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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.