CERD/C/65/CO/8 Page 2 receive individual complaints and to draft periodic reports under the international human rights instruments. 6. The Committee notes with satisfaction the State party’s accession to major United Nations human rights instruments, as well as to the Commonwealth of Independent States Convention concerning the Rights of Persons Belonging to National Minorities. 7. The Committee notes with interest that the State party’s legislation appears to be generally in conformity with article 4 of the Convention and that under article 62 of the Penal Code, racial discrimination is an aggravating circumstance in the commission of criminal offences. 8. The Committee notes with appreciation that Tajik law guarantees the freedom of citizens to choose their language of instruction and to use their language when dealing with government bodies and authorities, enterprises, institutions and associations. 9. The Committee welcomes the fact that the State party consulted with several organizations representing ethnic groups while preparing the report. 10. The Committee takes note with satisfaction of the statement made by the delegation that ratification of the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness is currently under study, and encourages it to ratify these instruments in a timely manner. C. Concerns and recommendations 11. The Committee notes that there is no definition of racial discrimination in domestic law. The definition provided in the Convention may, however, be directly invoked before tribunals. The Committee is of the view that the elaboration of legislation on racial discrimination, including all elements provided in article 1 of the Convention, would be a useful tool for combating racial discrimination. 12. The Committee regrets that insufficient information was provided on the effective level of participation of members of national and ethnic minorities in State institutions. The State party should provide more information on this issue, including statistical data, in its next periodic report. 13. The Committee is concerned that the criteria for prohibiting refugees and asylumseekers from living in certain settlements under the 2002 Law “On Refugees” are not clear and that, as a result, article 5 (d) (i) of the Convention may be violated. The Committee requests the State party to provide more information about the Law “On Refugees” and limitations of freedom of movement and residence in order to ascertain whether the Law is in conformity with the State party’s international commitments.

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