CEDAW/C/TJK/CO/6

Tajikistan (CEDAW 14-11-2018)

The Committee considered the sixth periodic report of Tajikistan (CEDAW/C/TJK/6) at its 1643rd and 1644th meetings (see CEDAW/C/SR.1643 and CEDAW/C/SR.1644), held on 31 October 2018. The Committee’s list of issues and questions is contained in CEDAW/C/TJK/Q/6 and the responses of Tajikistan are contained in CEDAW/C/TJK/Q/6/Add.1.

Concluding observations

D. Principal areas of concern and recommendations

Disadvantaged groups of women

43. The Committee notes with concern the vulnerability of the following groups whose members suffer multiple forms of discrimination: refugee women, migrant women, women who have been left behind by male migrants, widows of male migrants, stateless women, women and girls with disabilities, women living with HIV/AIDS, women in prison and women who are former inmates, lesbian, bisexual and transgender women and intersex persons. The Committee is particularly concerned about reports that:

(a) Asylum seekers and refugees, including women and girls, have been confined to specific areas in the State party, pursuant to government resolutions 325 and 328 and the government decision of 26 July 2000 on the establishment of a list of populated areas in which the temporary residence of asylum seekers and refugees is not permitted;

(b) Women in prison are not allowed to be visited by international and civil society organizations and there is a lack of proper prison release management to support and integrate women who are former inmates, due to the lack of a specific legislative and policy framework;

(c) There is no specific legislative and policy framework on mental health and there is a lack of institutions offering inclusive education, and persons with disabilities, including women and girls, face physical barriers in gaining access to public transport and health and educational institutions and have been subjected to mandatory institutionalization, violence, including sexual violence, and abuse in medical institutions as well as in private settings;

(d) Lesbian, bisexual and transgender women and intersex persons are subjected to police abuse, such as blackmailing, extortion, forced testing for HIV/AIDS and sexually transmitted infections, arbitrary detention and ill-treatment, including “corrective” rape, while “lists” of such persons have been compiled by the authorities and for blackmailing.

44. The Committee recommends that the State party:                                        

(a) Take all measures, including temporary special measures, to improve the situation of women belonging to disadvantaged groups, protect them from exploitation and improve their access to health care, social benefits, psychological assistance, education and employment opportunities and participation in public and political life and allocate the funds necessary for the effective implementation of such measures;                                        

(b) Establish mechanisms to regularly monitor the impact of social and economic policies on disadvantaged groups of women;                                        

(c) Repeal its resolutions 325 and 328 and the government decision of 26 July 2000 on the establishment of a list of populated areas in which the temporary residence of asylum seekers and refugees is not permitted, which limit the freedom of movement and residence of asylum seekers and refugees, including women and girls;

(d) Accelerate the adoption of the draft law on labour migration, while ensuring that it effectively protects the rights of migrant women, widows of male migrants and women who have been left behind by male migrants;

(e) Adopt a comprehensive legal and policy framework for mental health, ensure the provision of inclusive education and access to employment opportunities for women and girls with disabilities, enhance reasonable accommodation in education, transport and schools, ensure that women and girls with disabilities are not subjected to mandatory institutionalization, violence, including sexual violence, or abuse, investigate reports of the abuse of women and girls in medical institutions and provide personal assistance, including interpreters, in the courts;

(f) Ensure access, in line with the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), to detention facilities for international and civil society organizations for independent monitoring, adopt a legislative and policy framework for proper prison release management and the social integration of women who are former inmates, taking into account their specific needs, and provide support services to them and create a national protection mechanism;

(g) Effectively address complaints of police abuse by lesbian, bisexual and transgender women and intersex persons, dismantle official and non-official lists of such persons and ensure that civil society organizations working on those issues enjoy the rights to freedom of expression, assembly and association;

(h) Provide comprehensive information and collect statistical data, disaggregated by sex, age and nationality, that can be used to assess the situation of disadvantaged groups of women.