A/HRC/55/51/Add.2
mechanism for responses and follow-up to communications and other international
human rights reporting mechanisms.
83.
The Special Rapporteur calls upon the Government of Tajikistan:
(a)
To re-examine the relevant legislation (the Law on regulating traditions,
celebrations and rituals, the Law on public associations, the Law on freedom of
conscience and religious associations, the Law on parental responsibility, the Law on
countering extremism of 2020 and the Law on combating terrorism of 2021) to ensure
that it fully complies with the treaty obligations of Tajikistan, particularly in relation
to the human rights of ethnic, religious and linguistic minorities, as outlined in the
present report;
(b)
To immediately conduct a review of the Action Plan 2023–2025 and
incorporate into it a section on the actions to be taken in relation to the Mugat minority
to address the widespread discrimination and denial of equality that they encounter
daily in education, housing and public health, among other services, in order to comply
with its human rights obligations and the calls of international bodies. The section
should include a specific plan to look into access to public services for the Mugat
community, including with regard to power, sewage treatment facilities and water and
schooling, housing and health care, and should also include a multi-year investment
plan aimed at enabling members of the Mugat community to achieve real and effective
equality commensurate with that of their neighbours. It should pay particular attention
to the serious underfunding of their schools and adopt a policy that does not segregate
Mugat children from other children on the basis of race or ethnicity;
(c)
To undertake an impartial and transparent investigation into the events
in the Kŭhistoni Badakhshon Autonomous Province since November 2021, in
accordance with applicable international standards;
(d)
To engage in a constructive and open dialogue with the Pamiri minority
to address their grievances;
(e)
To implement conflict-prevention measures that meet international
human rights standards, including measures to protect the Pamiri minority;
(f)
To take verifiable and impartial steps towards establishing accountability
for the perpetrators of reported abuses, such as torture and extrajudicial killings, and
to provide remedies to the victims;
(g)
To put in place an affirmative action programme to increase the
proportion of minorities employed in the national and local civil service, particularly
for the Uzbek, Kyrgyz and Pamiri minorities, so that they better reflect the diversity
and makeup of Tajik society;
(h)
To adopt minority rights legislation that would, inter alia, provide for the
use of minority languages in localities in which those minorities are concentrated and
for civil servants to be hired to provide public services in the languages of the
populations involved, in line with the guidance provided in the Language Rights of
Linguistic Minorities: A Practical Guide for Implementation and The Hague
Recommendations Regarding the Education Rights of National Minorities.
84.
The Government of Tajikistan should, among other measures:
(a)
Ratify the Framework Convention for the Protection of National
Minorities and obtain technical assistance from the United Nations in that regard. In
line with similar good practices in other countries, the Government should provide for
the National Testing Centre to offer entrance exams for the public service in the
languages of education of the linguistic minorities in the country;
(b)
Establish for users of sign language a firm timetable and plan of action for
the ratification of the Convention on the Rights of Persons with Disabilities as soon as
possible, formally recognize sign language as a language for the purposes of education
and adopt a more comprehensive approach in policy documents for its use in the
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