| For a summary of Tajikistan’s review at the second cycle please click here. |
12th UPR session
Date of review: 3 October 2011
Date of report adoption: March 2012
Working Group report: A/HRC/19/3
| Summary
Comments: Canada expressed concern at incident of illegal detention and blackmailing of LGBT persons. There were no recommendations on SOGI issues. Response: Tajikistan noted that they are working on transgender issues. |
I. Key issues/recommendations identified by NGOs
- Combat discrimination and violence based on sexual orientation and gender identity, including by law enforcement officials;
- Ensure that marriages may be entered into only with the free and full consent of the intending spouses or partners;
- Ensure freedom of association and assembly without discrimination based on sexual orientation or gender identity;
- Ensure the right to recognition before the law of transgender persons;
- Provide medical and other support to all persons experiencing gender transitioning or reassignment.
II. Excerpts from input reports
Summary of stakeholders’ information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations
2. Right to life, liberty and security of the person
21. JS4 reported about sexual and physical violence against gay and bisexual men perpetrated by the police. Transgender persons also experienced violence. JS4 recommended that Tajikistan take all necessary measures to prevent and provide protection from all forms of violence and harassment against LGBT persons.
22. JS2 stated that LGBT persons were regular subjects of illegal detention and blackmailing by law enforcement agencies.
4. Right to privacy, marriage and family life
49. JS4 reported that the lives of lesbian and bisexual women were regulated and controlled by their families and communities and that they were often married to a man by the choice of their family. It recommended that Tajikistan comply with article 16 of CEDAW to ensure on a basis of equality, the right to freely choose a spouse and to enter into marriage only with free and full consent.
50. JS2 stated that hatred and intolerance of the society towards lesbian, gay, bisexual, and transgender (LGBT) persons forced them to leave the country or to hide their sexual orientation. Since LGBT persons were afraid that their sexual orientation could be revealed, they rarely sought for medical, legal or psychological assistance. JS2 recommended that Tajikistan prohibit discrimination based on sexual orientation and gender identification in the national legislation.
54. JS1 reported that there was no procedure for changing identification documents in cases of a change of sex. JS4 recommended that Tajikistan recognize the rights of transgender people to change gender and name in passports and in other official documents. Furthermore, JS1 recommended that Tajikistan adopt a law on the procedures to change identification documents of trans-gender persons.
5. Freedom of religion or belief, expression, association and peaceful assembly
66. JS4 reported that organizations working with LGBT communities had to keep a low profile in order to avoid social backlash. JS4 recommended that Tajikistan create an enabling environment for LGBT organizations.
6. Right to social security and to an adequate standard of living
74. JS4 stated that transgender persons did not have an access to a hormonal therapy or surgeries. JS2 recommended that Tajikistan develop and introduce a protocol on hormonal therapy for trans-gender individuals.
III. References to SOGI during the Working Group review
A. Presentation by the State under review
35. Regarding the question of identity of transgender persons, the delegation noted that identity documents are issued on the basis of the Law on civil registration, and that a certificate of change of gender issued by a medical organization was required.
B. Interactive dialogue and responses by State under review
53. Canada, while acknowledging the security challenges and budget constraints, was concerned at restrictions on the practice of religion and on freedom of the press, conditions of detention and deaths in custody, impunity with regard to allegations of torture and confessions obtained through torture, lack of independence of the judiciary, domestic violence, discrimination against women, child labour, institutionalization of children with disabilities and incidents regarding lesbian, gay, bisexual and transgender (LGBT) persons. Canada made recommendations.
The delegation of Tajikistan responded that: “There are documents from persons talking about transgender persons and we have work on this issue too.”
V. Adoption of the Report
Comments by States and other stakeholders
Action Canada for Population and Development, Sexual Rights Initiative, COC Netherlands, Labrys and Equal Opportunities
Madame President,
We welcome the Tajik government’s willingness to engage in the UPR process and its attention to sexual rights. We commend Tajik government’s attention to the issue of gender recognition for transgender people. We hope that the government will continue this positive engagement by simplifying the procedure of changing documents and not requiring surgeries.
In the context of concerns raised in the Outcome Report, we draw your attention to the continued detention and prosecution of gay and bisexual men, despite the decriminalization of same-sex conduct. There are reports of men who are verbally, physically and sometimes sexually abused whilst in detention, and not released until they agree to pay a bribe. Their personal belongings are confiscated and address books in mobile phones are used to track other gay and bisexual men. In the past year, 13 cases of such cases of police blackmail and extortion have been reported. Lesbian women in Tajikistan continue to be forced into arranged marriages and controlled by their families through beating and psychological pressure.
We urge the Tajik Government to:
a) Take all necessary legislative measures to impose appropriate criminal penalties for violence, threats of violence, incitement to violence and related harassment, based on the sexual orientation or gender identity, in all spheres of life, including the family and the state agencies;
b) Ensure that perpetration of violence based on sexual orientation and gender identity, including if perpetrated by law enforcement personnel, is vigorously investigated, and that, those responsible are prosecuted, tried and duly punished, and that victims are provided with appropriate remedies and redress, including compensation
Finally, we would like to express a concern with recent ban on use of social media in Tajikistan and encourage the government of Tajikistan to create space for open communication whether online or through other forms of media.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Addendum 2 : E