Committee on the Elimination of Racial Discrimination
Consideration of reports submitted by States parties under article 9 of the Convention
Combined ninth to eleventh periodic reports of States parties due in 2016
Tajikistan *
[Date received: 29 January 2016]
I.Introduction
1.This report is submitted in pursuance of article 9 (1) of the International Convention on the Elimination of All Forms of Racial Discrimination and has been drawn up in accordance with the guidelines for the preparation of reports to be submitted by States parties under article 9 (1) of the Convention (CERD/C/2007/1), which were adopted by the Committee on the Elimination of Racial Discrimination at its seventy-first session. The report was prepared by an interdepartmental working group comprising representatives of the Executive Office of the President, the Ministry of Justice, the Ministry of Internal Affairs, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Education and Science, the Ministry of Labour, Migration and Employment, the Ministry of Health and Social Protection, the Office of the Procurator-General, the Council of Justice, the State Committee on National Security, the Committee for Women and the Family and the Committee for Television and Radio Broadcasting.
2.This periodic report contains responses to the concluding observations on the combined sixth to eighth periodic reports of Tajikistan, adopted by the Committee on the Elimination of Racial Discrimination at its eighty-first session (6-31 August 2012) and issued on 24 October 2012 (CERD/C/TJK/CO/6-8). It takes account of the outcome of the plan of action to implement the concluding observations approved by the Chair of the Government Commission on International Human Rights Obligations on 14 November 2013. A summary of the progress made in implementing the recommendations was prepared semi-annually and circulated to government bodies and civil society.
3.Representatives of civil society were involved in the implementation of the Committee’s concluding observations and participated in the preparation of the report. The draft report was also widely discussed with representatives of government bodies, the Commissioner for Human Rights (Ombudsman), representatives of civil society and international organizations and independent experts.
4.The working group wishes to thank the civil society organizations for their cooperation in drawing up this report.
II.Information on the implementation of the Convention
Paragraph 8 of the concluding observations
5.Tajikistan implements a policy designed to eliminate all forms of racial discrimination, to foster mutual understanding among the peoples living in the country and to uphold the principle that all citizens, stateless persons and other groups protected under the Convention are equal before the law. In the period 2014-2015, Tajikistan ratified the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Prevention and Punishment of the Crime of Genocide.
6.After conducting the population census in 2010, the Government took the requisite measures to compile disaggregated data. The data collected took account of gender, ethnicity and the mother tongue of ethnic minorities living in the territory of Tajikistan. The data are processed according to gender and age. With respect to separate ethnic groups, data on persons aged 15 and over are processed according to marital status, gender and age and, on children aged 6 and over, according to age and level of education. The population census also yielded information about separate ethnic groups broken down by source of livelihood, economic activity and employment by type of economic activity.
Paragraph 9 of the concluding observations
7.In accordance with the principles of equality and freedom, racial discrimination is condemned in all its forms and manifestations under the law. All persons are equal before the law, irrespective of ethnicity, race, gender, language, faith, political opinions, social status, education or assets. Domestic legislation prohibits racial discrimination. For example, article 17 of the Constitution provides that the State shall guarantee the rights and freedoms of every person irrespective of their ethnicity, race, gender, language, faith, political opinions, education, social status or assets. Men and women have equal rights.
8.Under article 39 of the Constitutional Act on Elections to the Majlis-i Oli, the legislature of Tajikistan, when canvassing for votes, there may be no use of methods of psychological, physical or religious intimidation, abuse of the freedom of the media, incitement of social, racial or ethnic hatred or animosity, calls for the seizure of power, violent overthrow of the constitutional order or violation of the integrity of the State, propaganda for war or other forms of abuse of freedom of the media prohibited by the laws of Tajikistan.
9.Under article 16 of the Citizens’ Appeals Act, any citizen who submits a claim or complaint that contains slander or insults, or that is intended to incite ethnic, racial, regional or religious animosity, is liable to prosecution in accordance with the law.
10.Under article 37 of the Information Act, the use of information that undermines the constitutional order, State security and cybersecurity for the purposes of fomenting racial, ethnic, local, religious or linguistic discord or war or information that advocates violence, terrorist and extremist activity, social animosity, offences against the person or violations of human and citizens’ rights and freedoms is prohibited, as is the promotion and advertising of an immoral or amoral way of life (pornography).
11.Article 6 of the Security Act defines any form of political extremism, including the fomenting of social, racial, ethnic, religious, ideological, local and group animosity or discord, as a threat to security.
12.Articles 4 (2) and 38 (3) of the Act on Self-Governing Bodies of Villages and Rural Communities prohibit any restriction of citizens’ rights to participate in the establishment and operation of the self-governing bodies of villages and rural communities, irrespective of their ethnicity, race, gender, language, faith, political position, social status, education or assets. When campaigning, there may be no use of methods of psychological, physical or religious intimidation, abuse of freedom of the media, incitement of social, racial or ethnic hatred and animosity, calls for the seizure of power, violent overthrow of the constitutional order or violation of the integrity of the State, propaganda for war or other forms of abuse of freedom of the media prohibited by the laws of Tajikistan.
13.Article 15 of the Voluntary Associations Act prohibits the establishment and operation of any voluntary association that advocates racial, ethnic, social or religious animosity or that calls for the violent overthrow of the constitutional order and the formation of armed groups. This Act governs social interaction pertaining to citizens’ enjoyment of their rights to join, establish, operate, reorganize or dissolve voluntary associations.
14. Under articles 3 and 14 of the Refugees Act, work with asylum seekers and refugees must be based on the principle of non-discrimination. Asylum seekers, persons applying for recognition of refugee status, persons who are recognized refugees and persons who have forfeited or lost their refugee status may not be returned or deported against their will to the territory of a State where their life or freedom would be in jeopardy owing to persecution on the grounds of their race, religious beliefs, ethnicity, membership of a specific social group or political opinions.
15.According to article 8 of the Counter-Terrorism Act, fighting terrorism consists in the detection, prevention and suppression of terrorist crimes in pursuit of political, ethnic, racial or religious extremist goals.
16. Article 3 of the Legal Status of Foreign Nationals Act stipulates that foreign nationals in Tajikistan are equal before the law, irrespective of their origin, social status or assets, race or ethnicity, gender, education, language, attitude to religion, type or nature of occupation or other circumstances.
17.Articles 35 (2) and 374 of the Code of Administrative Offences provides that the purpose of administrative punishment must not be to debase the dignity of an offender, or to cause a natural person who has committed an administrative offence physical or moral pain and suffering, or to intimidate, discriminate in any way against or degrade the individual, or to damage the business reputation of a legal person which has committed an administrative offence. Except when the following acts constitute a crime, it is an administrative offence to produce, possess, import, transport or disseminate in the territory of Tajikistan media products that contain information or material aimed at advocating or agitating for the violent overthrow of the constitutional order, the violation of the integrity and sovereignty of the State, the undermining of State security, war, the fomenting of social, racial, ethnic or religious discord or a cult of cruelty, violence and pornography, the justification of terrorism and extremism or the dissemination of State secrets and also to show films or videos of a pornographic or certain sexual and erotic nature or various prohibited printed material.
18. Article 9 of the Penal Enforcement Code stipulates that the social status, status as an official or assets of convicted persons, their political opinions, the type and nature of their occupation before the crime was committed, their race or ethnicity, nationality, education, language, attitude to religion and other factors must not be taken into account when determining the procedure and conditions for the enforcement of sentences.
19.Article 1 of the Family Code prohibits any restriction of citizens’ right to marry and found a family on social, racial, ethnic, linguistic or religious grounds.
20.National legislation covers rights and freedoms irrespective of ethnicity, race, gender, language, faith, political opinions, education, social status or assets, in particular the Constitutional Act on Elections to the Majlis-i Oli, the Press and Other Media Act, the Citizens’ Appeals Act, the Information Act, the Amnesty Act, the Security Act, the Act on the Self-Governing Bodies of Villages and Rural Communities, the National Security Agencies Act, the Voluntary Associations Act, the Anti-Extremism Act, the Refugees Act, the Counter-Terrorism Act, the Legal Status of Foreign Nationals Act, the Criminal Code, the Family Code, the Code of Administrative Offences and the Penal Enforcement Code.
Paragraph 10 of the concluding observations
21.The law deals with all matters related to racial discrimination, and there is no need to amend it or to enact certain legislation. In order to prevent racial discrimination in Tajikistan, article 143 of the Criminal Code specifies penalties for any intentional direct or indirect violation or restriction of rights and freedoms or the establishment of direct or indirect advantages for citizens by reason of gender, race, ethnicity, language, social origin, personal status or assets, status as an official, place of residence, attitude to religion, beliefs or membership of political parties or voluntary associations resulting in harm to the rights and lawful interests of citizens.
Paragraph 11 of the concluding observations
22. Under article 17 of the Constitution, everyone is equal before the law and tribunals. The State guarantees the rights and freedom of every person irrespective of his or her ethnicity, race, gender, language, faith, political opinions, education, social status or assets. A number of legal provisions, including article 1 (5) of the Family Code, article 5 of the Criminal Code and article 7 of the Labour Code, prohibit any restriction of rights on the grounds of ethnicity, race, colour, gender, age, religion, political opinions or place of birth. Article 1302, on the use of slave labour, was introduced under the Act amending the Criminal Code, adopted on 14 March 2014. Notwithstanding those provisions, in 2015, the courts did not hear any cases regarding offences related to forms of racial discrimination.
Paragraph 12 of the concluding observations
23.In Tajikistan, recruitment to the civil services is carried out on equal terms and with equal opportunities irrespective of ethnicity, race, gender, language, faith, political opinions, education, social status or assets (Civil Service Act, art. 2).
24.As required by State statistical report form No.1-GS, entitled “Report on the number and grading of members of the civil service”, the Civil Service Agency conducts a quarterly monitoring exercise and compiles a statistical report which also contains information about the number of civil servants belonging to other ethnic groups.
25. As of 1 July 2015, the staff complement of government bodies comprised: 1,325 Uzbeks, or 7 per cent; 58 Russians, or 0.3 per cent; 161 Kyrgyz, or 0.8 per cent; and 39 persons from other ethnic backgrounds, or 0.2 per cent.
26.The appropriate measures are being adopted at all levels in order to secure the smooth implementation of State programmes and of laws and regulations on gender issues and to recruit women into the civil service.
27.The Prevention of Domestic Violence Act was adopted on 19 March 2013, and a programme on the prevention of domestic violence covering the period 2014-2023 was approved in order to implement it. It provides for the conducting of regular awareness-raising campaigns and outreach activities. As part of the latter, various meetings are being held with broad sections of the population to discuss subjects such as tolerance, respect for other ethnic groups and nationalities and for their traditions, rites and culture and equality irrespective of gender, race, language, customs, religion or traditions.
28. The State programme for the education, selection and placement of capable women and girls in leadership positions for the period 2007-2016 is being implemented pursuant to a government decision of 1 November 2006. The National Strategy to Promote the Role of Women in Tajikistan for the period 2011-2020 was approved by a government decision of 29 May 2010. A State programme to train women specialists and promote their employment for the period 2012-2015 was approved by a government decision of 1 March 2012.
29.As of 1 July 2015, the number of women in the civil service amounted to 4,431, or 23.6 per cent of the overall staff complement.
30.The Institute of Public Administration under the Office of the President has formulated a plan for encouraging women to study politics and administration covering the 2008-2016 period. The Institute’s master’s programme encompasses 260 hours of instruction in these subjects every year. In addition, skills enhancement courses for women include lectures on management culture.
31.As part of the State’s bid to train and enhance the skills of civil servants, the Civil Service Agency and the Institute of Public Administration regularly organize and hold training sessions in this subject matter.
32.The participation of persons belonging to national or ethnic minorities, including women, and improvements in their level of representation in the judiciary are constantly monitored. In 2015, the judiciary (with the exception of the Supreme Court, the Supreme Economic Court and the Constitutional Court) comprised 377 judges, of whom 7 were Uzbeks and 1 was Kyrgyz. Of the 63 women judges, 10 were presidents and 9 were vice-presidents of courts.
Paragraph 13 of the concluding observations
33.The Ministry of Labour, Migration and Employment, the Ministry of Health and Social Protection, the Commissioner for Human Rights and the Government Committee for Television and Radio Broadcasting studied the advisability of adopting a strategy to improve the situation of the Roma (Gypsies or Lyuli), protect them from discrimination and stigmatization and promote their rights to education, employment, housing and health care. It turned out that there was no need to adopt such a strategy. The State Research Institute for Labour, Migration and Employment looked into the need for working out and adopting the above-mentioned strategy in cooperation with the Academy of Sciences and presented their research findings. They indicate that there is no need to draw up and adopt a strategy to improve the situation of the Roma, protect them from discrimination and stigmatization and promote their rights to education, employment, housing and health care, since discrimination on the grounds of ethnicity or faith is prohibited in Tajikistan, and the members of every ethnic group and race, irrespective of their nationality, have the same rights under the law as nationals of Tajikistan.
34. As for mounting awareness-raising campaigns to promote tolerance, mutual understanding and solidarity within the population towards the Roma community, the Government Committee for Television and Radio Broadcasting, with the help of television and radio stations, devises and broadcasts radio and television programmes. Among the programmes devoted to this question are:
Didgokh, concerning racial discrimination in the context of global trafficking in persons, the factors behind and reasons for adopting laws to combat human trafficking and a statistical analysis by the Ministry of the Internal Affairs of returning citizens who have been subject to discrimination and trafficking outside the country
Sukhbat dar mavzui mukhim (A Talk on an Important Topic) on Radio Tajikistan, concerning the elimination of racial discrimination and consideration of the issues raised in the concluding observations of the Committee on the Elimination of Racial Discrimination
Chomeai shakhrvandi (Civil Society), Konun va chomea (Society and Law), Mekhvari andesha (The Key Points) and Sadon chavonon (The Voice of Youth), concerning protection for the rights of Roma and their entitlement to study, receive medical care, work and lead a sedentary way of life (housing)
Tafsir (Commentary) and Tochikiston va chakhon (Tajikistan and the World), where legal experts and lawyers have expressed their views on the observance of human rights, including the rights of Roma to education, employment, housing and medical care
35.The Commissioner for Human Rights also took part in a discussion regarding the protection of the rights of Roma and their drive for education, medical care, employment and housing on the programme Chomeai shakhrvandi.
Paragraph 14 of the concluding observations
36.Government decision No. 325 of 26 July 2000, concerning the list of population centres in Tajikistan where asylum seekers and refugees may not reside temporarily, was adopted in order to safeguard security and social order in population centres and maintain the secrecy of strategic sites, in accordance with article 5 of the Refugee Act and article 19 of the Act on the Legal Status of Foreign Nationals in Tajikistan. Refugees are not allowed to live in some towns and districts owing to the risk of terrorist and extremist crimes, the global spread of infectious diseases and other threats in the world today. The repeal of laws and regulations providing for such restrictions is therefore deemed inadvisable. In order to improve work with asylum seekers and refugees and comply with the international legal instruments to which Tajikistan has acceded, on 2 August 2004, the Government adopted a decision which struck the following towns and districts off the list of population centres designated in decision No. 325: Kofarnihon (now Vahdat), Faizobod, Darband (now Nurobod), Tojikobod, Tavildara, Gharm (now Rasht) and Yovon.
37.In Tajikistan, the principle of the non-refoulement of refugees is established as a safeguard for compliance with the provisions of the Convention relating to the Status of Refugees. The Office of the United Nations High Commissioner for Refugees (UNHCR) has assisted with the return of some refugees to their home country. Others have been sent to other countries, including Canada. Measures are being taken to provide long-term protection for those remaining in Tajikistan.
38.Refugees are guaranteed access to medical assistance, job placement, gainful employment and entrepreneurial activity and the enjoyment of other rights, including that to receive primary and secondary education. Local authorities do everything possible to place refugees in localities with an adequate infrastructure. In order to fulfil its international obligations, Tajikistan is currently building a temporary accommodation centre for asylum seekers. A working group at the Ministry of the Internal Affairs has drafted a national plan for dealing with the mass influx of refugees into the territory of Tajikistan. Under article 32 of the Public Health Act, foreign nationals, stateless persons and refugees in Tajikistan have rights and duties in respect of health care, as specified in laws and other regulations. All national medical facilities accordingly provide them with medical services in the prescribed manner. At the same time, in accordance with the procedure for the provision of medical and health-care services by State health-care facilities, approved by joint order of the Ministry of Health and Social Protection and the Ministry of Finance, No. 938-135, of 5 November 2015, refugees and asylum seekers with disabilities who are lawfully present in Tajikistan are among the persons who are entitled to receive free health services in accordance with their social condition.
39.Asylum seekers who are deemed to be refugees also include minors, who are certified as refugees once they reach the age of 18. Refugees and refugee children alike have the right to receive primary and secondary education, medical assistance, financial and other forms of support. Child refugees attend schools in their place of residence. They further have the possibility of receiving specialist secondary and tertiary education. Children born in Tajikistan are issued with a birth certificate. Special attention is paid to protecting the rights of unaccompanied minors and children who have been separated from their family. The following fundamental principles are respected: non-refoulement; securing the best interests of the child when seeking short- and long-term solutions; non-discrimination; and others.
40.Tajikistan is contemplating ratification of the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. The social, economic and other consequences of acceding to these instruments are currently being analysed.
41.According to official statistics, 603 stateless persons are currently registered as having been granted permanent residence in Tajikistan.
42.The Government has set up an interdepartmental working group, which has drawn up draft laws and regulations on amnesty for persons who are unlawfully present in Tajikistan and the subsequent regularization of their legal status. These bills are currently under negotiation.
43.The Constitutional Act on Citizenship was adopted on 8 August 2015. The UNHCR branch office in Tajikistan participated actively in drafting this Act.
44.The Act amending the Refugee Act, of 26 July 2014, which was adopted in order to bring the laws of Tajikistan into line with generally recognized human rights standards, harmonized a number of provisions with the international standards laid down in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto.
Paragraph 15 of the concluding observations
45. The Comprehensive Programme to Combat Trafficking in Persons for the period 2014-2016 was adopted in order to strengthen measures to that end. The legislative framework in this sphere is being updated.
46. The Trafficking in Persons and Assistance to Victims Act, adopted on 14 June 2014, lays the organizational and legal foundations for combating trafficking in persons and establishes a range of measures to protect, assist and rehabilitate victims of trafficking.
47.The Comprehensive Programme to Combat Trafficking in Persons for the period 2011-2013, approved by a government decision of 3 March 2011, has been successfully implemented. A supplementary plan of action to step up the fight against human trafficking in currently being carried out.
48.In the period 2013-2015, the legislature of Tajikistan introduced amendments to existing criminal law provisions in order to strengthen the role and expand the powers of the law enforcement agencies in combating trafficking in persons, in particular:
Article 1302 (Use of slave labour) of the Criminal Code on 14 March 2014
Article 2411 (Production and circulation of pornographic material or items depicting minors) of the Criminal Code on 14 March 2014
Article 2412 (Involvement of minors in the production of pornographic material or items) of the Criminal Code on 14 March 2014
49. The Agreement on Cooperation among Ministries of Internal Affairs (Police) of States Members of the Commonwealth of Independent States in Combating Trafficking in Persons has been ratified. The Programme of Cooperation among States Members of the Commonwealth of Independent States in Combating Trafficking in Persons for the period 2014-2018 has also been signed.
50.Pursuant to the memorandum of understanding between the Government of Tajikistan and the International Organization for Migration (IOM), victims are referred to crisis centres with a view to facilitating their return. The Ministry of Internal Affairs identified 16 trafficking victims and, with the assistance of the IOM support centre for children and victims of trafficking in Tajikistan, 6 of them were brought back from Dubai, United Arab Emirates, and then referred for treatment for their recovery and rehabilitation to IOM.
51.The special features of trying criminal cases related to trafficking in persons form part of the programme of the Judicial Studies Centre of the Council of Justice. In accordance with its plan of work, the Centre, with the support of UNHCR, held workshops on international fair trial standards, the incorporation of international law on combating torture into the legislation of Tajikistan, the incorporation of international law on combating trafficking in persons into the legislation of Tajikistan and procedures for awarding material and moral damages. In line with the joint plan of the Council of Justice, the Supreme Court and the Supreme Economic Court, judges’ workshops were held to discuss the International Covenant on Civil and Political Rights and experience in applying its provisions in judicial practice, to study the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, to analyse experience in applying the Criminal Code when trying criminal cases related to torture and to study the Prevention of Domestic Violence Act.
52.The Office of the Procurator-General, acting in cooperation with the Ministry of Internal Affairs, the Committee for Television and Radio Broadcasting and the Government Committee for Youth Affairs, Sport and Tourism, regularly mounts awareness-raising campaigns through the mass media in order to enhance the population’s legal literacy when it comes to combating trafficking in persons.
53.Thanks to a series of measures which have been adopted to counter trafficking in persons, such crime is on the decline.
54.In the first half of 2015, the law enforcement agencies initiated and investigated 13 criminal cases involving 22 persons (compared with 17 criminal cases involving 31 persons in the first half of 2014) in connection with crimes under the Criminal Code related to human trafficking, including 1 criminal case involving 2 persons (compared with 11 criminal cases involving 12 persons in the first half of 2014) under article 1301 (Trafficking in persons), 8 criminal cases involving 10 persons (compared with 3 criminal cases involving 5 persons in the first half of 2014) under article 132 (Recruitment of persons for the purpose of exploitation), and 4 criminal cases involving 10 persons (compared with 4 criminal cases involving 11 persons in the first half of 2014) under article 167 (Trafficking in minors).
55.All 9 criminal cases involving 12 persons in connection with trafficking and recruiting persons for the purpose of sexual or other exploitation which were initiated in the first half of 2015 were committed abroad by citizens of Tajikistan with the complicity of citizens of the United Arab Emirates, Turkey and the Russian Federation.
Statistics on crimes related to trafficking in persons during the period 2010 to 2015
|
No. |
Relevant article of the Criminal Code |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 (third quarter) |
|
1. |
Article 130 1 (Trafficking in persons) |
6 |
6 |
3 |
7 |
25 |
13 |
|
3. |
Article 132 (Recruitment of persons for the purpose of exploitation) |
14 |
2 |
7 |
29 |
14 |
10 |
|
2. |
Article 167 (Trafficking in minors) |
16 |
24 |
17 |
10 |
9 |
9 |
Paragraph 16 of the concluding observations
56.The Constitution covers all the matters for which provision is made in article 5 of the Convention, including equality before the law and tribunals (art. 17), the right to security of person (arts. 18, 19, 20 and 21), political rights (art. 27), the right to freedom of movement and residence (arts. 22 and 24), the right to freedom of conscience (art. 26), the right to inherit (art. 32), the right to marry (art. 33), social rights (arts. 35, 36, 37 and 38) and cultural rights (arts. 40 and 41). These standards are specified in specific laws and regulations. The law establishes equal rights and freedoms irrespective of ethnicity, race, gender, language, faith, political opinions, education, social status or assets.
57.The standards set forth in the Family Code are designed to protect the rights of nationals of Tajikistan who marry foreigners.
Paragraph 17 of the concluding observations
58. The Commissioner for Human Rights employs 21 civil servants and 15 support staff in order to carry out his activities and fulfil his mandate. At the regional level, 11 advisory centres have been opened and are being run by 18 members of staff.
59.On 28 March 2012, the Office of the Commissioner for Human Rights was awarded B status by the Subcommittee on Accreditation of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights. In 2015, in pursuance of the Subcommittee’s recommendations on bringing the structure and powers of the Office into line with the Paris Principles, the parliament adopted a bill amending the Act on the Commissioner for Human Rights.
60.The Commissioner for Human Rights provides assistance in the promotion and monitoring of rights in accordance with the International Convention on the Elimination of All Forms of Racial Discrimination. The Deputy Director of the State Protection of Civil and Political Rights Section of the Office of the Commissioner for Human Rights is responsible for helping to protect the rights of persons belonging to ethnic minorities. Work in this sphere cuts across all spheres of activity, in particular: receiving and considering citizens’ petitions; reviewing legislation and its implementation in practice; ensuring observance of human rights; studying recommendations of international human rights bodies and providing support for their implementation; enhancing citizens’ awareness of human rights and freedoms; promoting cooperation between government bodies and voluntary associations in protecting human rights and freedoms; and taking stock of progress made and presenting recommendations.
61.The Office of the Ombudsman for Children’s Rights has been set up in accordance with amendments introduced to the relevant legislation. One of the priorities of the Office is the implementation of international and domestic laws on the protection of the rights of the child and the prohibition of racial discrimination.
Paragraph 18 of the concluding observations
62.There are currently 3,836 schools providing general education in Tajikistan, including 224 in which the language of instruction is Uzbek, 22 in which it is Tajik, Russian and Uzbek, 620 in which it is Tajik and Uzbek, 1 in which it is Tajik, Uzbek and Turkmen, 1 in which it is Uzbek and Kyrgyz and 1 in which it is Uzbek and Russian. In addition, in 26 educational establishments, the language of instruction is Russian, in 22 it is Tajik and Kyrgyz, in 5 it is Tajik and Turkmen, in 36 it is Kyrgyz, in 1 it is Tajik, Russian and Kyrgyz, in 1 it is Tajik, Russian and English, in 1 it is Tajik, Uzbek and Kyrgyz, in 1 it is Russian and Kyrgyz, in 1 it is Turkmen, and in 2 it is English.
63.In 2010, the Government and voluntary institutions of the Russian Federation made available and distributed free of charge a total of 25,572 copies of 269 textbooks and teachers’ manuals to schools in Tajikistan providing general education with Russian as a language of instruction. In 2010 the following textbooks and teachers’ manuals were published and distributed: 10,000 copies of the textbook Human Rights for the tenth and eleventh grades; 2,500 copies of Human Rights for the eleventh grade; and 15,000 copies of History of the Tajik People. In the same year, the Ministry of Education and Science recommended the publication of the textbooks Russian Language and Literature for the fifth, tenth and eleventh grades, which were published and distributed to general education schools.
64.In 2014, the Ministry of Education and Science recommended the publication of 40,810 copies (5,830 in each case) of the two-volume textbook Literature for the sixth, seventh, eighth and ninth grades.
65.The Ministry of Education and Science published and distributed the textbook Zaboni davlati (The State Language) for the second to eleventh grades of general education schools where the language of instruction is Uzbek and Russian. There are plans to reissue the above-mentioned textbooks for general education schools where the language of instruction is Kyrgyz and Turkmen.
66.The Institute of Further Training and Retraining of Educational Personnel has devised and carried out a programme to train teachers working in schools with pupils from ethnic minorities. The Ministry of Education and Science has edited and recommended the use of the model programme for instruction in the official language in further training courses and courses in the official language.
67.Special workshops are regularly held on the question of the official language and the languages of ethnic minorities. In 2016, there are plans to hold further training courses for teachers working in general education schools where the language of instruction is that of ethnic minorities.
68.In 2015, 80 further training courses were organized for 1,915 teachers in the official language and Uzbek language and literature and in the study of the official language for ethnic minorities, and 35 further training courses were held for 772 specialists in the Russian language. With the cooperation of municipal and district education departments, further training in the official language and professional development courses were offered to teachers and persons working in educational institutions where the language of instruction is Uzbek, in Tursunzoda and in the districts of Rudaki, Bobojon Ghafurov, Asht, Spitamen, Khuroson, Nosiri Khusrav, Qabodiyon and Shahrtuz, educational institutions where the language of instruction is Kyrgyz, in the Jirgatol, Isfara and Murghob districts, educational institutions where the language of instruction is Turkmen, in the Jirgatol district, educational institutions where the language of instruction is Russian, in Dushanbe and Khujand and in other towns and districts.
Paragraph 19 of the concluding observations
69.Representatives of civil society are involved in the process of preparing national reports and carrying out the recommendations of treaty bodies and organs of the United Nations. Wide discussions are held with these representatives prior to the reports’ submission and their opinion is taken into account when formulating national plans of action to implement the recommendations of these bodies.
70.Representatives of civil society are involved in the work of interdepartmental working groups on the implementation of specific recommendations. They are also informed about progress in implementing the recommendations and the results achieved.
71.In addition, representatives of civil society may attend, in an advisory capacity, the meetings of the Government Commission on International Human Rights Obligations.
72.The authorities and non-governmental organizations collaborate on joint projects and awareness-raising events and campaigns.
73.Representatives of civil society actively participated in drafting the plan of action to implement the Committee’s concluding observations on the combined sixth to eighth periodic reports of Tajikistan, and all their proposals for carrying out the plan were taken into account. Non-governmental organizations likewise participate actively in monitoring the implementation of this plan. Every six months, ministries and departments report on the implementation of the national plan, in the light of which the Executive Office of the President analyses the work that has been done. These reports are then circulated, including to non-governmental organizations.
74.As part of action to comply with the recommendations put forward under the universal periodic review process, six rounds of national consultations with representatives of civil society were held in April and May 2015. One of the questions discussed was the implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Paragraph 20 of the concluding observations
75.The question of the advisability of giving effect to the Durban Declaration and Programme of Action adopted in September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance is being examined by the relevant ministries and departments of the country.
Paragraph 21 of the concluding observations
76.The question as to whether to accept the amendments to article 8, paragraph 6, of the Convention and the financial implications of doing so are being studied.
Paragraph 22 of the concluding observations
77.National reports on progress in implementing the human rights conventions which have been ratified by Tajikistan are regularly published in the mass media and on the official website of the Commissioner for Human Rights. The official website of the Ministry of Internal Affairs has a link in the “Questions related to human rights” section to the requisite section of the website of the Commissioner for Human Rights. The Office of the United Nations High Commissioner for Human Rights assisted in the setting up of the website of the Government Commission on International Human Rights Obligations, which contains all the recommendations of United Nations treaty bodies and their status of implementation.
78.At the initiative of the Commissioner for Human Rights, the recommendations of the Committee on the Elimination of Racial Discrimination have been translated into Tajik and published and are disseminated to the public at meetings and events.