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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Tajikistan - 12th Session - 2011 Scroll to: National Report Not available yet, will be posted as soon as it is released! 1. The Committee on the Rights of the Child (CRC) recommended that Tajikistan consider ratifying the CRPD and its Optional Protocol; the CED; OP-ICESCR and OP-CAT. The United Nations Country Team (UNCT) recommended that Tajikistan consider ratification of the ICCPR-OP2. 8. CRC welcomed the establishment of the Human Rights Ombudsman Institution. It recommended that Tajikistan ensure that the structure and functions of this Institution are in line with the Paris Principles and provide it with adequate resources. Furthermore, CRC recommended that Tajikistan consider establishing a Children's Rights Ombudsman. 9. While welcoming the adoption of the National Plan of Action for Children for 2003-2010, CRC regretted that there was no mechanism to follow up and evaluate its implementation. 10. UNCT noted the functioning of various national bodies entrusted with human rights protection, including the commissions on the rights of the child and on the implementation of Tajikistan's international obligations in human rights. In this respect, CRC recommended that Tajikistan allocate sufficient resources to the Commission on the Rights of the Child. The Special Rapporteur on violence against women recommended that Tajikistan strengthen the institutional capacity of the Committee on Women and the Family with enhanced political authority and sufficient resources. 19. CRC remained concerned about the persisting de facto discrimination against girls and about high school dropout rates of girls in rural areas due to negative traditional and religious attitudes on the roles of girls and women in the society. 20. CRC remained concerned at discriminatory attitudes and discrimination against children with disabilities. 21. UNCT stated that, despite overall poverty decline, disparities were observed across the regions and that urban poverty continued to be lower than rural poverty. CRC was concerned that child poverty was higher than overall poverty. CRC was also concerned at the regional disparities in the standards of living. CESCR urged Tajikistan, inter alia, to address the significant rural and urban disparities in health-care provisions. 27. CRC was concerned at: the high prevalence of domestic violence, particularly against women and girls; the societal acceptance of widespread violence and the impunity of perpetrators. The Special Rapporteur on violence against women stated that violence against women went largely unreported and that the State bodies' responses to protect and support victims of violence and prosecute perpetrators had been insufficient. 29. CEDAW was concerned that Tajikistan remained a country of origin and transit for trafficked women and girls. UNCT noted that in some cases men who voluntarily travelled to other countries were subjected to labour exploitation. It noted the absence of a formal referral system and of specific budgetary allocations for victim protection in 2010. 30. Furthermore, CRC was concerned that Tajikistan did not adequately prosecute and convict perpetrators complicit in trafficking and ensure that victims have access to protection. CAT was concerned at alleged involvement of officials in acts of human trafficking. CEDAW called on Tajikistan to effectively implement its programme to combat human trafficking for 2006-2010, effectively enforce the Trafficking in Persons Act and to intensify international and bilateral cooperation to further curb the phenomenon. 31. In 2010, CRC was concerned that there were no explicit prohibition and sanctions in the legislation to prevent child labour and about the high prevalence of child labour in informal and service sectors, and in agriculture, principally in cotton fields. Similarly, ILO Committee of Experts on the Application of Conventions and Recommendations noted the information that a significant number of children assisted their parents in the cotton fields and that the practice of having children work in the cotton fields by the educational establishments existed. In 2011, UNCT noted the progress in enforcing the prohibition of child labour in the annual cotton harvest. 32. CRC was also concerned about the high prevalence of domestic work, which affected girls and caused an increasing number of dropouts of girls, especially in rural areas. CRC recommended that Tajikistan eradicate child labour by addressing the root causes of economic exploitation through poverty eradication and education, enforce minimum-age standards and strengthen the labour inspectorate. 33. CRC regretted that corporal punishment was not explicitly prohibited and was used as a disciplinary measure at home, and in schools and child care institutions. CRC recommended that Tajikistan, inter alia, enact legislation in order to explicitly prohibit corporal punishment in all settings; organize awareness campaigns on the negative impact of corporal punishment on children; and investigate reported cases of corporal punishment. 41. While noting the adoption of the National Action Plan on Juvenile Justice Reform 2010-2015 and of relevant legislative amendments, UNCT stated that the juvenile justice system did not fully comply with international standards. Likewise, CAT expressed concern at the lack of a well-functioning juvenile justice system. CRC was concerned that: the criminal justice system lacked juvenile courts and judges who specialized in juvenile justice; children below 14, despite the age of criminal responsibility set at 14, were frequently subjected to arrest and detention; and children aged 16 or above were kept in closed institutions for minor offences. 42. Additionally, UNCT stated that although the majority of juvenile offences were low-level crimes, the system responded with punitive measures by focusing on deprivation of liberty, rather than rehabilitation and reintegration. Furthermore, children who were imprisoned received limited rehabilitation, education or vocational training. 44. CEDAW was concerned that forced marriages continued to take place, including with women below the legal age for marriage. 45. CRC was concerned about the existence of the practice of religious unregistered marriages (nikah) of young girls, especially in rural areas, into polygamous arrangements. CEDAW was concerned that polygamous unions were not uncommon, and by the fact that second and subsequent wives did not have any rights concerning property and inheritance. While noting that polygamy was prohibited in the Criminal Code, CRC was, however, concerned that Tajikistan rarely prosecuted such cases. CRC urged Tajikistan, inter alia, to enforce the provision of the Criminal Code on polygamous marriages, by investigating and prosecuting such practices and hold those who perform religious marriages of underage girls criminally responsible. 47. CRC was concerned that the number of children in State institutions had increased and that many parents preferred institutionalization of children for economic reasons. It was also concerned at the new tendency of temporary institutionalization of children because of migration of their parents. 48. CRC regretted that the institutionalization of children with disabilities remained a common practice.i UNCT noted that community-based and family-based care services for children with disabilities were limited. 49. CRC remained concerned that in remote rural areas the registration of birth was not fully implemented and that in some urban households children were not registered owing to the mandatory fees. Furthermore, UNCT mentioned several reasons for non-registration of births, including low capacity and a lack of resources of the registration offices. CRC recommended that Tajikistan, inter alia, remove administrative and financial obstacles that deter parents from registering their children. 60. ILO Committee of Experts noted that the new Labour Code lowered the minimum age for employment from 16 to 15 years and requested Tajikistan to take measures to fix the minimum age at 16, as specified upon ratification, with the exception of light work. 67. CRC was concerned about limited access to quality medical services in remote rural areas due to the absence of medical establishments and shortage of medical personnel.ii CRC recommended that Tajikistan, inter alia, increase substantially the proportion of GDP directed to health care and improve the health-care infrastructure. 68. UNCT referred to data that indicated reductions in infant mortality rate and child mortality. It noted that prenatal conditions and respiratory infections continued to be the leading causes of child death. CRC was concerned about high rates of malnutrition among children. 69. CRC was concerned about the lack of children's access to sanitation and clean, sufficient, reliable and affordable drinking water.iii Similar observations were made in UNDAF. 70. CEDAW was seriously concerned about the limited access to adequate health-care services for women, especially women in rural areas. It was concerned about the low contraceptive prevalence rate and the reported lack of knowledge of young girls about HIV/AIDS. CEDAW recommended that Tajikistan improve women's access to general and reproductive health care and the availability of sexual and reproductive health services. 71. While welcoming the adoption of the National Programme to prevent and combat HIV/AIDS, CRC, in 2010, expressed concern at the lack of reliable data on the number of HIV/AIDS patients, which were increasing and about low-level awareness and knowledge among youth about HIV/AIDS. In 2006, CESCR was also concerned at the rapid spread of HIV, in particular among drug users, prisoners, sex workers and migrant workers returning to the country. CRC urged Tajikistan to take measures to reduce HIV/AIDS infection through, inter alia, pursuing awareness-raising efforts to prevent the incidence and spread of HIV/AIDS. 74. According to UNDAF, the number of preschool institutions had declined. 75. CEDAW was concerned that there was a notable rate of non-attendance by girls at primary schools, a decline in the enrolment of girls in secondary schools, and a low enrolment rate of female students in higher education.iv UNCT concluded that a low standard of living, increased direct cost of education and revival of traditional views on the role of women in a family and society were among major factors that contributed to low enrolment and attendance rate of girls. CEDAW urged Tajikistan to address the obstacles which prevented girls from attending school or continuing their education. 76. UNCT stated that while education infrastructure had been improved and public spending on the education sector had increased, school infrastructure and conditions remained poor and about 85 per cent of schools operated in two to three shifts owing to a chronic lack of school infrastructure. UNCT referred to several other factors that led to the decrease in the quality of education, such as inadequate training of teachers and the low level of remuneration of teachers. Furthermore, CRC was concerned that children's education was hampered by, inter alia, difficult access to education for children from low income families and girls, and the lack of resources. 77. In 2010, CRC recommended that Tajikistan increase the percentage of GDP allocated to the education sector. ILO Committee of Experts requested Tajikistan to improve the education system, in particular by increasing school enrolment and attendance rates and reducing school drop-out rates. 78. CRC was concerned about insufficient training for teachers in minority languages and the lack of school textbooks and materials in minority languages. 85. CRC noted that Tajikistan has faced the consequences of civil war and serious economic and social challenges. Furthermore, UNDAF reported that the global financial crisis seemed having a significant impact on employment and remittances, as well as public expenditures. 9. JS1 reported that Tajikistan submitted reports to all United Nations treaty bodies, except three reports that were due in 2008 and 2010. Furthermore, Conscience Peace Tax International (CPTI) reported that Tajikistan should be encouraged to submit its initial report under the Optional Protocol to the Convention to the Rights of the Child on the Involvement of Children in Armed Conflict, after nine years of its ratification. 12. Despite a number of positive measures to overcome gender inequality and increase the role and the status of women in the society, JS2 reported that there was no actual equality between men and women in all spheres of life. JS2 indicated that women did not have de facto equal rights to education, land, credits and other resources and occupied secondary positions in the government. Furthermore, JS2 added that patriarchal family traditions and existing stereotypes on the role of woman in the family fostered isolation of and discrimination against girls. 15. JS2 reported on persistent discrimination against persons with disabilities in terms of employment opportunities, career development, access to education, medical and legal assistance, and other benefits. Furthermore, women with disabilities were subject to more serious discrimination by the society and in their families, especially in rural areas. JS2 stated that girls with disabilities were isolated by their parents and were not allowed to attend special schools or secondary schools and they were subject of psychological pressure. JS2 recommended that Tajikistan develop and adopt a new set of criteria for defining disability in the national legislation in compliance with international standards and adopt measures raising the level of awareness of the population in order to eliminate stigma and discrimination against people with disabilities. 23. CPTI referred to the reported allegations of irregular methods of recruitment into the armed forces. JS1 reported on persons being forcibly sent to conscription centres and indicated that appeals against a decision of the draft commissions did not suspend the execution of the commissions' decision and conscripts were sent to military units. JS1 also reported on shortfalls in medical examination in order to decide on conscripts' fitness for the military service which could get those who were not suitable for the military service be mobilized. Furthermore, CPTI referred to reported allegations that as a result of resorting to irregular forced recruitment, young men aged under 18 had in practice been conscripted into the armed forces. JS1 recommended that Tajikistan eliminate the practice of unlawful and arbitrary capture and sending of persons of military age to military units; develop precise, accessible and effective compliance mechanism against decisions of draft commissions and, organize medical examination commissions under the state health institutions. 33. JS2 recommended that Tajikistan provide a clear definition of 'child labor' in the legislation and eliminate child labor, as it was widely used in cotton fields, in markets and within families. 34. JS2 reported that, in the absence of legal prohibition of corporal punishment, the use of disciplinary punishment of children, including corporal punishment, was a widespread practice in families and in schools. Furthermore, there was no established complaint procedure for such cases. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) stated that provisions against violence and abuse in the legislation were not interpreted as prohibiting corporal punishment in childrearing. It also reported that corporal punishment was prohibited as a sentence for crime, but was not explicitly prohibited as a disciplinary measure in penal institutions as well as in alternative care settings. It urged Tajikistan to enact legislation to achieve the prohibition of corporal punishment of children in all settings, including in the home and schools as a matter of priority. 42. JS2 stated that despite the remarkable reforms of the Criminal Procedure Code, there was no separate juvenile justice system and no mechanism for the prevention of juvenile delinquency nor any alternative justice for children. JS2 recommended that Tajikistan introduce a separate system of juvenile justice and develop and adopt the program on prevention of juvenile delinquency and alternative justice, including by reforming closed facilities into open child centers. 46. JS2 stated that the recent amendments to the Family Code increased a marriage age and thus, it provided additional protection to minors against forced marriages. 51. JS2 reported on the increasing number of children in foster homes and orphanages and on their unacceptable living conditions. JS2 recommended that Tajikistan define basic legislative standards for the state support of children in state institutions and develop and support the practice of foster parenting, family foster homes and other types of alternative care. 71. While noting the implementation of health reforms, JS2 indicated that child and maternal morbidity and mortality rates remained very high, especially in rural areas, which was caused by, inter alia, the absence of mobile medical facilities and ineffective system of child and mother care. JS2 also reported that ambulatory patients did not have access to anesthetics and opiates owing to the absence of relevant regulatory framework and specialized pharmacies. 78. JS2 reported that the right to education of children with disabilities was violated, as they either received poor quality education at home or faced challenges owing the lack of accessibility of buildings when they attend educational institutions. JS2 recommended that Tajikistan continue implementing a program of inclusive education. 79. JS2 stated that children left without parental support did not have opportunity to access to higher education. While the legislation provided benefits for these children for the admission, it did not, however, address the transportation, accommodation and food costs during the study. Accepted and Rejected Recommendations The following recommendations were accepted: A - 88.12. Establish a mechanism to follow up and evaluate the implementation of the mentioned national plan of action for children for the period 2003–2010 (Turkey); A - 88.13. Strengthen efforts to fulfil its obligations under CEDAW and CRC (Australia); A - 88.17. Further legislative and policy measures aimed at ensuring gender equality and combating violence against women and girls (Brazil); A - 88.45. Establish the necessary measures and legislation to reform the judicial system in conformity with international standards on justice, including a juvenile justice system, and, in particular, guarantee the tenure of judges and magistrates (Mexico); A - 88.53. Ensure that abusive child labour practices are eliminated and promote access to education of these children in a vulnerable situation (Uruguay); A - 88.55. Incorporate in the domestic law the explicit prohibition of child labour; adopt an array of measures to guarantee inclusive education and the nondiscrimination of children with disabilities in the regular education system (Spain); A - 88.56. Continue efforts to expand the right to education, especially in connection with the education of children (Saudi Arabia); A - 88.57. Develop programs allowing girls to stay in the educational system and avoid early drop-outs and the same should be provided for children with disabilities (Costa Rica); A - 88.67. Increase its efforts in the area of health, education, guarantee the interest and protect rights of women and children, and promote overall social and economic development (China); A - 89.2. Envisage an explicit reference to the ban of child’s labour in the national law (Morocco); A - 89.3. Consider enacting legal prohibition to the use of corporal punishment (Brazil); Enact legislation to achieve the prohibition of corporal punishment of children in all settings, including in the home and in schools as a matter of priority (Romania); A - 89.4. Adopt legislation to explicitly prohibit all forms of corporal punishment everywhere, launch awareness-raising campaigns on the negative impact of corporal punishment in children; and provide training to teachers, parents, community leaders and penitentiary institutions officers (Uruguay). The following recommendations were rejected: R - 91.1. Revise its Law on the Responsibility of Parents for the Upbringing and Education of Children of 2 August 2011, which contains provisions highly endangering the freedom of religion and the aims of the CRC (Germany); The following recommendations were left pending: P - 90.28. Prohibit corporal punishment of children in all settings and guarantee children’s rights to adequate standard of living with special attention to orphans, providing them with access to safe drinking water and education (Slovenia); P - 90.37. Introduce a separate system of juvenile justice, with particular emphasis on rehabilitation and reintegration activities, stop the application of isolation measures on juveniles and ensure that the minimum age of fourteen for criminal liability in domestic and international law is respected without exceptions (Austria ); P - 90.45. Repeal laws that negatively impact religious freedom, such as those that limit the right of women and minors to participate in religious activities, ban some minority religious groups and penalize unauthorized religious activity (United States); P - 90.48. Enact legislation to prohibit, prevent and sanction child labour in all service sectors (Canada); P - 90.49. Eliminate child labour through sanctioning violations of the minimum age standards and strengthening the labour inspectorate (Austria); Tajikistan offered the following comments: 92.1. Regarding the recommendation No. 91.1, the Law on the Responsibility of Parents for the Upbringing and Education of Children is in line with Tajikistan’s international obligations; it expresses the will of the people of Tajikistan and is aimed at protecting the interests of children;
3rd October 2011, 10am - 1pm
UN Compilation
Stakeholder Compilation
Accepted and Rejected Recommendations