the international institutional framework for assisting the internally displaced, coordination between the government and the international community, and future prospects for reconstruction and stability.

For access to the mission reports of the Representative, go to: http://www.ohchr.org/english/issues/idp/visits.htm

The Law of the Republic of Tajikistan on Forced Migrants (June 1994)

Purpose: The purpose of the law is to consolidate the legal, economic and organizational safeguards for the defense and realization of the rights and legal interests of forced migrants (Preamble).

Responsibilities: The Central Department for Refugees of the Labour and Employment Ministry is responsible for coordinating those ministries and departments in charge of forced migrants (Art. 15). In addition, it is responsible for reviewing and deciding upon applications for ‘forced migrant’ status (Articles 2, 4) and reimbursing the expenses of local authorities and administration in receiving and accommodating forced migrants (Art. 14). Bodies of state government and institutions of local government are obliged to provide practical and financial assistance to forced migrants as detailed in Article 6 (see below).

Content: The law regulates registration procedures and provides for assistance to and protection for forced migrants. According to Article 1, a ‘forced migrant’ is a person forcibly displaced due to violence or persecution who has either remained in the territory of the country or left it.

During displacement, the law grants internally displaced persons the right to:

• rent-free accommodation;
• assistance to find work or to be granted unemployment allowances;
• free food assistance in their place of temporary residence;
• the return of their property or compensation;
• protection against forcible return (Article 5).

When resettling, internally displaced persons are entitled to:

• free return transport;
• the right to repossess their property and temporary shelter free of charge;
• a lump sum allowance as well as a pension or limited salary according to their period of absence;
• free meals and foodstuffs;
• medical services;
• work equivalent to their previous experience or training courses where required;
• assistance with placing their children in schools (Article 6).