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Tajikistan: People living with HIV complain of stigma and discrimination

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Despite the fact that the world has long revised attitudes towards HIV infection, in Tajikistan people living with HIV face difficulties with employment, they have problems with getting an education and even treatment in regular polyclinics is sometimes impossible for them if they disclose their status.
The story of Nigina
Six years ago Nigina (name changed) was diagnosed with HIV when she was pregnant. Since then she has been confronted with a variety of difficulties and discrimination.

She believes she was infected by her husband, who was in labor migration in Russia, although he denies it, accusing her of cheating.

"My husband was a labor migrant for many years. When he came to Tajikistan for the last time, I became pregnant with my second child. During the examination, I was diagnosed with HIV. The doctors said that my husband should be examined as well, but he did not agree, accusing me of cheating on him and saying that it was me who infected him. I tried to explain to him that I didn't do anything wrong and that I don't know how I got infected. But he did not believe me and gave me a 'talok' (divorce)," says Nigina.
She says she constantly faces negative attitudes towards herself and her child. According to her, Tajik society treats HIV patients badly and especially if the person is a woman. People immediately think she is "windy."

"My five-year-old child was also confirmed to have this diagnosis. I put him in kindergarten and after a week he came and said he wouldn't go there anymore because no one was playing with him. I went to the kindergarten teacher, tried to talk to her, and explain. But all in vain. She herself thinks that my son is a threat to others. I had to take him out of the kindergarten. Now he stays at home and doesn't even go out. If he does go out, he comes back after 10-20 minutes crying. Neighbors do not allow their children to play with my child. It is very painful for me that my son has already faced discrimination and stigma at such a young age," she says.
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Even medical professionals often discriminate against people living with HIV, Nigina says. Several dentists refused to treat her as soon as they found out about her HIV status.
When I go to doctors, I tell them right away that I have HIV. For many months I suffered from toothache. I went to several dentists to get my teeth cured, but they refused as soon as they found out about my status. It was only one doctor who was recommended to me by an acquaintance, who examined me and prescribed treatment.
- says Nigina
Tajik society is living with old stereotypes about HIV/AIDS
According to data from the National AIDS Committee, 732 new cases of HIV infection were registered in the country during the first nine months of 2021.

In total, according to data presented in the National HIV/AIDS Program 2021-2025, the total number of officially registered HIV cases in Tajikistan for 2020 was 11,986, of whom 7,698 (64.1%) were men and 4,288 (35.8%) were women.


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Tahmina Haidarova, head of the NGO "Tajikistan Network of Women Living with HIV" believes that despite globalization and the immense amount of information, Tajik society is still living with old stereotypes and stigmatizing people living with HIV.

"Old stereotypes of stigma and discrimination, such as "HIV - the plague of the 21st century" (although HIV is a manageable disease and poses no threat to society), "HIV is a disease of promiscuous people" (sex workers) still drive people. Because the population is unaware of the disease, people living with HIV are not being hired. And if they find out at work, they are fired under any guise. HIV-positive people cannot study at medical universities and institutes," Haidarova said.

All these stereotypes are outdated, she said. The long-term practice has shown that with the development of medicine, people living with HIV can now have a healthy family, healthy children, and they are safe for others.
Laws on the stigmatization of people living with HIV are insufficient
Lawyer Larisa Aleksandrova noted that both Tajikistan's Criminal Code and the Code of Administrative Offences do not contain specific provisions on liability for discrimination against people living with HIV.

The Criminal Code of Tajikistan has Article 143, "Violation of Equal Rights of Citizens," which states: "Intentionally, directly or indirectly discriminates against people living with HIV:

"Intentional, direct or indirect violation or restriction of the rights and freedoms or the establishment of direct or indirect advantages of citizens on the basis of sex, race, nationality, language, social origin, personal, property or official status, place of residence, attitude to religion, beliefs, membership of political parties, public associations, causing harm to the rights and legitimate interests of a citizen, shall be punished by a fine of two hundred to five hundred indicators for calculations (from about 1130 to 2820 USD), or sentenced to imprisonment for up to 2 years.

But these norms have their disadvantages, Alexandrova noted.
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"As we can witness, it lacks a reason for violating rights such as a state of health. And in principle, when it comes to liability for discrimination, this list should not be limited. The UN Human Rights Committee notes this in its concluding observations to Tajikistan in 2019," the lawyer says.
"Article 17 of the Constitution and other legislative acts guarantee the equality of all people before the law and the exercise of their rights without discrimination on a number of grounds. The UN Human Rights Committee notes with concern that the existing legal framework does not provide comprehensive protection against discrimination on all the grounds prohibited under the Pact," Alexandrova notes.

There is general criminal liability for violation of the right to work in Article 153 of the Criminal Code, "Violation of Labor Laws," she points out.
"Knowingly unlawful dismissal of a person from work, failure to comply with a court order to reinstate them in their previous job, as well as other intentional violations of the labor legislation of the Republic of Tajikistan is punishable by a fine of one to two thousand calculation indicators (from $5,640 to $11,290), or imprisonment for up to three years (in the version of the Law of RT №35 dated May 17, 2004, and №422 dated October 6, 2008)," she notes.
Nevertheless, as practice shows, because of ignorance of their rights only a few Tajiks living with HIV are ready to defend their rights in court, both experts noted.
This material was prepared within the framework of the IWPR project "Amplify, Verify, Engage: Information for Democratisation and Good Governance in Eurasia", funded by the Norwegian Foreign Ministry, and the mentoring program of the "Development of New Media and Digital Journalism in Central Asia" project, implemented by the Institute for War Reporting and Peace (IWPR) with the support of the UK Government. The content of this publication does not reflect the official views of IWPR, the Norwegian Foreign Office, or the UK Government.
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