Human Rights in Tajikistan: major challenges and UN response

ECA Regional UNDG Team Meeting,

7-8 May 2015

1. Major challenges:• Legacy of the Soviet system and post-civil-war

repercussions in the poorest and least developed country in Europe and the CIS;

• Shrinking democratic space and political pluralism: freedom of association, assembly, and religion; independence of media; ref. results of Parliamentary elections in Feb.’15;

• Rule of law and access to justice: independence of the judiciary, fair trial guarantees, access to justice;

• Exclusion / Marginalization: rising inequalities especially among vulnerable population segments, including persons with disabilities, women in rural areas, youth, children in conflict with the law, children in institutions, labor migrants and others not able to fully enjoy their rights.

2. UN-Led Key Developments• The Policy Committee Decision on Central Asia: Summary Analysis

emphasizes principal Human Rights concerns and potential threats and risks related to deterioration of human rights situation in Tajikistan;

• The Human Rights up Front Mission in December 2014 - the report was well received by the Government and UNCT, and follow up will be carried out in the framework of the new UNDAF .

• UNDAF process – the need to mainstream and apply HRBA to enhance the ‘demand side’ (CSOs, target groups, etc)

• UPR 2nd Cycle (2016): UNCT supports national consultations and plans to submit a Joint Submission for the UPR;

3. UN Advocacy• The Government to fully meet its human rights obligations

(including Responsibility to Protect) during conflict in GBAO; UNRCCA and UNCT Statement on the situation in Khorog (July 27, 2012);

• Raising the issue of sex-workers’ rights (July 2014) and sustaining progress in combating STDs;

• Succeeding in modifying restrictive amendments to the Law on NGO registration in Tajikistan;

• Ensuring progress in fight against torture and ill-treatment: Visits of Mr Juan Mendez, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (May 2012; Feb. 2014)

4. UN Expertise and Technical Assistance

• UN Joint Programming: UN is implementing two projects under UNTFHS and UNPRPD Disability Fund to work towards promoting human rights; UN is working towards improving Rule of Law and Access to Justice;

• Advocacy for Ratification: UN remains committed to advocating for the ratification of: Convention on the Rights of Persons with disabilities; Optional Protocol on the Convention against Torture and other

Cruel, Inhuman or Degrading Treatment of Punishment; 3rd Optional Protocol on Communications Procedures to the

Convention on the Rights of the Child; • Support to Implementation and Reporting on Ratified

Conventions: UN remains committed to advocating for the implementation and reporting on ratified conventions;

5. UN Comparative Advantage and Programme Focus

• Rule of Law and Access to Justice: UN is implementing the largest Rule of Law and Access to Justice programme in the region with a special focus on women, youth and persons with disabilities;

• Juvenile Justice: UN supports the establishment of a juvenile justice system that is in line with international standards;

• Child Rights: UN supports the Government in establishing an Ombudsman for Child Rights;

• Statelessness: UN is committed to support the Government to resolve situations of thousands of persons with unconfirmed nationality;

6. HQ support for promotion of human rights agenda in Tajikistan

• Dedicated Human Rights Capacity in UN Tajikistan: The need to restore the Human Rights Advisor position abolished in 2015;

• Support of UN High-Level Missions visiting the country: Incorporation of human rights concerns into the agenda of all high-ranking UN officials visiting Tajikistan

• Direct OHCHR HQ engagement with the Gov-nt on most sensitive and critical HR issues: Tajikistan frequently faces political developments and related human rights issues which warrants OHCHR HQ intervention