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Tajikistan - Universal Periodic Review

UPR 39, November 4, 2021
Recommendations by Canada

Recommendation

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Thank you, Mr. President. Canada welcomes the strides made by Tajikistan to develop the draft National Human Rights Strategy and the National Action Plan, as well as the establishment of a Monitoring Group under the Human Rights Ombudsman. We look forward to the development and implementation of the National Action Plan to address the ongoing challenges through a comprehensive approach.

Canada recommends that Tajikistan:

1. Develop transparent procedures to prevent and address arbitrary detention and ensure the right to a fair trial, including unhindered access to legal representation free from the threat of government interference.
2. Adopt comprehensive anti-discrimination legislation to protect the rights of vulnerable groups, irrespective of their gender identity, sexual orientation, HIV status, disability, or other characteristics. 
3. Enhance existing legislation, including the Law on Freedom of Conscience and Religious Organizations.
4. Stop harassment of journalists and ensure the protection of the right to freedom of thought, conscience and religion.

Canada notes that important steps still need to be taken to address ongoing human rights challenges and strengthen the mandates of existing monitoring mechanisms to increase their independence and competencies. Canada encourages Tajikistan to ensure civil society involvement in the development of a comprehensive National Human Rights Strategy and National Action Plan.

Background

Despite the measures taken in the Tajik institutional and legislative framework to fully uphold international human rights obligations, significant human rights issues remain and there is still progress to be made on fully implementing previous UPR recommendations.

The kidnapping of the country’s citizens in foreign countries and their forced repatriation, and the harassment of dissidents and their families, both in the country and abroad, are of serious concern. Although the Constitution of the Republic of Tajikistan provides for the right not to be arrested without a legal basis, this is poorly enforced and arbitrary arrests are common.

The torture and ill-treatment of prisoners and detainees by security forces remain a serious challenge, as reports of the practice have continued despite some limited steps taken by authorities to hold perpetrators accountable. Sanitary conditions in prisons were also reported to be insufficient to mitigate the risks that the COVID-19 pandemic posed to prisoners.

The situation of freedom of expression has deteriorated in recent years due to increasing pressure on journalists, who are reportedly censored and prosecuted for critical publications. Essentially no political opposition exists because of substantial interference with the rights to freedom of peaceful assembly and association.

Vulnerable groups, including women, persons with disabilities, HIV-positive persons, LGBTI persons, former prisoners, and sex workers, continue to face systemic discrimination, violations of their privacy, and violence.

Severe restrictions of the right to freedom of thought, conscience and religion remain, as the government’s Committee on Religion, Regulation of Traditions, Celebrations, and Ceremonies maintains an overbroad mandate under the Law on Freedom of Conscience and Religious Organizations.

In late 2017, the Working Group on the draft National Human Rights Strategy was set up and consists of representatives of a variety of Tajik departments. The Strategy was initially planned to be adopted in 2019 and serves to implement the UPR recommendations. On 7 April 2021, the consultations led by the Presidential Department of Human Rights Guarantees, joined by the Working Group and the EU Delegation to Tajikistan, were held in the capital city of Dushanbe to discuss the development of strategic documents of the National Human Rights Strategy up to 2030 and the National Action Plan for 2021-2023.

In December 2013, a Monitoring Group was established under the Commissioner for Human Rights (CHR, or Human Rights Ombudsman) to visit places of detention and restriction of liberty. The group consists of CHR employees and representatives of the NGO Coalition of Tajikistan against torture and impunity. However, due to the limited number of the CHR employees in the Monitoring Group, there is no comprehensive coverage of all the institutions in the country.