Concluding observations on the combined fourth and fifth periodic reports of Tajikistan

Addendum

* In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited.

Note : The present document is being circulated in English, French, Russian and Spanish only.

Information provided by Tajikistan in follow-up to the concluding observations of the Committee *

[Date received: 28 September 2015]

Information of the Republic of Tajikistan

on the progress of the implementation of the recommendations of paragraph 18, subparagraphs (а), (b), (d) and (e) and of paragraph 32 , subparagraphs (b), (d) and (e) of the United Nations Committee on the Elimination of Discrimination against Women

18 (а): Laws to introduce amendments and additions to the Code of Administrative Offences and to the Police Act were drafted pursuant to this subparagraph and adopted on 19 March 2013.

The Code of Administrative Offences was supplemented with two articles — article 93 (Violation of the requirements of Republic of Tajikistan law on the prevention of violence in the family) and article 93 [sic] (Violation of the requirements of a restraining order)—that specify liability for violation of the requirements of law on prevention of violence in the family, that is, a deliberate act of a physical, psychological, or economic nature or the threat to commit such acts in the context of family relations if those acts violate the rights and freedoms of a family member in the absence of indicia of a crime, as well as violation of the conditions of a restraining order. Liability, in the form of a fine or administrative arrest, is specified.

In addition, the Police Act adds the use of individual measures to prevent domestic violence to the duties of police officers.

At this time, the Criminal Code specifies punishment for the following acts, which are of a violent nature: assault (art. 116), torture (art. 117), human trafficking (art. 1301), recruitment of persons for purposes of sexual or other exploitation (art. 132), rape (art. 138), sexual abuse under violence (art. 139), coercion into sexual intercourse or other acts of a sexual nature (art. 140), sexual intercourse or other acts of a sexual nature with a person under 16 (art. 141), sexual abuse (art. 142), bigamy or polygamy (art. 170), involvement of persons in prostitution (art. 238) and, inter alia, organization or maintenance of brothels or pandering (art. 239).

An interdepartmental working group continues to draft a new version of the Criminal Code and is also discussing the matter of criminalizing all forms of domestic violence in a separate article.

18 (b): In 2013, for purposes of fulfilling international obligations, the Parliament passed the Prevention of Domestic Violence Act. In 2014, the Government adopted the State Programme for the Prevention of Domestic Violence in the Republic of Tajikistan for 2014-2023. The strategic goal of this programme is to ensure the effective implementation of the mechanisms for preventing domestic violence with the participation of all State entities and the public, considerably improve the crime-fighting system, provide real protection of civil rights and freedoms protect Constitutional norms and to ensure family stability and prevent domestic violence. The objectives of the programme are as follows:

•Facilitate the implementation of State policy to prevent violence in the family;

•Form zero-tolerance attitudes in the community against domestic violence;

•Identify, prevent and eliminate the factors and conditions that promote violence in the family;

•Promote increased responsibility on the part of parents in raising and educating children;

•Prevent infectious diseases and promote a healthy lifestyle among the public;

•Protect the rights and interests of persons with disabilities;

•Create effective mechanisms for implementing the Prevention of Domestic Violence Act.

Drafted and adopted in 2014 году were the Republic of Tajikistan National Plan of Action for implementing the recommendations of the Committee on the Elimination of Discrimination against Women and the National Plan of Action for implementing Security Council resolutions 1325 and 2122.

On 29 May 2010, the Government adopted the National Strategy to Promote the Role of Women in the Republic of Tajikistan for the Period 2011-2020, section 7 of which is devoted to the prevention of violence against women.

18 (d): With an eye to implementing that subparagraph, the Committee on Women and the Family is doing work to explain to the public the provisions of the Prevention of Domestic Violence Act. With the support of the Project on Prevention of Domestic Violence (PDV), which is financed by the Swiss Agency for Development and Cooperation, the State Programme for the Prevention of Domestic Violence in the Republic of Tajikistan for the Period 2014-2023 was presented to representatives of State structures, public organizations, and international organizations, via the broad mobilization of the mass media. Such presentations were made in all regions.

The Committee on Women and the Family arranged a round table that was titled “Human Rights are of Supreme Value”, in which State structures, international organizations and civil society participated. To increase public awareness of the requirements of law with regard to liability for violence against women, some 2,200 copies of the Prevention of Domestic Violence Act were printed in Russian and Tajik and were disseminated.

To strengthen outreach and awareness-building work for the prevention of domestic violence, the Committee on Women and the Family, in conjunction with the Project on Prevention of Domestic Violence and the United Nations Population Fund (UNFPA), prepared animated films on the prevention of violence in the family that were shown on State television channels.

In addition, monthly meetings held throughout the country on the prevention of domestic violence involve discussion of family values, gender equality, the importance of education for boys and girls, the attitude of zero tolerance of violence in the family, and the discouragement of early marriages.

To raise public awareness of the law that was adopted, internal affairs officials, working with local executive bodies and non-governmental organizations, regularly appear on radio and television, run articles and feature stories in print and meet with the public.

The Ministry of Education and Science, in order to seethat the youth are better informed, is sponsoring the study of the Prevention of Domestic Violence Act at educational institutions of all levels so as to bolster the legal knowledge of students and schoolchildren.

That law is studied in classes on “Principles of the State and the Law” and “Human Rights” in grades 9-11, as well as in orientations for instructional classes and after-school and extracurricular activities.

Many of the topics of curricula for legal disciplines are geared to a study of that law. Published for schoolchildren and older students are age-appropriate study guides on civil and human rights in a democratic, law-based society, their participation in the development of society, compliance with the law and other legal issues.

The Public Administration Institute in the Office of the President conducts skill upgrade courses annually which include classes on such topics as “Legal Issues of Family Relations”, “Legal Framework of Gender Equality in the Republic of Tajikistan” and “Stress Prevention in the Activities of Civil Servants”, which examine issues involving the prevention of violence against women on the job, in the family, and in public settings.

A special course was introduced in 2013, titled “Problems in the Protection of the Rights of Children and Women within the Framework of Family Law of the Republic of Tajikistan” for fourth year law school students at the Tajik National University. An elective course on prevention of domestic violence was also introduced at the Academy of the Ministry of Internal Affairs in November 2010. The programme of instruction for this course involves the annual training of 125 third year cadets of department No. 2 of the Academy for 20 academic hours in each training group (there are six training groups), for a total of 120 hours. That same number of hours for 125 cadets is designated for an elective course on human trafficking.

In addition, elective courses on various aspects of that theme have been taught in collaboration with the Project on Prevention of Domestic Violence annually since 2006, in departments No. 2 and No. 3 of the Academy.

Internal Affairs staff members and Academy instructors regularly take training courses on domestic violence prevention and gender sensitivity in their activities.

Within the framework of the activities of the Working Group on Managing Police Reform, a subgroup for gender mainstreaming police reform has been created. The subgroup is called upon to introduce new ideas in two areas: the expansion of opportunities for women working on the police force, and the adjustment of approaches for working with people who have special needs.

An advisory panel in Parliament developed three training modules for prosecutorial and court staff members who handle civil suits. The modules were discussed at a round table that included law enforcement staff members. The final version took into account suggestions of round-table participants. In November 2014, those modules were used for two one-day training sessions for district court judges and prosecutorial staff, who were acquainted with the special features of the application of the Act in practical terms.

The advisory panel in Parliament also prepared a brochure titled “One Hundred Questions and One Hundred Answers on Domestic Violence” that sets forth the basic provisions of the Prevention of Domestic Violence Act in a simple format. A total of 10,000 copies of the brochure have been produced in four printings. In addition, in November 2014the advisory panel prepared and published explanatory notes on the Act. Work is under way at present to translate that into Russian.

On 19 and 20 November 2014, the National Centre for the Law in the Office of the Presidentconducted training for judges and prosecutorial staff on the topic of “Prevention of Violence in the Family”.

In the Centre’s courses for training judges, 221 judges of various levels underwent training in the Council of Justice and in addition to other legal and regulatory acts, they studied aspects of the application of the Prevention of Domestic Violence Act and the provisions of international law instruments recognized by Tajikistan, particularly the Convention on the Elimination of All Forms of Discrimination against Women.

To help prevent violence in the family and enhance the legal culture of the citizenry, 17 meetings were held with the public and 10 moot courts were prepared and broadcast on television channels.

In 2011-2013, the Ministry of Health and Social Protection created counselling offices at the National Medical Centre, at maternity hospital No. 2 of the city of Dushanbe, and at the maternity hospitals of Kurgan-Tyube and Kulyab of Khatlon Oblast, of the cities of Khudzhand and Kayrakkum of Soghd Oblast, and in the Vakhdat and Rasht rayons of republic subordination to provide medical services to women victims of violence in the family.

To increase the proficiency of medical specialists in the above cities, a seminar was held from 16 to 18 May 2013 in the city of Dushanbe, with the support of UNFPA and the public organization Chakhon, on the topic “Timely Diagnosis of Domestic Violence against Women and Provision of Primary Medical Assistance to Victims of Violence”; 25 medical workers were trained.

In 2014, also with the support of UNFPA, eight medical workers went through a proficiency raising training course in the city of Kishinev that consisted of five-day seminars and was titled “Provision of Primary Medical Assistance to Women Victims of Violence”.

Also in 2014, with an eye to raising public awareness, the State run National Centre for Reproductive Health, in fighting human trafficking and discrimination against women and in addressing aspects of reproductive health, conducted 1,110 discussions and meetings with 3,500 women and youth in the cities and rayons of Gorno-Badakhshan Autonomous Oblast; 10,000 discussions and meetings with 565,620 women and youth in Khatlon Oblast; 134,652 discussions and meetings with 724,670 women and youth in Soghd Oblast; 122,267 discussions and meetings with women and youth in rayons of republic subordination; and 137,211 discussions and conversations with 685,865 women and youth in the city of Dushanbe.

To boost knowledge of employees of the mass media of the cities of Dushanbe, Kurgan-Tyube and Khudzhand and of the rayons of republic subordination, a two day seminar was conducted with the support of the permanent representative office of the World Health Organization on the topic “Gender Dimensions”, during which 80 mass media specialists were trained. Awareness training with regard to equal rights and the consequences of early marriages is performed annually in villages among women of reproductive age.

By order of the Minister of Labour, Migration and Employment, a working group under the supervision of the Deputy Minister and other ministry officials was set up in 2014 to perform awareness-building work among labour migrants in all cities and rayons of the republic regarding new requirements of Russian Federation migration law.

Broad based educational work is also being done by local executive bodies of administrative authority. In all cities and rayons of the Soghd Oblast and in urban type settlements, groups of observers of 20 people each have been formed from among leading and active women, each of whom, twice a month, circulates among residents of her neighbourhood to check on daily living conditions and to solve family problems, as well as to raise informational and legal awareness of the people and prevent violence in families, especially among children, adolescents and labour migrants. Those groups have done outreach and awareness-building work among housewives on behalf of full-time groups in women and family affairs divisions in all oblast villages and dekhots [population centres].

It should be noted that, in keeping with the work plan, meetings, round tables and counselling seminars were held in 2014 in cities and rayons of the Soghd Oblast on the following topics: “Create Your Own Future”, “The Woman Leader”, ”The Woman and Law”, “The Woman against Violence”, “Prevention of the Breakdown of Young Families”, “Attracting Girls to the Third Stage of Education”, “ My Future Is in My Hands”, “ I Am Choosing My Profession Myself”, ”The Woman and the Law”, “Prevention of Negative Factors”, “Domestic Violence”, “Healthy Family — Healthy Society”, “Healthy Mother — Healthy Society” and “A Loving Look at the Woman”. Also, for purposes of increasing outreach work, the women and family affairs divisions in the cities and rayons of the oblast have formed various circles and clubs and have set up private counselling rooms.

In Khatlon Oblast, to strengthen mechanisms for preventing domestic violence; combat crime, particularly violence and immoral behaviour in the family; and safeguard social welfare and civil rights in the cities and rayons of the oblast, discussions and meetings have been held and a presentation was made of the State Programme for the Prevention of Domestic Violence for 2014-2023, and seminars were arranged on the topic “Use of Mechanisms for the Prevention of Domestic Violence” in the cities of Kulyab and Kurgan-Tyube. To raise women’s awareness, full-time groups of women activists of the oblast, cities, and rayons conduct meetings and discussions on family planning, as well as on arranging ceremonies and traditions, rearing the younger generation, preventing crime among women, encouraging girls to attend and stay in school, preventing violence in the family, preventing gender stereotyping, providing job opportunities for women, simplifying women’s access to work on dekhkan farms and raising women’s level of education.

Since 2014, the television programmes “Zan va zindagi” (Women and Life), “Farkhangi oiladori” (Culture of Behaviour in the Family) and “Zamon” (Time), in which women activists and model families take part, have been broadcast regularly on behalf of oblast organizations and enterprises in cooperation with the Khatlon Oblast Television and Radio Authority, for the purpose of preventing factors that promote violence in the family, protecting civil rights and preventing the break-up of families.

The 17 June 2014 resolution of the Chairman of the City of Dushanbe on the Approval of the Action Plan of the Local Executive Body of Administrative Authority in the City of Dushanbe on the Implementation of the 3 May 2014 resolution No. 294 of the Government of the Republic of Tajikistan on the State Programme for the Prevention of Domestic Violence in the Republic of Tajikistan for the Period 2014-2023 has been under implementation since June 2014. In keeping with that Plan, work is under way in the city of Dushanbe to prevent and eradicate domestic violence and to develop an attitude of zero tolerance of all forms of violence, whether in the home or in public places. Experts of the Office of Women and the Family of the City of Dushanbe and the State-run Women’s Awareness Centre of Dushanbe have developed modules for conducting educational programmes for staff members of internal affairs bodies, the health-care sphere and women’s support centres on the topics “Early Detection of Signs of Domestic Violence and First Aid for Victims”, “Legislative Aspects of the Protection of Victims of Domestic Violence” and “Monitoring and Assessing the Activities of Crisis Centres in the Republic of Tajikistan”, on the basis of which special three-day seminars are held quarterly for staff members of internal affairs bodies and representatives of the health-care sphere and public organizations whose work includes providing support to women and children who are victims of violence in the home or in public places. In addition, meetings are regularly held in makhallyas and microdistricts of Dushanbe on the prevention of domestic violence, and there are discussions of family, gender equality, the importance of education for boys and girls, the attitude of zero tolerance of violence in the family and the discouragement of early marriage.

18 (e): Pursuant to the Programme of Judicial and Legal Reform in the Republic of Tajikistan for the Period 2011-2013, a working group was created to develop a draft law on the provision of free legal assistance. The working group has prepared a draft of that law, which is now in the approval stage.

To carry out paragraph 5 of the Action Plan to Implement the Programme of Judicial and Legal Reform in the Republic of Tajikistan for the Period 2015-2017, the Conceptual Framework for Providing Free Legal Assistance to the Public wasdeveloped and adopted. The Conceptual Framework makes provision for a test of the new system of free legal assistance in certain locales and covers issues associated with financing the provision of legal advice.

In addition, the Bar and Advocacy Act was adopted to follow that recommendation. The aim of that law is to define the legal bases for advocacy, for the rights and obligations of attorneys and for the guarantee of the exercise of the rights of citizens to receive qualified legal assistance and, inter alia, the legal bases for the formation of governmental and non-governmental systems of free legal assistance.

State institutions and public organizations are operating in Tajikistan to provide practical assistance to women victims of domestic violence: the Government Committee on Women and the Family; the Bovari (Trust) Crisis Centre for Women; the Committee’s Support Centre for girls who are victims of violence; internal affairs domestic violence inspectors; information and counselling centres in local executive bodies of administrative authority (110); and non-governmental organization crisis centres for the rehabilitation of women who have been subjected to violence (18). In all, functioning in the Republic at present in governmental bodies and public organizations are 33 crisis centres and three temporary shelters, which provide direct assistance to domestic violence victims.

At the Government Support Centre for girl victims of violence and the Charogi Khidoyat State Centre for the instruction of orphan girls, social workers do awareness-building with the target group, and instructors provide an academic programme for the target group (girls 10-18 years of age who are victims of violence).

The Bovari (Trust) Crisis Centre for Women counsels women violence victims in legal and psychological matters, has set up a telephone hotline and publishes brochures and booklets. Representatives of the Centre appear in the mass media and take part in judicial proceedings with an eye to protecting women’s rights. From 2004 through 2010, more than 8,000 women contacted the Bovari Centre for counselling. Over the span of 2012 and 2013, a total of 3,268 individuals contacted the Committee on Women and the Family’s Bovari Crisis Centre, and 3,054 of them were women. A total of 1,714 of the contacts involved questions about domestic violence.

The internal affairs domestic violence inspectors give explanatory lectures, compile records and gather data on domestic violence. Special departments for handling domestic violence operate in two internal affairs divisions of Dushanbe. The position of domestic violence prevention inspector was created on 17 March 2010 for purposes of implementing the Programme for the Prevention of Violence against Women in the Family, and with the support of the OSCE, five specialized offices for such inspectors were opened in Tajikistan (two in the city of Dushanbe, two in Khatlon Oblast, and one in Soghd Oblast). Three additional offices opened in 2013. It is mainly women who have undergone special training and have taken various training courses who are working as domestic violence prevention inspectors. Functional duties and report forms have been developed for those inspectors, and procedural recommendations have been generated for official use for district police inspectors in the prevention of violence in the family. The inspectors submit monthly reports on work done. Over five months in 2015, a total of 81 domestic violence complaints were examined, 32 involving violence against women, 2 involving violence against minors, and 11 involving violence in the home. The district police inspectors and the domestic violence prevention inspectors also meet with the public and with the staffs of enterprises, institutions and secondary and higher learning institutions. To prevent domestic violence against women, work with troubled families by district police inspectors has been intensified. Within the framework of the programme to prevent domestic violence against women, internal affairs staff make radio and television appearances.

To raise the legal awareness of citizens and prevent abusive acts, including domestic violence, 110 information and counselling centres in which lawyers and psychologists provide practical assistance to individuals have been set up, with the support of social partners in the women and family affairs divisions and sectors of executive bodies of administrative authority of oblasts, cities and rayons of the Republic.

Those centres function within the Committee on Women and the Family and are financed from the budgets of local executive bodies of administrative authorities.

At non-governmental organization crisis centres for the rehabilitation of women who have been subjected to violence, lawyers and psychologists provide legal and psychological counselling and make appearances in the mass media. Some 20 to 50 women a month contact them.

To provide free legal support and suitable assistance for women victims of violence in the city of Dushanbe, the State-run Women’s Awareness Centre of Dushanbe has been in operation since September 2010, its work aimed at protecting the rights and opportunities of women of the capital. The institution offers free legal and psychological counselling, as well as paramedical first aid to women suffering hardship. Operating within the institution is the Support Centre for Women Suffering Hardship. Some 7,950 copies of booklets were printed from 2012 through 2014 and are regularly disseminated among the public to spread the word about its services.

In 2014, educational tours were arranged to the Federal Republic of Germany (June) and to Moldova (October) to acquaint representatives of local executive bodies of districts of Dushanbe with the activities of “crisis centres” and “temporary shelters for women”. In-house regulations have now been developed for the temporary shelter for women victims of domestic violence.

32 (b): The Committee on Women and the Family, in conjunction with UN-Women and the regional office of the International Organization for Migration, within the framework of the Trust Fund for Human Security, is monitoring households in terms of social services, to determine qualitative indicators for vulnerable groups, including women living with HIV/AIDS, indigent women, wives of labour migrants, and women migrants.

Included in the development of the action plan for the National Strategy to Promote the Role of Women in the Republic of Tajikistan for the Period 2011-2020 was a system of quantitative and qualitative indicators for vulnerable groups, including women with disabilities, indigent women, women living with HIV, wives of labour migrants, and women migrants.

Standing measures are being implemented to improve the socio-economic position of vulnerable groups of women. For example, in September 2014, the State-run Adult Education Centre, under an agreement with the public organization Chakhon, began job training for women inmates at the YaS/8 correctional facility of the city of Nurek. Three training courses were conducted with the support of DVV International. Four training rooms were set up in the facility for teaching computer skills, culinary skills, sewing, and hair styling. A total of 81 women inmates have received certificates.

In the first half of 2015, 246 women migrants who had returned to their homeland contacted labour and employment agencies for job placement. They were enrolled in training courses and provided temporary or permanent jobs.

In collaboration with UNFPA, the Committee has conducted health fairs titled “Societal Skills Development for a Decent Life and Social Protection”, in which more than 700 women have taken part, including women from vulnerable groups. Legal, medical and psychological counselling has been provided to women and their family members at the event. Sanitary napkin packets have also been given out.

32 (d): Provisions of international instruments involving citizenship and refugees have been incorporated into domestic law. The amended Constitutional Law on Republic of Tajikistan Citizenship has been adopted. The Law contains progressive provisions that create safeguards to prevent statelessness. The Law also contains safeguards against loss of citizenship when it involves the citizenship of spouse or children and statelessness in children in cases in which both or one of their parents loses citizenship. Also important is the fact that children whose parents have lost their citizenship cannot become stateless persons. The Law contains norms stipulating that the entry into or dissolution of a marriage between a Republic of Tajikistan citizen and a person who does not have Republic of Tajikistan citizenship does not result in a change in citizenship. The dissolution of the marriage does not result in any change for children born or adopted into the marriage. Tajikistan encourages the acquisition of citizenship and has no objection to the receipt of citizenship of another State.

There are cases in the Republic in which persons have no documents verifying their citizenship. Many of them cannot prove citizenship of any kind, and their status is unresolved. A solution to the problem could be one time only legalization, i.e., amnesty for such persons. Plans call for revision of subordinate legislation that governs matters of citizenship, as well as of refugees and persons seeking asylum in the Republic. At the moment, a Government working group is addressing the matter of studying and resolving such issues. The working group plans to do outreach work, determine the number of persons without valid residence documents, develop a methodology for identifying persons who cannot prove their citizenship in the Republic and define the categories of such persons, document them and then legalize them.

To ensure mandatory registration of births, an amendment was made to the State Registration of Civil Status Instruments Act (art. 18) according to which application for registration of the birth of a child must be submitted no later than three months after the date of birth of the child. A parent who does not submit application for State registration of the birth to the Registrar within that period is liable under the law.

Moreover, according to the Responsibility of Parents for Training and Upbringing Act, one of the obligations of parents in child rearing is to ensure State registration of the vital record within three months of the birth of a child. In cases in which the obligations in terms of the training and upbringing of children are not performed or are performed improperly, parents are held liable under the law.

32 (e): At present, by order of the President, ministries and departments are studying the question of the accession of the Republic of Tajikistan to the Convention relating to the Status of Stateless Persons (1954) and the Convention on the Reduction of Statelessness (1961).