In Tajikistan, fighting gender-based violence systemically through the legal realm
December 5, 2024
One-year-old Abdullah stands out as the youngest attendee of this legal training in Tajikistan. He’s here to support his mother, Shukrona Odinaahmadzoda, a 24-year-old lawyer eager to advance her expertise in civil law.
“I am a history and law teacher at Dushanbe High School No. 67,” Shukrona shares. “It was my husband, himself a passionate advocate of education, who encouraged me to take part in this training.” The experience has been inspiring for her, learning from some of the most respected legal advocates in the country.
Shukrona’s story is not unique to this training, organized by UNDP as part of their project supporting women’s education. Many participants have arrived with the support of their families, which is crucial for women’s advancement in Tajikistan.
Upon completion of the trainings Shukrona and her fellows will receive certificates which will give them the right to work as advocates and advance women’s rights in their communities.
According to UNICEF Tajikistan, only 68 percent of girls continue their education in grades 9-11, with just 31 percent entering university and only 13 percent graduating. Societal norms and family expectations often push girls to prioritize family life over education, especially in rural areas.
That is why the amendments to the Law "On Education" law now make education in grades 10-11 mandatory. Students must continue their studies in colleges or technical schools if they do not complete these grades in school. This change not only supports women's personal advancement but also contributes to a more equitable society.
Sadbarg Hamidzoda, a 25-year-old graduate, reflects on the challenges she faced during her university years. Marriage disrupted her academic journey, and in an environment marred by domestic violence, she couldn’t attend classes regularly. This training and internship are essential steps in rebuilding her career as a lawyer.
“It’s been an important opportunity, especially as I work to regain my footing after divorce,” Sadbarg shares.
“As a survivor of domestic violence, I want to use my own experiences, along with the knowledge I’ve gained here, to specialize in civil and family law.”
Addressing women’s issues through legal measures in Tajikistan remains challenging. Many women are unaware of their rights to report domestic violence and other issues, while others choose to remain silent or feel uncomfortable discussing these matters with male duty bearers.
Although protective laws exist, their implementation is often hindered by deeply rooted traditions and limited legal literacy, particularly among women in rural communities. Increasing the number of women advocates could significantly help bridge these gaps and empower women to seek justice.
Sadbarg’s mother, Gulnora Muhiddinova, supports her daughter’s journey, and urges other mothers to encourage their daughters to prioritize their careers and ambitions over societal pressure for early marriage.
“No rush into marriage - building a career is crucial for the future of young women,” she emphasizes.
Zarina Qurbonova,25, plans to be a women’s rights advocate in her hometown. “I want to be not just a lawyer, but a reliable support for the countless women who suffer from domestic violence, many of whom mistakenly believe it is a normal part of family life,” says Zarina. “I am determined to help these women.”
In Tajikistan, domestic violence is often seen as a normal part of family life, creating significant barriers for survivors seeking justice. The training equipped participants with tools to challenge societal norms, assist survivors in filing lawsuits against abusers and provide broader legal aid.
A special session with a neurologist focused on the profound impact of trauma on victims, highlighting the necessity of understanding the mental and physical effects of violence to provide effective legal representation.
Throughout the program, interns worked in small groups, drafting key legal documents such as divorce petitions, alimony requests, and complaints addressing the inaction of law enforcement bodies. They presented their work to peers and mentors, refining their arguments and strategies through feedback and collaboration.
The mentors are vital bridges to their future careers, helping them establish themselves sustainably in Tajikistan’s legal landscape. After the internship program, the young women will sit for an exam to qualify as lawyers under the Ministry of Justice of Tajikistan. Passing this exam will not only validate their hard work but will also grant them automatic membership in the Union of Advocates of Tajikistan, officially empowering them to serve their communities.
This internship is part of the Union of Advocates' Internship Program for Young Women Lawyers, organized by UNDP as part of their Supporting Women’s Legal Education project. The program equips participants with essential writing skills and covers critical topics, including the "On the Prevention of Violence in the Family" law.
The law aims to protect survivors and prevent violence through awareness, support services and intervention measures. However, implementation faces significant challenges, including a lack of criminal penalties for many forms of domestic violence, limited awareness of the law among the population, and insufficient training for law enforcement and judicial staff. These issues often result in inconsistent application and limited access to justice for survivors.
Addressing these issues means also involving those responsible at the next legal level – those in the judiciary. Eleven judges from Tajikistan’s Supreme Court attended a recent intensive workshop designed to align their approach to handling cases involving gender-based violence (GBV) with international best practices.
International experts provided up-to-date best practices on judicial responses to GBV globally, and an advocate who specializes in providing access to justice for GBV survivors shared the challenges survivors face in getting support from law enforcement and courts. A neurology expert explained how traumatic experiences leave a long-term impact on the human brain and affect the behavior of GBV survivors, showing how the trauma can impact the ability of a survivor to tell her/his story.
This workshop was part of Tajikistan’s ongoing efforts to build the capacity of justice sector actors to deliver gender-responsive, trauma-informed and survivor-oriented services.
Facilitator Morgane Landel emphasized the critical role that judges play in the governmental response to GBV. "Having judges as participants in this workshop is paramount because they are the main duty bearers who can foster a better environment for a society free from gender-based violence.”
Reflecting on the current state of the legislative framework, Judge Daler Kholikmuradzoda, a participant, noted that although steps have been taken to prevent GBV and support victims in Tajikistan, more efforts are still required: "In our society, some challenges related to this issue, such as people’s lack of awareness and lack of attention to domestic violence issues due to societal norms traditions are still persistent."
An adult education expert shared techniques with the judges for effectively training their peers, to ensure that women who come forward with complaints of GBV, especially domestic violence, receive the necessary and effective support.
“Most of the judges who participated in this workshop are trainers tasked with equipping other judges with practical knowledge,” highlighted participant and Supreme Court judge Mavjuda Pulodi. “This knowledge empowers us to critically examine our practices and to ensure that our responses as judges are not only legally sound but deeply compassionate and informed by the experiences of survivors.”
This workshop for the judges was the first in a series of justice sector trainings on the topic, and future participants will include civil society organizations and lawyers. It’s all part of a USAID Stop Gender-Based Violence Project, in collaboration with UNDP Tajikistan.
The project also produced A Reference Guide for the Judiciary on GBV, with Supreme Court judges collaborating with experts to outline best practices and domestic law and a platform for civil society organization capacity development to provide opportunities for growth in response to civil society needs. Grants will be provided to CSOs for research on governmental GBV practices and to support innovative GBV services.
As Tajikistan continues to align its legal framework and policies with international best practices, UNDP remains committed to collaborating with national partners to ensure that survivors of GBV receive the support and justice they deserve.