33/11 Report of the Working Group on the Universal Periodic Review - Tajikistan
Document Type: Final Report
Date: 2016 Jul
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item6: Universal Periodic Review
GE.16-12086(E)
Human Rights Council Thirty-third session
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Tajikistan
*
The annex is being circulated in the language of submission only.
Contents
Page
Introduction ...................................................................................................................................... 3
I. Summary of the proceedings of the review process ......................................................................... 3
A. Presentation by the State under review .................................................................................... 3
B. Interactive dialogue and responses by the State under review ................................................. 5
II. Conclusions and/or recommendations .............................................................................................. 14
Annex
Composition of the delegation ......................................................................................................... 27
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-fifth session from 2 to 13 May
2016. The review of Tajikistan was held at the 9th meeting on 6 May 2016. The delegation
of Tajikistan was headed by the Minister of Justice of Tajikistan, Rustam Shohmurod. At
its 17th meeting, held on 11 May 2016, the Working Group adopted the report on
Tajikistan.
2. On 12 January 2016, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Tajikistan: Algeria, Germany and Saudi
Arabia.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Tajikistan:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/25/TJK/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/25/TJK/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/25/TJK/3).
4. A list of questions prepared in advance by Belgium, Chile, the Czech Republic,
Germany, Liechtenstein, Mexico, Norway, Slovenia, Spain, Sweden, Switzerland, the
United Kingdom of Great Britain and Northern Ireland and the United States of America
was transmitted to Tajikistan through the troika. These questions are available on the
extranet of the universal periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. Tajikistan considered the universal periodic review to be an important mechanism
for international oversight over Member States’ fulfilment of their international human
rights obligations and for assessing positive developments and challenges in a given
country. Since gaining its independence, Tajikistan had been committed to building a
democratic society based on human rights values. That commitment was reflected in the
second chapter of the Constitution, which guaranteed human rights and fundamental
freedoms in line with the core international human rights instruments.
6. During the reporting period, Tajikistan had submitted periodic reports to six treaty
bodies and had received visits from the Special Rapporteur on disability of the Commission
for Social Development, the Special Rapporteur on the right of everyone to the enjoyment
of the highest attainable standard of physical and mental health, the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment and the Special
Rapporteur on the human right to safe drinking water and sanitation. The Government had
thoroughly reviewed all the recommendations issued by those human rights mechanisms, in
close cooperation with representatives of civil society. Various national action plans had
been developed for their implementation.
7. The main priorities of the Government in the area of economic and social
development remained ensuring social and political stability, economic prosperity and the
social well-being of the people. The poverty reduction strategy for 2010-2013 and the
strategy to improve the well-being of the population for 2013-2015 had been implemented
within the framework of the national development strategy for the period up to 2015.
Subsequently, a decline in the poverty rate had been observed. The drafting of a new
national development strategy, covering the period up to 2030, had begun.
8. The United Nations Development Assistance Framework for the period 2016-2020
had been approved by the Government and the United Nations, in order to help Tajikistan
face its development challenges. The Framework covered the following main areas:
democratic governance, the rule of law and human rights, sustainable and equitable
economic development, social development, inclusion and empowerment and resilience and
environmental sustainability.
9. The 2013-2015 national plan to implement the recommendations made by United
Nations Member States in connection with the first review of Tajikistan had been approved
pursuant to a presidential decision adopted in April 2013. The national plan had been
developed in cooperation with civil society and international organizations. Several
measures to bring legislation and practice into conformity with the State’s international
human rights commitments had been taken in the framework of the plan.
10. Tajikistan had been implementing a policy of zero tolerance with respect to torture.
The definition of torture in the Criminal Code had been brought into line with article 1 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. Several other legal and policy measures had been taken to implement the
recommendations from the first review to combat torture. The law on the suspension of the
death penalty had come into force and a moratorium on the death penalty had been
imposed. Amendments to the Criminal Code had introduced a maximum limit of 20 years
for prison sentences. The transition to the abolition of the death penalty would take place
gradually and would involve addressing issues of an administrative, financial and legal
nature.
11. The Constitution guaranteed the independence of the judiciary. The 2015-2017
judicial reform programme, which constituted the third stage of reforms, aimed to
strengthen the judiciary and increase the role of courts in protecting human rights and
freedoms and the interest of the State and in ensuring the rule of law and access to justice.
As part of the judicial reform process, an adversarial system had been introduced.
12. Tajikistan had adopted a new law on advocacy and the Bar, which regulated the
mandate, rights and responsibilities of lawyers, the issuance of licences to practice law, the
entry to the legal profession and disbarment. The law established a qualification
commission under the auspices of the Ministry of Justice, consisting of nine members from
various bodies, including the Bar. The Government had adopted a concept document on
legal aid in close cooperation with the United Nations Development Programme. A new
law on legal aid was to be adopted on the basis of the outcome of the project to pilot the
new legal aid model.
13. Amendments to the law on the Commissioner for Human Rights had been adopted
in March 2016 to ensure the independence and improve the effectiveness of the work of the
Commissioner. The new amendments provided for the involvement of the Commissioner in
the process of ratifying new human rights treaties. In addition to visiting penitentiary
institutions, the Commissioner had been granted a broad mandate to visit all places where
people were deprived of their liberty. Moreover, the amendments to the law had introduced
a new section on the establishment of an ombudsman on the rights of the child.
14. The Constitution guaranteed the freedom of expression and of the mass media and
prohibited State censorship. In 2012, the articles on defamation and insult had been
removed from the Criminal Code, and liability had been established for those acts under the
Civil Code. The 2013 law on mass media simplified the procedure for registering media
outlets. The delegation reported on the number of private and public print and electronic
media and radio stations operating in the country. The law provided for certain restrictions
on the freedom of the press, which were in conformity with international human rights
standards.
15. The law on the prevention of domestic violence had been adopted in 2013. It
envisaged the provision of assistance to victims of domestic violence. There were 18 crisis
centres operating the county. The post of inspector to combat domestic violence had been
created within the Ministry of Internal Affairs. The Government had also adopted a
domestic violence prevention programme for 2014-2023. In 2014, Tajikistan had ratified
the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women.
16. The 2010-2015 national action plan for juvenile justice reform had been
implemented, and new plan was being developed for 2017-2021. A juvenile justice
department had been established within the Ministry of Justice in order to implement
recommendations from the first universal periodic review to protect the rights and interests
of juveniles.
17. The Constitution guaranteed everyone the right to freely choose and manifest his or
her religion or belief. Over four thousand religious organizations existed in Tajikistan. The
Constitution gave every citizen the right to freedom of association. Over two thousand
public associations were registered. The law on public associations had been amended to
ensure transparency in the financing of public associations. The amended law required
public associations to report on funding received from foreign sources. The reporting had a
declaratory nature and did not entail any restrictions on funding from foreign sources.
18. The delegation reported on measures taken to combat trafficking in persons and
corruption. A comprehensive programme to combat trafficking in persons for 2014-2016
had been implemented. The act on combating trafficking in persons and providing
assistance to victims had been adopted in 2014. An anti-corruption law and strategy had
been adopted and an anti-corruption advisory council had been established.
19. Tajikistan was committed to guaranteeing international and regional security,
including by combating terrorism, extremism, illicit traffic in narcotics and organized and
economic crime. In that respect, Tajikistan had acceded to several international and
regional instruments and adopted a number of laws. In September 2015, Tajikistan had
witnessed an act of terrorism and extremism that had been orchestrated by the former
deputy Minister of Defence, with the financial support of the Islamic Renaissance Party of
Tajikistan, and that had claimed dozens of lives. The Supreme Court had declared that party
to be a terrorist and extremist organization and had suspended its activity. The suspension
had been carried out in accordance with international instruments on combating terrorism
and extremism.
B. Interactive dialogue and responses by the State under review
20. During the interactive dialogue, 71 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
21. India encouraged Tajikistan to consider issuing a standing invitation to special
procedure mandate holders, to combat stereotypes relating to the role of women, to reduce
the gender pay gap and to address the issue of domestic violence. It enquired about the
reform of the committee for women and family affairs.
22. Indonesia praised the development of various national action plans to implement the
recommendations of the United Nations human rights mechanisms. It noted the adoption of
the act on combating trafficking in persons and providing assistance to victims and the
national inclusive education policy for children with special needs.
23. The Islamic Republic of Iran noted with satisfaction the steps taken by Tajikistan to
establish an office on the rights of children and to transform the office on human rights
guarantees into a department under the auspices of the Executive Office of the President.
24. Iraq commended Tajikistan on the measures taken to protect women and children
from violence and its efforts to implement a development programme.
25. Italy commended the measures taken by Tajikistan to prevent the use of torture. It
welcomed the implementation of awareness-raising campaigns on the abolition of the death
penalty and the adoption of a law and a programme on preventing domestic violence.
26. Japan commended Tajikistan for accepting visits by several special rapporteurs.
Japan was concerned about restrictions imposed on access to websites and social networks.
It was also concerned at reports that insufficient measures had been taken to promote the
rights of persons with disabilities.
27. Kazakhstan noted the active engagement of Tajikistan with the United Nations
human rights mechanisms. It noted with appreciation the adoption of a number of laws that
aimed to bring the national legislation into line with international human rights standards.
28. Kuwait noted that the Government had adopted various human rights action plans,
implemented legislative and judicial reforms and taken steps to prevent human trafficking.
Kuwait noted with appreciation the efforts of Tajikistan to promote the rights of the child
and commended the improvements made to the penitentiary system.
29. Kyrgyzstan noted with appreciation the efforts of Tajikistan to strengthen the legal
and institutional framework for the protection of human rights, expand the mandate of the
Commissioner for Human Rights and continue its active cooperation with the United
Nations human rights mechanisms.
30. The Lao People’s Democratic Republic noted with appreciation the ratification of
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. It welcomed efforts to implement the recommendations from the universal
periodic review and the treaty bodies.
31. Latvia noted the concerns expressed by various treaty bodies regarding the limited
representation of women in decision-making positions. It also noted the concerns expressed
by the Human Rights Committee about undue restrictions on freedom of expression and
inquired about measures taken by Tajikistan to address those concerns.
32. Lithuania commended Tajikistan for its cooperation with OHCHR. It welcomed the
moratorium on the death penalty and the adoption of a law on domestic violence and its
related programme for 2014-2023.
33. Malaysia noted the steps taken to improve the independence of the justice system
through judicial reform, to combat trafficking in persons and to provide human rights
education and training for the public and for State officials.
34. Maldives welcomed the establishment of an office on the rights of the child within
the Executive Office of the President and the adoption of the human rights education
programme and the inclusive education policy. It urged Tajikistan to guarantee an adequate
standard of living and address the needs of the poor and the marginalized.
35. Mexico noted with appreciation the cooperation of Tajikistan with the special
procedure mandate holders and the adoption of various national action plans to implement
the State’s human rights obligations.
36. Morocco praised the ratification of the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women. It acknowledged the measures
taken to protect migrant workers, to strengthen the judiciary and to combat trafficking in
persons.
37. Nepal noted the moratorium on the application of the death penalty and the
initiatives aimed at its complete abolition. Nepal referred to the intention of Tajikistan to
ratify the Convention on the Rights of Persons with Disabilities and the Second Optional
Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition
of the death penalty. It noted the measures taken to empower women, promote gender
equality and combat domestic violence.
38. The Netherlands was concerned that the freedom of the press was being undermined
and that critical sources of information were inaccessible to citizens. While welcoming the
withdrawal of mandatory HIV testing for foreigners, it noted that HIV prevalence had
increased and that the stigmatization of and discrimination against sufferers remained major
obstacles to an effective HIV/AIDS response.
39. The Niger praised the ratification of various international human rights treaties and
the State’s successful cooperation with international human rights mechanisms. It
commended the various national action plans adopted to implement the recommendations
of the treaty bodies.
40. Norway noted with concern the crackdown on opposition parties and groups and the
situation relating to women’s rights, domestic violence and detainees. It noted that arrests
of and allegations against lawyers indicated shortcomings within the judiciary.
41. Pakistan welcomed the measures taken by Tajikistan to incorporate international
instruments into domestic law, particularly the Convention on the Elimination of All Forms
of Discrimination against Women. It noted the efforts of Tajikistan to combat human
trafficking and illicit traffic in narcotic drugs, to empower women, to protect the rights of
children and persons with disabilities, to eradicate poverty and to maintain religious
harmony.
42. Paraguay noted the adoption of a law and a programme on combating domestic
violence. It asked about the measures taken by Tajikistan to promote the participation of
women in public and political life.
43. The Philippines welcomed the 2013-2015 national plan to implement the
recommendations of the first review. It appreciated the efforts of Tajikistan to involve inter-
agency groups and civil society in preparing national plans to promote the rights of migrant
workers, prevent torture and eliminate racial discrimination. The Philippines urged
Tajikistan to continue to address the issue of access to quality health and educational
services for all.
44. Poland commended Tajikistan for ratifying the Optional Protocol to the Convention
on the Elimination of All Forms of Discrimination against Women. It remained concerned
about the deteriorating situation with regard to human rights and respect for fundamental
freedoms.
45. Portugal welcomed the State’s ratification of the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against Women. Portugal
also welcomed the moratorium on the death penalty introduced in 2004 and the
establishment of a national human rights institution.
46. The Republic of Korea noted the progress made by the State, since its review, in
areas such as preventing torture and domestic violence, combating human trafficking,
eradicating child labour and reducing poverty.
47. The Russian Federation noted with appreciation visits to the country by the Special
Rapporteur on the right to health, the Special Rapporteur on the rights of persons with
disabilities, the Special Rapporteur on the human right to safe drinking water and sanitation
and the Special Rapporteur on torture, as well as the submission of periodic reports to
several treaty bodies. It welcomed the implementation of various programmes aimed at
strengthening the democratization processes and protecting the rights and freedoms of
citizens.
48. Senegal praised the efforts made by Tajikistan to implement the recommendations
from its first review. It referred to the development of various national action plans and the
cooperation of the Government with the special procedure mandate holders as positive
steps towards strengthening the human rights system.
49. Sierra Leone commended the adoption of programmes and laws in the area of
human rights and the moratorium on the death penalty. It urged Tajikistan to promote
measures to combat deep-rooted stereotypes and gender segregation and to enforce the
legal minimum age of marriage by ending the practice of underage religious marriages
without civil marriage certificates.
50. Singapore welcomed the efforts of Tajikistan to provide equal opportunities to
women and to promote tolerance by promoting inter-faith dialogue.
51. Slovakia stated that, despite the efforts of Tajikistan, the problems of torture and
enforced disappearance persisted. Noting certain restrictions on the media, it encouraged
the Government to respect the freedom of information and expression, including on the
Internet.
52. Slovenia commended Tajikistan for the progress achieved since its review, including
in fostering good governance and reducing poverty. It noted the State’s cooperation with
the United Nations human rights mechanisms. Slovenia expressed concern about cases of
child marriage, widespread homophobia and discriminatory practices against lesbian, gay,
bisexual, transgender and intersex persons.
53. Spain welcomed the adoption of the law on combating domestic violence and the
moratorium on the death penalty.
54. The State of Palestine noted the various positive measures taken since the first
review, including the adoption of a national action plan to implement the recommendations
of the Committee on the Elimination of Discrimination against Women. It also noted the
adoption of various national plans and strategies on human rights.
55. Sweden stated that domestic violence was not included as a crime under the
Criminal Code. Noting the State’s acceptance of the recommendations from its first review
to prohibit the corporal punishment of children, Sweden stated that more could be done to
ensure the effective enforcement of that prohibition. The use of torture reportedly remained
widespread within the criminal justice system.
56. Switzerland noted that some of the recommendations accepted by Tajikistan from
the first review had yet to be implemented. While acknowledging efforts to prevent torture,
it noted that the use of torture remained widespread. It commended the adoption of the act
on the prevention of domestic violence and its related programme.
57. Togo noted that an office on the rights of the child had been established within the
Executive Office of the President and that Tajikistan had developed eight action plans on
human rights and 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.
58. Turkey welcomed the reform of the judiciary, which aimed to enhance the role of
the courts in defending human rights, and the adoption of new laws on procedures and
conditions of arrest and detention and on the rights of detainees. Turkey commended the
adoption of various national actions plans However, it stressed that such plans would only
succeed if they were implemented in an appropriate and timely manner.
59. Turkmenistan noted with appreciation that Tajikistan had taken a number of
measures to further develop its legislative and institutional framework to promote and
protect human rights.
60. Ukraine acknowledged the adoption, following broad consultations with civil
society, of several national actions plans on human rights. It commended the launch of the
website on the human rights situation in Tajikistan, initiated with the support of OHCHR.
61. The United Arab Emirates welcomed the adoption of: national action plans to follow
up on recommendations made by human rights mechanisms; measures to improve prison
conditions; a programme to combat trafficking in persons; and the act on the prevention of
domestic violence and its related programme.
62. The United Kingdom encouraged Tajikistan to take action on key recommendations
made by the Special Rapporteur on the promotion and protection of the right to freedom of
opinion and expression and to ensure that the national development strategy included steps
to promote the rights of citizens. It was concerned about restrictions on civil society
organizations and on their funding, and called on Tajikistan to ensure that all legislation
complied with international human rights standards.
63. The United States of America was concerned about: new legislation restricting the
space for civil society; the increase in the number of politically motivated detentions and
incarcerations of human rights defenders and opposition figures in the name of national
security; and efforts to silence independent media.
64. Uruguay note with satisfaction the ratification of 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. It encouraged
Tajikistan to continue to cooperate with civil society on implementing the
recommendations of the United Nations human rights mechanisms.
65. The Bolivarian Republic of Venezuela noted the progress made by Tajikistan since
its first review, including in reducing poverty, through the implementation of its national
development strategies, and in promoting access to primary education.
66. Algeria welcomed the State’s cooperation with the United Nations human rights
mechanisms; its consultations with civil society on the implementation of
recommendations; and the measures taken to combat torture and trafficking in human
beings, to prevent domestic violence and to tackle child labour.
67. The delegation of Tajikistan stated that the President of Tajikistan had sent a clear
message on zero tolerance of torture. Legal measures had been taken to apply heavier
penalties for the use of torture and to ensure that detainees were informed of their rights at
the start of the deprivation of their liberty and had immediate access to a lawyer of their
choice. A monitoring group, comprising representatives of State bodies and non-
governmental organizations had been established to prevent cases of torture. In 2014 and
2015, the group had monitored 19 places of deprivation or restriction of liberty and several
military units. The office of the Public Prosecutor had been carrying out regular inspections
of prisons. The above-mentioned measures had resulted in a reduction in complaints
regarding the use of torture.
68. Tajikistan had taken measures to strengthen its legislative and institutional
framework to combat terrorism. The Government was engaged in the Organization for
Security and Cooperation in Europe programme on combating extremism and terrorism.
Within the framework of that programme, the Government had developed a draft national
strategy for the period 2016-2020, to prevent violent extremism and terrorism. The
delegation emphasized that measures to tackle extremism and terrorism would be
implemented in strict compliance with international human rights law.
69. Tajikistan had paid special attention to the promotion of the role of women in
society and the prevention of domestic violence. The Government had implemented
programmes that used mass media and awareness-raising campaigns to overcome
stereotypes and patriarchal attitudes towards the role of women in society. Gender equality
was integrated into development and socioeconomic strategies.
70. Although domestic legislation guaranteed gender equality, including in employment
and education, a gender pay gap persisted. Women had been employed in low-paid jobs in
areas such as education, health care and agriculture. The percentage of male employees had
been greater in areas where wages were generally high. The Government had adopted a
comprehensive programme to provide training and support to women to access well-paid
jobs. Women had received microcredits. The number of microcredit recipients had been
increasing each year. Women were represented in the civil service, local and regional
government bodies and the national parliament.
71. The Government had been implementing programmes to increase the employment
rate. Professional training and support was provided to women and young persons. The
official unemployment rate had decreased over the previous five years. Women and persons
with disabilities enjoyed stronger legal guarantees with regard to employment.
72. The Labour Code prohibited child labour. The Government had adopted a national
programme to eliminate the worst forms of child labour. It had ratified the core United
Nations conventions on migration issues, as well as bilateral agreements on labour
migration. The Government had taken several measures to reintegrate into the labour
market those migrant workers who had returned to Tajikistan.
73. Tajikistan had continued its reforms of the health system, which aimed to improve
primary health care, based on a system of family doctors and the restructuring of hospitals.
The Government had increased the budget funding for the health sector. The number of
qualified medical personnel had increased. The maternal and infant mortality rates had
decreased. The Government had been taking measures to prevent the spread of HIV/AIDS
and had provided antiretroviral therapy. The prevalence of tuberculosis had decreased due
to the efforts of the Government. Tajikistan had achieved polio-free status.
74. The delegation stated that only 58 per cent of the population had access to safe
drinking water. The Government, with the assistance of the German development bank and
the Asian Development Bank, had been investing in the water supply infrastructure to
improve access to safe drinking water.
75. The delegation reported on measures taken to control the use of tobacco, improve
the provision of services to persons with disabilities and provide social assistance to low-
income families. The Government expressed its gratitude to all its partners, including the
World Bank, the German development bank, the Government of Japan, the European
Union, the United Nations Children’s Emergency Fund (UNICEF), the United Nations
Population Fund, the Global Fund to Fight AIDS, Tuberculosis and Malaria and the United
States Agency for International Development for providing financial support for projects in
the field of social protection and health care.
76. Access to education had been a priority ever since Tajikistan had gained its
independence. A number of laws and regulations had been adopted to ensure universal
access to education. A plan of action had been developed to prevent children from
becoming involved in begging and ensure that they returned to school. The Government
provided financial allowances to enable children from orphanages and low-income families
to attend school, in particular to pursue higher education. The school attendance rate
remained high.
77. The Government had implemented a range of measures to increase the attendance of
girls in secondary education. A special quota system had been implemented to ensure
access to higher education for young persons from remote and mountainous areas.
78. The Government had introduced special courses into the school curricula that used,
among other methods, computer technology to raise awareness on sexual and reproductive
health.
79. Tajikistan provided guarantees to ensure that children from ethnic minorities have
access to education in their own languages. A long-term plan had been developed to
provide schools with teaching materials in minority languages. A concept document on
inclusive education had been adopted and the law on education had been revised
accordingly to include the principle of inclusive education.
80. Argentina welcomed the adoption of the programme for human rights education and
encouraged Tajikistan to advance its measures to ensure religious tolerance and combat all
forms of discrimination against members of religious minorities.
81. Armenia noted that the State had started the process of reforming the judiciary and
penitentiaries, increased consultations with the non-governmental sector and provided
training for law enforcement officers on combating torture. It welcomed the State’s
preparations to ratify further instruments.
82. Australia encouraged Tajikistan to enable the Ombudsman, namely the
Commissioner for Human Rights, to operate as an independent institution with the
resources necessary to fulfil his or her mandate in conformity with the principles relating to
the status of national institutions for the promotion and protection of human rights (the
Paris Principles). It commended the adoption of a definition of torture. Australia was
concerned about restrictions on freedom of expression.
83. Austria welcomed improvements in the situation of juveniles in detention and the
State’s efforts to end child labour. It was concerned about the deterioration in the human
rights situation over the previous year, in particular the Government’s actions targeting the
political opposition and the restrictions imposed on media freedom and freedom of
expression.
84. Azerbaijan appreciated the efforts of Tajikistan to develop the legislative framework
in the field of human rights and the strategies adopted in fields such as social protection,
women, youth and health care. It commended the State’s efforts to bring its national human
rights institution into line with the Paris Principles.
85. Belarus noted with appreciation the State’s commitment to developing its national
human rights institutions and ensuring that they operated effectively. It commended
Tajikistan for adopting a comprehensive approach to issues related to sustainable
development and for measures taken to combat trafficking in persons.
86. Belgium commended Tajikistan for welcoming visits by special procedure mandate
holders and expressed the hope that a standing invitation would be extended shortly.
Belgium reminded Tajikistan of the recommendations it had accepted during the first
review to ensure the independence of the body responsible for appointing judges.
87. Canada acknowledged the steps taken to promote gender equality and combat
violence against women. It remained concerned about the decision taken by the Supreme
Court to ban the Islamic Renaissance Party of Tajikistan, which restricted the right to
freedom of expression, association and peaceful assembly.
88. Chad noted the State’s cooperation with the United Nations human rights
mechanisms on implementing their recommendations. It noted the legal and practical steps
taken to improve the protection and promotion of human rights.
89. China noted the achievements of Tajikistan in the field of poverty reduction, inter
alia, and its focus on gender equality. It further noted the 2013 act on the prevention of
domestic violence. It called upon the international community to provide the necessary
technical and financial assistance to support the development of Tajikistan.
90. Colombia highlighted the State’s commitment to advancing the implementation of
the recommendations from the first review, in particular the Government’s strategy to
promote the role of women and the act on the prevention of domestic violence.
91. Costa Rica noted the progress made, including measures to strengthen the role of the
Ombudsman, and to combat torture. It was, however, concerned at reports of the
persistence of torture and ill-treatment, the low level of representation of women in
decision-making positions and the violence used in response to public protests.
92. Cuba highlighted the State’s cooperation with international human rights
mechanisms, its reform of the judiciary and penitentiaries and its adoption of the act on
combating trafficking in persons and providing assistance to victims.
93. The Czech Republic expressed appreciation for the responses provided by Tajikistan
to some of its questions and made recommendations.
94. Denmark expressed its hope that Tajikistan would accede to the Optional Protocol to
the Convention against Torture, despite the fact that it had taken note of recommendations
to ratify it during the first universal periodic review.
95. Egypt highlighted the adoption of the amendment to the law on the Commissioner
for Human Rights, the adoption of national human rights action plans, the implementation
of significant judicial reforms, the expansion of human rights education, the training
provided to law enforcement officials and the enhancement of women’s participation in
public life.
96. France welcomed the delegation of Tajikistan and made recommendations.
97. Georgia noted the efforts of Tajikistan to prevent torture, enhance the role of women
and protect the rights of children. Georgia welcomed the State’s cooperation with the
United Nations human rights mechanisms and encouraged Tajikistan to extend a standing
invitation to the special procedure mandate holders.
98. Germany noted some encouraging developments with regard to the prevention of
torture, but was of the opinion that Tajikistan had not fully implemented the Convention
against Torture. It noted that the Government’s promise to ratify the Second Optional
Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition
of the death penalty had not been fulfilled.
99. Ghana welcomed the State’s efforts to ratify some of the core international human
rights treaties, but was concerned at reports that the use of torture persisted despite the
acceptance by Tajikistan of a recommendation made during the first review to abolish the
practice.
100. Guatemala welcomed the creation of a government body to oversee the
implementation of the State’s human rights obligations and hoped that its functions could
be expanded to include improving and monitoring the implementation of recommendations
made by the treaty bodies.
101. Honduras applauded the moratorium on the death penalty and expressed the hope
that it would serve as a step towards the total abolition of capital punishment. Honduras
also expressed the hope that the office of the Commissioner for Human Rights would
become an independent and effective body.
102. The Sudan welcomed the cooperation of Tajikistan with various human rights
mechanisms. It noted with satisfaction the changes made to improve conditions in the
penitentiary system and efforts to fight human trafficking and promote the rights of women.
103. Brazil commended Tajikistan for the ratification of the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against Women and the
adoption of the 2013 act on the prevention of domestic violence. However, it regretted the
lack of solid mechanisms for their implementation. Brazil encouraged Tajikistan to make
further progress in combating torture.
104. Montenegro highlighted the establishment of a children’s ombudsman and the
efforts made to eliminate forced child labour. It noted the concerns expressed by the
Committee on the Elimination of Discrimination against Women about domestic violence
and enquired about the efforts to provide medical care and protection for victims.
105. The delegation of Tajikistan reported that the code of administrative procedure had
been amended in 2013 to include provisions on the prevention of domestic violence. The
Criminal Code established liability for a number of crimes related to domestic violence. A
network of inspectors operated throughout Tajikistan to prevent domestic violence. Several
crisis and resource centres, as well as temporary shelters, also existed in the country. A
special data collection system had been introduced to collect statistics on cases of domestic
violence.
106. A special department had been established to coordinate the implementation of the
recommendations made by the United Nations human rights bodies. Additionally, focal
points had been appointed in all ministries and State agencies, as well as in local
government bodies, to implement those recommendations.
107. The right to freedom of religion and belief was guaranteed to everyone regardless of
ethnicity, race or language, in accordance with the human rights principles enshrined in the
Constitution and in other domestic legislation. During the previous four years, more than
300 religious groups had been registered. The registration of religious groups was not a
precondition for the recognition of and respect for different beliefs and religions. It was
used mainly to provide them with legal status. A religious group could be banned by a court
decision if the organization violated legal requirements.
108. The delegation explained that some restrictions on women’s freedom of expression
and religion, such as the fatwa against women attending or praying in mosques, were
enforced by religious organizations and that the Government was therefore unable to
interfere.
109. The delegation explained that existing legal restrictions on religious education were
aimed at preventing the recruitment of young persons by religious terrorist organizations.
Legal provisions had been introduced requiring persons planning to study in a religious
educational institution outside of the country to provide the necessary documents to prove
that the institution concerned conformed to international standards. Religious education
must comply with domestic legal provisions prohibiting incitement to hatred.
110. A new law on mass media had been adopted in 2013 to ensure the independence of
the media and to bring legislation into line with international human rights standards. Any
violation of the freedom of the media by State officials was subject to criminal liability.
Every person was guaranteed the right to seek and receive information through the media
on the activities of State officials and bodies. State officials and civil servants were obliged
to respond to requests for information from citizens within three days. The blocking of
websites containing materials promoting extremist and terrorism was carried out in line
with the legal provisions in force. The new amendments to the law on counter-terrorism
permitted the temporary suspension of electronic communication in cases involving
ongoing counter-terrorism operations.
111. The delegation clarified that the new law on advocacy and the Bar did not provide
the Ministry of Justice with any administrative functions with regard to the access of
lawyers to the Bar or any authority to intervene in the work of the Bar.
112. Tax inspections were carried out in public organizations and a large number of tax
evasion cases had been identified. Nevertheless, the delegation commented that those tax
inspections should not been seen as an attempt to restrict the freedom of association.
113. The Government had carried out a feasibility analysis with regard to the ratification
of the Convention on the Rights of Persons with Disabilities, in cooperation with non-
governmental and international organizations. The delegation stated that Tajikistan was
ready to ratify the Convention.
114. In conclusion, the delegation reiterated the commitment of Tajikistan to the
universal periodic review process. The Government would study carefully all the
recommendations and would begin its follow-up of those recommendations, in order to
report on the progress achieved.
II. Conclusions and/or recommendations
115. The recommendations formulated during the interactive dialogue and listed
below have been examined by Tajikistan and enjoy the support of Tajikistan:
115.1 Ratify the Convention on the Rights of Persons with Disabilities
(Togo) (Montenegro) (Uruguay) (Senegal) (Slovenia) (Guatemala) (Sierra
Leone);
115.2 Consider ratifying the Convention on the Rights of Persons with
Disabilities (Philippines);
115.3 Become a State party of the Convention on the Rights of Persons with
Disabilities (Slovakia);
115.4 Finalize and take necessary steps to access the Convention on the
Rights of Persons with Disabilities (Islamic Republic of Iran);
115.5 Consider the accession to the Convention on the Rights of Persons
with Disabilities (Indonesia);
115.6 Proceed towards finalizing the ratification process of the Convention
on the Rights of Persons with Disabilities (Egypt);
** The conclusions and recommendations have not been edited.
115.7 Finalize the study and consideration to become a State party to the
Convention on the Rights of Persons with Disabilities, provide adequate social
protection for persons with grave disabilities, and improve opportunities for
socioeconomic advancement of persons with disabilities (Malaysia);
115.8 Ratify the Convention on the Rights of Persons with Disabilities as
soon as possible (Ghana);
115.9 Sign and ratify the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty (Turkey);
115.10 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death penalty
(Montenegro);
115.11 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights (Slovenia) (Paraguay);
115.12 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death penalty
(Uruguay);
115.13 Continue the work to bringing the national legislation in line with the
international commitments (Kyrgyzstan);
115.14 Continue the on-going process of the exchange of views and
experiences with other countries with respect to the improvement of national
legislation in the field of human rights (Cuba);
115.15 Continue the efforts undertaken to strengthen the role of the national
human rights institutions, in particular the Government Commission for
Human Rights (Morocco);
115.16 Strengthen the national mechanisms to improve the protection of the
rights of children (Kuwait);
115.17 Take all the necessary measures to ensure that the national human
rights institution is in full compliance with the Paris Principles (Portugal);
115.18 Establish an institution for the promotion and protection of human
rights, in conformity with the Paris Principles (Chad);
115.19 Ensure that the Human Rights Ombudsman is an independent
institution and receives the necessary resources to fulfil its mandate in
accordance with the Paris Principles (Uruguay);
115.20 Continue to take steps to ensure that the national human rights
institution is in conformity with the Paris Principles (Egypt);
115.21 Strengthen further the capacity of the Office of the Commissioner on
Human Rights in order to ensure its compliance with the Paris Principles
(Niger);
115.22 Ensure that the Human Rights Ombudsman is an independent
institution which functions in full compliance with the Paris Principles
(Poland);
115.23 Continue reinforcing the mandate of the Commission on
Implementation of international obligations in the field of human rights (State
of Palestine);
115.24 Give continuity to strengthening of national human rights institutions
and mechanisms to further promote and protect human rights in the country
(Nepal);
115.25 Use a national mechanism for social security needs of the most
vulnerable groups (Turkmenistan);
115.26 Strengthen the national capacity to implement the human rights
action plans in accordance with international obligations (Sudan);
115.27 Promote the effective protection of children’s rights in different
relevant areas (Islamic Republic of Iran);
115.28 Continue to strengthen measures to improve access to justice and
education to women and girls in rural areas (United Arab Emirates);
115.29 Take practical steps to strengthen the implementation of measures
promoting the rights of women and children and eliminating violence against
them (Australia);
115.30 Continue reviewing policies for effective implementation of women
and child rights (Pakistan);
115.31 Step up efforts to create favourable work conditions for women,
youth and persons with disabilities (Kyrgyzstan);
115.32 Take further steps in consolidating the cooperation with the national
civil society organisations in implementation of programmes aimed at
promotion and protection of Human Rights (Armenia);
115.33 Strengthen cooperation with human rights mechanisms in order to
continue to harmonize national legislation with the international standards
(Morocco);
115.34 Submit overdue reports to the Committee on the Rights of the Child
(Ukraine);
115.35 Continue constructive cooperation with the United Nations human
rights mechanisms (Azerbaijan);
115.36 Implement effectively the Convention on the Elimination of All
Forms of Discrimination against Women, in particular by addressing deep-
rooted stereotypes regarding the roles and responsibilities of women and men
in the family and in society (Lithuania);
115.37 Take all necessary measures to fight against discrimination and
violence against women and to accept individual complaints procedure relating
to the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women (France);
115.38 Continue strengthening policies to promote gender equality and
empowerment of women (Georgia);
115.39 Continue its efforts to eliminate the stereotypes regarding the roles
and responsibilities of women and men in the family and in society (State of
Palestine);
115.40 Take steps to end stereotypes and discriminatory behaviours against
women and redress wage inequalities between men and women (Togo);
115.41 Promote greater representation of women in professional education,
in decision-making positions in Government and in Parliament (Mexico);
115.42 Adopt legislation and policies to promote greater participation of
women in political life and representative bodies (Costa Rica);
115.43 Adopt measures to eradicate gender discrimination in society, in the
family and in the labour market (Honduras);
115.44 Adopt concrete measures to tackle structural inequalities,
occupational segregation, the gender pay gap, and to ensure equal
opportunities for women in all spheres of life (Slovenia);
115.45 Take measures to combat the stigmatization and discrimination
associated with people living with tuberculosis and HIV as well as persons
living with mental illness (Colombia);
115.46 Fully abolish the death penalty (Italy);
115.47 Fully abolish the death penalty, without delay (Lithuania);
115.48 Completely abolish the death penalty (Slovakia);
115.49 Abolish the death penalty (Costa Rica);
115.50 Eliminate the death penalty in all circumstances (Honduras);
115.51 Following the moratorium in force since 2004, undertake further
measures to fully abolish the death penalty (Georgia);
115.52 Formally abolish the death penalty for all cases and under all
circumstances, as well as ratify the Second Optional Protocol to the
International Covenant on Civil and Political Rights (Portugal);
115.53 Abolish the death penalty and ratify the Second Optional Protocol to
the International Covenant on Civil and Political Rights (France);
115.54 Abolish the death penalty in law and ratify the Second Optional
Protocol to the International Covenant on Civil and Political Rights(Australia);
115.55 Proceed to a de jure abolition of the death penalty and ratify the
Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty (Belgium);
115.56 Establish the abolition of the death penalty through the ratification of
the Second Optional Protocol to the International Covenant on Civil and
Political Rights (Spain);
115.57 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights and abolish the death penalty without delay
(Germany);
115.58 Strengthen practical efforts to eliminate torture (Australia);
115.59 Take measures to render its criminal law consistent with the
prohibition of torture which constitutes a norm of international law
(Honduras);
115.60 Conduct effective awareness raising activities to combat torture
(Kyrgyzstan);
115.61 Implement the recommendations of the United Nations Special
Rapporteur on torture and meaningfully investigate all allegations of torture
(Slovakia);
115.62 Take immediate and concrete steps to fulfil the recommendations
made by the United Nations Special Rapporteur on torture in 2012 and 2014,
including the establishment of an effective national preventative mechanism
(Canada);
115.63 Carry out awareness raising campaigns for the prevention of
domestic violence, particularly against women and girls (Mexico);
115.64 Initiate awareness raising and training campaigns so that law
enforcement officials, medical personnel and jurists learn how to provide
proper care to survivors of gender violence (Spain);
115.65 Establish a mechanism for the implementation of the law on domestic
violence and its associate Programme 2014-2023 (Lithuania);
115.66 Implement and enforce the domestic violence law of 2013 as well as
strengthen the protection and promotion of women’s rights through legislative
and policy measures and by addressing social and cultural attitudes and
practices (Norway);
115.67 Expedite the creation of a robust mechanism that will implement the
2013 law on domestic violence and its associated Programme for 2014-2023
(Republic of Korea);
115.68 Strengthen measures to combat violence against women, including
through the assessment of the implementation of the Domestic Violence
Prevention Act and its related Programme, and consider seeking international
cooperation on this matter (Brazil);
115.69 Train the health care personnel to screen and document instances of
domestic violence (Lithuania);
115.70 Take definitive measures to end child marriages (Maldives);
115.71 Continue to combat violence against children (Turkmenistan);
115.72 Combat and eliminate the worst forms of child labour, and raise the
minimum age for hazardous work to 18 (Sierra Leone);
115.73 Establish a legal framework to fight against forced labour and to ban
child labour (Sudan);
115.74 Implement the National Programme for 2015-2020 to Eradicate the
Worst Forms of Child Labour (Cuba);
115.75 Enforce the prohibition of all corporal punishment of children in all
settings, including in the domestic sphere and in care settings (Sweden);
115.76 Conduct regular monitoring of the situation related to trafficking in
persons to effectively combat it (Belarus);
115.77 Continue with its positive steps to curb illicit drug trafficking
(Pakistan);
115.78 Ensure the full independence of the judiciary (Poland);
115.79 Continue taking further steps for the strengthening of judicial system
(Azerbaijan);
115.80 Continue the programmes to reform the judicial sector and
penitentiary facilities (Sudan);
115.81 Take necessary measures to ensure the right to fair trial (Turkey);
115.82 Further strengthen the capacities of its prisons with a view to
improving the custody conditions of detainees (Kazakhstan);
115.83 Continue the work to monitor and evaluate the penitentiary
institutions (Kuwait);
115.84 Ensure that prompt, thorough and impartial investigations are
carried out into all deaths in custody as well as all allegations of torture and ill-
treatment (Denmark);
115.85 Conduct mandatory human rights training for law enforcement
agencies, including training on hate crimes (Slovenia);
115.86 Maintain its effective protection of the family as the natural and
fundamental unit of the society (Egypt);
115.87 Continue to implement programmes and policies aimed at
strengthening inter-religious dialogue and fostering tolerance and
understanding (Singapore);
115.88 Initiate a process of consultations with civil society to study how to
reform the 2015 law on public associations to favour freedom of association, in
line with international human rights norms (Spain);
115.89 Strengthen the mechanisms to ensure the safe and independent
participation of civil society organizations in human rights discussions in the
country and in their cooperation with the various United Nations mechanisms
(Mexico);
115.90 Explore all the ways for enabling the development of a pluralistic
society in a peaceful environment (Turkey);
115.91 Continue its efforts aimed at realizing the right to work for all with a
specific focus on young people (Egypt);
115.92 Continue to formulate the next round of the national strategies for
poverty reduction and development (China);
115.93 Continue to consolidate its successful measures towards the further
advancing of its goal of reducing poverty by 20 per cent by 2020 (Bolivarian
Republic of Venezuela);
115.94 Continue its excellent programs and social policies with the aim of
further increasing the quality of life of its people, particularly the most
vulnerable sectors of the population (Bolivarian Republic of Venezuela);
115.95 Continue implement the national strategy to improve the well-being
of the population (Belarus);
115.96 Ensure access to clean drinking water is provided to the whole
population (Maldives);
115.97 Improve the population’s access to safe drinking water (Algeria);
115.98 Adopt a comprehensive mental health policy and plan of action based
on a human rights approach (Brazil);
115.99 Continue to tackle the illicit traffic in narcotic drugs. In this vein,
make complementary efforts to strengthen the existing legal and regulatory
mechanism and better engagement of National Drug Control Agency with
regional and international relevant institutions (Islamic Republic of Iran);
115.100 Incorporate a human rights perspective in its legal and regulatory
framework on combatting substance abuse and undertake transparent narcotic
law enforcement, active campaign against drug use to the public, and
rehabilitation programmes (Malaysia);
115.101 Improve the quality, availability and accessibility of primary health-
care services, to reduce high rates of infant and maternal mortality (Maldives);
115.102 Allocate resources to promote universal access to HIV prevention and
treatment in state and NGO-run health-diagnostic facilities without fear of
stigma and discrimination (Netherlands);
115.103 Strengthen sexual and reproductive health education, as
recommended by the Committee on Economic, Social and Cultural Rights
(Slovenia);
115.104 Continue the efforts made in enhancing the right to education
particularly education of children (Iraq);
115.105 Attach further importance to the culture of human rights through the
educational and mass media institutions (Iraq);
115.106 Implement effectively measures to assist girls and children from low-
income families to have access to quality education (Lao People’s Democratic
Republic);
115.107 Strengthen the efforts towards upgrading the facilities and capacity
for quality education for all children, including special education, and improve
the access to education for children living in remote areas (Malaysia);
115.108 Strengthen the national mechanisms for the access to appropriate
education, including in rural regions (Belarus);
115.109 Continue the promotion of education in the field of human rights and
dissemination of knowledge among the public about the international human
rights standards (Turkmenistan);
115.110 Implement programmes of human rights education for state bodies,
especially law enforcement officials (Colombia);
115.111 Implement educational programs aimed at raising awareness of the
past genocides and of prevention of this crime (Armenia);
115.112 Continue to promote inclusive education for children with disabilities
(India);
115.113 Promote the rights of disabled people, inter alia, through the
ratification and implementation of the Convention on the Rights of the Persons
with Disabilities (Algeria);
115.114 Take measures to ensure that persons with disabilities are recognized
as a vulnerable group and can enjoy their economic, cultural and social rights
(Honduras);
115.115 Take necessary steps to effectively implement the existing mechanism
for the reintegration of returned migrant workers in the national economy
(Kazakhstan);
115.116 Continue to draft development strategies, which Tajikistan intends to
do in order to improve the standard of living (Sudan);
115.117 Further invest in the medical and educational fields to promote
comprehensive economic and social development (China).
116. The following enjoy the support of Tajikistan, which considers that they are
already implemented:
116.1 Consider acceding to the Convention against Torture (Honduras);
116.2 Consider ratifying the International Convention on the Rights of All
Migrant Workers and Members of Their Families (Philippines).
117. The recommendations below did not enjoy the support of Tajikistan and would
thus be noted:
117.1 Become a State party of the International Convention for the
Protection of All Persons from Enforced Disappearance (Slovakia);
117.2 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance (Senegal) (France) (Sierra Leone) (Paraguay);
117.3 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance as soon as possible (Ghana);
117.4 Ratify the Optional Protocol to the Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment (Denmark)
(Italy) (Senegal) (Costa Rica) (Slovenia) (Guatemala) (Paraguay) (Uruguay)
(Portugal) (Norway);
117.5 Ratify the Optional Protocol to the Convention against Torture as
soon as possible (Ghana);
117.6 Sign and ratify the Optional Protocol to the Convention against
Torture (Turkey) (United Kingdom of Great Britain and Northern Ireland);
117.7 Consider ratifying the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
and ensure effective implementation of national mechanisms in the area of
identification and prevention of torture (Kazakhstan);
117.8 Ratify the Optional Protocol to the Convention against Torture and
establish a national preventive mechanism accordingly, and ensure that
prompt, thorough and impartial investigations are carried out into all
allegations of torture (Czech Republic);
117.9 Systematically implement the Convention against Torture; ratify the
Optional Protocol to the Convention against Torture; and set up an effective
National Preventive Mechanism as soon as possible (Germany);
117.10 Ratify the Optional Protocol to the Convention against Torture and
establish an effective National Preventive Mechanism. In the meantime,
unimpeded access to all places of detention should be granted to independent
civil society organisations working to prevent torture in Tajikistan (Sweden);
117.11 Ratify the Optional Protocol to the Convention against Torture and
establish a strong and independent national preventive mechanism
(Switzerland);
117.12 Consider accession to the Agreement on the Privileges and
Immunities of the International Criminal Court (Latvia);
117.13 Become a State party of the Agreement on the Privileges and
Immunities of the International Criminal Court (Slovakia);
117.14 Adhere to the main international instruments on human rights to
which it is not a party, in particular the International Convention for the
Protection of All Persons from Enforced Disappearance (Argentina).
118. The following recommendations will be examined by Tajikistan, which will
provide responses in due time, but no later than the thirty-third session of the Human
Rights Council in September 2016:
118.1 Ratify the Optional Protocol to the Convention on the Rights of
Persons with Disabilities (Senegal) (Slovenia);
118.2 Ratify the Optional Protocol to the Convention on the Rights of
Persons with Disabilities as soon as possible (Ghana);
118.3 Ratify the Optional Protocol to the Convention on the Rights of the
Child on a communications procedure (Portugal);
118.4 Become a State party of the Optional Protocol to the Convention on
the Rights of the Child on a communications procedure (Slovakia);
118.5 Consider ratifying International Labour Organization Convention
No. 189 (Philippines);
118.6 Ratify the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights (Portugal);
118.7 Proceed with early conclusion of major international human rights
treaties, including the International Convention for the Protection of All
Persons from Enforced Disappearance and the Convention on the Rights of
Persons with Disabilities (Japan);
118.8 Continue work aimed at ratification of international instruments,
including the Convention on the Rights of Persons with Disabilities, the
International Convention for the Protection of All Persons from Enforced
Disappearance, the Second Optional Protocol to the International Covenant on
Civil and Political Rights and the Optional Protocol to the Convention against
Torture (Ukraine);
118.9 Ratify international human rights treaties: the Second Optional
Protocol to the International Covenant on Civil and Political Rights, aiming at
the abolition of the death penalty; the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; the Convention on the Rights of Persons with Disabilities
(Poland);
118.10 Engage in bringing Tajikistan’s legislation in line with the country’s
international and Organization for Security and Cooperation in Europe
commitments to protect freedom of religion (Austria);
118.11 Develop and implement a National Action Plan for Human Rights to
further ensure systematic and comprehensive approach for the promotion and
protection of human rights, with the full engagement of the civil society
(Indonesia);
118.12 Consider the adoption of a comprehensive national human rights
action plan by involving civil society (State of Palestine);
118.13 Put in place a comprehensive national human rights action plan, in
cooperation with civil society (Slovenia);
118.14 Strengthen national coordination mechanisms and develop a
comprehensive national human rights action plan, as recommended by the
United Nations Secretary General in 2015, before Tajikistan’s next Universal
Periodic Review (Canada);
118.15 Issue a standing invitation to the United Nations special procedures
(Lithuania);
118.16 Issue a standing invitation to all the special procedure mandate
holders (Republic of Korea);
118.17 Issue a standing invitation to special procedures, giving priority to
the Special Rapporteur on the rights to freedom of peaceful assembly and
association, and the Special Rapporteur on the situation of human rights
defenders (Uruguay);
118.18 Extend a standing invitation to the Human Rights Council’s Special
Procedures (Portugal);
118.19 Extend a standing invitation to all special procedure mandate holders
of the Human Rights Council, as previously recommended (Latvia);
118.20 Consider issuing a standing invitation to special procedures (Turkey)
(Ukraine);
118.21 Adopt a comprehensive anti-discrimination law, providing a
definition of direct and indirect discrimination (Italy);
118.22 Reinforce the legal framework for the prevention of discrimination
and violence against women (Italy);
118.23 Bring all provisions concerning racial discrimination into full
compliance with the International Convention on the Elimination of All Forms
of Racial Discrimination (Guatemala);
118.24 Eliminate discrimination affecting freedom of religion (Honduras);
118.25 Urgently address the alleged systematic acts of torture and ill-
treatment of persons in detention, and also ensure that all perpetrators are
brought to justice (Ghana);
118.26 Take all necessary measures to effectively fight against torture and
ill-treatment, particularly in places of detention, by creating an independent
national preventive mechanism and ratifying the Optional Protocol to the
Convention against Torture (France);
118.27 Continue its efforts to end violence against women, including through
enacting preventive legislation, as well as through providing rehabilitative
services to victims (Singapore);
118.28 Criminalize domestic violence, and facilitate access to legal remedies
for victims of such violence (Paraguay);
118.29 Criminalize gender-based violence in all its forms, including the
psychological ones (Spain);
118.30 Introduce a specific article on domestic violence in the framework of
the forthcoming reform of the criminal code (Switzerland);
118.31 Criminalize domestic violence, create conditions in which victims do
not fear to report cases of domestic violence, and increase the number of
shelters available for victims (Czech Republic);
118.32 Include domestic violence as a specific crime in the criminal code
(Sweden);
118.33 Establish procedures and allocate resources to identify victims of
trafficking in persons and provide appropriate services for them (Paraguay);
118.34 Take further measures to prevent trafficking in persons, in
investigating and prosecuting offenders, and provide effective support and
redress to victims (United Arab Emirates);
118.35 Take all necessary measures to strengthen the independence of the
judiciary and respect for the right to a fair trial, including as part of the
ongoing trial against the leaders of the Islamic Renaissance Party of Tajikistan
(France);
118.36 Introduce measures to ensure the free, fair and open conduct of trials
in accordance with international standards including access to Legal Counsel in
pre-trial custody (United Kingdom of Great Britain and Northern Ireland);
118.37 Ensure that detainees are afforded fundamental legal and procedural
safeguards from the outset of their deprivation of liberty, and establish an
independent National Preventive Mechanism in compliance with the
requirements of the Optional Protocol to the Convention against Torture
(Norway);
118.38 Ensure lawyers freedom to exercise their professional duties by
guaranteeing unhindered access to their clients, freedom to represent their
clients without threats from state or other actors and that such threats are
promptly investigated (Norway);
118.39 Refrain from and prevent any executive interference with lawyers’
conduct of their professional duties (Austria);
118.40 Make the necessary amendments to the law on “Advokatura” of 2015
in order to remove any obstacle to the independence of the profession of a
lawyer, in parallel with actions promoting the independence of judges
(Belgium);
118.41 Grant missions sent by the International Committee of the Red Cross
full access to prisons and detention centers for independent monitoring
(Germany);
118.42 Ensure the freedom of expression, association, assembly and freedom
of religion in accordance with international human rights norms (Slovakia);
118.43 Ensure freedom of expression, of assembly and of association in
accordance with its international obligations and do not interfere with civil
society organizations and their activities by excessive regulations which are
formulated ambiguously (Switzerland);
118.44 Respect freedom of expression, assembly and association, in
particular by not prosecuting people on the sole grounds of their membership
of a political movement, and by implementing the recommendations of the
Special Rapporteur on the promotion and protection of the right to freedom of
opinion and expression following his visit (France);
118.45 Guarantee freedom of religion or belief and eliminate all forms of
discrimination against people belonging to religious minorities, in particular in
the field of religious education (Poland);
118.46 In the interest of religious tolerance, lift the bans on religious groups
to enable them to practise their religions freely (Sierra Leone);
118.47 Take the measures necessary to eliminate restrictions on freedom of
worship, including the possibility of exercising the right to conscientious
objection to compulsory military service (Argentina);
118.48 Amend the Law on Freedom of Conscience and Religious
Organizations to fully protect the right to freedom of religion or belief in
compliance with international norms and obligations. Remove restrictions
imposed over religious education and literature, activities of religious
organizations, and religious dress to promote religious tolerance (Canada);
118.49 Abolish all limitations with respect to freedom of religion and
expression (Turkey);
118.50 Ensure the exercise of the right to freedom of expression, including
through access to Internet sites and social networks without undue restrictions
(Colombia);
118.51 Redouble its efforts to create an environment that ensures freedom of
expression for journalists and media, including by revising the 2013 law and
the 2015 governmental regulation on media, towards encouraging a free and
active press (Republic of Korea);
118.52 Ensure that journalists and other individuals be able to freely
exercise the right to freedom of expression and have access to Internet without
undue restrictions (Lithuania);
118.53 Respect freedom of the media and ensure the safety of journalists
(France);
118.54 Rescind undue restrictions on the media and access to information,
including on the internet, and tolerate all forms of legitimate speech, including
criticism of the government and its policies (Austria);
118.55 Remove undue restrictions on use of Internet and ensure that
journalists can freely exercise their right to freedom of expression (Japan);
118.56 Repeal legislation that facilitates the blockage of Internet content and
telecommunications (United States of America);
118.57 Review its legislation and policies in order to create a free, safe and
enabling environment for journalists, bloggers and others to exercise fully their
right to freedom of expression (Czech Republic);
118.58 Prevent arbitrary and extrajudicial blocking of websites and ensure
that national security concerns are not invoked to stifle peaceful dissent and
criticism of the Government or to restrict the right to freedom of religion or
belief (Czech Republic);
118.59 Ensure that suspension of media outlets, including online media,
cannot occur without judicial procedures on the basis of strict necessity and
proportionality (Netherlands);
118.60 Decriminalize defamation (Lithuania);
118.61 Bring its law on public associations into line with the International
Covenant on Civil and Political Rights and also as recommended by the Human
Rights Committee, reinstate NGOs, which were unlawfully shut down, and
refrain from imposing discriminatory restrictions on the freedom of association
(Lithuania);
118.62 Amend the Law on Public Association to ensure consistency with
international human rights norms (Australia);
118.63 Review the Law on Public Associations and all relevant policies in
order to eliminate inappropriate restrictions on the right to freedom of
association and ensure that all civil society organizations, including those with
foreign funding, can work free from undue administrative obstacles or
harassment (Czech Republic);
118.64 Harmonize the Law on Public Assembly with international standards
(Costa Rica);
118.65 Take the necessary measures so as to ensure that journalists and
human rights defenders can do their work independently and without fear of
reprisals from the authorities, be they of financial, legal or of another nature
(Belgium);
118.66 Cease the harassment and persecution of human rights defenders and
civil society organizations, including by ensuring that the implementing
regulations for amendments to the Law on Public Associations are not used to
harass NGOs through surprise inspections, onerous information requests, and
other inhibiting tactics (United States of America);
118.67 Provide human rights defenders, including defence attorneys and
political figures detained as a result of their political activities, such as
Burzurgmehr Yorov, Shuhrat Qudratov, and Ishoq Tabarov and his sons, with
fair, open, and transparent trials, including the substantive protections and
procedural guarantees in accordance with Tajikistan’s international
obligations (United States of America);
118.68 Take measures in order to ensure that freedom of assembly and
association can be exercised in line with international obligations and refrain
from imposing restrictions on civil society and human rights defenders
(Poland);
118.69 Immediately and unconditionally release prisoners arrested on
politically motivated charges, including members of the Islamic Renaissance
party of Tajikistan, Group 24 and their lawyers (Norway);
118.70 Allow peaceful opposition groups and parties to operate freely and
exercise their rights to freedom of assembly, association, expression, and
religion in accordance with international human rights norms (Austria).
119. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of Tajikistan was headed by the Minister of Justice of Tajikistan, Mr.
Rustam Shohmurod and composed of the following members:
• Mr. Yusuf Rakhmon, Prosecutor General
• Ms. Sumangul Tagoizoda, Minister of Labour, Migration and Employment
• Mr. Jamshed Khamidov, Ambassador, Permanent Representative of the Republic of
Tajikistan to the United Nations Office and other International Organizations in
Geneva
• Mr. Rahmatullo Mirboboev, First Deputy Minister of Education and Science
• Ms. Saida Umarzoda, First Vice-Minister of Health and Social Affairs
• Mr. Sharaf Karimzoda, the Deputy Head of Division on Human Rights Guarantees
under Executive Office of the President of Tajikistan.