Committee on Economic, Social and Cultural Rights

Seventy-second session

26 September–14 October 2022

Item 6 (a) of the provisional agenda

Consideration of reports: reports submitted by States parties in accordance with articles 16 and 17 of the Covenant

Replies of Tajikistan to the list of issues in relation to its fourth periodic report *

[Date received: 6 September 2022]

Information on the Committee’s list of issues in relation to the fourth periodic report of Tajikistan

Reply to the issues raised in paragraphs 1 and 2 of the list of issues ( E/C.12/TJK/Q/4 )

1.In accordance with paragraph 6 of the 2015–2020 National Action Plan for the Implementation of the Recommendations of the Committee on Economic, Social and Cultural Rights, the Supreme Court Judicial Training Centre regularly conducts training seminars. In 2021, 162 judges and 105 court officials took part in the seminars. Training was also provided on:

National and international juvenile justice standards (for 183 judges)

The United Nations Convention against Corruption, the Istanbul Anti-Corruption Action Plan and the specificities of examining cases of corruption (for 98 judges)

The 2020–2025 National Plan for the Implementation of the Recommendations of the Human Rights Committee (for 118 judges)

The 2020–2025 National Plan for the Implementation of the Recommendations of the Human Rights Committee (43 recommendations on freedom of religion and belief) (for 118 judges)

The application of the International Covenant on Civil and Political Rights in judicial practice (for 76 court officials)

2.With regard to the judicial and legal reform programme implemented to bring the Constitutional Act on the Courts into line with the International Covenant on Economic, Social and Cultural Rights and international standards, amendments, including additions, have been made three times to articles 12 and 14 of the Act. In particular, prospective judges are now required to have performed military service, and, in a bid to prevent corruption, judges are now required to make a declaration of their income and assets.

3.Non-disclosure of the information provided by the judge is, for the judge’s protection, the legally established practice, except where stipulated by the regulations of Tajikistan.

4.For the purpose of transparency and access to judicial information, the Act on Access to Information on Court Proceedings, which is based on the constitutional principle of transparency of court proceedings, was adopted on 25 June 2021.

5.Under the Act, means of access to information on court proceedings are established. Those means include allowing the participation of citizens and representatives of organizations in public court sessions, disseminating information on court proceedings in the media, publishing such information on court websites, posting information in public, providing or familiarizing members of the public with information from court archives, providing information on court proceedings at the user’s request, providing information at the request of members of the public and other means not prohibited by law.

6.Moreover, with a view to ensuring the dissemination of authentic and accurate information about court proceedings, provision is made in the Act for cooperation by the courts and the media, including by giving journalists open access to court buildings and websites where information about court activities is posted, allowing them to attend public court sessions, providing information about court proceedings at the request of the media, recording such information, improving legislation governing these court proceedings, inviting the media to participate in press conferences or other events organized by the courts and adopting other forms of cooperation not prohibited by law.

7.There are active websites for 64 of the country’s courts, 83.1 per cent of the total. The necessary measures are being taken to create active websites for the remaining courts.

8.The Enforcement Proceedings Act was adopted on 20 March 2008 to further the implementation of the programme of judicial and legal reform, which was approved by the President in a decree dated 23 June 2007.

9.The provision of free legal aid in civil cases is regulated by the Legal Aid Act of 4 July 2020, in which the concept of legal aid and individual rights and responsibilities in respect of the provision of such aid are defined.

10.One of the priority aims of the Act is to create conditions conducive to the exercise of individual rights and freedoms, the protection of the legitimate interests of individuals and enhanced knowledge of the law, legal culture and social protection, as well as to ensure access to justice.

11.To bring legislation into line with the Legal Aid Act, draft amendments and additions to other bodies of legislation, such as the Code of Criminal Procedure, the Code of Procedure on Administrative Offences, the Code of Civil Procedure and the Bar and Advocacy Act were also prepared. In addition, a number of secondary pieces of legislation designed to strengthen the legal framework for the provision of free legal aid were drawn up on the basis of the Legal Aid Act.

12.At present, there are public defenders who provide primary legal aid at no charge in 34 of the country’s cities and districts. Secondary free legal aid, provided by more than 300 lawyers to persons from the most vulnerable segments of the population involved in criminal proceedings, is made available in two provinces (Sughd and Khatlon).

13.In the period from 2016 to 2021, State attorneys and lawyers provided primary and secondary legal aid at no charge to more than 87,000 people.

14.In accordance with article 23 of the Legal Aid Act (an article that will take effect on 1 January 2025), secondary legal aid in civil cases is to be provided to the following persons:

persons who cannot afford legal counsel and are recipients of targeted social assistance in accordance with the legislation of Tajikistan

veterans of the Second World War and persons of equivalent status, veterans of combat operations in the territory of other States and persons of equivalent status, as well as persons who suffered harm as a result of the disaster at the Chornobyl Nuclear Power Plant or took part in the clean-up efforts

persons in respect of whom the court is considering restricting legal capacity, making a declaration of incapacity and restoring legal capacity

plaintiffs in the courts of first instance who are seeking compensation for harm in cases involving the death of a breadwinner, injury or other employment-related health damage

plaintiffs in courts of first instance in cases involving reinstatement

Reply to the issues raised in paragraph 3 of the list of issues

15.In accordance with the Commissioner for Human Rights Act, the Commissioner’s responsibilities, including to provide assistance in matters pertaining to the exercise of human rights and freedoms, the restoration of violated rights and freedoms, the refinement of legislation, the enhancement of the knowledge of the public in the area of human rights and freedoms, the interaction of State agencies, civil society organizations working to protect human rights and freedoms and the development and coordination of joint international efforts in the field of human rights and freedoms, also extend to the rights enshrined in the Covenant.

16.In addition, assistance with the protection of economic, social and cultural rights, in particular the rights of women, children, persons with disabilities, migrants and members of their families, and the prevention of domestic violence have been identified as priorities in the 2021–2025 strategy for the Commissioner’s activities.

17.As part of the strategy, the Commissioner assists with the consideration of citizens’ appeals, looks into whether citizens can exercise their rights and conducts legal education activities.

18.In the Commissioner’s annual reports, the situation of economic, social and cultural rights, in particular the rights to education, employment, housing and social security, is assessed, and matters concerning the rights of vulnerable groups, such as persons with disabilities, migrants, women and children, are analysed.

19.Relevant recommendations on refining legislation and law enforcement practice are made in the annual reports to improve the situation.

20.The Commissioner helps give effect to the recommendations made by statutory organs and treaty bodies of the United Nations in connection with the rights enshrined in the Covenant and monitors the country’s efforts to fulfil its international obligations in this area.

21.Efforts are being made to strengthen the Commissioner’s mandate, authority and independence. Thus, with a view to bringing the work of the Commissioner into line with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) and to give effect to the recommendations of the relevant United Nations organs, a working group consisting of representatives of the Commissioner’s Office, the Executive Office of the President, the Ministry of Foreign Affairs, the Ministry of Justice and representatives of civil society was established under the authority of the Commissioner.

22.This working group is currently systematically active.

23.In addition, the 2021–2025 Tajikistan Medium-term Development Programme includes a set of measures to enhance the Commissioner’s role in the protection of citizens’ rights and legitimate interests.

Reply to the issues raised in paragraph 4 of the list of issues

24.There are more than 2,400 voluntary associations currently operating in accordance with the Voluntary Associations Act in the country.

25.The country’s legislation is fully compatible with international standards on freedom of association.

26.The activities of voluntary associations are suspended or terminated, in accordance with the law, only in the event of a violation by a voluntary association of the law or of activities incompatible with its statutory purpose.

27.When violations are found, a written injunction is issued to immediately remedy the violations. If the violations that prompted the written injunction or warning are not eliminated within the prescribed period, the registration authority may apply to the courts for the suspension of the association’s activities.

28.The activities of voluntary associations are, by law, informed by the principles of voluntary participation, equality, self-government and legality. A voluntary association is free to determine its internal structure, aims and the forms and methods of its activities.

29.At the same time, the activities of voluntary associations must be public, and information about their founding statutes and programme documents must be available to the public.

30.The law prohibits the creation and activities of voluntary associations that advocate racial, nationalist, social and religious hatred or call for the violent overthrow of the constitutional order and the organization of armed groups that violate the rights and legitimate interests of citizens, public health and public morals.

31.The relationship between the State and voluntary associations is regulated by law.

32.Interference with the activities of voluntary associations by the public authorities, as well as interference with the activities of the public authorities by voluntary associations, is prohibited.

33.The State ensures that the rights and legitimate interests of voluntary associations are protected and regulates by law the tax and other benefits to which they are entitled.

34.A specially created working group has prepared a bill on non-commercial organizations that will be considered after the adoption of a new version of the Civil Code.

Reply to the issues raised in paragraph 5 of the list of issues

35.Amendments were made to the 2020 Tajikistan State Budget Act early in the coronavirus disease (COVID-19) pandemic to meet the additional needs of the health sector; as a result, the funding of the health sector was increased by 1.6 billion somoni (SM) (the sector had had an approved budget of SM 1.8 billion) to SM 3.4 billion.

36.The Ministry of Health and Social Protection also received additional funds from other sources, including SM 13.4 million from the Government’s contingency fund, SM 12.4 million from the President’s reserve fund, SM 18.7 million from the funds made available to combat COVID-19 and SM 9.5 million from the centralized financial aid account.

37.To support the private sector, a presidential decree on mitigating the impact of COVID-19 on the country’s society and economy provided tax breaks and other tax benefits for businesses and vulnerable groups.

38.In 2020, the Government raised $342 million in loans and grants to prevent the spread of COVID-19 and reduce its impact on the country’s economy.

39.On the whole, to combat the COVID-19 pandemic and mitigate its socioeconomic impact, SM 1.27 billion was allocated to sectors of the economy in 2020, while SM 248.6 million was allocated in 2021.

40.Every quarter, to promote transparent use of the funds, the Ministry of Finance publishes information on public expenditures, including public expenditures on measures to combat the spread of COVID-19 (http://moliya.tj/mery-po-covid-19/).

41.In addition, the Accounts Chamber conducted a financial audit of the targeted use of funds from international financial organizations, the results of which have been published on the Chamber’s official website (https://sai.tj/images/pressa/HISOBOT/khulosaikorona.pdf).

42.By order of the President, financial resources from both the State budget and World Bank grants made possible by donor funding were set aside to mitigate the impact of the COVID-19 pandemic on low-income and marginalized people and to provide social assistance.

43.A national headquarters to strengthen measures to prevent the emergence and spread of COVID-19 in Tajikistan, to be led by the Prime Minister, was established by presidential order of 18 March 2021. An intersectoral action plan was later adopted by the headquarters.

44.Information about the disease, precautions, social distancing, mask wearing and so on was provided by the media, the official website of the Ministry of Health and Social Protection (www.moh.tj) and the linked website www.covid.tj, as well as the website of the National Centre for Healthy Lifestyles (www.zoj.tj), a State institution, and the hotlines 311 and 511.

45.Early in the pandemic, existing stocks of personal protective equipment in all specialized infectious disease facilities, as well as stocks from international organizations, were made available to health-care workers. The allocation of additional funds from the State budget, project investments and humanitarian aid from international organizations and foreign countries made it possible to build up reserves of personal protective equipment, consumables, disinfectants and medicines. These supplies were sent to areas under quarantine, hospitals and health centres at the national, regional and, in cities and districts, local levels. There are currently sufficient supplies of personal protective equipment, diagnostics and medications in the central stores and in the stockrooms of medical treatment facilities.

46.In response to the outbreak of the COVID-19 pandemic, to raise awareness among women, prevent violence and protect their rights, the country, in cooperation with United Nations agencies, launched extensive advocacy and awareness-raising work with women and families in the field.

47.During the pandemic, the Committee for Women and the Family, together with government ministries and departments, organized a number of activities, involving various segments of society, designed to prevent violence. Moreover, educational videos on the prevention of COVID-19 and of family violence, as well as on respect for women’s rights, were produced. Booklets, brochures and other handouts on these topics have been prepared and produced.

48.The Committee has a violence prevention and gender equality resource centre and a 13–13 hotline. During the pandemic, the centre operated around the clock.

49.During the pandemic, 1,913 people, of whom 1,721 were women and 192 were men, contacted the centre; psychological and legal counselling sessions were held with 78 families.

Reply to the issues raised in paragraph 6 of the list of issues

50.At the national level, Tajikistan is seeking to make progress towards the achievement of the Sustainable Development Goals and the Paris Agreement by incorporating the key areas of the 2030 Agenda into its updated nationally determined contributions. The process of reviewing those contributions touches on five priority areas – energy, industry and construction, agriculture, transportation, forestry and biodiversity. This document, in accordance with decisions 1/CMA.2 and 1/CP.21 and article 4 of the Paris Agreement under the United Nations Framework Convention on Climate Change, provides an update on the country’s nationally determined contributions, confirming the country’s interest in working with the international community to keep global temperature increases no higher than 2°C and closer to 1.5°C, as specified in article 2 of the Paris Agreement.

51.Tajikistan works successfully with the Green Climate Fund. As required under the procedures adopted by the Green Climate Fund, the Environmental Protection Committee was, by government decision, made the national authority designated to serve as the liaison between the country and the Fund. As a result of the successful work of the national designated authority and the technical working group, as well as the active support of organizations in Tajikistan accredited by the Fund, the Fund approved five adaptation projects involving a total investment of more than $100 million. These projects are designed to ensure food security, enhance the sustainability of the energy sector, improve hydrometeorological services, increase climate financing for small businesses and help develop a national climate change adaptation plan.

52.In 2020, with the assistance of the United Nations Development Programme, Tajikistan received a $10 million grant for a project involving an integrated landscape approach to enhancing the climate resilience of small-scale farmers and pastoralists in Tajikistan.

53.Addressing the current challenges of lessening the negative impact of climate change in the context of global development requires collective efforts, as well as the adoption of urgent and long-term measures. Tajikistan, with the support of other States and partners, will continue making efforts to achieve common goals in connection with climate change.

Reply to the issues raised in paragraph 7 of the list of issues

54.In 2015, the United Nations adopted the 2030 Agenda for Sustainable Development and the Government of Tajikistan committed the country to the achievement of the 17 Sustainable Development Goals. In 2016, Tajikistan developed and adopted for further implementation the 2030 National Development Strategy, in which a number of key areas that will make it possible for the Sustainable Development Goals to be achieved in Tajikistan are identified. The 2016–2020 Medium-term Development Programme was adopted and successfully implemented with a view to completing the initial phase of work under the 2030 Strategy and the Sustainable Development Goals. The 2021–2025 Medium-term Development Programme was developed and adopted for the second phase.

55.The elimination of poverty is still an urgent problem for Tajikistan, and the achievement of the goals set for 2030 informs the changing approaches to combating poverty by addressing food security, food quality and safety, energy security, issues pertaining to water, climate change and other Sustainable Development Goals concerning matters that affect the population’s living standards and well-being.

56.The country’s main achievement over the past 10 years has been the reduction of poverty. In the past 10 years, Tajikistan has been among the countries with the greatest rates of poverty reduction. From 2009 to 2019, the poverty rate fell from 46.7 to 26.3 per cent, while the rate of extreme poverty rate fell from 13.8 to 10.7 per cent.

57.From 2010 to 2021, the monetary incomes of the population grew sixfold in nominal terms, from SM 13.3 billion to SM 80.5 billion.

58.From 2010 to 2021, the average monthly nominal wage also grew, in this case by a factor of 2.6, or from SM 442.13 to SM 1,540.84.

59.The minimum wage, too, rose, from SM 80 to SM 600, making it 7.5 times higher in 2021 than in 2010.

60.Over the same period, the amount of the average monthly pension was multiplied by 3.5, thus increasing from SM 125.24 to SM 321.35.

61.Consistently sustained economic growth averaging 7 per cent a year – the gross domestic product (GDP) increased from SM 24.7 billion in 2010 to SM 98.9 billion in 2021, a fourfold increase – had a significant impact on the reduction of overall poverty in the country (in 2020, as a result of the spread of COVID-19, the country’s economy grew by 4.4 per cent). The country’s GDP in 2021 was SM 98.9 billion, representing average economic growth of 9.2 per cent.

62.The systematic and consistent achievement of the goals set as part of the 2030 Strategy will be made possible by the implementation of five-year Medium-term Development Programmes (target programmes) for the periods 2016–2020, 2021–2025 and 2026–2030 that, reflecting the long-term social and economic development phases the country will go through, are designed to reduce poverty from 31 per cent in 2015 to 18 per cent in 2025 and to 15 per cent in 2030. Extreme poverty, the rate of which was 15.7 per cent in 2015, is to be fully eliminated by 2030.

63.The 2030 Strategy envisages an increase in the share of the population that is middle class from 22.4 to 40 per cent by 2025 and to 50 per cent by 2030.

64.In 2019, the middle class accounted for 24.7 per cent of the population of Tajikistan, two percentage points more than in 2016.

65.Nowhere does the middle class account for a larger share of the population than in Dushanbe, where it accounts for 38 per cent of the population, and in Sughd Province, where the figure is 36.1 per cent. The middle class accounts 20.6 per cent of the population in the centrally administered districts, 15.9 per cent in Khatlon Province and 14.8 per cent in Kŭhistoni Badakhshon Autonomous Province.

66.Under the Tax Code of 23 December 2021 (No. 1844, in force since 1 January 2022), the following national and local taxes are to be levied in Tajikistan. National taxes include:

Income tax (legal entities and individuals)

Value added tax (VAT)

Excise tax

Taxes on natural resources

Social contribution tax

Sales tax (primary aluminium)

67.Local taxes include:

Property taxes

68.The income of legal entities is taxed as follows (Tax Code, art. 183):

Income from goods production – 13 per cent

Income from the activities of financial institutions and mobile telecommunications firms – 20 per cent

Income from the extraction and processing of natural resources, as well as from all other activities (except for the above paragraphs) – 18 per cent

69.Personal income is taxed as follows (Tax Code, art. 183):

Income of an individual resident in the primary place of employment in excess of the personal deduction – 12 per cent

Employment income of a non-resident from sources in Tajikistan – 20 per cent

70.The value added tax on taxable transactions and taxable imports is as follows (Tax Code, art 264):

Standard rate – 15 per cent

Reduced rate, except for taxable imports and subsequent delivery of imported goods in respect of construction, hotel services and food and beverage services, without the right to VAT offsets – 7 per cent

On the sale of domestic agricultural products, the processing of agricultural products, training services and medical services in sanatoriums and resorts, without the right to VAT offsets – 5 per cent

0.0 per cent

71.Additional information can be found in annexes No. 1, No. 2 and No. 3.

Reply to the issues raised in paragraph 8 of the list of issues

72.The 2030 State Strategy on Combating Corruption was adopted by the President in a decree dated 3 August 2021.

73.The third paragraph of the strategy document is on strengthening the fight against corruption in the civil service, education and health services, taxation and customs services, the public procurement of goods and services and other sectors that are vulnerable to corruption.

74.The Strategy takes into account the real situation in connection with the public procurement of goods and services, while in the new anti-corruption programme objectives, goals, time frames and matters related to performance are defined.

75.In particular, paragraph 11 of the action plan associated with the Strategy provides for the possibility of administrative liability for procurement activities in which conventional public procurement methods are bypassed; the aim is to prevent corruption in the public procurement of goods and services.

76.Similarly, paragraph 12 provides for gradual improvement of electronic procurement systems, taking into account the integration of those systems into the information systems of State institutions and banks; the aim is to expand the range of public services available in electronic form and simplify processing transactions.

77.Paragraph 13 of the action plan provides for the establishment and operation of an interdepartmental commission to review complaints and appeals in connection with the public procurement of goods and services; the main aim is the fair consideration of complaints and appeals by an independent body. That paragraph is taken up in a bill on public procurement in which provision is made for the establishment of an interdepartmental commission to review complaints and professionalize public procurement. Having complaints considered by an independent body, i.e., an interdepartmental commission, and creating and filling a public position for a procurement specialist will help prevent corruption.

78.It should be emphasized that the improvement of legislation on the management of the public finances, the introduction of new management methods, a departure from the use of cash for the payment of social welfare benefits and in connection with public services or purchasing, efforts to oversee the preparation and allocation of the budget, the targeted and efficient use of public funds and other assets, as well as the imposition of disciplinary, administrative and criminal penalties on officials, etc. are among the measures that should be taken on a regular basis to prevent corruption-related offences.

79.The bill on public procurement, which is based on the 2011 United Nations Commission on International Trade Law Model Law on Public Procurement and the Agreement on Public Procurement of the World Trade Organization and is compatible with international norms and standards, is currently under consideration by the Government.

80.All public procurement under the Public Procurement of Goods and Services Act takes place through the country’s single portal for public electronic procurement. The e-procurement system was developed as part of a project to improve the management of the public finances. Experts engaged by the World Bank and the European Bank for Reconstruction and Development took part in drawing up the terms of reference.

81.In 2019, in accordance with the Action Plan of the Combating Corruption Strategy 2013–2020, electronic data from the Ministry of Internal Affairs, the Tax Committee and the Customs Service on entities that had been associated with corrupt practices were consulted by members of the commission that considers bids and the Agency for the Public Procurement of Goods and Services. In addition, in accordance with the procedure established by law, the Agency maintains a register of unreliable (unscrupulous) suppliers (contractors); a supplier or contractor whose name is entered in the register is barred from bidding for public contracts for three years.

82.The consideration given to specific and complex issues in the efforts made by the State to combat corruption in public procurement has strengthened oversight and ensured transparency.

83.Under article 27 of the Anti-Corruption Act, persons who help combat corruption may be offered immunity from prosecution.

84.The article states that anyone who informs the authorized State body of a corruption-related offence or otherwise helps combat corruption is to be protected by the State and that information about anyone who provides such help is a State secret that, if necessary, may be divulged as prescribed by law. Disclosure of this information in other circumstances is punishable by law. State protection of persons who inform the authorized State body of a corruption-related offence is provided pursuant to the Act on State Protection of Parties to Criminal Proceedings.

85.Moreover, under article 14 of the Police Investigations Act, investigatory agencies are required to provide assistance, as prescribed by law, with a view to protecting their employees and their property, persons helping the agencies with their investigations and parties to criminal proceedings, as well protect close relatives of these persons from assault.

86.Anti-corruption issues are also covered by the Code of Ethics of the Public Servant, adopted by Presidential Decree of 3 December 2015.

87.In addition to these measures, articles 22 and 23 of the Anti-Corruption Act provide for bans on appointment or election to public office or an equivalent position and restrictions on the performance of public or equivalent functions.

Reply to the issues raised in paragraph 9 of the list of issues

88.The Act on Equality and the Elimination of All Forms of Discrimination, which defines the organizational and legal foundation of equal rights and opportunities for all persons in Tajikistan and establishes a legal framework for the prevention of and effective protection from all forms of discrimination, was adopted on 19 July 2022. Under the Act, discrimination is any distinction, exclusion, restriction or preference in respect of any natural or legal person or group of persons, their relatives or persons otherwise associated with them whose purpose or effect is to interfere with or prevent the equal recognition and enjoyment of all human rights and freedoms on the basis of real or perceived race, colour, origin, sex, language, religion and belief, national or ethnic origin, disability, health status, age, citizenship, views, property ownership or other circumstances.

89.In addition, the Act establishes that natural and legal persons, including voluntary associations, have rights in connection with equality and the elimination of all forms of discrimination.

90.Furthermore, the Act provides that any person or group of persons who believe that they have been subjected to discrimination may appeal to the courts to:

(1)Establish the fact of a violation of a person’s right to equal treatment;

(2)Prohibit actions that violate or may violate a person’s right to equal treatment and/or the adoption of measures to eliminate discrimination or its consequences;

(3)Award pecuniary and non-pecuniary damages for violation of the rights protected under the Act;

(4)Find the act that led to discrimination null and void;

(5)Proceed in accordance with other legal requirements of Tajikistan.

Reply to the issues raised in paragraph 10 of the list of issues

91.In a decision dated 27 February 2020, the Government adopted a national action plan with a view to the future ratification of the Convention on the Rights of Persons with Disabilities.

92.The action plan has a social and legal nature; the execution of the plan, which is informed by the 2030 Agenda for Sustainable Development, reflects the country’s long-term development goals as outlined in the 2030 National Development Strategy and is designed to help ensure that persons with disabilities can exercise their rights and that attitudes towards disability are more closely aligned with the Convention.

93.The relevant work to prepare Tajikistan for the ratification and implementation of the Convention has been done. In particular, in accordance with article 9 of the Convention, the 2021–2025 State Accessible Environment Programme was developed, while the action plan for the 2021–2025 implementation of the Programme was adopted by the Government in a decision dated 27 February 2021.

94.The Ministry of Health and Social Protection has prepared a bill on the rights and social integration of persons with disabilities that is under consideration by the relevant ministries and departments and the National Association of Persons with Disabilities. In accordance with article 33 of the Convention and the organizational structure of local executive agencies of the State, a mechanism was developed to ensure that a position for an adviser on disability matters was established in the executive offices of the heads of the country’s provinces, cities and districts. At present, advisers on disability matters have been appointed by the heads of the provinces and cities, in consultation with the National Association of Persons with Disabilities, in 39 of the country’s cities and districts (the country has a total of 68 cities and districts).

95.In October 2021, as part of efforts to implement the Convention, a scientific and practical conference, including participants from international organizations, was held in Dushanbe on the problems related to gerontological services and disability matters in Tajikistan and the ways of solving them.

96.In 2019, the Ministry of Health and Social Protection, with the financial support of the World Bank, created an electronic database of persons with disabilities, including an electronic system of information on medical and social expertise in respect of persons with disabilities. The information collected is disaggregated, as appropriate, and used to help implement the Convention and to identify and address the barriers to the exercise of their rights faced by persons with disabilities.

Replies to the issues raised in paragraph 11 of the list of issues

97.The country currently has a temporary accommodation centre for asylum-seekers in the municipality of Almosi, Hisor, which has been fully repaired and supplied with the necessary furniture and equipment. The centre, which has 11 rooms for a total of 51 people, currently houses 23 asylum-seekers.

98.In 2020, in connection with the spread of COVID-19, the Government provided financial assistance of SM 120,000 to 300 refugees.

99.With the help of non-governmental organizations, assistance, in the form of food, clothing, medicine and technical support, was provided to 67 asylum-seekers and refugees.

Reply to the issues raised in paragraph 12 of the list of issues

100.The country’s legislation prohibits all forms of discrimination, including against women.

101.Equality issues are covered in all strategy documents on the country’s development, and more than 40 normative texts have been adopted.

102.The aim of the Act on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of Such Rights, which regulates matters to ensure constitutional guarantees of equal rights for men and women in the social, political, cultural and all other spheres, is to prevent discrimination on the basis of sex; the Act establishes State guarantees of equal opportunities for persons of different sexes.

103.The Government regularly takes special measures to eradicate domestic violence and prevent violence against women. The main goal of State policy on preventing violence against women is to promote a public attitude of zero tolerance with regard to such violence, enhance the public’s knowledge of the laws on the prevention of violence against women and change the public’s perspective on violence. The Prevention of Domestic Violence Act and the 2014–2023 State Programme for the Prevention of Domestic Violence, which are designed to strengthen efforts to prevent domestic violence and fight crime, in particular by addressing the cause of domestic violence, as well as to register individual warnings on the prevention of antisocial, inappropriate and immoral behaviour in the family, ensure that the people of the country are afforded social and legal protection.

104.One of the important aspects of the State’s gender policy is to ensure that, by increasing the representation of women in the executive and representative bodies at all levels of the State, women and men have equal rights and opportunities. The country has established a gender network for gender mainstreaming in ministries and departments.

105.The National Strategy to Promote the Role of Women (2021–2030) was adopted by the Government in 2021. Key areas of State policy for the promotion of the role of women are identified in the Strategy.

106.The second State programme for the education, selection and placement of capable women and girls in leadership positions, covering the period 2017–2022, has been implemented. The focus of the programme is on fulfilling the international obligations undertaken by Tajikistan to overcome gender inequality, in accordance with the principles and purposes of the Convention on the Elimination of All Forms of Discrimination against Women, the Beijing Declaration and Platform for Action and the Sustainable Development Goals.

107.A presidential decree, pursuant to which women are entitled to advantages and privileges under the regulations governing the procedure for holding competitive examinations to fill vacant administrative posts in the civil service, was issued to attract more women to public sector employment.

108.A family development concept informed by State policy perspectives in the sphere of strengthening the family as an important social institution and foundation of society was adopted in 2015.

109.Activities under the National Strategy for the Development of Statistics in Tajikistan, a strategy that will be in place until 2030 and has a separate section with gender statistics, have been under way since 2019. The main purpose of the Strategy is to increase the use of gender statistics as an important tool with which to monitor and evaluate progress towards implementing policies to promote gender equality, including gender strategies, programmes and the gender objectives that are part of the State’s long- and medium-term socioeconomic development strategies and other comprehensive initiatives.

110.The Labour Code states that, in hiring, promotion, vocational training, the establishment of modes of work and the dismissal of employees, including public servants, the laws concerning the rights and protections of persons of both sexes must be taken into account. The main part of an employment contract has to do with the wages or other emoluments. Wage discrimination is prohibited. An employer is required to pay employees equally for equivalent work.

111.The economic empowerment of women and women’s access to economic resources of various type have been made gender-equality promotion priorities in the country’s long- and medium-term development programmes. As the country has a predominantly rural population, particular attention has been paid in recent years to the problems of ensuring that women have equal access to land.

112.As part of the improvement of land legislation, gender-sensitive norms on land use were added to the Land Code. The Statistics Agency produces gender indicators relating to the production of medium-sized farms, thereby making possible a realistic assessment of the gendered dimension of the activities of such farm households.

113.The authorities responsible for the prevention of violence against women and girls ensure that senior management and the personnel of human resources departments in all agencies and workplaces undergo training on unconscious bias and ensuring that job descriptions are gender-neutral, on preventing harassment and abuse of authority and on conflict resolution and protection from persecution and harassment.

114.Conditions more conducive to expanding women’s access to credit were created after the adoption of the Microfinance Organizations Act. The main goals of the projects led by microfinance organizations have been to expand access to financial resources for women, especially rural women, and low-income people, to enable them to run small businesses.

115.After the legislative elections of 2020, the share of women in the Majlis-i Namoyandagon, the lower house of the Majlis-i Oli, the legislature of Tajikistan, rose from 19 to 24 per cent and in the Majlis-i Milli, the upper house, from 19 to 26 per cent. Women account for 41.5 per cent of the members of the Majlis of the Representatives of the People of the city of Dushanbe, about 35 per cent of those Khatlon Province, more than 33 per cent of those of Sughd Province, more than 34 per cent of those of Kŭhistoni Badakhshon Autonomous Province and around 30 per cent of those of the centrally administered cities and districts.

116.According to the Civil Service Agency, as of 1 January 2022, 24.1 per cent of the country’s 18,701 civil servants were women.

117.Of the 3,081 civil servants in urban and rural governments, 587 (19 per cent) are women.

118.Women’s contributions to science, education and health care are increasing. Statistics show that in 1991 the country’s education system employed 118,500 teachers, of whom 41 per cent were women and girls. Currently, women account for 73 per cent of the people employed in the country’s education system.

119.Women have become significantly more active in agriculture, and there are now 40,050 women who run medium-sized farms, as well as 79,003 women entrepreneurs.

120.In 1991, 25,000 of the 45,000 people working in the health-care sector were women and girls. The country currently has about 110,000 health-care and social workers, of whom more than 68 per cent are women.

121.In 2022, according to statistical data, there was a total of 81,126 medical workers, including 54,666 women, in the institutions of the Ministry of Health and Social Protection. There are, in all, 20,797 doctors in the country, of whom 7,651 (38.9 per cent) are women. The average number of medical workers is 60,329, of whom 48,115 (84.2 per cent) are women.

122.A growing number of women and girls are involved in the administration of health-care facilities and social protection institutions. Of the 652 administrators in the fields of health care and social protection, 235 (36 per cent) are women. In 2022, 431 of the 1,073 heads of the country’s urban, district and rural medical centres (40.2 per cent) were women.

123.At the main office of the Ministry of Health and Social Protection, 6 of the 30 senior officials (20 per cent) are women.

124.There are 11,572 students, including 5,179 girls, at the Avicenna Tajik State Medical University and 60,327 students, including 47,159 girls, at the colleges of health careers. Since 1997, to train personnel from remote mountainous areas, more than 1,760 talented girls from such areas have been admitted to the University under a presidential quota system. More than 1,123 of them have graduated from the University, 52 of them with honours. Currently, 965 students, including 491 girls, are studying at the University under the presidential quota system. There are 2,198 students, of whom 577 are girls, at Khatlon State Medical University.

125.In 2021, to attract more women to the civil service and prepare them for leadership positions, the Committee for Women and the Family and the Civil Service Agency held 19 training courses, including 3 retraining courses and 16 in-service courses for civil servants; the course participants included 312 women and girls (154 people in the period 2020–2021).

126.A mechanism for the award of grants for entrepreneurial initiatives is being set up to address issues linked to the employment of women. At the moment, women are encouraged to participate in public life by the Government’s gender policy.

127.Under a government decision of 28 January 2021, presidential grants to promote women’s entrepreneurial initiatives will be awarded until 2025.

128.In accordance with paragraph 5 of the rules for the award of presidential grants to support and develop women’s entrepreneurship for the period 2021–2025, adopted by the Government in a decision dated 28 January 2021, a grants commission was established by the executive board of the Committee for Women and the Family.

129.In 2021, the Committee received applications for support for 332 projects; support was provided by the Grants Commission, in line with the rules, for 80 of those projects.

130.In reviewing the projects, the Grants Commission selected women entrepreneurs from vulnerable groups, including 5 women with disabilities, 10 women with a family member with a disability, 4 single mothers from low-income families and 6 women entrepreneurs from vulnerable regions.

131.In total, 80 projects, including 22 sewing workshops, 11 handicraft projects, 7 beekeeping projects, 12 stock breeding projects, 3 poultry farming projects, 2 agricultural projects, 5 greenhouse projects, 3 carpet weaving projects, 4 confectionery projects, 2 bakery projects and 9 other projects, were selected to receive grant support totalling SM 2 million.

132.Starting in 2022, the total awarded in grants was increased from SM 2 million to SM 2.5 million.

133.In 2022, 236 project proposals were submitted to the Committee; the Grants Commission awarded grants for 80 of them.

134.As part of the review of the proposed projects, priority was given to six women with disabilities, two women entrepreneurs with a family member with a disability and six individuals from low-income families.

135.In 2022, presidential grants worth a total of SM 2.5 million were awarded for 80 projects, including projects for the establishment of 22 sewing workshops, 11 handicraft initiatives, 10 confectionery projects, 5 bakery projects, 12 stock breeding projects, 4 beekeeping projects, 4 farming projects, 1 poultry farming project, 1 greenhouse project and 10 other projects.

Reply to the issues raised in paragraph 13 of the list of issues

136.Measures are being taken within the framework of the Employment Promotion Act and the Social Protection Act to promote the employment of young people and persons with disabilities.

137.With a view to ensuring the application of those Acts, the Government has adopted and is implementing the State Employment Promotion Programme 2020–2022, the 2030 State Youth Policy Strategy and the National Youth Social Development Programme 2022–2026.

138.Young people account for more than 50 per cent of the country’s working-age population; social support for young people is thus a public policy priority.

139.In the period 2018–2021 and in the first half of 2022, 118,000 young people were employed through the country’s employment services as part of the State Employment Promotion Programme.

140.Hiring quotas were in place for the jobs held by 7,000 of those young people.

141.During the same period, the vocational training centres of the employment services provided short-term vocational training courses to 44,500 young people.

142.In addition, 8,900 young people were involved in paid public work schemes, while 32,500 received unemployment benefits.

143.There are hiring quotas for the employment of persons with physical disabilities.

144.In the period 2018–2021 and the first half of 2022, a total of 28,900 people, of whom 993 (3.4 per cent) were persons with physical disabilities, found work through hiring quotas.

145.According to the 2016 labour force survey, the informal economy, not including the agricultural sector, accounts for 29.6 per cent of economic activity.

146.To regulate the informal economy, the Government of Tajikistan has adopted and is currently implementing a comprehensive programme, for the period 2019–2023, to reduce the level of informal employment in the country.

147.As part of the programme, measures, including measures related to information and economic support, are taken to reduce the level of informal employment in sectors of the country’s economy

148.Statistical data, broken down by gender, age and region of the country, on labour market participation are not published annually; such data are made available after a population census.

Reply to the issues raised in paragraph 14 of the list of issues

149.The State Labour Inspectorate operates under the supervision and control of the central Government.

150.Responsibility for the activities of the State Labour Inspectorate lies with the State Labour, Migration and Employment Supervision Service, which is part of the organizational structure of the Ministry of Labour, Migration and Employment.

151.The labour inspectorate established by the Federation of Independent Trade Unions of Tajikistan is responsible for the work of the public labour inspectorate.

152.Within the framework of the Constitution, the Labour Code, the General Agreement between the Government, the Federation of Independent Trade Unions and the Employers’ Association and other documents adopted on the basis of and pursuant to national and local normative legal acts, the administrators of the two inspectorates ensure that their activities and interaction are coordinated and create the legal and organizational conditions conducive to an effective relationship.

153.The activities of the labour inspectorate established by the Federation of Independent Trade Unions are guided by the Offices of the Presidents of the national and provincial trade union committees established to protect workers’ rights and monitor working and safety conditions in all sectors of the country’s economy. It is responsible for the public monitoring of compliance with occupational safety and health standards and regulations. Pursuant to the Labour Code, trade union inspectors may freely verify organizational compliance with worker protection requirements and make proposals for the elimination of violations of such requirements that officials must consider.

154.To enable trade unions to monitor worker protection issues more effectively, relevant additions were made to the Trade Unions Act, which was amended by the above-mentioned Act of 2 January 2020. If workers’ labour, social or health rights are violated, trade union labour inspectors may:

Draw up formal documents, issue orders that must be carried out

Participate in the investigation of industrial accidents and occupational diseases conducted by State labour inspectors, as well as conduct inspections of their own

Demand the suspension of work in the event of a threat to workers’ lives or health

Make proposals, which employers and relevant government agencies must consider, to remedy shortcomings and eliminate violations of occupational safety and health and labour standards

155.In their work, trade union labour inspectors cooperate closely with relevant State supervisory bodies. In 2020, for example, despite the difficulties caused by restrictions in place as a result of the COVID-19 pandemic, more than 600 visits were made to ensure compliance with worker protection rules in various sectors of the country’s economy, including more than 70 joint inspections involving the State Labour Inspectorate and the agencies responsible for the safety of industrial processes and electricity infrastructure.

156.A coordinating council was created to enhance the effectiveness of joint efforts by the State Labour Inspectorate and the inspectorates established by trade unions. The council, whose meetings are also attended by representatives of the agencies responsible for the safety of industrial processes, electricity infrastructure and consumer protection, meets annually to coordinate the activities of public and State labour inspectors.

157.In 2018, with a view to ensuring State support for the work of productive businesses, job creation, efforts to increase the country’s industrial and expert potential, a reduction of the number of unreasonable and repeated inspections and of the associated opportunities for corruption, the creation of conditions conducive to entrepreneurship and the improvement of the investment climate, the Government, acting on the technical advice of the International Finance Corporation and the World Bank, declared a moratorium on business inspections of all types until 1 January 2021. This moratorium has been extended until 1 January 2023.

158.That moratorium, however, does not apply to the monitoring and inspection powers of the labour inspectorates established by the trade unions.

159.Regardless of the moratorium, State labour inspectors inspected all firms in the productive sector of the economy, without exception, on receiving complaints, reports or applications that provided reasonable grounds to believe that those firms violated labour protection standards and rules.

Reply to the issues raised in paragraph 15 of the list of issues

160.On 1 April 2022, the total wage bill in arrears, taking into account debts of previous years, amounted to SM 31,383,100, half the total at the same period of the previous year. Wage payments in arrears concerned 4,436 workers.

161.The Ministry of Labour, Migration and Employment adopted the 2022 National Headquarters Workplan for the Settlement of Wage Arrears.

162.Until 1 July 2022, the minimum wage was SM 400 a month.

163.Pursuant to a decree dated 13 January 2022, which provided for measures to strengthen social protection and to increase current base salaries for State civil servants and for employees of public sector organizations, pensions and scholarships, the President raised the minimum wage to SM 600 on 1 July 2022.

164.In 2021, to ensure that the people of the country could exercise their labour rights, including the right to safe working conditions, the State Labour, Migration and Employment Supervision Service continued with its systematic oversight of compliance with labour laws and other legal instruments.

165.In 2021, inspectors from the Service visited 2,588 firms and other entities in various sectors of the country’s economy. Of those visits, 77 were to firms and other entities active in agriculture, hunting, forestry and fishing, 27 to processing, including ore processing, and mining firms, 121 to employers in the electricity, gas and water supply sectors, 254 to employers in the building sector, 131 to hotels, restaurants, wholesalers and retailers, 106 to employers in the transport and related sectors and communications, 135 to government, defence and mandatory social insurance (cities) entities, 321 to educational institutions, 151 to health-care and social service entities, 83 to entities providing other municipal, social or individual services, 20 to foreign organizations or agencies operating in Tajikistan, 59 to entities active in the cultural sphere and 442 to entities in other sectors.

166.Of the 11,809 violations that were identified, 8,940 related to labour matters, 2,157 to health and safety standards, 51 to internal and environmental migration and 661 to employment. In 2021, in total, in all sectors of the economy, workers were compensated, with the Service’s help, through various payments to the State budget totalling SM 64,582,000. Of the total, SM 49,894,000 corresponds to unpaid wages and SM 1,301,800 to other forms of compensation for labour.

167.In 2021, the department of the Service responsible for monitoring working conditions and the Service’s territorial labour inspectors conducted 235 visits in the area of labour protection and identified 2,157 violations.

168.During this period, labour inspectors, drawing on the results of a review and analysis of construction design documents, new and rebuilt production facilities, as well as machines, mechanisms and other production equipment, issued 239 concluding reports containing a total of 2,629 measures that would have to be taken to eliminate violations of occupational safety rules.

169.State labour inspectors will, upon receipt of a request from a member of the public, conduct unscheduled, targeted visits. When violations of workers’ rights are identified, State labour inspectors immediately take appropriate measures: employers are instructed to put an end to the violations, and officials at fault incur administrative, disciplinary or criminal penalties.

170.In 2021, State labour inspectors received 78 reports and other material related to inspections on occupational accidents from employers and procuratorial agencies. Inspectors registered and investigated the 78 accidents on the basis of the written reports and appeals that had been received.

171.It was found that as a result of the accidents, 37 workers had been injured or maimed to varying degrees and that 45 workers had been killed.

172.Based on the results of the investigations, labour inspectors found that the surviving victims and the families of the deceased should be given compensation for additional expenses and one-time payments totalling SM 1,301,778 and ensured that the money was received.

173.Appropriate measures were taken, in accordance with the law, to punish the persons responsible for all the rights violations mentioned above.

174.In 2021, in view of the results of their inspections and to actively inform employers and workers of the labour law violations that had been identified and to enhance their knowledge of labour law, State labour inspectors held 603 meetings with employers and other relevant officials.

175.In accordance with article 22 of the Trade Unions Act, trade unions and federations of trade unions may exercise public oversight of the employer’s compliance with labour and trade union laws and demand that a stop be put to any violations of such laws.

176.For the purpose of such oversight, trade unions may establish public oversight and inspection entities whose purview is defined in the trade union constitutions (statutes) and other legal instruments.

177.Representatives of trade unions may freely visit firms, regardless of the firms’ organizational or legal form, that employ members of the trade union to monitor compliance with the law.

178.In 2021, trade union labour inspectors visited 791 organizations and issued 361 orders to put an end to 1,158 violations. A timely end was put to 758 of those violations.

179.During this period, trade union labour inspectors received 1,752 oral appeals from employees on legal issues.

180.The National Clinic for Occupational Diseases has 629 registered patients, including 36.9 per cent with fluorosis (chronic fluoride poisoning), 30.3 per cent with cochlear neuritis, 16.2 per cent with respiratory diseases (pneumonia, allergic bronchitis, bronchial asthma), 7.8 per cent with osteochondrosis 2.7 per cent with hand-arm vibration syndrome, 1.9 per cent with occupational injuries, 1.7 per cent with chronic lead poisoning, 1.4 per cent with chronic brucellosis, 0.6 per cent with degenerative arthritis and 0.3 per cent with chronic radiation sickness.

181.In 2021, there were periodic medical examinations at 10 commercial firms.

182.The implementation of the principles of public policy in respect of occupational health and safety, the development of the country’s relevant legislative and other normative instruments and requirements for means of production, technology and organization of work, thereby ensuring safe and healthy working conditions for all workers, including the planning and adoption of measures to monitor compliance with the law and other normative instruments, is made possible by the public administration of occupational health and safety matters.

183.The public administration of such matters is the responsibility of the Government, the State agency authorized to administer occupational health and safety affairs and local authorities.

Reply to the issues raised in paragraph 16 of the list of issues

184.Provision is made in the Labour Code for all mechanisms relevant to the resolution of labour disputes, including negotiations, the creation of a conciliation commission, arbitration, collective recourse to the courts and strikes.

185.If a conciliation commission fails to bring the parties to a collective labour dispute (conflict) to an agreement, the parties turn to arbitration, in which a representative of the local authority takes part.

186.Lawmakers, trade union representatives, employee representatives, the State agency responsible for labour and employment matters, experts and other persons may also participate in the arbitration process. The participation of representatives of the disputants in the arbitration of labour disputes is compulsory.

187.If the differences between the parties are not solved through the conciliation commission or arbitration, the staff, the trade union or other employee representatives in this case may use all other means provided by law to satisfy the claims put forward under article 318 of the Labour Code, including, as is common, filing a collective statement with a court or a law enforcement agency. The parties and the conciliation commissions must avail themselves of every possible means of eliminating the cause of the collective labour dispute to keep it from leading to a strike.

188.In accordance with article 323 (2) of the Labour Code, a decision to strike is to be made, by secret ballot, at a meeting (conference) of the staff or of staff representatives, and the decision is considered adopted if at least two thirds of the staff (workers’ representatives) present at the meeting vote in favour of it or, if the decision is to be made by the conference of staff representatives, two thirds of the delegates to the conference. This norm is compatible with international norms.

189.Employees thus have the right to avail themselves of all means of resolving a collective labour dispute, including the measure of last resort: going on strike.

190.Under article 325 (5) of the Labour Code, the right to strike may be restricted only to ensure the safety and health of the population, maintain public order and preserve State security. That norm is not incompatible with international norms.

191.In accordance with article 21 of the Trade Unions Act, trade unions and their federations may represent trade union members in bodies considering individual and collective labour disputes.

192.Trade union representatives take part in the work of commissions that consider individual labour disputes and other bodies that consider labour disputes (conflict).

193.Trade unions may, if their members so request, file a statement of claim in court on behalf of their members and defend in court their members’ employment-related labour, economic, social and other rights.

Reply to the issues raised in paragraph 17 of the list of issues

194.The country has developed and adopted two sectoral social protection programmes:

The National Rehabilitation Programme for Persons with Disabilities 2017–2020 (Government Decision of 28 October 2016)

The State Programme of Targeted Social Assistance in Tajikistan 2018–2020 (Government Decision of 21 June 2018)

195.The two programmes were successfully implemented during the planned implementation periods, and there were no obstacles or other difficulties during their implementation.

196.The adoption of the national social protection strategy is planned for 2022, in connection with the adoption of the 2021–2025 Medium-term Development Programme. The draft national strategy for the social protection of the people of Tajikistan for the period up to 2035 has been fully developed and has been approved by the relevant ministries and departments.

197.The strategy, in a departure from traditional arrangements, which tend to focus mainly on addressing the effects of socioeconomic vulnerability, essentially incorporates entirely new objectives for the social protection system. These objectives, including a set of State and non-State measures designed to further optimize the social protection system, will be broader. These measures can take the form of targeted social assistance or material and financial support and other types of services for vulnerable groups and poor families with a view to:

(1)Providing support for poor segments of the population;

(2)Protecting people from the dangers and consequences of the loss of their livelihood;

(3)Helping lift people out of poverty;

(4)Promoting social justice and equality for the common good.

198.The measures outlined in the strategy were informed by an analysis of the social protection situation and a series of consultations with national and international partners and the members of the working group established to develop the strategy. Goals and international standards related to social protection, including the Sustainable Development Goals, the International Labour Organization (ILO) Social Protection Floors Recommendation, 2012 (No. 202), and the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102), were taken into account in developing the strategy. In addition, particular attention was paid to the relevant recommendations of the United Nations committees responsible for monitoring the implementation of the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women.

199.See also the replies to the issues raised in paragraph 10.

Reply to the issues raised in paragraph 18 of the list of issues

200.In accordance with article 21 of the Labour Code, a citizen over the age of 15 may enter into to an employment contract. In exceptional cases, students who have reached the age of 14, as well as students under the age of 14 who are participating in theatre or film productions, concerts, circus programmes and other creative undertakings that cause no harm to their health or moral development, may, with the consent of the father or mother or, in accordance with the law, persons in loco parentis, enter into an employment contract that does not disrupt their education.

201.The employment of persons under the age of 18 in hazardous work, such as underground work, carrying or moving objects exceeding the weight limits established for persons under the age of 18 and any other work that may endanger their health and morals, is prohibited under article 177 of the Labour Code. The list of harmful and hazardous working conditions was amended by the Government in a decision dated 3 March 2017 in the wake of the 2016 adoption of the Labour Code.

202.For the effective realization of children’s rights, Tajikistan is taking preventive and protective measures to overcome obstacles to the reduction of child labour, particularly labour that causes irreparable physical and moral harm to the younger generation.

203.Effective work by the Inter-Agency Coordinating Council to Eliminate the Worst Forms of Child Labour, the activation of trilateral coordination in this area at the local level, building the capacity of institutions at the central and local levels to address child labour and the formation of a database on the worst forms of child labour were envisaged under the National Programme for 2015–2020 to Eliminate the Worst Forms of Child Labour, adopted by the Government in a decision dated 31 October 2014. Also envisaged were measures including the promotion of access for children to quality compulsory education, the development of informal education programmes and vocational training programmes, initiatives to keep children from being drawn into the worst forms of labour and support for the families of children involved in such labour.

204.The Inter-Agency Coordinating Council was established by order of the Minister of Labour, Migration and Employment in 2012. It coordinates efforts to eliminate the worst forms of child labour at the national level based on the ILO Minimum Age Convention, 1973 (No. 138), and the ILO Worst Forms of Child Labour Convention, 1999 (No. 182).

205.Inter-Agency Coordinating Council members include specialists from government ministries and departments, representatives of international and non-governmental organizations, and social partners whose work is directly related to issues of child labour, education of the younger generation and protection of children’s rights. Members of parliamentary committees were invited to participate in a Council meeting.

206.Every year, on 12 June, the World Day against Child Labour, and on 20 November, Universal Children’s Day, the Council, with technical support from ILO and the United Nations Children’s Fund (UNICEF), holds expanded meetings.

207.As a result of the ILO International Programme on the Elimination of Child Labour, awareness of the issue of child labour has increased markedly. On 12 June 2022, the World Day against Child Labour, representatives of civil society and government agencies, making use of the media, took part in an awareness campaign. Particular attention is paid to the significance of the problem, the current situation regarding the education of children, especially girls, and their early involvement in labour, the unresolved issues of child labour in rural households, statistics on child labour and terminology related to child labour.

208.The Child Labour Monitoring Section has operated under the Ministry of Labour, Migration and Employment since 2009. Work, including raising awareness of child labour and its adverse effects, providing basic assistance and other necessary services, counselling for parents and children and access to vocational training, is done in a variety of ways.

209.The Child Labour Monitoring Section has a resource centre with methodological and informational materials on the problem of child labour and the measures the country has taken to combat it.

210.Child labour monitoring committees were set up in the cities of Dushanbe, Kŭlob and Khorugh and in the districts of Isfara, Shughnon and Bobojon Ghafurov under the departments for children’s rights of the local executive authorities. The committees monitor and address issues concerning children engaged in the worst forms of child labour.

211.About 900 working children between the ages of 15 and 17 have been identified; steps have been taken together with those children to end their engagement in child labour and provide them with a place in which they will be afforded protection. To this end, they were provided with direct services, including referrals to initial vocational education and training courses, vocational and technical training institutions and non-formal education, such as life skills training, information seminars on children’s rights, the basics of labour law and entrepreneurship skills.

212.The State Labour, Migration and Employment Supervision Service of the Ministry of Labour, Migration and Employment monitors, both independently and jointly with the relevant agencies, compliance with labour law, including by investigating employer violations of legal provisions in respect of persons under the age of 18.

213.In 2020, the Service, together with the relevant authorities, conducted 19 raids in public catering businesses, construction sites, shopping centres, markets, laundries and other places in a number of cities and districts, including in districts of the city of Dushanbe, the cities of Hisor and Vahdat, Varzob District and cities and districts of Sughd and Khatlon Provinces.

214.To prevent child labour, the relevant authorities hold regular information sessions with the heads of businesses and other organizations, students, school principals and representatives of the executive authorities of the relevant cities and districts.

Reply to the issues raised in paragraph 19 of the list of issues

215.The country has adopted a strategy, approved by the Government in a decision dated 29 September 2017, for the sustainable development of the provision of school meals that will be in place until 2027; it plays an important role in the health of the people, including children and adolescents.

216.As part of the strategy, plans have been made for the gradual expansion of the provision of school meals in general education institutions; the plans will be realized in a manner commensurate with the country’s economic possibilities and the social and demographic development of the country and its individual regions.

217.The 2022–2027 State Programme for the Expansion of the Provision of School Meals in Tajikistan, which drew on this strategy, was adopted by the Government in a decision dated 22 April 2022.

218.The implementation of the Programme is directly linked to the stage-by-stage plans of the current strategy and covers the formation and development of mechanisms for the provision, by degrees, of school meals in all parts of the country.

219.The implementation of the Programme depends chiefly on the availability of funds from development partners and the State budget, as well as the active participation of the private sector, domestic investors and private individuals, close cooperation, the development of mechanisms to enable general education institutions to secure produce themselves and a comprehensive solution to the material and technical challenges associated with providing school meals.

220.The Government, the State Land Management and Geodesy Committee, sector-specific agencies and other governmental and non-governmental organizations and institutions are working to solve problems relating to land use. In particular, new land is being cultivated, and farmland that had been abandoned is being farmed again. Land legislation is being refined, and measures are being taken to protect the land, fertilize it and irrigate it, as well as to maintain cadastral records and exercise oversight.

221.Work is under way to develop and adopt a new version of the Land Code.

222.Under land legislation, all citizens have equal rights to the use of land. The State Land Management and Geodesy Committee, as a supervisory body in the sphere of land use and protection, the Office of the Procurator General and other relevant institutions investigate and remedy instances of non-compliance with land laws or other rules for the fair and equal distribution of land.

223.On 1 January of each year, a report on the availability of land and on the distribution of land and types of land to groups and land users in the country is to be prepared and approved by the Government. The report takes into account and includes all relevant changes that take place during the reporting period. Land registry data are updated annually. In addition, monitoring efforts are made, and measures are taken to prevent land degradation.

224.A new system has been created for the allocation and distribution of targeted social assistance to low-income families, which is an integral part of the social protection system in Tajikistan; the new system was set up with a view to consolidating outdated means of making social welfare payments and providing benefits.

225.Targeted social assistance was introduced to replace two obsolete forms of assistance: subsidies to help low-income citizens to help pay for electricity and natural gas and payment of school allowances to children from such families studying in general education schools.

226.The mechanism for targeted social assistance has been put in place in stages:

2011–2012 – two districts in which 21,500 families (16 per cent of the districts’ households) received targeted social assistance

2013 – 10 districts (cities) in which 43,229 households (19.6 per cent of the total) were beneficiaries

2014 – 25 districts (cities) in which 49,112 households (12.2 per cent of the total) were beneficiaries

2016 – 40 districts (cities) in which 41,241 households (10.2 per cent of the total) were beneficiaries

2018 – 40 districts in which 98,439 households (14.5 per cent of the total) were beneficiaries

2019 – 40 districts in which 98,858 households (or 14.6 per cent of the total) were beneficiaries

2020 – 68 districts in which 216,276 households (14.1 per cent of the total) were beneficiaries

2021, more than 238,970 households (15.6 per cent of the total)

227.In total, for the period from 2011 to 2021, SM 350 million in public funds was set aside for the disbursal of targeted social assistance to 807,625 low-income families.

228.Under the current procedure for the allocation and disbursal of targeted social assistance, citizens whose situation corresponds to that specified in the method for the identification of low-income families and citizens, approved by a joint order of the relevant ministries and departments, have the right to benefits.

229.An indirect needs assessment, a method of objective determination of the material, domestic, social and demographic situation of the family, is used for the provision of targeted social assistance. In this method, a family’s situation is not determined by criteria (indicators) of family income (wages, pensions or migrant remittances).

230.To determine eligibility for targeted social assistance, indicators of family well-being, including information on the composition of the family, such as the presence of elderly parents, minor children and persons with disabilities, is taken into account, as are the property of all family members, the level of education of the head of the household and the characteristics of the family home, including the roofing, floor and foundation materials. Beginning in 2020, new variable indicators of the level of poverty of families were introduced; for rural residents, for example, the number of indicators was increased to 45, while for urban residents it was increased to 27.

231.A household found to be poor is entitled, in addition to targeted social assistance, to a variety of social services (benefits in relation to medical care, for example, or studies in institutions of higher learning).

232.Under the new rules, the amount disbursed in targeted social assistance is now indexed to a budget unit, an indicator used for calculations. Currently, the amount is eight budget units, or SM 512 a year per family, disbursed in quarterly payments of SM 128 each (one budget unit is equal to SM 64).

233.The Targeted Social Information System of Tajikistan was developed and introduced with the assistance of the World Bank in order to manage and administer the implementation of the programme of targeted social assistance. The System will be used chiefly to collect, process and store data, generate reports and plan and manage financing. The data collected are processed, using the method of objective determination of the material, domestic, social and demographic situation of the family, to determine eligibility for low-income family status and targeted social assistance.

234.Measures taken by the State, including the 2030 National Development Strategy, reform of the agriculture sector and school meal programmes, have enabled improvements to food and nutrition security.

235.The adoption of strategic documents and the Government’s comprehensive work have contributed to the following achievements:

An increase in the percentage of secondary school students in the country with access to free school meals from 21 per cent in 2014 to 45.5 per cent in 2021

An increase in the number of schools that include foods rich in vitamins and micronutrients in the meals they offer

An increase in the number of school cooks with a vocational education

236.At present, there are 3,940 general education institutions in the country, of which 53.4 per cent have the cafeterias necessary for the provision of school meals. The physical infrastructure of school cafeterias has been improved; nearly a third of all general education institutions have been overhauled, modernized and provided with the necessary equipment. Two action plans were carried out to implement pilot projects on increasing the availability of school meals in Tajikistan; as a result, the kitchens of 58 schools were renovated and equipped with modern technology. Currently, more than 22 per cent of schools have school gardens and plots on which food can be grown and used to improve school meals. The legal and regulatory framework necessary to manage the provision of school meals was developed over the period from 2017 to 2020. The procedure for the purchase of food and services for the provision of school meals was approved by the Government in a decision dated 7 October 2019.

237.Issues related to school meals are covered in the in-service development programme for teachers, heads of educational institutions and specialists from relevant administrative bodies. A set of training and methodological materials on the equipment of production facilities, the organization of cooks’ workplaces, sanitary and personal hygiene rules, food storage conditions and other issues related to school meals was developed and approved. Menus for school meals, which were developed taking into account the availability of local products and national traditions, were designed to reduce basic micronutrient deficiencies. Activities are organized on a regular basis to provide students and their parents with information about good nutrition and healthy lifestyles.

238.The Ministry of Health and Social Protection has established an intersectoral coordinating council on school meals that includes representatives of the relevant ministries and departments.

Reply to the issues raised in paragraph 20 of the list of issues

239.The Government of Tajikistan pays special attention to issues touching on the people’s access to housing and a life with dignity.

240.In recent years, the amount of housing floor space per person has reached the established standards. In late 2021, there was 11 m2 of floor space per person (the standard is 12 m2), 2.3 m2 more than in 2010.

241.Every year, in addition, some State-owned apartments are given free of charge to the people, members of vulnerable groups in particular. According to official statistics, as of 1 July 2022 (since the beginning of the campaign to turn public housing over to private owners), 6 million m2 of public housing, 31.6 per cent of the total area of apartments turned over to private owners, had been given to private owners at no charge.

242.Over the past 30 years, the area occupied by the population’s garden plots has increased by a factor of 2.6 to a total of 215,400 hectares.

243.As of 1 January 2022, 306,400 apartments had been turned over to private owners (since the beginning of the privatization campaign), of which 221,200 were sold, 4,200 were transferred in exchange for partial payment and 81,000 were given to the population at no charge.

244.The total area of the apartments turned over to private owners was 18.7 million m2.

245.From 2010 to 2021, 48,400 apartments were privatized, of which 16,500 were given to the people at no charge and more than 200 for partial payment. From 2010 to 2021, the total area of the apartments turned over to private owners was 4.2 million m2.

	Number of privatized apartments (units)	Including:	Area of the apartments turned over to private owners, m 2
Ceded at no charge	For partial payment	Sold
2021	306 418	81 028	4 214	221 176	18 658.9
2020	299 950	79 502	4 187	216 261	18 108.4
2019	292 622	77 618	4 174	210 830	17 522.8
2018	288 536	76 489	4 164	207 883	16 521.6
2017	283 460	75 614	4 147	203 699	16 110.2
2016	279 927	74 580	4 126	201 221	15 704.1
2015	277 509	73 542	4 094	199 873	15 558.6
2014	274 889	72 449	4 059	198 381	15 294.2
2013	271 386	71 080	4 010	196 296	15 029.1
2012	267 345	69 538	3 979	193 828	14 679.9
2011	264 221	67 697	4 088	192 436	14 515.7
2010	261 690	66 002	4 040	191 648	14 416.2

Distribution of public expenditures by sector for 2010, 2015 and 2021 (SM million)

	2010	2015	2021
State budget	Including a s percentage of the State budget	As percentage of GDP	State budget	Including a s percentage of the State budget	As percentage of GDP	State budget	Including a s percentage of the State budget	As percentage of GDP
Expenditures – Total	6 712 . 6	100.0	27.2	16 277.4	100.0	31.8	29 342.7	100.0	29.7
Sector:
Government and administrative sector	384.3	5.7	1.6	1 521.1	9.3	3.0	1 947.7	6.6	2.0
Education	989.9	14.7	4.0	2 539.3	15.6	5.0	5 259.9	17.9	5.3
Health care	354.9	5.3	1.4	1 037.2	6.4	2.0	2 850.1	9.7	2.9
Social insurance and social protection	860.2	12.8	3.5	2 637.4	16.2	5.2	4 193.5	14.3	4.2
Including:
Social protection	15.1	0.2	0.1	34.7	0.2	0.1	66.9	0.2	0.1

246.The objectives of the Housing Code, which was adopted on 18 March 2022, are to regulate housing matters with a view to ensuring the realization of the constitutional right to housing, the proper use and administration of the housing stock and stronger housing laws. The Housing Code, which entered into force on 1 September 2022, includes provisions on housing funds, rights and obligations in relation to housing, the participation of public associations in the administration and preservation of the State and public housing fund, the participation of civil society organizations in the custody and administration of the housing fund and on other matters. These provisions are consistent with the requirements of the Covenant.

Reply to the issues raised in paragraph 21 of the list of issues

247.The procedure for the execution of orders to evict debtors is regulated under article 81 of the Enforcement Proceedings Act (version of 20 March 2008).

248.Article 81, on the basis of which the law enforcement officer officially notifies the debtor of the date and time of the eviction, provides for the eviction of the debtor by the law enforcement officer. The absence of the debtor who has been notified of the date of eviction is not an obstacle to the execution of the eviction order.

249.Eviction involves removing the evicted person or persons and the belongings or pets of the person or persons from the premises specified in the eviction order and transferring the vacated premises to the claimant or placing them in safekeeping in the prescribed manner. Evictions take place in the presence of witnesses and, if necessary, with the assistance of internal affairs officials; an inventory of property drawn up by the official executing the eviction order is mandatory.

250.The evicting official will, where necessary, place the debtor’s property in safekeeping, the costs of which are to be borne by the debtor. The debtor’s property will be kept for a period not to exceed three years, after which the property, deemed ownerless, will be sold in accordance with the established procedure. The proceeds from the sale of the debtor’s property will go to the State.

251.The execution of the eviction order is made official in a formal enforcement order.

252.In the period to 1 June 2022, there were 196 (taking into account 73 eviction orders from the previous year) enforcement orders related to evictions. Of those orders, 69 were executed, 7 were annulled by the courts and 22 were returned to the issuer pursuant to article 32 of the Enforcement Proceedings Act (version of 20 March 2008).

253.The Office of the Director of the Rogun Hydropower Plant Flood Zone, a State agency whose activities are in compliance with the legislation of Tajikistan, World Bank Operational Policy 4.12 on Involuntary Resettlement, all international standards and the 2018 environmental and social standard of the World Bank and the International Bank for Reconstruction and Development “Land Acquisition, Restrictions on Land Use and Involuntary Resettlement”, notes that 6,988 people from 1,501 households in 15 rural communities have been resettled.

254.Before the resettlement, people were given information to help them select one of the resettlement sites specified in Government Decision No. 47 of 20 January 2009 (the cities of Rogun and Tursunzoda and the districts of Nurobod, Rŭdakí and Danghara). The people were resettled in new places of residence located, according to their wishes, in one of the specific districts. According to the approved list of resettled persons, plots of land at the new places of residence are distributed by drawing of lots. Plots of land are allocated to each family, not just each household, thus giving each family the opportunity to have its own plot and build its own home.

255.The Office of the Director, in cooperation with the resettling local authorities, the local authorities of places receiving resettled persons and the Ministry of Labour, Migration and Employment, has made efforts to raise awareness of the preparation of technical passports for homeowners, containing appraisals, on the basis of which compensation is paid, of the market value of houses and other property. All building materials from old dwellings and outbuildings that were demolished, as well as the wood from the trees that were felled, were given at no charge to the heads of households and their families. The Ministry of Labour, Migration and Employment provides soft loans to heads of households and their families and one-time allowances to the head of the family to support the resettled population. In addition, each displaced family is provided with truck transport, paid for with public funds, to move its belongings to its new place of residence.

256.In 2014, according to the environmental and social impact assessment done for the Rogun Hydropower Plant, outreach efforts were made within the framework of the Livelihood Restoration Plan to provide information, as requested by resettled persons, on vocational courses and on setting up farms. In view of those persons’ wishes, assistance in obtaining farmland and the related documents was provided. In the city of Tursunzoda, for example, 551 families were allocated 0.30 hectares of farmland, while 400 hectares of pasture were allocated in Khatlon Province. Thirty hectares of farmland were distributed in Sayidon, a community in the city of Rogun. In addition, plots of 0.06 hectares for agricultural needs and 100 hectares of pasture were distributed in the community of Yoli Garmoba in Rogun. In the district of Danghara, three farms with 10 land tenants were set up. Women and girls were encouraged to attend the vocational courses and were given certificates upon completion.

257.Under a contract with the independent international firm Baker Tilly Tajikistan, a household-level audit was conducted at the new places of residence of persons displaced from the Rogun Hydropower Plant flood zone.

258.The World Bank visited the country two or three times a year between 2012 and 2017 and helped monitor resettlement from the flood zone, producing memorandums after each visit.

259.With a view to ensuring ongoing monitoring of effort to resettle the persons displaced from the flood zone, and as recommended by the World Bank, an independent non-governmental organization, Kumak, regularly audits the resettlement at the household level and produces annual reports.

260.To address complaints and applications in the new places of residence of the resettled population, local branches of both the Office of the Director for the Rogun Hydropower Plant Flood Zone and the Office of the Director for Social Protection and Gender Policy were opened. These branches work closely with the resettled persons and the local authorities to solve problems that arise.

Reply to the issues raised in paragraph 22 of the list of issues

261.In effect in Tajikistan are the Drinking Water Supply and Wastewater Disposal Act of 19 July 2019, the Water Code of 2 April 2020 and government decisions on accounting and reporting procedures in respect of the drinking water supply and wastewater disposal (27 February 2020), the designation of a State agency to oversee matters related to the drinking water supply and wastewater disposal (27 October 2020) and the procedure for public monitoring in respect of the drinking water supply and wastewater disposal (3 December 2021).

262.As a result of the adoption of the aforementioned instruments, significant progress has been made in connection with water supplies and sanitation. The causes of the financial and economic problems encountered by the State Housing and Communal Service (Khojagii Manizliyu Kommunali) have been identified.

263.Currently, all owners of water supply and sanitation facilities in the country (State firms, associations, community-based organizations, drinking water supply committees, agricultural firms and so on) fall outside the scope of the unified regulation and coordination system.

264.See also the replies to the issues raised in paragraph 10.

Reply to the issues raised in paragraph 23 of the list of issues

265.The 2020–2022 programme of State guarantees for the provision of health services in pilot cities and districts of country, approved by the Government in a decision dated 1 May 2020, is being actively implemented in 31 cities and districts.

266.As part of the programme, guidelines were developed for the provision of health care (the forms, amounts and conditions) in the public health institutions of the pilot cities and districts at no charge or on a paid basis, depending on the total public funding for health care in the cities and districts and the availability of resources from donors.

267.Some categories of citizen or patient listed in addendum 1 to the programme document are defined as privileged categories and are entitled to free health care.

268.The results of the programme show that access to health care has increased more in the pilot districts than in districts where informal payments were made for health services.

269.At the same time, the institutions of the pilot cities and districts drew up a roster of beneficiaries and other population groups, and specialists were given a basic list of medications and clinical instructions. In the event of co-payment, the employees of the health-care institutions of the pilot cities and districts earn additional wages. The collection of payments, done in the admissions departments of medical facilities, is centralized, and most hospitalized patients are given the examinations they need, the payment for which is made according to the list of approved standard prices.

270.According to statistical reporting, the number of visits to polyclinics in the pilot districts has increased from 3.5 to 5.9 per capita over the past three years. The hospitalization rate in the pilot districts has dropped from 11.1 to 9.2 per cent over the past three years.

271.Since 2007, this programme, which has been put in place eight times in the wake of decisions made by the Government, has covered 31 of the country’s cities and districts, or 45.5 per cent of all the country’s cities and districts.

272.The Health Insurance in Tajikistan Act was adopted in 2008. The legal, social, organizational and financial bases of compulsory and optional health insurance in Tajikistan are defined in the Act. The Act provides for the creation of a compulsory health insurance fund, which will be the single payer in the health-care sector.

273.The Act also provided for the introduction of compulsory health insurance in 2010. As a result of the economic and social situation of the country, however, the introduction of such insurance has been postponed four times.

274.The Ministry of Health and Social Protection nonetheless continues to prepare for the introduction of compulsory health insurance. In particular, several relevant draft regulatory instruments on health insurance, including instructions on the amount of the premium (payment) for compulsory health insurance and a basic compulsory health insurance programme, which the relevant ministries and departments have been apprised of, have been prepared.

275.At the same time, the introduction of compulsory health insurance involves several major problems that are an obstacle to the timely application of the Act. The problems include, in particular, the low level of employment of the population, the amount of coverage, which has an adverse effect on income tax rates, the insufficient coordination of efforts by the relevant ministries and departments to organize the compulsory health insurance system, uncertainty around the sources and amount of the premiums and the lack of public funds with which to cover the costs for health-care services incurred by benefits recipients and jobseekers.

276.On 21 February 2022, as part of the application of the Health Insurance in Tajikistan Act, the Ministry of Health and Social Protection issued instructions for the establishment of an interdepartmental working group.

277.See also the replies to the issues raised in paragraph 10.

Reply to the issues raised in paragraph 24 of the list of issues

278.The Tajikistan State Clinical Psychology Centre operates a helpline with a specialist, on call around the clock, who provides assistance by telephone and, if necessary, visits the patient. In addition, in order to improve the mental health of young people, weekly live talks with specialists are held on television.

279.There are 17 specialized psychiatric institutions in Tajikistan, including 3 national institutions, 2 provincial institutions and 12 city and district institutions.

280.In the system of psychiatric care, there are 75 doctors or, if necessary, as many as 282, as well as 273 senior nurses and 690 junior nurses.

281.As of 1 July 2022, 44,467 patients had been registered, or 444 per 100,000 population, including 13,390 in Khatlon Province, 14,229 in Sughd Province, 2,191 in Kŭhistoni Badakhshon Autonomous Province, 4,582 in Dushanbe and 9,375 in the centrally administered districts. Of these patients, 10,782 are children, of whom 6,299 receive disability benefits. There are 33,685 adults, of whom 22,358 receive disability benefits.

282.In 2021, a working group of the Ministry of Health and Social Protection studied cases of suicide and its causes throughout the country. As a result, specific recommendations on the prevention of suicide were made to all health-system entities.

283.In 2021 (the first six months of 2022), there were 338 recorded cases of attempted suicide and 94 suicides (300 and 101, respectively, in the first six months of 2022); 195 of the victims were men, 30 were boys (184 men and 34 boys in the first six months of 2022), 162 were women and 45 were girls (154 women and 38 girls in the first six months of 2022).

284.There were 20 recorded cases of attempted suicide in Kŭhistoni Badakhshon Autonomous Province in 2021 (15 in the first six months of 2022), 200 in Sughd Province (173 in the first six months of 2022), 121 in Khatlon Province (117 in the first six months of 2022), 14 in Dushanbe (18 in the first months of 2022), 73 in the centrally administered districts (79 in the first six months of 2022), including 4 in the Rasht Valley (8 in the first six months of 2022).

285.To raise awareness of mental health in Tajikistan, there are polyclinics, 6 urban and rural district hospitals and 10 centres with local and family doctors who are required to conduct outreach in their areas.

286.There are 45,000 people registered as mentally ill, of whom 10,800 are children.

287.See also the replies to the issues raised in paragraph 10.

Reply to the issues raised in paragraph 25 of the list of issues

288.Improving the quality of family planning services, an integral part of the right to reproductive health, is one of the priorities of health system reforms.

289.The Family Planning Programme in Tajikistan is an integral part of the 2016–2020 National Action Plan on Sexual and Reproductive Health and Maternal, Child and Adolescent Health, a comprehensive new plan. The Plan incorporates the requirements of the Global Strategy for Women’s, Children’s and Adolescents’ Health (2016–2030) and the 2020–2030 National Health Strategy.

290.In 2019, to improve family planning programmes, the Ministry of Health and Social Protection, together with the Ministry of Education and Science and the Ministry of Finance, and in partnership with the United Nations Population Fund in Tajikistan and the United States Agency for International Development, developed the 2019–2022 State Reproductive Health Programme. For the first time, the Government, to begin public funding of contraceptive procurement and provision, created a separate budget line for the purchase of contraceptives. Successful implementation of this plan will result in an annual increase of 1.5 per cent in the rate of contraceptive use.

291.During the development of the State Programme, it was foreseen that a 1.5 per cent annual increase in the rate of contraceptive use would be accompanied by a decrease in maternal mortality. The increase would prevent a total of 92 maternal deaths between 2019 and 2022, 13 more than would be prevented without it, according to calculations cited by the United Nations Population Fund. In 2022 alone, five women’s lives will be saved by this increase in the use of family planning methods. According to forecasts, 1,282 infant deaths, including 521 in 2022, will be prevented each year over the period.

292.In particular, efforts by the Ministry of Health and Social Protection have focused on developing standards, protocols and guidelines for family planning services, training providers of reproductive health care, improving contraceptive supply and distribution management, preparing informational and educational materials and increasing public awareness and knowledge of family planning. The Ministry of Education and Science, in cooperation with the Ministry of Health and Social Protection, developed a course on healthy lifestyles and made it a part of the school curriculum. All these efforts have led to significant progress in the provision of family planning services and in the people’s use of these services. The Reproductive Health Service has set up and operates a coherent system for the management of reproductive health supplies at all levels; the aim of reforms to the health system is to increase access to family planning services at the primary health-care level, etc. For the first time since 2016, contraceptives were purchased with public funds. This is a reflection of the Government’s political commitment to family planning within the framework of international agreements and comprehensive strategies such as the Sustainable Development Goals, Family Planning 2022 and the Global Strategy for Women’s, Children’s and Adolescents’ Health (2016–2030). Health-care facilities, including rural health centres, provide a relatively wide range of contraceptives when possible.

293.As they leave maternity facilities, women, first-time mothers in particular, receive qualified family planning counselling and contraceptive services if they wish to choose a contraceptive method.

294.Liability under article 25 of the Criminal Code is incurred exclusively to prevent the spread of HIV/AIDS and protect public health.

295.In accordance with a 24 December 2021 order of the Ministry of Health and Social Protection, an interdepartmental technical working group was set up under the Ministry that, as recommended by the United Nations Commission on Human Rights, considers amendments to legislation in this area, provision for which is also made in the plan for the implementation of the National Programme to Combat the HIV/AIDS Epidemic (2021–2025).

296.The necessary services, including opioid substitution therapy, are provided to drug-dependent people, especially those who inject drugs, as part of the implementation plan. Currently, the country has 13 opioid substitution sites serving 656 patients. Health and social services are provided at opioid substitution therapy sites within the framework of the Programme. For example, many single-window sites provide patients with several services at the same time. Patients at such sites are provided with antiretroviral therapy, as needed, along with substitution drugs, anti-tuberculosis drugs administered as part of a treatment strategy referred to as directly observed treatment, short-course, symptomatic therapy for sexually transmitted diseases and biannual HIV/AIDS and hepatitis testing. All these services are provided at no charge. Harm reduction services in the country have proved effective, and the incidence of HIV/AIDS infections as a result of needle-sharing has decreased several times.

297.See also the replies to the issues raised in paragraph 10.

Reply to the issues raised in paragraph 26 of the list of issues

298.Article 42 of the Constitution states that everyone has the right to education.

299.In the 2021/22 school year, there were 2,195,619 students in the country’s general education institutions (of whom 1,059,743, or 48.3 per cent, were girls), 161,719 more than in the 2019/20 school year. The number of students is increasing by the year.

300.Despite the measures that have been taken, some parents still prevent their children from attending educational institutions and receiving an education. Under the Act on Parental Responsibility for the Education and Upbringing of Children, parents who prevent their children from receiving an education may be held liable. As a result of measures taken by the State, the number of children not attending an educational institution has decreased significantly.

301.While 96 children (62 of them girls) were out of school in 2019, that number dropped to 47 (19 of them girls) in 2022.

302.Although basic education is compulsory, the Ministry of Education and Science makes every effort to encourage students to general secondary schools.

303.In 2019, 154,075 students (including 74,092 girls) who completed ninth grade; 115,605 of them, or 75.1 per cent (including 53,237 girls, or 71.8 per cent of the girls who completed ninth grade), went on to pursue upper secondary studies.

304.In 2021, 153,050 students (including 73,739 girls) received basic education (finished ninth grade), and 121,928 of them, or 79.6 per cent (including 57,238 girls, 77.6 of the girls who finished ninth grade), continued to the tenth grade.

305.Since the concept of inclusive education was adopted in Tajikistan, the number of children with disabilities in general education institutions has grown by the year. Although parents initially stood in the way of having their children go to school, after outreach work was done, they became interested in having their children study with their peers in general rather than special educational institutions.

306.There were 7,132 children with disabilities (of whom 2,886 were girls) in general education institutions in the 2019/20 school year, 7,338 (of whom 2,939 were girls) in the 2020/21 school year and 7,362 (of whom 2,922 were girls) in the 2021/22 school year; it was thus possible to ease the burden on special boarding schools. Many of these children follow customized educational programmes in general education institutions and also receive medical assistance and support from specialists when necessary.

307.The number of students in special boarding schools is falling by the year. There were 1,651 students (of whom 515 were girls) enrolled in special boarding schools in the 2019/20 school year, 1,640 (of whom 508 were girls) in 2020/21 and 1,621 (of whom 501 were girls) in 2021/22.

308.The Preschool Education Act, the State preschool education standard and model provisions for preschool institutions in Tajikistan have been adopted.

309.In 2000, there were 523 preschools in Tajikistan, while in 2022 there were 696, with places for 152,453 children.

310.The Ministry of Education and Science proposed an alternative option, child development centres, with a view to giving more children access to preschool education.

311.Since 2013, the number of child development centres has grown from 1,031 to 1,810. There are currently 51,265 children enrolled in these centres.

312.The country has 200 private kindergartens.

313.The 2020–2025 State Programme for the Development of Preschool Education was adopted by the Government to improve facilities at the country’s preschools.

314.A new private preschool development programme for the period 2022–2026 was prepared. Plans to build 132 preschools will be carried out as part of the implementation of this programme.

315.To act on the Government’s orders and instructions under the national headquarters action plan to strengthen the measures taken to prevent the emergence and spread of COVID-19 in Tajikistan, the Ministry of Education and Science, together with other ministries and committees, government agencies and non-governmental and international organizations operating in the country, has taken timely measures and created conditions conducive to the prevention of this disease. The development and production of educational films, televised lessons, online lessons and educational talks and meetings with educators in the media, State television in particular, began on 4 April 2020, as required under the action plan.

316.Development partners also provided a range of first-aid supplies for students and teachers at general education institutions and national and local boarding schools. In particular, antiseptics and hygiene products were purchased as part of the European Union Quality Education Support Programme, the first phase of which concerned 380 educational institutions (324 general education institutions, 16 centrally administered boarding schools, 20 local boarding schools and 20 boarding preschools and orphanages).

317.These resources were distributed to 41 general education institutions and 5 boarding schools in Khatlon Province, 113 general education institutions and 14 boarding schools in Sughd Province and 64 general education institutions and 13 boarding schools in Dushanbe.

318.Antiseptics were provided to 86 general education institutions and 17 boarding schools in the centrally administered cities and districts by the National Talent Development Centre and the Sarvar Women’s Training Centre.

319.As part of the second phase of the European Union Educational Quality Support Programme, antiseptics and reusable masks were delivered at training seminars held on the adoption of a system of competency-based education to improve the professional skills of teachers.

320.The recording of televised lessons is being made possible with the financial support of the United Nations Children’s Fund. Currently, 30 lessons are being shown on Bakhoriston, a channel for children and adolescents, and preparations to air another 20 are under way. There are two phases to the preparation of the lessons; 120 lessons are planned for the first phase and 2,000 for the second.

321.The Organization for Security and Cooperation in Europe donated a number of first-aid supplies.

322.During this period, specialists from the Ministry of Education and Science participated in 36 television and radio programmes and made contributions to more than 93 speeches, articles and reports on sanitation and hygiene issues or vacations for schoolchildren and students in higher education. Reports on the activities of schoolchildren and students in higher education appeared in the educational media and were made available to educational institutions.

323.In particular, since the start of the 2021/22 school year, the Ministry of Education and Science, together with development partners, has developed general guidelines for educational institutions in relation to the COVID-19 situation. To ensure student health and compliance with public health rules, educational seminars, involving education department employees and the heads of and teachers at educational institutions, were held in the country’s cities and districts.

324.At the same time, teachers and other educators, in cooperation with other employees of public institutions in the provinces, organized talks and meetings on public health conditions, and a public service advertisement they produced was shown on local and national television channels.

Reply to the issues raised in paragraph 27 of the list of issues

325.Article 27 of the Constitution states that citizens participate directly in the public and political life of the country.

326.Under the standard rules on general education institutions, political parties, social and political movements and religious organizations may not organize activities in the general education institutions of Tajikistan. The creation of student organizations and voluntary associations of students in a general education institution is nonetheless possible. As independent organizations, student organizations influence the formation and development of children’s personality, instilling in students a sense of patriotism, humanism, cohesion, hard work, support for the policies of the Head of State and, at the same time, respect for the law. A number of student organizations (Akhtaron, Successors of the Samanids and Samanids), joined together in general education institutions in keeping with a workplan, organize various scientific, educational, cultural and sporting events and take part in various public events such as the observation of the country’s Independence Day, Constitution Day, President’s Day, Flag Day, National Unity Day and so on.

327.In addition, Tajikistan is home to various peoples (national minorities), including Uzbek, Russian, Kyrgyz and Turkmen minorities, who are also actively involved in the social life of educational institutions and are members of these student organizations.

328.The history of the Tajik people, the second part of which is devoted to the history of independent Tajikistan, is a subject taught in eleventh grade in general education institutions. That part covers topics such as the civil war and peace and unity in the land of the Tajiks; the causes of the civil war and its devastating consequences, including an increase in the number of refugees, unemployment, hunger and other social problems are explained in that part of the course.

329.In the 2020/21 school year, the Ministry of Education and Science added a new topic, global problems of the modern world (eleventh grade), to the history textbook, a topic that includes information on ways to prevent extremism and terrorism.

Reply to the issues raised in paragraph 28 of the list of issues

330.There are 3,940 general education institutions in Tajikistan (see table).

Language of instruction	Number of institutions	Number of classes	Number of students	Number of students who are girls
Tajik	3 237	73 468	1 677 474	817 390
Tajik and Russian	164	7 320	212 815	94 358
Tajik, Russian and Uzbek	9	403	10 651	5 255
Tajik, Russian and English	6	219	5 771	2 493
Tajik and Uzbek	325	9 603	219 989	109 787
Tajik, Uzbek and Kyrgyz	1	21	328	161
Tajik and Kyrgyz	27	501	7 859	3 889
Tajik and Turkmen	4	106	2 147	1 033
Tajik and English	1	26	627	258
Tajik and Turkish	1	39	867	402
Russian	48	973	27 063	10 225
Russian and English	2	31	432	162
Uzbek	81	1 351	23 759	11 796
Kyrgyz	25	281	3 659	1 822
Turkmen	1	7	62	36
English	7	132	2 116	676
Total	3 940	94 481	2 195 619	1 059 743

331.In all institutions, in addition to the national language, instruction in the languages of national minorities living in Tajikistan is made widely available.

332.Tajikistan has acceded to major international agreements and treaties in the field of culture and the arts.

333.Under article 40 of the Constitution, all persons have the right to participate freely in the cultural life of society and in artistic, scientific and technical endeavours and to make use of what they have achieved. Cultural and spiritual values are protected by the State. Intellectual property is protected by law.

334.Tajikistan is a party to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled of 27 June 2013.

335.The Culture Act was adopted in 1997. By law, the people of Tajikistan, regardless of their origin, race and nationality, gender, language, education, religion, social status, ownership of property and occupation, have the right to enjoy the benefits of national and universal cultural achievements without restriction, to engage in all types of professional and non-professional (amateur) creative activities in accordance with their interests and abilities, to control intellectual property, to protect their trade secrets, to make unhindered use of their creative achievements, to draw freely on their moral, aesthetic and other values, to benefit from government support for their national culture and to have unhindered access to their cultural heritage, public libraries, museums and archives. There are restrictions on the use of cultural property under the law. Humanistic and artistic education may be received without restriction, the forms and methods of education may be chosen freely and there is an unrestricted right to own property of historical and cultural significance, including collections and buildings and other structures, institutions, enterprises and other cultural commodities. The procedure for acquiring and using cultural commodities is regulated by law.

336.The members of any ethnic group living in Tajikistan have the right to preserve, develop and protect their cultural identity, to organize cultural enterprises and institutions and to form ethnic cultural centres and organizations.

337.Tajikistan supports national cultural centres, national societies, associations, educational and other organizations of Tajik nationals abroad, takes measures to conclude inter-State agreements in this area and protects the rights of such persons.

338.Foreign nationals and stateless persons have the same rights as Tajik nationals in the sphere of cultural activity, except where otherwise provided by law.

339.In 2005, the Government made a decision to adopt a cultural development concept. This concept encompasses the main areas and priorities related to the development of culture and social and cultural life. The concept is an objective, comprehensive and purposeful reflection of the real possibilities of the potential of modern society, the social and cultural interests and needs of all segments of the population, logical interrelations of theory and practice and the interaction and interdependence of areas, types and forms of cultural activity with all socioeconomic spheres of modernity.

340.The State Programme for the Development of the Cultural Institutions of Tajikistan (2021–2025) and the accompanying action plan were also adopted. The main goal of the Programme is to ensure the sustainable development of cultural and recreational institutions in the country at a qualitatively new stage of its socioeconomic and cultural life and the globalization of culture and the information space by modernizing infrastructure, strengthening the competitive infrastructure, training personnel and thus contributing to the development of the folk arts and the realization of the individual’s cultural and spiritual potential.

341.The concept of ethnic and cultural education in Tajikistan was adopted by the Government in a decision dated 18 February 1998.

342.There are more than 4.2 million Internet subscribers in the country (in 2021, there were 3.6 million). Subscribers to the telephony and Internet services provided by Tochiktelekom, a publicly held joint stock company, include 7,552 veterans of the Second World War and persons of equivalent status – that is, persons with disabilities of groups one and two – whose subscriptions are subsidized. For the period, telecommunication services of a value of SM 240,100, paid for with public funds, were provided to the beneficiaries of subsidized subscriptions.

343.Mobile telecommunications providers offer a 50 per cent discount on their usual rates.