TAJIKISTAN: Children's Rights in the UN Special Procedures' Reports

Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.

Please note that the language may have been edited in places for the purpose of clarity.

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UN Special Rapporteur on adequate housing

A visit has been agreed in principle and/ or is under consideration

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UN Special Rapporteur on Violence against Women, its Causes and Consequences, Yakin Ertürk

(A/HRC/11/6/Add.2)

Country visit: 15-23 May 2008
Report published: 29 April 2009

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General context: When Tajikistan was a Soviet Republic (1929-1991), despite poverty, its people enjoyed some of the socio-economic benefits offered by the Soviet model of development. In 1992, with a Human Development Index of 0.629, Tajikistan compared to the 0.649 averaged by United Nations Development Programme's (UNDP) "medium"-income countries. A range of social and health benefits were made available to families with children, persons with disabilities and the elderly. Education was compulsory up to grade 11 for both girls and boys, facilitating near-universal literacy at independence. Life expectancy at birth averaged 70 years.

 The legal reforms undertaken during the Soviet period contributed significantly to improving women's status, as secular institutions and laws became established. Certain practices such as polygamy, the payment of bride price (kalym), and marriage without consent were banned. The minimum age for marriage was set at 18 for boys and girls. Programmes, such as quotas, to ensure women's representation in political and administrative processes at all levels of governance were adopted. Thanks notably to generous maternity leave and free day care, women constituted 40 per cent of the labour force. They remained, however, underrepresented in decision-making positions and in industries.

Patriarchal gender relations in private life were not necessarily altered by the Soviet emancipation process. Upon independence, as the country moved away from its Soviet past, hard-line patriarchal values, presented with religious overtones, gained prominence in public discourse. Women's domestic and reproductive roles as well as the primacy of family preservation surfaced as highly cherished values. Within this context, women are required to be obedient and subservient to their husband and his family and deviations from this norm justify disciplinary measures and adverse consequences. Practices such as polygamous, unregistered and early marriages have also resurfaced and appear to be largely tolerated across society, including by some officials of this secular country.

The resurgent traditionalist patriarchal values are also supported by the changing material basis of women's rights. As the country liberalised its economy, Tajik women became unemployed, dispossessed and dislocated, and lost many of the public benefits previously available to them. State provisions for childcare, maternity and health services withered away, and industries that employed women closed down. At the same time, the decrease in male population due to the war and the labour exodus that followed left many women as the sole providers for their families.

With the withdrawal of quotas, women's political representation sharply declined. The gender gap in education, particularly illustrative of the intersection between poverty and patriarchy, has widened, resulting in a steady decline in school attendance of girls, in particular at the secondary and tertiary levels. While in 2006 girls made up 47 per cent of students in grades 5 to 9, in grades 10 and 11 they comprised only 39 per cent, possibly fewer given the likelihood of underreporting. Although poverty and the need for agricultural labour are often shown as the reason for the decline in school attendance for girls, it is worth noting that, when responding to such bottlenecks, families are more likely to withdraw girls than boys from school. (paragraphs 8-12)

Despite the relative decline in income poverty, the worsening of social and health indicators constitutes a threat to human well-being. Life expectancy for women dropped from 72.9 years in 1991 to 69.7 in 1998 and 68.1 in 2008, the corresponding figures for men being 67.3, 64.3 and 61.95 years, respectively. While the acute poverty due to the turmoil of the 1990s has been identified as transient in nature, when young generations - especially women and girls - are deprived of the resources and services needed for the development of their capabilities, poverty in the longer term is likely to deepen and become chronic. In this regard, emerging trends in school dropout rates, early marriage for girls and women's lack of professional expertise and training are reasons for continued impoverishment. The situation is particularly dire in rural areas, where poor infrastructure compounds the burden on women. (paragraph 14)

Violence against girls: Nearly half of the population in Tajikistan is under 18, with 36.4 per cent under 14 (2007). There is no authoritative data on the nature and extent of violence against children and no systematic process or centralized database for registering cases. Nonetheless, research and observations from State, international and non-governmental organizations confirm the high levels of psychological, physical and sexual violence and exploitation against children generally, and girls to a larger extent than boys. Research shows, for instance, that 20 to 60 per cent of children experience violence in the family (with other findings specifying that 37 to 58 per cent experience psychological abuse at home), 23 to 50 per cent experience violence at school and other institutions, and 12 to 32 per cent of children experience and/or witness physical violence on the streets.

Violence against children is generally tolerated by society, including by officials, unless it leads to serious injuries. In a 2002 WHO study, 40 per cent of parents said that physical violence was an acceptable punishment for children, while 44 per cent of children said they would not denounce abuse, based on the belief that their parents had the authority to use violence as a form of punishment. A large majority of parents admit they use emotional force/abuse against their children, with 80 per cent saying they shout and curse them, over 30 per cent prohibiting children from leaving the house or playing.

Girls are at particular risk of violence and maltreatment, although data on abuse against them is fragmentary. Two out of three girls reported that they feel more susceptible to violence in the home than boys. It has been particularly problematic to address sexual abuse against girls, because of the lack of recognition of the problem within society, the fear among victims that they will be considered responsible and become ostracised, and the low incidence of cases reported or brought to court. I met girls who were rape victims and who, due to mistreatment or rejection by their parents, ran away from home into the streets, where they became subject to exploitation and further abuse. These girls are not accepted into children's homes, and specialised institutions which can provide the assistance needed do not exist. As a result, such girls may be detained in hospital wards for long periods of time or placed in the "Special School", a closed institution for boys between ages 11 to 14 who have committed a criminal act or whose behaviour is deemed to be beyond parental control.

The story of Sana, a 14-year-old rape victim, is typical of the situation of the girls housed in the Special School. Sana ran away from her home in a village to Dushanbe to live with her aunt, with whom she sold food on the street. A woman she became acquainted with lured her to her house and sold her to three men. Sana lost consciousness at one point and when she awoke she  as covered in blood and the men were gone. She managed to get out of the house and reached a policeman, who took her to the Temporary Isolation Centre for Minors. After explaining what happened, Sana was taken to the hospital where it was confirmed she had been raped. Following her testimony the police opened a criminal investigation, and a case was brought against the woman and the three men involved. The woman was convicted to 25 years of imprisonment, and the three men to 17 to 20 years' imprisonment. After two months of treatment in the hospital Sana was referred to the Special School by the Commission on Minors. Her parents do not want her because they feel that she has become "tainted" and a disgrace to the family. (paragraphs 28-31)

Trafficking: Girls and women are also vulnerable to trafficking and sexual exploitation outside Tajikistan, such as to the United Arab Emirates and the Russian Federation. Some 300 girls and women were trafficked to the United Arab Emirates in 2000. According to the International Organization for Migration (IOM), 107 victims of trafficking were repatriated from the United Arab Emirates from 2005 onwards, ensuing in 45 proceedings against traffickers, most of which resulted in conviction. Today, victims identified through support services and investigations are in fewer numbers, although women and girls remain vulnerable to trafficking, given the continuing difficult socio-economic conditions in the country. IOM data shows that from June 2005 to March 2008, 136 victims were identified, among whom 105 victims of sexual exploitation. In early 2008, 60 persons had visited the IOM shelter in Dushanbe since its creation, while 34 minor victims of trafficking received assistance in the Khujand shelter from 2006 to early 2008. Government data shows that, from March 2005 to August 2006, 123 victims were identified, resulting in the opening of 77 criminal cases. In 2007, authorities reported 12 investigations, 19 prosecutions and 11 convictions. (paragraph 32)

Suicides and murders: Abused women and girls are at heightened risk of suicide. The Khatlon survey revealed that 70 per cent of women who had thoughts of suicide and 70 of those who actually attempted suicide reported experiencing physical violence from their husband. Other reasons for suicide are said to be abuse by in-laws, polygamy, early/forced marriage, or problems related to the husband's working abroad. (paragraph 33)

Women in unregistered marriages are said to be more vulnerable to being subjected to violence and abuse, and have more difficulty ending an abusive relationship due to lack of support, alternative housing and legal protection, compared to women in a civil marriage. A 1999 WHO survey found that 52 per cent of women in unregistered marriages, compared to 40 per cent of women in registered marriages, experienced sexual abuse; 67 per cent of women in unregistered marriages versus 51 per cent of women officially married experienced psychological abuse. Many of the former, along with their children, are also most likely to be abandoned or evicted from their home by their de facto husband or his relatives.

The rise in unregistered marriages is invariably accompanied by early and polygamous marriages. Evidence shows that girls are being married at an increasingly younger age, and often against their will. The legal age of marriage has also been reduced from 18 years in Soviet times to 17 (art. 13, Family Code), for both boys and girls. Under some circumstances, such as pregnancy, marriage may be concluded at 16. Marriages under the legal age are criminalised under the Criminal Code and cannot be registered officially. An unregistered religious marriage offers a way out for those wishing to wed their daughters at a young age. Early marriages -whether registered or not - have adverse impact on girls' physical and psychological development as well as their attendance in school and their acquisition of professional skills, thus limiting their life choices. (paragraphs 43 & 44)

Legislation: While various provisions under the Criminal and Family Codes can be used to address violence against children, such as chapter 20 of the Criminal Code on "crimes against family and minors" and provide sanctions against parents/step-parents in the event of abuse/neglect of a child in the Family Code, many of my interlocutors deplored the absence of specific regulations to comprehensively address such violence. Encouragingly, the Government has adopted a National Plan for Protection of the Rights and Interests of the Child (2003-2010), which recognises the need to protect children from violence and deplores the lack of measures in this regard. (paragraph 61)

Institutional framework: The National Commission on Child Rights, established in 2001 to implement the Convention on the Rights of the Child and coordinate policies and activities of government bodies and NGOs working on children's issues, is said to have limited capacity to manage and oversee child protection and welfare services. (paragraph 65)

Reporting and prosecution: There is underreporting of violence against women and girls. Revealing domestic problems to the outside or seeking divorce are considered inappropriate behaviour for women.60 Lack of a protective infrastructure and practices by law enforcement and judicial bodies further hamper better reporting. (paragraph 66)

While there is mandatory reporting by health professionals of cases of domestic violence - a measure considered by some as a deterrent for some women to seek help from health services - there is no specific diagnostic protocols and procedures for documenting cases of child abuse. A study by UNICEF revealed that most State bodies do not adequately identify, report and refer cases of violence against children. Since 2003, pilot "child rights departments" have been set up in selected towns, offering child protection services and investigating/registering cases. In the absence of a legal definition of violence against children, established penalties for offenders and official protocols for reporting, registering and responding to cases of violence against children, these departments are limited in their ability to address such violence. (paragraph 71)

There is no institution in Tajikistan for children victims of abuse, and none that provides specialised assistance for girl victims. Instead, children are placed along with other abandoned, neglected and criminal children in poorly run State institutions, as discussed earlier in this report. A planned "girls' support centre", which would offer psychosocial and residential services for girls at risk and victims of sexual abuse/violence, will considerably improve the situation. (paragraph 77)

Recommendations

- Promote the value of girls' education among parents, teachers, and girls themselves, including by funding special programmes in areas with low schooling rates for girls, increasing scholarships for girls to attend higher education

- Amend the Law on Education to raise the grade of compulsory education from 9 to 11

- Prioritise vocational training programmes for women and girls who are particularly marginalised, abandoned and victimised to abuse

Elimination of violence against women and girls:

- Establish centres that provide psychosocial, legal and residential services to girls under 18

- Adopt protocols to stipulate and regulate the procedures to be taken by State bodies to report, register, respond to and refer cases of violence against children

- Conduct and support awareness-raising campaigns on domestic violence and women's rights, which specifically target religious and community leaders, girls and boys, men, and women particularly in rural areas

Marriage practices:

- Amend the Family Code to increase the minimum legal age of marriage for women and men to 18, in line with the Convention on the Rights of the Child and general recommendation 21 of the Committee on the Elimination of

Statistics and research:

- Gather data on the types of abuses faced by girls under age 18

(paragraph 84)

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UN Special Rapporteur on freedom of religion or belief, Asma Jahangir

(A/HRC/7/10/Add.2)

Date: 26 February to 3 March 2007
Report published: 27 November 2007

Religious education: Children may be taught religious doctrine and receive religious education from the age of seven with the written consent of their parents or guardians, and from the age of 16 and with their consent, in their free time after school. (para 15)

Legislation: In early 2006, a draft law on freedom of conscience and religious association was prepared by the State Committee on Religious Affairs with a view to replace the 1994 Religion and Religious Organizations Act.

The text of the draft law has been widely criticised by religious communities in Tajikistan. The Special Rapporteur on freedom of religion or belief sent a letter to the government of Tajikistan in May 2006, noting concerns that the draft law, if adopted in its current state, could lead to limits on the rights of religious communities. For example, article 16 of the draft law stipulates that all non-registered religious activity is prohibited.

The law continues articles establishing that any religious organisation or union must have at least 20 founding members and allow religious education only for children over seven. (para 17)

Both religious and secular schools require approval by the Ministry of Education. Such a licence for schools and vocational schools is valid for five years, after which time an application to renew the licence must be made. The revocation of licences is also possible before the end of the five-year period, for example, after a school inspection. (para 26)

Current legislation also provides that children under 18 cannot attend mosques for Friday prayers because they should be in school. The Special Rapporteur received reports following her visit that the local authorities in Dushanbe sent police into a number of mosques to look for children who should have been in school. One such police raid, at Dushanbe's main mosque on 16 March 2007, allegedly ended in confrontation as members of the congregation tried to stop police from taking children away. Eventually, the children managed to break free and the crowd started an impromptu demonstration. (para 27)

Following conversion from Islam to another faith, many converts face problems in the community. Questions linked to the upbringing of children can pose particular social problems. (para 30)

Religious leaders are reportedly complicit in many cases of under age marriage, for example, by celebrating such weddings which are prohibited by law. The legal age of marriage in Tajikistan has been lowered to 17. (para 42)

Women and girls experience discrimination as a result of traditional attitudes. In rural areas, many girls do not have passports and use birth certificates for identification purposes. Girls' access to schools has worsened, partly because of a preference for sending boys to school. (para 42)

The Special Rapporteur was informed that a robe fully cloaking the body and head was not the traditional dress in Tajikistan but had been imported from abroad. The Ministry of Education adopted a decision on the introduction of a uniform for schoolchildren, but the authorities stressed that nobody was prevented from obtaining a school certificate for wearing a headscarf. (para 44)

Recommendations

The Special Rapporteur recognises the difficulties facing the government in providing quality education, noting that an estimated one-fifth of schools in Tajikistan were destroyed during the civil war during the 1990s.

However, she emphasises that providing quality education is crucial for the development of society. In this context, she drew the government's attention to the outcome document on the International Consultative Conference on School Education in relation to Freedom of Religion or Belief, Tolerance and Non-discrimination, held in Madrid in November 2001. This could serve as a useful guide for educational policies aimed at strengthening the promotion and protection of human rights, eradicating prejudices incompatible with freedom of religion or belief and ensuring respect for and acceptance of pluralism, diversity and of the right not to receive religious instruction inconsistent with one's own conviction. There have been some promising recent initiatives in Tajikistan to train teachers, students and civil society members on religious identity, Islam and peace-building. Such efforts could eventually lead to a better understanding of freedom of religion and the role of religion in identity, conflict and conflict resolution. (paras 60, 61)

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UN Special Rapporteur on the independence of judges and lawyers

(E/CN.4/2006/52/Add.4)

Date: 25 September to 1 October 2005
Report published: 30 December 2005

The Special Rapporteur expressed concern about the following issues:

There is no separate juvenile justice system. This is particularly worrying in light of the fact that 52 per cent of the population is under 19. There are two specific guarantees for children in conflict with the law in Tajik legislation: first, the mandatory presence of a defence lawyer at trials, and second, the mandatory presence of a pedagogue during any investigative action. (para 82)

Detention: A significant number of children are imprisoned in the absence of alternative sentences even though the juvenile crime rate is low. (para 82)

Children in street situations: Children found on the streets are frequently detained even where they are not suspected of having committed a criminal offence. The Rapporteur notes that this amounts to unlawful detention and breaches article 19.2 of the Constitution and article 37 of the UN Convention on the Rights of the Child. (para 82)

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