Asia-Plus (27 March 2023): Uzbekistan criminalises domestic violence — what about Tajikistan?

Asia-Plus («Азия-Плюс»), in a 27 March 2023 article, reports that on 23 March Uzbekistan’s parliament adopted a bill introducing criminal and administrative liability for domestic violence, citing IA Fergana and the lower chamber’s press service. The article reports that the bill increases liability for intercourse with or coercion of persons under 16 (including “unnatural” forms), penalises production and distribution of child pornography, covers sexual offences against persons with disabilities, and bars convicted sex offenders from teaching, healthcare, sports, creative work and any occupation involving children; early release including parole is excluded. The article reports that a similar tightening was proposed in 2022 in Kazakhstan by Interior Minister Marat Akhmetzhanov (Марат Ахметжанов), who suggested raising detention to 25 days and replacing administrative warnings with community service. On Tajikistan, the article reports that only the 2013 Law “On the Prevention of Violence in the Family” applies, with Article 93 of the Administrative Code setting fines of 2–5 calculation indices (136–340 somoni) for family violence; there is no criminalisation and no alternative punishment targeting the abuser (arrest, community service). Individual measures are limited to educational talks, protective orders, searches and administrative detention; violation of a protective order is punishable by 5–15 days’ administrative arrest. The article reports that international bodies have repeatedly recommended criminalisation: the UN Committee against Torture (2013), CEDAW Committee (October 2013), OSCE Chairperson’s Special Representative on Gender June Zeitlin (Джун Цейтлин, 2015), and recommendations accepted under the 2016 Universal Periodic Review; citing a Human Rights Watch 2019 study, the article reports that police often push couples toward reconciliation and relatives pressure victims. The article reports a 2016 Committee on Women’s Affairs / Oxfam study (400 respondents, 6 regions) finding 97% of men and 72% of women thought women should endure violence to preserve the family. The article also reports on existing shelters, crisis centres, and newly-opened abuser-help centres in Levakant (Левакант) and Khujand (Худжанд). Sources cited: IA Fergana, Tajik Law on Prevention of Violence in the Family, UN CAT, CEDAW Committee, OSCE, UPR, HRW 2019, Committee on Women’s Affairs / Oxfam 2016.