Tajikistan remains in the hands of a largely authoritarian government, although it has established some nominally democratic structures. The Government's narrow base of support limits its ability to control the entire territory of the country. The Government of President Emomali Rahmonov, which consists largely of natives of the Kulob region, continued to dominate the State, even though some Kulobis were removed from senior positions in 1998 and opposition members were taken into Government. The judiciary is not independent.

Tajikistan took a significant step toward national reconciliation after its 1992 civil war with the June 1997 signing of a comprehensive peace accord. Under the provisions of the accord, the Commission of National Reconciliation (CNR) began work in July 1997, and has made some progress in establishing peace. By year's end, the Government almost had fulfilled its obligation to name United Tajik Opposition (UTO) candidates to 30 percent of senior government positions. The UTO had registered virtually all of its fighters in anticipation of their demobilization or reintegration into regular military units. The return during the year of virtually all exiled UTO leaders and Tajik refugees from Afghanistan constituted further progress. However, implementation of the peace agreement (originally scheduled to be completed during the year) is still behind schedule, and basic issues such as constitutional amendments, legalization of banned political parties, and the disarming or reintegration of fighters remain to be resolved. Parliamentary elections that were scheduled under the agreement to take place in June are not expected to be held until 1999 at the earliest. In addition the United Nations Mission of Observers to Tajikistan (UNMOT) has reported several cease-fire violations. The killing of four UNMOT personnel in July led to the temporary withdrawal of most UNMOT observers. Internal security is the responsibility of the Ministries of Interior, Security, and Defense. The Russian Army's 201st Motorized Rifle Division, part of a Commonwealth of Independent States (CIS) peacekeeping force established in 1993, remained in the country. The Russian Border Guard Force (RBF) reports to Moscow and has primary responsibility for guarding the border with Afghanistan. It consists mostly of Tajiks with some Russians and a limited number of other Central Asians, although the officer corps remains principally Russian. The Government depends militarily on a handful of commanders who use their forces almost as private armies. The soldiers of some of these commanders are the source of serious problems, including crime and corruption. Some regions of the country remained effectively outside the Government's control, and government control in other areas existed only by day, or at the sufferance of local opposition commanders. Some members of the security forces and government-aligned militias committed serious human rights abuses.

The economy continued to be extremely depressed, and government revenue remains highly dependent on the government-dominated cotton and government-owned aluminum industries. The economy also suffers from narcotics trafficking, other forms of corruption, and crime in general. Most Soviet-era factories operate at a minimal level, if at all. Small-scale privatization is over 60 percent complete, but medium- to large-scale privatization still is stalled. Government figures show a 3.8 percent increase in gross domestic product during the first 8 months of 1998, but also indicate that as much as one-third of the total population is unemployed or underemployed. The Tajik ruble remained stable until its value fell in August, mainly as a consequence of the economic crisis in Russia. The inflation rate has stabilized at 7 percent, and the Government essentially has followed recommendations by international financial institutions to establish fiscal and budgetary discipline. Many, but not all, wages and pensions are being paid. There were serious shortages of natural gas for heating and industry, largely as a result of continued disputes with Uzbekistan over natural gas purchases. The Government states that per capita gross domestic product is approximately $230 to $300; other estimates are lower.

The Government's human rights record is poor and made only limited improvements in a few areas over last year. The Government limits citizens' right to change their government. Some members of the security forces were responsible for killings and beatings, and frequent abuse of detainees. These forces were also responsible for threats, extortion, looting, and abuse of civilians. Certain battalions of nominally government forces operated quasi-independently under their leaders. The Government prosecuted few of the persons who committed these abuses. Prison conditions remain life threatening, and the Government continued to use arbitrary arrest and detention, and lengthy pretrial detention remains a problem. Basic problems of rule of law persist. There are often long delays before trials, and the judiciary is subject to political and paramilitary pressure. The authorities infringe on citizens' right to privacy.

The Government severely restricts freedom of speech and of the press, and essentially controls the electronic media; however, two new opposition newspapers began publishing during the year. The authorities strictly control freedom of assembly and association for political organizations. One new party was allowed to register in 1998, but the registration of another was held up by bureaucratic delays. Three opposition parties and a branch of a fourth affiliated with the armed opposition remained suspended. There are some restrictions on freedom of movement. The Government cooperated to a limited extent with the Organization for Security and Cooperation in Europe (OSCE) in Dushanbe and in some field offices, but the officer in Pyanj was accused of destabilizing the area and ordered out of the district by local officials for a period of 2 weeks in May. The Government still has not established a human rights ombudsman position, despite a 1996 pledge to do so. Violence against women is a problem, as is discrimination against the disabled.

The general weakness of the Government and its limited ability to maintain law and order were evident in the armed clashes between the Government and opposition forces at various points during the year. The actions led by Mahmud Khudoiberdiev in November indicated dissatisfaction among those who feel blocked from participation in the current inter-Tajik peace process. Other clashes during the year involved UTO elements. All of these clashes resulted in civilian deaths, abuse, and property damage. There are credible reports of excesses by both opposition elements and government forces involved in these clashes. Following the November antigovernment action led by Mahmud Khudoiberdiev, there were allegations of heavy-handed treatment of civilians in the Leninabad region by government forces seeking to identify potential insurgents and locate caches of weapons allegedly left behind by Khudoiberdiev's forces. There are credible reports that Ministry of Interior troops killed civilians during and after May and July clashes near Dushanbe.

The armed opposition committed serious abuses, including killings and abductions. There were credible reports that UTO units threatened, extorted, and abused the civilian populations.

Section 2 Respect for Civil Liberties, Including:

c. Freedom of Religion

The Constitution provides for freedom of religion, and neither the law nor the Government places restrictions on religious worship. However, according to the Law on Freedom of Faith, the Committee on Religious Affairs under the Council of Ministers registers religious communities and monitors the activities of the various religious establishments. While the official reason given to justify registration is to ensure that religious groups act in accordance with the law, the practical purpose is to ensure that they do not become overly political. Although unregistered, recently organized religious communities, such as Baha'i and Hare Krishna groups function with no apparent formal restriction and only limited experiences of prejudice. However, regularly throughout the year, President Rahmanov aggressively defended secularism and occasionally criticized Islam as a political threat.

In 1997 the Council of the Islamic Center was subordinated to the Government Committee on Religious Affairs. This move took place quietly, and with no apparent objection from the observant Muslim community.

Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation

The Constitution provides for the right of citizens to choose their place of residence, to emigrate, and to return. In practice the Government generally respects these rights, with some restrictions.

The Government has stipulated that both citizens and foreigners are prohibited from traveling within a 25-kilometer zone along the republic's borders with China and Afghanistan without permission from the Ministry of Foreign Affairs. This restriction is not always enforced along the western part of the border with Afghanistan, but a special visa generally is required for travelers, including international workers and diplomats, to Gorno-Badakhshan. Travel to border areas in the southwest is not restricted significantly, except occasionally at the border, which is closed intermittently by one side or the other.

Residents of Dushanbe and those travelers who wish to remain longer than 3 days are supposed to register with central authorities, and regulations require registration at the local Ministry of Interior office upon arrival and departure from a city. However, these regulations largely are ignored in practice. There are no legal restrictions on changing residence or workplace.

The Ministry of Security inhibits freedom of travel by requiring citizens who wish to travel abroad to obtain an exit visa. This process sometimes includes lengthy interviews. The Ministry of Security sometimes withholds or delays exit visas when it believes that other ministries or NGO's are infringing upon its jurisdiction and have not adhered to its formalities for foreign travel.

There is no law on emigration. Persons who wish to migrate within the former Soviet Union notify the Ministry of Interior of their departure. Persons who wish to emigrate beyond the borders of the former Soviet Union must receive the approval of the relevant country's embassy in order to obtain their passport. Persons who settle abroad are required to inform the Tajikistan embassy or Tajikistan interests section of the nearest Russian embassy or consulate.

Persons who wish to return to Tajikistan after having emigrated may do so freely by submitting their applications to the Tajikistan embassy or Tajikistan interests section of the nearest Russian embassy or consulate. The Government adjudicates requests on a case-by-case basis. There is no indication that persons, other than those who fled Tajikistan for political reasons after the civil war, are not permitted to return freely. Some persons currently active with the Tajik opposition, whose travel documents expired, at times have had difficulty obtaining new documents permitting them to return.

There remain over 12,000 internally displaced persons (IDP's) as a result of the 1992 civil war; however, the vast majority no longer wish to return to their previous residences. The International Organization for Migration estimates that only approximately 1,000 IDP's still await resettlement. These persons live throughout the country and are not concentrated in a single geographic area. The Government provides protection and modest assistance, and actively cooperates with international organizations to resettle them. Resettlement is voluntary; IDP's are not returned forcibly to dangerous conditions.

Under the 1994 refugee law, a person granted refugee status is provided with the right to work and to move freely throughout the country. The Central Department of Refugee Affairs under the Ministry of Labor has responsibility for the registration of refugees.

The Government cooperates with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in assisting refugees. There were no reports of the forced expulsion of persons with a valid claim to refugee status.

There were no reports of the forced return of persons to a country where they feared persecution. There is no legal basis for forcible repatriation, nor is there any evidence to suggest that it was practiced in 1998. The Government, particularly the Ministry of Labor, worked closely with the UNHCR and the International Organization for Migration on behalf of refugees and internally displaced persons.

The Government provides first asylum, and has provided it to 1,060 refugees from Afghanistan since July 1995. There were no instances of first asylum in 1998.

The Central Department of Refugee Affairs (CDR), under the Ministry of Labor, handles the registration of Afghan refugees, in accordance with the 1951 U.N. Convention Relating to the Status of Refugees and Tajikistan's 1994 Law on Refugees. An unresolved problem stems from the unofficial government policy of denying official status to Afghan spouses of returning Tajik refugees. Although the UNHCR has aided their admission to the country (avoiding their being jailed as illegal immigrants), their legal status remains uncertain and the Government took no action on the problem during the year.

Following the signing of the 1997 peace accords, all Tajik refugees from northern Afghanistan who wished to return as well as thousands from the Commonwealth of Independent States (CIS) returned to Tajikistan. There continue to be delays associated with the occupation of the returnees homes by popular front militia loyalists; at year's end, 294 families in Khatlon and another 100 in Dushanbe still require housing assistance.

Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

Religious Minorities

Muslim leaders occasionally have expressed concern that minority religious groups undermine national unity.

Muslims have harassed non-Muslim women for not wearing traditional attire.

National/Racial/Ethnic Minorities

After the civil war, over 75,000 people of primarily Gharmi and Pamiri origin fled to Afghanistan to avoid reprisals by progovernment forces. Most of these persons returned in 1994, 1995, and 1996, and many more returned after the June 1997 signing of the peace accords. All refugees in Afghanistan who wished to do so have returned. In general security for returning refugees was good, and the OSCE reported that the large inflow of returnees that began in the summer of 1997 suffered virtually no harassment.

With the exception of the trilingual (Tajik/Uzbek/Russian) school structure, Uzbek has no official status, although Uzbeks constitute nearly one-quarter of the population. The Government permits radio and television broadcasts in Russian and Uzbek, in addition to Tajik. In practice Russian is the language of interethnic communication and widely used in government. Ethnic Russians and related Russian speakers, for example, Ukrainians, make up less than 2 percent of the population. While the Government repeatedly has expressed its desire for the ethnic Russian and Slavic population to remain, economic conditions provide little incentive for them to do so, and some local Russians and other Slavs perceive an increase in negative social attitudes toward them. A Slavic university and an exclusively ethnic Russian high school operate in Dushanbe with Russian as the language of instruction. An agreement ratified by the Russian Duma in December 1996 allows for dual Russian and Tajik citizenship.

There is substantial underrepresentation of the Uzbek minority in official positions. Uzbek language newspapers, television broadcasts, and schools have declined significantly in number since 1992. Since the signing of the peace treaty in 1997, there have been multiple murders of ethnic Uzbeks in the Parij district. As a result of these attacks, more than 100 ethnic Uzbek families have moved to other locations in the district where Uzbeks predominate or to neighboring CIS countries. In an effort to reduce ethnic tensions, the local government has organized meetings to ease conflicts. A number of suspects for the murders of Uzbeks in July were arrested.

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