A/HRC/55/51/Add.2 31. One crucial dimension of the rule of law and the protection of human rights is the independence of the judiciary, without which the human rights of the most vulnerable cannot be effectively protected or enforced. Despite the acceptance by Tajikistan of the recommendations made by Armenia (123.61), Australia (123.135), Canada (123.137) and Uzbekistan (123.134) before the Human Rights Council during the discussion in 2022 of the outcome of the universal periodic review of Tajikistan and despite several judicial reforms, the judiciary in Tajikistan is still not seen as independent, with individual judges highly vulnerable to pressure from within or outside the judiciary, as the Special Rapporteur on human rights defenders noted in her statement at the end of her mission to Tajikistan. 9 Similar concerns were expressed to the Special Rapporteur on minority issues during his country visit. 32. National human rights institutions, such as the Office of the Commissioner for Human Rights, are also not necessarily perceived as independent. Despite renewed commitments to bring the activities of the Office of the Commissioner into alignment with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), there is still limited progress and insufficient human and financial resources allocated to it, jeopardizing its ability to fulfil its mandate. In that regard, the Committee on the Elimination of All Forms of Racial Discrimination, in its concluding observation on the combined twelfth and thirteenth periodic reports of Tajikistan, regretted that the institution was still accredited with B status by the Subcommittee on Accreditation of the Global Alliance of National Human Rights Institutions, which meant that it was only partially in compliance with the Paris Principles.10 33. A significant gap remains between the legislative, institutional and policy frameworks cited above and the professed human rights commitments of the Government of Tajikistan. The behaviour of State officials and the implementation of the commitments are also far removed from the commitments or the content of recent policy documents, such as the National Strategy on Human Rights and the associated Action Plan. 34. Some State officials with whom the Special Rapporteur met simply and automatically claimed that all the human rights of minorities were fully protected in the country or that complying with the national legislation was sufficient. They seemed genuinely perplexed at the suggestion or unwilling to countenance that national legislation may not always be in accordance with international human rights obligations. On other occasions, particularly in the Kŭhistoni Badakhshon Autonomous Province, there was outright hostility and denial regarding any need for an independent inquiry concerning allegations of violations of the rights of members of the Pamiri minority during the violent events in the region in 2021 and 2022. Any individuals arrested or detained were simply described as terrorists, criminals or extremists by officials and no further examination of the alleged atrocities committed against civilians was required, since the matter had already been dealt with under the laws of Tajikistan. Similar denials occurred in relation to the treatment of members of the Mugat, also known as Jughi or Roma, minority. Officials stated bluntly that they were full members of society and treated equally to others. 35. Similarly, when questioned as to the reasons for the highly intrusive restrictions on the rights of religious minorities to practise their faith with other members of their community, the response was simply to assert that freedom of religion was fully respected in the country, with no acknowledgment or apparent understanding that international law had a role to play. 36. While the adoption, in August 2023, of the National Strategy on Human Rights and the associated Action Plan could be said to have possibly constituted a pivotal moment for the country along its path towards an inclusive society that is more respectful of human rights, much of envisaged training, awareness-raising and other initiatives have not been effective or are not being implemented. Currently, the reality on the ground, especially when it comes to the rights of some minorities, is more akin to hostility or denial. 9 10 8 OHCHR, “Tajikistan: human rights defenders face increasing threats in climate of fear, says UN expert”. CERD/C/TJK/CO/12-13, para. 9. GE.24-00946