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Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order. ______________________________________________ The prevalence of domestic violence perpetrated against women and girls UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee welcomes the creation of a department for the social protection of the family and children in the Ministry of Labor and Social Protection as well as development of training programmes for social workers of the department. Nevertheless, the Committee is deeply concerned at the high prevalence of domestic violence, particularly against women and girls. The Committee is also concerned at the societal acceptance of widespread violence and the impunity of perpetrators due to the lack of legislation, social programs and a national plan to prevent, eradicate and punish violence against women and girls. The Committee recommends that the State party: a) Enact legislation on social and legal protection against domestic violence; b) Develop a national plan to prevent and eradicate violence against women and girls, including public sensitisation and education that domestic violence is unacceptable, capacity building for law enforcement and judiciary, protection and rehabilitation of victims as well as punishment of perpetrators. c) Implement recommendations made by the Committee on the Elimination of Discrimination against Women in relation to domestic violence in 2007. (Paragraphs 48 & 49) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, February 2007) The Committee urges the State to enact, without delay, the draft bill on social and legal protection against domestic violence. Such legislation should ensure that: violence against women and girls constitutes a criminal offence; women and girls who are victims of violence have access to immediate means of redress and protection, including protection orders and availability of a sufficient number of shelters; and perpetrators are prosecuted and adequately punished. The Committee also recommends that the State ensure training for police and justice sector employees, as well as health-service providers, on all forms of violence against women, especially domestic violence. (Paragraphs 21, 22) UN Special Rapporteur on Violence against Women, its Causes and Consequences Country visit: 15-23 May 2008 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 centralised 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. There is underreporting of violence against women and girls. Revealing domestic problems to the outside or seeking divorce are considered inappropriate behaviour for women. Lack of a protective infrastructure and practices by law enforcement and judicial bodies further hamper better reporting. (Paragraph 66) 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) ------------------------------------------------------------ The high number of women and children trafficked from or through the State for purposes of sexual exploitation and forced labour and the fact that the State party does not adequately prosecute and convict perpetrators complicit in trafficking UN Committee on the Rights of the Child (Concluding Observations, January 2010) While noting significant efforts made by the State party ratifying several international instruments and introducing new legislation in the area of human trafficking, the Committee is however concerned that the State party does not adequately prosecute and convict perpetrators complicit in trafficking, including for purposes of sexual exploitation and ensuring that victims have access to protection. It is concerned that the State party excessively relies on the international community to conduct trafficking awareness campaigns and to ensure victims have access to assistance and protection. The Committee recommends that the State party: a) Implement fully the national legislation against trafficking in persons, including for sexual purposes. b) Strengthen measures to protect children who are victims of trafficking, including for purposes of sexual exploitation as well as bring perpetrators to justice; c) Train law-enforcement officials, judges and prosecutors on how to receive, monitor and investigate complaints on trafficking and sexual exploitation in a child-sensitive manner that respects confidentiality; d) Ensure that education and psychological assistance and counseling, are provided to child victims of trafficking; and e) Negotiate bilateral agreements and multilateral agreements with countries concerned, including neighbouring countries, to prevent the sale, trafficking and abduction of children, and develop joint plans of action between and among the countries involved. f) Conduct awareness raising campaigns to prevent and combat trafficking. (Paragraphs 68 & 69) Human Rights Committee (Concluding Observations, July 2005) The Committee expresses concern that despite progress made by the State to address trafficking in persons, Tajikistan is still a major source country for trafficking in women and children. The Committee urges the State party to intensify its efforts to combat this problem, in collaboration with neighbouring countries with a view to protecting the human rights of victims. (para 24) UN Committee on Economic, Social and Cultural Rights (Concluding Observations, November 2006) the high number of women and children that continue to be trafficked from or through the State for purposes of sexual exploitation and forced labour, in spite of the State's adoption of the 2004 Act on Trafficking in Persons. (para 30) UN Committee against Torture (Concluding Observations, November 2006) The Committee expresses concern about continuing allegations of violence and abuse of women and children, including human trafficking and sexual violence. The Committee is concerned about the alleged involvement of officials in acts of trafficking and the absence of information on prosecutions in relation to these crimes. The Committee urges the State to take effective measures to prosecute and punish violence against women and children and trafficking in persons by: developing, adopting and monitoring appropriate legislation; raising awareness about the problem; and training law enforcement personnel and other relevant groups. (para 8) 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) ------------------------------------------------------------ The high number of girls who enter into early marriage UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee is concerned that the minimum legal age for marriage in Tajikistan has been reduced to 17. The Committee urges the State party to revert to 18 years as the minimum legal age of marriage for women and men, as recommended by the Committee on on the Elimination of Discrimination against Women in 2007. (Paragraphs 24 & 25) The Committee is concerned about the existence of the practice of religious unregistered marriages (nikah) of very young girls that are persistent, especially in rural areas, into polygamous arrangements. While noting that polygamy is prohibited in the Criminal Code, the Committee is however concerned that the State party rarely prosecutes such cases. It notes that such girls often become victims of domestic violence. The Committee urges the State party to a) Enforce the provision of the Criminal Code on polygamous marriages, by investigating and prosecuting such practices; b) Involve the civil society and religious leaders to prevent and combat early marriages and polygamous marriages; c) Hold those who perform religious marriages of underage girls criminally responsible. (Paragraphs 60 & 61) UN Committee on Economic, Social and Cultural Rights (Concluding Observations, November 2006) The Committee expresses concern about the practice of early marriages of girls and young women arranged by family members and acquaintances, which are often accompanied by physical threats. (Paragraph 18) 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) UN Special Rapporteur on Violence against Women, its Causes and Consequences Country visit: 15-23 May 2008 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 Discrimination against Women ------------------------------------------------------------ The high number of children who drop out of school and take up work UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee welcomes the ratification of the ILO Convention on the Worst Forms of Child Labour (No. 182) and adoption of Presidential decree of 2006 prohibiting child labour. However the Committee is concerned that there is no explicit prohibition and sanctions in the national legislation to prevent child labour, and that children as young as 10 years old are involved in child labour. In particular, the Committee is deeply concerned about the continuous high prevalence of child labour in informal sector, unskilled work in the service sector and in agriculture, mostly in cotton fields. Furthermore, the Committee is concerned about the high prevalence of domestic work which affects girls and cause increasing number of drop outs of girls especially those living in rural areas. The Committee recommends that the State party: a) Continue and strengthen its efforts to eradicate child labour, particularly in its worst forms, by addressing the root causes of economic exploitation through poverty eradication and education; b) Introduce the definition of child labour in domestic legislation and ensure the full implementation of the legislations prohibiting child labour and bonded labour and implement ILO Conventions No. 138 and No. 182, and vigorously investigate, prosecute, and punish the perpetrators; c) Vigorously pursue enforcement of minimum-age standards, including requiring employers to have, and to produce on demand, proof of age of all children working on their premises; d) Strengthen the labour inspectorate and provide the labour inspectors with all the necessary support, including child labour expertise, with a view to enabling them to monitor effectively at the state and local levels the implementation of labour law standards and to receive, investigate and address complaints of alleged violations; e) Continue the collaboration with NGOs, civil society and the International Programme for the Elimination of Child Labour of ILO. (Paragraphs 66 & 67) UN Committee on Economic, Social and Cultural Rights (Concluding Observations, November 2006) The Committee expresses concern about the number of children that drop out of school and take up work. The Committee is particularly concerned that many of these children work in hazardous conditions harmful to their health, with little or no training on safety precautions, and that they are exposed to various forms of violence. A major concern is the forced labour of children, mostly in cotton harvesting on collective farms, which is generally tolerated by local authorities. The Committee recommends the State conduct a national survey on the nature and extent of child labour, and include information on progress made in combating child labour in its next report to the Committee. (Paragraph 29) ------------------------------------------------------------ High maternal and infant mortality rates UN Committee on the Rights of the Child (Concluding Observations, January 2010) [The Committee recommends the State party] take further measures to reduce infant and child mortality, especially by focusing on preventive measures and adequate treatment (Paragraph 53c) UN Committee on Economic, Social and Cultural Rights (Concluding Observations, November 2006) The Committee expresses concern about the high mortality rate of children and mothers. The Committee recommends that the State take steps to combat this problem by improving child and maternal health through measures aimed at introducing sexual and reproductive health-related education and information, including family planning. The Committee also recommends the State take steps to improve access to sexual and reproductive health services, including hygienic conditions in hospitals, pre- and post-natal care, and emergency obstetric services. (Paragraph 68) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, February 2007) The Committee urges the State to improve access to adequate health-care services for women, especially in rural areas. It also requests that in its next report the State provide information on the rates and causes of mortality of women in comparison with men, diseases affecting women and girls, and updated information regarding improved access to health-care services. (Paragraphs 31, 32) ------------------------------------------------------------ The lack of a separate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee welcomes the establishment of the experts group on juvenile justice within the Commission on the Rights of the Child. It also welcomes the project with the Children's Rights Centre UK on improving the justice system for minors as well as establishing alternatives to pre trial detention and preliminary investigation, which led to appointment of first judges on juvenile justice. However the Committee is concerned that the Tajik criminal justice system lacks juvenile courts, judges who specialize in juvenile justice and a separate form of criminal procedure for children in conflict with the law. It is also concerned that despite the age of criminal responsibility set at 14, children below 14, are frequently subjected to arrest, pre-trial detention and deprivation of liberty in closed institutions. Furthermore the Committee is concerned that children aged 16 or above are kept in closed institutions for minor offences. The Committee recommends that the State party: a) Ensure the establishment of juvenile justice system in full compliance with juvenile justice standards, in particular articles 37, 40 and 39 of the Convention and other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System, and, in the light of the Committee's 1995 discussion day on the administration of juvenile justice (CRC/C/46); b) Ensure that the minimum age of criminal responsibility is effectively implemented and that children below the age of 14 are not subject to criminal treatment and be protected outside the criminal justice system; c) Review all cases of children sentenced to imprisonment in order to ensure that deprivation of liberty is only used as a measure of last resort and for the shortest possible period of time; d) Guarantee that all children have the right to appropriate legal assistance and defence by assigning a sufficient number of lawyers with relevant training and competence and an adequate number of probation officers to assist juvenile courts; e) Ensure that children in detention are always separated from adults; f) Ensure that children remain in regular contact with their families while in the juvenile justice system; g) Carry out specialised training for personnel in juvenile justice system. h) Seek technical assistance in the area of juvenile justice from UNICEF and the United Nations Interagency Panel on Juvenile Justice. (Paragraphs 72 & 73) UN Committee against Torture (Concluding Observations, November 2006) The Committee also expresses concern that the country lacks a well-functioning juvenile justice system, with children often being subjected to the same procedures, laws and violations as adults. The Committee urges the State to take the necessary steps to ensure a separate, well-run juvenile justice system in compliance with international standards. (Paragraph 9) UN Special Rapporteur on the independence of judges and lawyers Date: 25 September to 1 October 2005 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. (Paragraph 82) ------------------------------------------------------------ The high number of children without parental care in State institutions UN Committee on the Rights of the Child (Concluding Observations, January 2010) While noting the deinstitutionalisation efforts by the State party, the Committee however is concerned that the number of children in state institutions has increased by 38 % during the reporting period. It is particularly concerned at the new tendency of temporary institutionalisation of children due to migration of parents. The Committee regrets that alternative care for children deprived of family care is rarely available other than in the form of institutionalisation, while the conditions in care institutions are poor and no monitoring on the standards of care is conducted by the state. The Committee recommends that the State party: (a) Continue its efforts for taking measures on de-institutionalisation throughout the country; (b) Improve the quality of care in child care institutions and introduce mechanisms of monitoring of standards of care (c) Set clear standards for existing child care institutions and ensure a regular periodic review of placement in all the districts of the State party in light of article 25 of the Convention and the Guidelines for the Alternative Care of Children contained in United Nations General Assembly Resolution A/RES/64/142 adopted on 20 November 2009 (Paragraphs 44 & 45) UN Committee on Economic, Social and Cultural Rights (Concluding Observations, November 2006) The Committee notes with concern that more than half of children living in State institutions or under trusteeship or guardianship do not receive any pension, usually due to the fact that trustees and guardians are not aware of the right of orphans to receive a pension for the death of the breadwinner and about the procedures to claim this right. The Committee is concerned that due to lack of programmes to support single mothers, foster care or other forms of family-based alternative care, a large number of children live in boarding institutions and children's homes, which usually provide them with very low quality housing, food, clothing and care. The Committee is in particular disturbed by reports that children living in such institutions are deprived of the opportunity to attend schools and to participate in social and cultural life outside the institutions . (paras 26, 28) ------------------------------------------------------------ Unequal access to education of girls and children with disabilities UN Committee on the Rights of the Child (Concluding Observations, January 2010) [The Committee] regrets that the state institutions for children with disabilities do not provide quality education, rehabilitation services and development of necessary skills. It also notes poor conditions in such institutions and malnutrition as well as limited inclusion policies for children with disabilities. The Committee urges the State party to: b) Increase its effort to carry out awareness raising campaigns to sensitise the public about the rights and special needs of children with disabilities and promote their inclusion in the system of education and in society; d) Improve the physical access of children with disabilities to public service buildings, including recreational infrastructures and schools; e) Improve conditions in residential institutions for children with disabilities and establish mechanisms of independent monitoring of standards of care and children's rights in these institutions, as well as establish a system of training special education professionals; (Paragraphs 50 & 51) ...the Committee is concerned that the education of children is hampered by: a) Poor attendance, including the increasing number of drop outs, particularly among girls in rural areas, difficult access to education for children from low income families and girls... c) Review critically its school curricula with a view of abolishing all discriminatory practices in education, including girls' limited access to education and training, by developing strategies to combat high level drop-outs of girls in rural areas, and take measures to break down stereotypical attitudes about the roles and responsibilities of women and men (Paragraphs 62 & 63) UN Committee on Economic, Social and Cultural Rights (Concluding Observations, November 2006) [The Committee is concerned about] unequal access to education for girls and children with disabilities. The Committee urges the State to ensure equal access to education for boys, girls and children with disabilities, in accordance with the equal right of men and women and persons with disabilities to the enjoyment of all economic, social and cultural rights. (Paragraph 42) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, February 2007) [The Committee is concerned about] the high drop-out rates of girls from school as a result of the resurgence of patriarchal attitudes and strong stereotypes about female roles and responsibilities in the family and society, particularly in rural areas. The Committee urges the State to tackle this problem though awareness-raising and educational campaigns targeting religious and community leaders, parents, teachers, officials and children themselves. (Paragraphs 19, 20) [The Committee is concerned about] the low attendance rate by girls in primary schools, the sharp decline in the enrolment of girls in secondary schools, the high drop-out rate of those who do enrol, and the low enrolment rate of female students in institutes of higher education. The Committee urges the State to investigate and eliminate barriers preventing girls and young women from attending school. The Committee recommends: getting community leaders and local authorities involved in promoting education for girls; holding seminars and awareness-raising activities to help parents understand the important role of education for girls; making education for girls affordable; and ensuring special measures are implemented to allow girls and women who have dropped out of school to re-enter the education system in an age-appropriate classroom environment. The Committee also requests the State to continue reviewing all school textbooks to eliminate gender stereotypes. (Paragraphs 27, 28) UN Special Rapporteur on Violence against Women, its Causes and Consequences Country visit: 15-23 May 2008 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 UN Special Rapporteur on freedom of religion or belief Date: 26 February to 3 March 2007 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. (Paragraph 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. (Paragraph 44)
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Report published: 29 April 2009
Report published: 29 April 2009
Report published: 30 December 2005
Report published: 29 April 2009
Report published: 27 November 2007