COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF TAJIKISTAN

The Committee on Economic, Social and Cultural Rights has considered the initial report of Tajikistan on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report, Khamidov Khalifabobo, Minister of Justice of Tajikistan, said Tajikistan, from the first days of its existence as a sovereign state had been committed to the promotion of international law in the area of human rights. The ideal of the free human person, free from need and fear, could only be implemented if each and every person could enjoy their economic, social and cultural rights and civil and political rights. In keeping with this, Tajikistan ensured the conditions which promoted the dignified life and free development of each person.

In questions to the delegation, Committee Experts asked, among other things, why there was a procedural gap before the courts and that the rights of the Covenant were not invoked therein; a request for confirmation of reports according to which the police mistreated refugees and asylum-seekers; what could be done to increase transparency of the social security system as well as the training of Governmental workers in the relevant departments; what was the situation with regards to trade unions and whether some were affiliated with international organizations; whether there were special educational units in the special units for children’s mental health, and what caused children to be placed in these units; what was being done to cater for the health needs of disabled persons, in particular children; and whether the State party had envisaged for the future having a plan which would promote tolerance among ethnic and cultural groups so as to contribute towards a better atmosphere for the culture of human rights in society.

In concluding remarks, Mr. Khalifabobo said in discussing the international Covenant on Economic, Social and Cultural Rights, one of the most fundamental documents of international law had been discussed, and a whole range of questions regarding the implementation of the basic economic, social and cultural rights of the Tajik citizens had been raised. The achievements that Tajikistan had made had been underlined, as had been the large number of problems which remained to be resolved. The reality was that Tajikistan was at the very first stages of the difficult and complex development path. However, Tajikistan had realised where it sat in the family of Nations, and no way sought to conceal its problems, which it was making every effort to resolve.

The delegation included members of the Ministry of Culture, the State Committee on Statistics, the Department of Constitutional Guarantees of Citizens Rights, the Ministry of Education, the Ministry of Public Health, the Ministry of Labour and Social Protection, the Ministry of Foreign Affairs, and the Ministry of Economy and Trade. The delegation attended three meetings over two days with the Committee, presenting the report and answering questions. The Committee’s final observations and recommendations will be issued towards the end of the session on 24 November.

The next meeting of the Committee will be this afternoon at 3 p.m., when it will take up the initial report of the Former Yugoslav Republic of Macedonia (E/C.12/MKD/1).

Report of Tajikistan

The initial report of Tajikistan (E/CN.12/TJK/1) says recognizing the ruinous repercussions of war for the future of the Tajik people, the Government, following the restoration of constitutional order, embarked on a firm political path towards the establishment of peace and national concord by peaceful means, i.e. through dialogue. Tajikistan has followed a long and difficult path towards peace. In addition to seeking ways to establish peace, the Government also set about the task of transforming the economy, as the only way to draw the economy out of deep crisis and mitigate the consequences of civil conflict and of the natural disasters that had struck the country. Sectors that play a key role in mitigating the problems of poverty are education, health care, social welfare, agriculture, privatization, labour and private-sector development, infrastructure and telecommunications, environmental protection and tourism.

Tajikistan is a sovereign, democratic, law-governed, secular and unitary State that recognizes the inviolability of human rights and freedoms, as embodied in articles 14 to 47 of the Tajik Constitution adopted on 6 November 1994 by nationwide referendum. Human and civil rights and freedoms are recognized, observed and protected by the State. Human and civil rights and freedoms are regulated and protected by the Constitution and laws of the Republic and by international legal instruments recognized by Tajikistan. Tajikistan guarantees to all its citizens, as well as stateless persons residing within the Republic, irrespective of their origin, social or property status, racial or national affiliation, language, sex, political views, religious beliefs, birth or occupation, domicile or other circumstances, the full range of rights and freedoms provided under the Constitution and laws of Tajikistan and the universally recognized norms of international law.

Under article 143 of the criminal code, the intentional direct or indirect violation or restriction of the rights or freedoms of an individual or citizen on grounds of sex, race, ethnicity, language, social origin, personal, financial or official status, place of residence, attitude to religion, beliefs or membership of political parties or voluntary associations that harms a citizen’s rights and legitimate interests is punishable. The Constitution states that life, honour, dignity and other inherent human rights are inviolable, and that human and civil rights and freedoms are recognized, observed and protected by the State. Under article 14 of the Constitution, human and civil rights and freedoms are governed and protected by the Constitution and laws of Tajikistan and by international legal instruments recognized by Tajikistan, while citizens’ rights and freedoms may be restricted only in order to uphold the rights and freedoms of other citizens, maintain social order and defend the constitutional system and territorial integrity of Tajikistan.

Introduction of Report

KHAMIDOV KHALIFABOBO, Minister of Justice of Tajikistan, introducing the report, said the Covenant was one of the basic documents of international law which defined universal human rights standards in the area of economic, social and cultural life. Tajikistan from the first days of its existence as a sovereign state had been committed to the promotion of international law in the area of human rights. The Tajik Constitution established the rights and freedoms of the person, and defined the aims, intents and applications of the law with regard thereto. It also established that international documents adopted by Tajikistan were part and parcel of the legal system, and if there was no correspondence between the two, then the international document was applied, as part of Tajikistan’s commitment to applying human rights. The Covenant had been ratified, and was therefore a source of law.

The ideal of the free human person, free from need and fear, could only be implemented if each and every person could enjoy their economic, social and cultural rights and civil and political rights. In keeping with this, Tajikistan stated that it ensured the conditions which promoted the dignified life and free development of each person. Currently, a national strategy for the development of Tajikistan up to 2015 was being agreed, defining State policy, focussing on sustainable economic growth, increasing the access of the population to social services, and other matters. The civil war had caused $ 7 billion in damage, and the drop in production and the increase in poverty were consequent to this. All efforts of the country had been focussed on achieving economic stability at that period. Despite these difficulties, economic policy with the aim of giving rise to major economic sectoral reforms had been applied, and high rates of economic growth had been achieved since about 2001, allowing poverty to be reduced significantly.

However, more needed to be done, such as the broadening of access to social services, and the achievement of the Millennium Development Goals. There was a need for a comprehensive solution to the problems that Tajikistan currently faced. In order to face this, Tajikistan had opportunities, such as its hydroelectric resources, fossil fuels, and tourism, and intended to use these as a means for progress. The aim was to bolster social and economic prosperity in order to promote the rights and situation of every Tajik citizen, in a context of democracy, free society and economic growth, and in order to achieve this, there was a national strategy for development, which underlined, among other things, the reform of State Government, the development of the private sector and the attraction of investment, and the development of human potential. The Government had recently taken a number of economic measures in this regard.

Questions by Committee Experts

Taking up articles one to three of the Covenant, Experts raised a range of questions and issues, including why there was a procedural gap before the courts and that the rights of the Covenant were not invoked therein; what was the status of refugees and whether it was true that there was an increase in refusals for applications for asylum; a request for information on reports according to which the police mistreated refugees and asylum-seekers; what the State party was doing with regards to wide-spread societal discrimination against women and a revival of traditional patriarchal issues; issues linked to large-scale migration of young men to other areas and the effects of this on those left behind; whether there was a difference between the rights of a minority person and the rights of a Tajik national, and whether there were efforts to include these minorities in the mainstream and to promote their language; whether there was a plan to offer the right to work to asylum-seekers and refugees; whether the judges of the Supreme Court were independent from the Office of the President; whether local officials were aware of their obligations and duties with regards to the implementation of the Covenant; and to what extent the Covenant was relevant to policy-makers in reforming the economy and legislation.

Response by Delegation of Tajikistan

Responding, Mr. Khalifabobo said Tajikistan was a country which became independent 15 years ago, and was now at the early stages of its development, and it went without saying that there were problems which needed to be looked into. However, there were problems that had been raised by the Committee which were based on wrong information.

Addressing issues regarding what effective measures had been taken by the State to increase the awareness of officials including judges, politicians, lawyers, police officers and State employees with regards to the Covenant, the delegation said a lot of work had been done in this regard, and this was expressed through a number of Presidential and Governmental Decrees and Decisions. To achieve these purposes and so that State officials were informed both in the capital and in the field, during the preparation of the report, a Commission was formed to ensure implementation of international obligations in the field of human rights, and under this Commission a Working Group was set up including representatives of several Ministries, State Committees and other bodies, which showed that these organizations were aware of the content and requirements of the Covenant. The Ministry of Justice had considered questions related to human rights education, and a centre had been set up for training of members of the Council of Justice and included methods of international law, including the Covenant.

On the legal status of refugees, in particular Afghans, the delegation said according to statistics, nearly 99 per cent of refugees were Afghans - there were also five families from Iran and Iraq. Tajikistan had already undergone a civil war, and had signed the Convention on Refugees and its Protocol. The legal status of refugees was determined by law, and they had the same rights as Tajikistan’s citizens. The approach to refugees had been tightened up recently, and a number of requests for refugee status had been refused. This was for a number of reasons, including that Tajikistan was a buffer state between the countries of the Organization for Economic Cooperation and Development and countries from which refugees originated, as well as the aim of reducing illegal migration. In view of the situation, there was also a need for a strict visa regime. Despite all this, there was a legal framework for complying with refugees rights and freedoms, including the rights to education, free medical assistance and others. According to the latest studies, certain industries, such as automobile repair, were entirely in the hands of Afghan refugees. Refugee status had been withdrawn from certain individuals who had violated the terms of this status. An agreement had been signed with Russia on the rights of migrant workers in 2006, and an Office had been established in Russia, and another would be set up in Kazakhstan, in order to provide further services to nationals living abroad.

With regards to the situation of women, the delegation said there was no concept of discrimination against men or women. There was segregation in certain organizations and enterprises. In 2005, compared to 2000, the share of women among hired workers increased from 44 per cent to 46 per cent. In health care, 65.8 per cent were women in 2005. Of course, it should be noted that there was a reduction of the number of employees in the areas of credit and banking, which was at present the highest paid area, and which had been traditionally filled almost entirely by women. There was no system in which jobs were reserved for either men or women, but most doctors and school-teachers were women. This was segregation, not discrimination. The process of the development of entrepreneurship was also reflected in the number of female employees. On national minorities, the State Committee on Statistics held a census every 10 years of all citizens, regardless of their race, sex and ethnicity. There were more than 120 nationalities or ethnic groups in Tajikistan according to the latest census, including Russians, Kazaks, Kyrgyz, Turkmen, Uzbeks, and others, and they were well-represented nationally in all areas of the economy, as well as in the State apparatus.

On patriarchal and religious matters, there was a women’s committee which had a special religious sub-committee. There was a special programme on television which dealt with patriarchal relations, relations between men and women, violence in the family and other similar issues on a weekly basis, the delegation said. There had been an increase in patriarchal relations, but this concerned the period 1992-1997, and the phenomena had been decreasing since the Peace Agreement. With regards to education in minority languages, there were State schools teaching in Russian covering some 38,000 children. Over 300,000 were being educated in Uzbek, over 6,000 in Kyrgyz, and about 2,500 in Turkmen. There were schools available for minorities where they existed. The national registry made no division between citizens on the basis of their ethnic origin, and all citizens enjoyed the same rights before the law and the courts, and they participated in the cultural life of the State. Citizens had rights and freedoms irrespective of their ethnicity, sex, political or religious convictions, and had the right to develop culturally. A programme on national minorities was currently being developed by the Ministry of Culture.

Corruption was a very topical issue, the delegation said, and the elimination or reduction of corruption was a matter where economic, social and cultural rights could be implemented. Tajikistan, in order to clamp down, was carrying out legislative, organisational and prophylactic measures in this regard, such as seminars. Tajikistan was the first Central Asian Republic to adopt the Istanbul Plan to clamp down on corruption, and became part of the anti-corruption network as a transitional economy, and had implemented the appropriate tasks in this regard. In 2005 a new law was enacted to counter corruption, and a whole series of measures were taken by the Parliament, together with the Supreme Court, to enact these. A State Programme to fight corruption had also been drawn up, and measures taken in law enforcement, education and health. There had been a reduction in the number of family members in State employment that were working in adjacent departments. Statistics were published in the press with regards to prosecution for abuse of power. Officials of the police had been prosecuted for receiving bribes, abuse of power, and other crimes, and judges had also similarly been prosecuted. Work was being done to reduce vulnerability of officials to corruption.

Mr. Khalifabobo highlighted that the country had not yet escaped from its Soviet past, but all parts of the Government and of society were aware of the need to move on and to progress on some issues, such as ensuring that judges were fully independent from the Government. In Tajikistan, there was no indifference to resolving these issues, and the appropriate structures were galvanised, and forces were involved that were committed to resolving these issues within the framework of the law, cultural development, and ensuring the future development of Tajikistan. On the qualification of judges, the delegation said that the solution to the problem depended on the judiciary being independent and strong. Transparency in the nomination and appointment of judges did exist to a certain extent, as the Council of Justice was a constitutional body which decided issues on the organization of courts at the district and regional level, although not at the Constitutional level. Within the limits of its capabilities, the Government was moving towards strengthening the independence of the judiciary.

According to political legislation, all political parties had the right to put forward candidates, Mr. Khalifabobo said, and the last Presidential elections had taken place at a fairly transparent level. The President had, after these elections, been re-elected for a further term. The elections had taken place democratically and legitimately, and reflected the will of the people of Tajikistan. There should be no question about this. The issue of warlords had been resolved after 2000, at which point all those who had participated in the military conflict had been given amnesty, although it was understood that this was unsatisfactory for those who had committed grave crimes, however, it was considered to be more of a political than a legal issue. The fate of the warlord commanders differed - some were in prison for not obeying the law. Tajikistan was a normal, healthy, developing State, with problems, the resolution of which did not only depend on Tajikistan but on the support of the international community. Tajikistan was always ready to engage in dialogue and to cooperate.
Mr. Khalifabobo affirmed that he was not trying to engage in confrontation, but, as he was a former university professor, he sometimes got very emotional. Tajikistan was well aware that it had to work together with the Committee for the good of its citizens. On the issue of a separate National Commission for Human Rights, the delegation said that this was being worked on, and was given the central attention of the Government. There were State institutions for human rights, but this was not enough, and, based on the Paris Principles, the issue was being discussed. Material had been distributed among Ministries and local authorities for them to study, and it was expected that the question would be resolved. Creating such an institution was not a problem - the problem was for it to function correctly.

On the role of non-governmental organizations (NGOs) in drafting the report, the delegation said the drafting was carried out under the guidance of the Governmental Committee on the Implementation of International Commitments in the Area of Human Rights, under which a Working Group was set up to draft the report, and this included representatives of NGOs. The report was drafted over several years, and the drafting was done in a transparent fashion. With regards to migrant workers and their legal situation, the Government had taken measures to improve this. An agreement had been ratified with the countries of the Commonwealth of Independent States on migrant workers, and another dealing with questions of labour and the rights of Tajik citizens working in Russia, and with Russian workers in Tajikistan. There were no accurate figures on the number of migrant workers outside Tajikistan.

Pursuant to the Constitution, polygamy was forbidden, Mr. Khalifabobo said. Legislation and the Criminal Code considered it to be a crime, as was bigamy. When cases of these and other intra- and inter-familial crimes were reported, including the giving over of young girls to marriage, child kidnapping and others, they were prosecuted. Figures for prosecution had increased significantly since 2000, demonstrating that stability had been achieved in the Republic and all State bodies were working at the appropriate rate as required by the Constitution. On pre-emptive and awareness-raising measures among women and girls and the appropriate sectors of the population, these activities were undertaken by the relevant authorities, and should lead to a reduction of such crimes. On the Vienna Declaration and Plan of Action and their implementation, the relevant document was adopted at the World Conference in 1993, and that document contained recommendations to States on the rights of many, including women, migrant workers, the handicapped, and refugees, including the setting-up of an effective system to protect and promote these rights and fundamental freedoms. A single National Plan covering all of these did not exist, but on each of these points, including economic, social and cultural rights, Tajikistan did have steps which had been taken by the Parliament or Government, and a whole series of laws had been adopted which regulated social, economic and cultural relations, and ensured the basis for the full implementation of economic, social and cultural rights.

Further Questions by Committee Experts

Taking up articles six to nine of the Covenant, Committee Experts raised a range of issues, including, among others, the new three-tier social security system reform, and which was the tier the Government was intending to introduce first; what could be done to increase transparency of the social security system as well as the training of Governmental workers in the relevant departments; how self-employed people were protected, including farmers; the issue of the means of calculating the number of unemployed, as this was not done as per ILO methods; what were the intentions of the Government to ensure that a higher proportion of the citizens of Tajikistan achieved a better standard of living; what were the reasons for the high number of economic migrants; what was the situation with regards to trade unions and whether some were affiliated with international organizations; issues related to child workers and street children and whether there was a policy that had been or was being considered with regards to child labour; whether there was a law or plans for a law that would prohibit sexual harassment in the work place; and issues linked to exploitation of children in schools.

Response by Delegation of Tajikistan

Responding to these questions, Mr. Khalifabobo said a decision had been taken in Tajikistan not to involve school-children or students in working in agriculture. On street children and their legal status, the delegation said Tajikistan had ratified a number of international documents, including the 1959 Declaration on the Rights of Children, and the 1989 Declaration on Children’s Rights. Legislation stipulated that people under the age of 15 could not be employed. Those from technical schools could undertake internships that did not interrupt their education nor had any effect on their health, from the age of 14, and stipulating parental agreement. There were restrictions on working hours for those under the age of 18. Children worked due to poverty and socio-economic inequality, as well as because of local customs and traditions, with the concept that labour had a good effect on the character and skills of children. Many people believed that girls needed education less than boys, and that it was therefore better for them to work rather than study. The number of girls going to school from the age of 14 had declined significantly in recent years, and the number of girls in higher education was less than 25 per cent.

The concept of street children in the Convention on the Rights of the Child did not exist, and there was no concept of this in Tajikistan either. There were working children on the street, and this was a big problem. These children had at least some form of parental supervision, the delegation said, but they worked in low-skill jobs and did not go to school. Orphan children were supported by the State or by their relatives. Street children were, in general, dealt with by international organizations, such as Save the Children. Local NGOs were also involved in this work, with the aim of reintegrating these children into the school system.

With regards to social security, the question of social protection for migrant workers had been under constant attention, the delegation said. In the area of labour migration, international practice had shown that it was best if the receiving country accepted migrant workers and afforded them good conditions. With regards to women, legislation provided for equal pay for equal work. The average monthly wage for men was higher than for women, but this was not due to a law that prohibited men or women from working in any particular area - the phenomenon of segregation had simply emerged. The State had taken a number of measures to equalise revenue among men and women. The pension system was based on solidarity, and this depended on the economically-active section of the population. Those working to those receiving pensions was now a two to one proportion. Within the existing budget, the question of low funds for pensions was being dealt with on a step-by-step basis. Presidential Decrees had been issued on increasing pensions and reforming the social security system.

On the topic of trade unions, Mr. Khalifabobo said that these were public organizations, and on a voluntary basis they could be set up on the basis of different regions or industrial sectors. There was a law which referred to the rights and guarantees of trade unions, establishing that they were independent of Governmental or State bodies, and of any other organization, nor where they accountable to such organizations. The interference of State bodies or officials in their activities was prohibited except for where provided for by the law. Trade unions drafted and adopted their own charters, elected their own leadership, and held conferences and meetings. Belonging or not to a trade union did not lead to any labour, socio-economic, political or personal limitations of personal rights. Hiring or promotion could not be based on whether someone was a member of a trade union or not. All trade unions had the same rights in Tajikistan, and the employer did not have the right to prohibit employees from joining a trade union. Trade unions were independent in their work within the framework of the law, but if they went beyond the law, the appropriate State bodies could take necessary steps, and the sanctions could be broad.

With regards to agricultural organizations, the tax code had relevant provisions, the delegation said, and those workers contributed to social security and other plans. These workers were entitled to old-age pension and to disability or injury pension, pursuant to relevant Tajik law, which established that self-employed people, irrespective of the situation in which their activities were undertaken, as long as their contributions had been paid, were provided with social protection. The length of the working day was dealt with by a provision in the labour code. As regarded family allowances, the social policy of Tajikistan was to protect the most vulnerable sectors of the population. The market economy and the crisis which evolved due to the greater differentiation in income had had an impact on society, in particular on children, and measures were being taken to resolve this situation. It was particularly important to educate children to function in the new market conditions, and therefore families were provided with new monetary allowances.

Officially, the delegation said, there were somewhat over 600 cases of HIV/AIDS in the country, and a large proportion of these were under the age of 25. The majority of infected people were men, and over 400 of them were drug users, who had been infected through the use of dirty needles. For economic reasons, a comprehensive assessment of the situation had not been possible for a long time, but UNAIDS had become involved, and it was considered that the official figures were significantly below the real figures. The main social circumstances which affected HIV/AIDS victims in Tajikistan were unemployment and poverty, and the UNDP report for Central Asia for 2005 demonstrated this fact. It was clear that drug use was increasing by 15 per cent each year. The most vulnerable part of the population in this regard was the mobile population, namely migrant workers, as well as those providing sex services. A coordinating body had been set up to deal with HIV/AIDS-related issues, as well as tuberculosis and malaria, and a single monitoring body had been set up to establish national indicators, provide information, and carry out awareness-raising campaigns. A large number of those infected did not seek treatment. The law provided for protection of the rights of the infected and those living with them.

Questions by Experts

Moving to articles ten to twelve of the Covenant, Experts raised a range of questions on various topics, including domestic violence and that a draft law on this had been prepared, what had been done with regards to the sensitisation of relevant authorities, counselling services, shelters for battered women, and other linked issues; what did the Government intend to do with regards to opportunistic diseases linked to HIV/AIDS; whether there had been improvement in the number of children vaccinated; whether there were special educational units in the special units for children’s mental health, and what caused children to be placed in these units; what was being done to cater for the health needs of disabled persons, in particular children; what was being done to sustain the progress in reducing the poverty figures; whether there was a law being considered with regards to matrimonial violence and the need to qualify the criminal code in this regard; whether there were figures with regards to the gender distribution of migrants; issues linked to marriages that took place outside the scope of the law, in particular forced marriages of girls below the minimum age for marriage and why there had been no success in combating this phenomenon; and issues linked to increasing the number and standard of State-provided housing.

Response by Delegation

Responding to these questions and others, the delegation said that employment policies lay at the heart of the Government’s concern for its people. The official figures for 2005 were 7 per cent, of which 23,000 were women, and 0.5 per cent of people up to the age of 18. The situation on the work market had become somewhat more difficult, a number of steps had been taken to encourage employment, and there was a State plan for the period 2006-2009, and a National Plan to implement State policy to promote employment was being created for the afore-mentioned period. The Government sought to reduce unemployment by creating new jobs. With regards to efforts to reduce poverty, Tajikistan was aware that poverty was a diverse phenomenon and was measured in different ways in different countries, and in Tajikistan it was measured as 64 per cent, but some surveys carried out by the State had indicated that by 1 January 2007, it would decline to 50 per cent. The Government had an economic plan and strategy to reduce poverty up to 2009, and as a result of the steps taken up to 2005, the level of poverty had declined from a level of 81 per cent. A programme on the national development strategy had been signed with the United Nations up to 2010 on the basis of the Millennium Development Goals, and as a result of this, a national strategy had been implemented which focussed on a reduction of poverty in 2007-2008.

The report did not deal with sexual harassment in the workplace, the delegation said, adding that this could be due to the fact that this was considered a criminal offence. Obliging a person to a situation of sexual humiliation or other such harassment could lead to a fine or to corrective labour, or to imprisonment. Sexual humiliation or harassment, including perversion, with a person under 16 or under one’s authority resulted in imprisonment and a removal from the post of the perpetrator. These formed prophylactic measures regarding such situations. On agricultural debts, a Committee had been studying the situation on the ground in order to resolve the issue and make sure that debts were reimbursed. The Asian Development Bank was providing assistance in this regard by implementing an investment project, and there should be a reduction of debt, bringing it into line with norms, by 2007.

The provision of drinking water in Dushanbe was still a very difficult issue, but it was the subject of close Governmental attention. A plan was underway to repair water purification plants, and it was expected that the provision of safe drinking water would be resolved by June 2008, the delegation said. On HIV/AIDS and tuberculosis in penitentiaries, and how these matters were tackled, Mr. Khalifabobo said the prison system moved from the control of the Interior Ministry to the Justice Ministry in 2002. A law on penitentiaries had been drafted and enacted subsequently, and medical institutions in the penitentiary system, including hospitals, had been set up to provide services for inmates during their period of imprisonment. The number of HIV/AIDS-infected inmates had climbed from 2003 when there were 13 affected, and in 2006 had reached 128, demonstrating that it was a matter of great concern. Prisons were overfull, and there was sexual contact among inmates, exacerbating rates of infection. A number of prophylactic measures had therefore been drawn up, including blood testing, psychological support, sanitary education among convicts and the staff of prisons, educational training, and the circulation of information. On the whole, there was a low level of knowledge on the subject among prisoners. The Government was also aware of the problem with regards to tuberculosis, and was determined to solve it.

With regards to care in psychiatric hospitals, the delegation said, this was a very serious issue. Psychiatric assistance to patients was provided both on an in-patient and an out-patient basis. Between 60 to 80 per cent of patients were suffering from schizophrenia or other acute psychoses. In recent years, assistance to psychiatric patients had encountered a number of serious problems, including the shortage of doctors and medicines, late identification of the disease, hospitalisation, and treatment. The Government had therefore adopted a number of measures, in particular a law had been adopted on psychiatric assistance under which citizens were assured medical and psychiatric assistance, the prevention of psychiatric illnesses, and protection of the psychiatric health of the population. Medical assistance centres had been established which could provide identification or treatment for psychiatric problems, including depression, nervousness and stress-related problems.

The General Procurator’s Office attached great importance to the prevention of violence against women, and was studying the issue, the delegation said. Operative and other measures had been taken to eliminate these violations of the law, however, the crime of violence against women still remained of great concern. Measures were systematically taken to eliminate violence against women and within the family. Criminal legislation in the country established responsibility for acts committed against and within the family. A coordination council had been set up for legal assistance to the family, and there had been a reduction in incidents of violence. The Government was discussing a draft law on social and legal protection from violence within the family. The need for such a law was due to the fact that under current legislation there was a list of crimes against the life, health, sexual integrity and property rights of citizens, but it did not specify the list of crimes against the family, although victims in such situations suffered much more psychologically. There would be civil and legal mechanisms to protect citizens from domestic violence and to provide assistance to victims, as well as new means of recourse such as injunctions, which would make it possible to call the perpetrator to account.

In recent years, national legislation on the problem of trafficking in persons had been modernised and was developing towards existing realities. In 2003 a legislative norm had been adopted establishing criminal responsibility with regards to trafficking in persons. In 2004, a law on trafficking had been adopted, establishing a definition of the phenomenon. In 2005, an inter-agency group had been organised in order to coordinate the fight against trafficking, among other things. A programme had been adopted to combat trafficking in 2006-2007, with a basis for State policy and for Tajikistan to fulfil its obligations to the world community in this regard. The privatisation of the State medical institutions was currently not being carried out, but there were private health institutions, more than 70 of which had been licensed by the State. On the forced marriage of underage girls, often for religious reasons, Mr. Khalifabobo said Tajikistan was a secular state from the point of view of the law. Religious marriages were not recognised by the State. Children born as a result of religious marriages however were recognised by the State and enjoyed the same rights as those resulting from State-recognised marriages. On girls being forced to marry when they were under-age, this was a crime, and people had been charged for this crime. There were awareness-raising campaigns that had been carried out to prevent such instances from taking place and to allow women to understand their place in society. Arranged marriage was a tradition in Tajikistan society, but the country was not one where people were not consulted with regards to issues concerning them.

Up to 2005, in Dushanbe, the delegation said the provision of housing had been a very difficult problem. Around 620,000 people lived in Dushanbe, and it was predicted that there would be more than a million in 2010. A general plan for the development of the city had been created, with particular attention to the matter of construction. Currently there were more than 3,000 invalids from World War II, for which pensions were provided in order to improve their standard of living, and a series of measures had been implemented to ensure these pensions were available until the invalids decease. They had also been increased by Presidential Decree, and were considerably higher than the average pension in the Republic. Invalids were entitled to free health care, and were also entitled to special treatment in sanitoria. Orphans, when being looked after by the State, were provided with a full allowance, pursuant to the relevant law. Provision was also made for allowances for children who were in foster families, however, these were not fully regulated, and the issue was currently being examined by the relevant authorities, and a special law was being drafted in this regard. A minimum quota for jobs for the handicapped had been established. With regards to the issue of areas of the country where refugees and asylum-seekers had been temporarily forbidden to reside, this was the case, in order to ensure security, law and order, and protect the health of the population. As of today, there were no laws prohibiting smoking, but there were some restrictions including hospitals and schools. The Government had adopted a programme for training for a healthy lifestyle up to the year 2020.

Questions by Experts

Taking up articles thirteen to fifteen of the Covenant, Experts then raised a range of questions, including whether any attempts had been made to improve the situation of education in rural areas; access to the outside world of orphans and other wards of the State; whether the State party had envisaged for the future having a plan which would promote tolerance among ethnic and cultural groups so as to contribute towards a better atmosphere for the culture of human rights in society; if there was a law protecting the cultural patrimony; which way the reform of health care was leaning; and issues linked to sexual and reproductive health.

Response by Delegation

Responding, the delegation said Tajikistan was aware of problems in the education system, and was making increasing budgetary allocations for education every year. With regards to attendance in classes, there were no problems, and attendance for primary schooling was very high. There was a problem with regards to access to text books, but efforts were being made to increase this thanks to the Government and international organizations that financed text books, and it was hoped the issue would be resolved by next year. Many boarding schools had been created for children who were ill in some way, and efforts would continue to ensure that such children were fully educated. Not every family however wished to place their sick child in State institutions, but work was being done to change this attitude. Food aid was also provided to help children attend school.

On cultural matters, the delegation said these matters were regulated by the Constitution, and a programme to develop national minorities was being elaborated. The Ministry of Culture had developed a programme which covered all the national minorities, to whose culture particular attention was given. Tajikistan belonged to a range of international instruments on the protection of cultural and natural heritage. The Ministry of Culture gave particular attention to the culture of national minorities, including festivals and theatres. The State programme to ensure social protection of citizens, in particular the most vulnerable and preserving health guaranteed that there would be no privatisation of State health facilities. The main area of reforms of the health care system gave priority to primary health care, by providing medical and sanitary assistance, and strengthening financing. There were categories of patients who were given healthcare free of charge.

Concluding Remarks

KHAMIDAOV KHALIFABOBO, Minister of Justice of Tajikistan, in concluding remarks, said in discussing the International Covenant on Economic, Social and Cultural Rights, one of the most fundamental documents of international law had been discussed, and a whole range of questions regarding the implementation of the basic economic, social and cultural rights of the Tajik citizens had been raised. The achievements that Tajikistan had made had been underlined, as had been the large number of problems which remained to be resolved. Everything that had been achieved had its equivalent in how difficult it was to get things done, and there were objective and subjective reasons for this. The reality was that Tajikistan was at the very first stages of the difficult and complex development path. However, Tajikistan had realised where it sat in the family of Nations, and no way sought to conceal its problems, which it was making every effort to resolve. This open attitude had given international Experts a great deal of opportunities to examine Tajik society, and the proposals and suggestions made by the Committee would be a basis, a series of guidelines which would help to move Tajik society along the path of civilised development.

Tajikistan could have given the impression that it was a police State, but this was a grave error, and there was nothing to show that this was the case. As a Sovereign State, and as a fully-fledged member of the United Nations, Tajikistan deserved to be respected. In Tajikistan, people were entirely normal and free, they respected each other, their country and their Nation. With regards to the Uzbek opposition to the existing Government, Uzbeks living in Tajikistan were fully-fledged citizens of the country, and were masters of the country as were every other citizen. There were a large number of Uzbeks in prison, but this was due to their belonging to a recognised terrorist group. The members of the organization in question were only prosecuted according to Tajik law.

The Members of the Committee were thanked for their open and considerate dialogue that had been very useful. Tajikistan was aware of its commitments, and was trying to implement these in an open way. A new, young, independent State, it was making efforts to implement universal human rights values. The Committee was thanked for making fundamental observations, that would be an excellent basis for solving the problems that the country faced.

VIRGINIA BONOAN-DANDAN, Chairperson of the Committee, in concluding remarks, said it had been a congenial exchange and dialogue, through which the Committee had been able to gain more information on the situation of economic, social and cultural rights in Tajikistan. Considering this was the initial report, the Committee looked very much forward to the second report. The concluding observations of the Committee would be transferred to the Mission of Tajikistan at the end of the session, and it was hoped these would be of assistance in better implementation of the Covenant.