Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders, said that the dissolution of human rights NGOs signals a deteriorating environment for civil society and human rights defence in Tajikistan. She reiterated that Tajikistan must reconsider its attitudes towards civil society and view human rights defenders as allies instead of enemies.

Earlier in November 2023, Tajikistan Minister of Justice announced that 700 NGOs in the country had been liquidated over an 18-month period.

UN Special Rapporteur Mary Lawlor said, “Human rights defenders in Tajikistan working on so-called ‘sensitive’ issues have been reportedly subjected to threats and intimidation.”

“Human rights defenders working on so-called sensitive issues, including freedom from torture, the right to housing and compensation for requisitioned land, minority rights, freedom of belief and good governance, political rights, and particularly the right to free and fair elections have been reportedly subjected to threats and intimidation,” the Special Rapporteur said.

“Some of those NGOs had been in operation for over 20 years,” the UN expert continued. “This decision also affects those working on early intervention on disability issues, expanding access to education, supporting victims of domestic violence, protecting the environment and promoting public access to land.”

Some organisations were forced to close following unrest in the Gorno-Badakhshan Autonomous Region (GBAO) in 2022. Official statistics show that after these events, the courts ordered many public organisations to shut down while several other organisations self-dissolved. It is reported that in GBAO, of 300 registered organisations in early 2022, only around 10% can continue operating.

Several NGOs decided to self-dissolve after their directors were repeatedly summoned to the Department of Justice or local executive authorities. They were then reportedly placed under pressure or coerced into shutting down their organisations ‘voluntarily.’

“Interfering with the activities of NGOs and forcing civil society organisations to cease activities will have a serious knock-on impact on a whole range of human rights in Tajikistan,” Lawlor said. “I call on the government to reverse these closures.”

Source

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Eight United Nations experts are awaiting a response from Tajik authorities to a letter expressing concern about the fate of convicted journalists and civil activists. UN experts and special rapporteurs in their letter demanded an explanation from Dushanbe regarding reports of gross violations of the rights of nine convicted journalists and bloggers, as well as civil activists. The letter dated 12 May 2023, is published here. UN Special Rapporteur on the situation of human rights defenders, Mary Lawlor has visited Tajikistan earlier to address the human rights violations in the country.

In their appeal, which UN experts sent to Dushanbe in May of this year, they provided details of the detention and imprisonment, as well as information about the conditions of detention in correctional institutions for journalists and bloggers Daleri Imomali, Abdullo Gurbati, Zavkibeki Saidamini, Abdusattor Pirmuhammadzoda, Khushruz Jumaev, human rights activists Abdulmajid Rizoev, Manuchehra Kholiknazarov, Faromuz Irgashev and civil activist Ulfatonim Mamadshoeva.

The letter to Tajikistan authorities was signed by the UN Special Rapporteur of human rights defenders, Mary Lawlor, and the UN Special Rapporteur on torture, Alice Gill Edwards, cites cases of torture and ill-treatment of detainees. UN experts also criticized the Tajik authorities for imprisoning detained journalists and bloggers on trumped-up charges of extremism and collaboration with banned organizations.

Last year, authorities sentenced them to terms ranging from 7 years to life in prison. Supporters of those convicted and international human rights organizations believe that the arrests and detention of journalists and civil activists were politically motivated. UN experts noted in a 20-page letter that from arrest to trial, the rights of detained journalists and activists were grossly violated.

One of the convicts, Daler Emomali, was accused of illegal entrepreneurship, dissemination of knowingly false information and participation in an extremist association, and was sentenced to 10 years in prison. However, human rights activists believe that the authorities took revenge on him for his critical videos.

The letter expresses concern about the fate of journalist and civil activist Ulfatonim Mamadshoeva, whom the authors call a representative of the “Pamir minority.” UN experts expressed regret that the Tajik authorities never responded to their previous letters regarding the fate of Mamadshoeva.

66-year-old Ulfathonim Mamadshoeva was sentenced to 21 years in prison in early December 2022 . The Tajik authorities accused Ulfathonim Mamadshoeva of organizing mass riots in the Rushan district and the city of Khorog in May 2022. Supporters of Mamadshoeva consider the criminal case to be fabricated.

The letter, signed, in particular, by the UN Special Rapporteur on the situation of human rights defenders, Mary Lawlor, and the UN Special Rapporteur on torture, Alice Gill Edwards, cites cases of torture and ill-treatment of detainees. The authors write that the arbitrary arrests of some of those convicted are contrary to the laws of Tajikistan and international law. UN experts also criticized the Tajik authorities for imprisoning detained journalists and bloggers on trumped-up charges of extremism and collaboration with banned organizations. The actions of the Tajik authorities are a stern warning to other human rights defenders: criticism will be severely punished.

The letter was officially sent to the government of Tajikistan in May. The authorities had to respond to this message within 60 days. However, apparently, there was no response from Dushanbe: the UN, as a rule, publishes responses to its appeals on its official website.

In recent years, the government of Tajikistan has been criticized by the UN, Western countries and international human rights organizations for regular violations of human rights in the country.

Source : Radio Free Europe

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UN Special Rapporteur of Human Rights Defenders, Mary Lawlor, has once again called on the authorities of Tajikistan to release imprisoned Tajik journalists and bloggers.

Mary Lawlor posted on her social media account, formerly Twitter, that during a meeting with Tajikistan’s Permanent Representative to the UN, Jonibek Hikmat, in New York on October 24, she reiterated her call for the Tajik authorities to release the convicted human rights defenders and journalists, including Daler Imomali, Abdullo Gurbati, and Ulfatkhonim Mamadshoeva.

Last year, in Tajikistan, eight journalists and bloggers were sentenced to various prison terms, ranging from 7 to 21 years. Four of them, Daler Imomali, Abdullo Gurbati, Abdusattor Pirmukhammadzoda, and Zavkibek Saidamini, were found guilty of collaborating with banned organizations. The journalists and their families have denied the allegations. Some of the convicted journalists claimed to have been subjected to torture in detention.

Tajikistan sentenced eight journalists and bloggers to various prison terms, ranging from 7 to 21 years. Four of them, Daler Imomali, Abdullo Gurbati, Abdusattor Pirmukhammadzoda, and Zavkibek Saidamini, were found guilty of collaborating with banned organizations.

Ulfatkhonim Mamadshoeva was arrested following the events of May 2022 in the Gorno-Badakhshan Autonomous Region (GBAO) and was sentenced to 21 years in early December 2022. The Tajik authorities accused Ulfatkhonim Mamadshoeva of organizing mass disturbances in the Rushan district and the city of Khorog in May 2022. Supporters of Mamadshoeva consider the criminal case to be fabricated.

In September of this year, eight UN experts stated that they were awaiting a response from the Tajik authorities to a letter expressing concern about the fate of imprisoned journalists and civil activists. In their 20-page letter, they noted that the rights of detained journalists and activists were grossly violated from the time of their arrest to the trial.

In a letter signed, among others, by the UN Special Rapporteur on the situation of human rights defenders, Mary Lawlor, and the UN Special Rapporteur on torture, Alice Jill Edwards, cases of torture and cruel treatment of detainees were cited. UN experts stated that the arbitrary arrests of some of the convicted individuals contradict the laws of Tajikistan and international law. They criticized the Tajik authorities for imprisoning detained journalists and bloggers on fabricated charges of extremism and collaboration with banned organizations. The actions of the Tajik authorities serve as a stern warning to other human rights defenders: criticism will be met with harsh punishment, as stated in the letter.

The Tajik government has faced criticism in recent years from the UN, Western countries, and international human rights organizations for regular human rights violations in the country.

Source : Radio Liberty

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New York, Brussels, Paris (15/2 – 67)

Led by authoritarian head of state since the 1990s, a regime change for the people in Tajikistan might take a while.

In any case, changes and growth often take too long. Especially when we are talking about the change of a commanding ruling power in the country. History recorded that power shifts happened due to factors not necessarily through any kind of violent revolution. One key factor that influences such power shifts is the role of the army in the country.

Tajikistan President Emomali Rahmon seems unshakeable in his presidential seat, at least till the year 2027. Even before the Russian invasion of Ukraine, Tajikistan was unable to improve its status as Central Asia poorest country since the dissolution of Soviet Union. The country’s Gross Domestic product (GDP) and its military strength remain the lowest amongst its neighbors. Additionally, the human rights issues and civil liberties index for Tajikistan kept deteriorating since 2013.

Tajikistan has been dominated politically since 1992 by President Rahmon and his supporters. The government has historically obstructed political pluralism eventhough the constitution provides for a multiparty political system. In a 2016 national referendum, constitutional amendments approved and outlawed religious-affiliated political parties and also abolished presidential term limits for the “leader of the nation”, a title that has only been held by the incumbent. Thus, allowing President Rahmon to further solidify his rule. Following his father’s footsteps, it seems that next in line is Rahmon’s 34-year-old son, Rustam Emomali. Rustam is the oldest of nine offspring and the presumed successor to the presidency.

“Since 1992, Tajikistan has been dominated politically by President Emomali Rahmon. In a 2016 national referendum, constitutional amendments approved and outlawed religious-affiliated political parties and abolished presidential term limits for the “leader of the nation”, a title that has only been held by the President Rahmon.”

Human Rights Watch reported that “Tajikistan’s human rights record continues to deteriorate amid an ongoing crackdown on freedom of expression and the political opposition, as well as the targeting of independent lawyers, journalists, and even the family members of opposition activists abroad.”

Under President Rahmon’s ruling, the Pamiris are experiencing decades of repression in their homeland in Gorno-Badakhshan Autonomous Region (GBAO). The Dushanbe government insistently accuses the Pamiris to be involved in acts of extremism and separatism against the government. There was a constant onslaught of assaults and human rights violations on the Pamiris, including persecutions, detention, convictions, torture and sadly for some, reports of murder.

It is indeed unfortunate and somewhat fatal for Tajikistan and its people how President Rahmon’s regime act towards the voice of improvement.  

Mary Lawlor, United Nations Special Rapporteur for human rights defenders, cited that there is limited understanding of the concept of human rights defenders in Tajikistan. She reported and objected that Tajikistan authorities are labelling human rights defenders as extremists, terrorists and/or foreign agents.

“I also heard with sadness that being considered a human rights defender often carries a negative connotation, and some members of civil society even avoid being referred to as defenders,” Lawlor said in December 2022 after she visited the country.

Urgent Structural Reform  

How Dushanbe regime responded to its protracted internal conflicts is in reverse to what the world sees its neighbor, Kazakhstan. After Kazakh’s nationwide unrest in January 2022, President Kassym–Jomart Tokayev immediately vows for structural reform. Aiming for ‘New Kazakhstan’, President Tokayev not only progressively and consistently move towards implementing economic reforms, but also made changes in bureaucratic policies and politics. He stripped the old authorities in his government of political privileges, including his predecessor former president Nursultan Nazarbayev.

The Kazakh president announced that, “The era of oligarchic capitalism in Kazakhstan is ending as the country is entering an era of greater social responsibility to its citizens. Our citizens need an efficient and socially responsible business that occupies a leading position in the country’s economy.”

President Tokayev is fully aware that Kazakhstan has everything to lose if the country fails to stay relevant as Central Asia’s richest. Thus, he implemented such urgent, open and transparent reforms to maintain his country’s reputation. This mindset rewarded Tokayev his second presidential term in a snap election in November 2022.

President Rahmon on the other hand, chose to remain the same after decades of decadences. As BTI Transformation Index writes on its Tajikistan 2022 report, “Tajikistan is a consolidated authoritarian state which enjoys a complete monopoly on the use of force over its entire territory.”

While his neighbors were busy tasking and developing their countries, Rahmon however believes that progress can be achieved by demanding it instead of earning it through collaboration and cooperation. His viral reaction to Russian President Vladimir Putin on October 14 at a summit of leaders from the former Commonwealth of Independent States (CIS) in Kazakhstan’s capital, Astana, somewhat showed his leadership style.

A video of Tajik President Emomali Rahmon complaining to Russian President Vladimir Putin about his lack of respect for the countries of Central Asia that were once part of the Soviet Union has struck a nerve on social media, where it has been viewed millions of times. Rahmon, then addressing Putin directly, said that Tajikistan and other countries in the vast region have been treated like outsiders and indicates that the region deserves more investment from Moscow. Putin appears uncomfortable in the seven-minute video posted on YouTube, where it has been viewed around 4 million times. The video also also shows the leaders of Kazakhstan, Kyrgyzstan, Turkmenistan, and Uzbekistan looking on silently.

Temur Umarov of Carnegie Politika interpreted Rahmon’s actions as the Tajikistan wanting to emphasize its loyalty towards Russia but now they are ‘isolated’ because of Russia’s invasion of Ukraine. Umarov wrote on Twitter, “Rahmon wants to play his card right. At this point, he invested a lot to keep [Russian] influence high in [Tajikistan] and did much less than other [Central Asian] states to diversify its ties [with] partners besides Russia. Now, Rahmon wants to be rewarded.”

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New York, Brussels, Paris (24/1 – 86)

The increasing human rights violations committed by Tajikistan state security officials are a cause for alarm. United Nations Special Rapporteur for human rights defenders, Mary Lawlor told Tajikistan to protect its human rights defenders and stop their persecutions from state security agencies.

The special rapporteur visited Tajikistan from November 28 to December 9 and met various representatives from the Tajik government and state institutions as well as numerous human rights defenders, including members of NGOs, human rights lawyers, journalists and bloggers and members of grassroots movements.

During her visit, Lawlor visited Khujand, the provincial capital city of Sughd province, Tajikistan’s northern most province, to meet the local human rights defenders as well as representatives of the regional Ombudsman.

Lawlor said from her various discussions during the mission, there was a limited understanding of the concept of human rights defenders in Tajikistan.

“I also heard with sadness that being considered a human rights defender often carries a negative connotation, and some members of civil society even avoid being referred to as defenders,” she said in her end-of-mission statement.

She also discussed with the Ombudsman on the adoption of a specific Law on the Protection of Human Rights Defenders which she believes would greatly contribute to raising awareness about those who carry out legitimate and peaceful human rights work.

“[It] would significantly contribute not only to their protection, but also their acceptance and recognition within society,” she said

The special rapporteur said that she was aware that the difficult geopolitical and economic situation faced by Tajikistan. Pressures coming from the situation in Afghanistan, the war in Ukraine and tensions with Kyrgyzstan all contribute to a delicate geopolitical and security situation which leaves its mark on government policies and actions, she added.

She, however, lamented the fact that human rights defenders have in some cases been labelled as extremists, terrorists and/or foreign agents as a consequence of the harsh regional dynamics.

“The law on preventing extremism, the law on combatting terrorism, and article 307 of the Criminal Code are three pieces of legislation used to criminalize and arrest human rights defenders,” she said.

Lawlor appreciated the establishment of a National Action Plan on Human Rights for the implementation of recommendations from United Nations human rights mechanisms despite its slow implementation process and pointed out to “the lack of genuine, meaningful consultation with and full involvement of members of civil society”.

Another positive development was the adoption of the Anti-Discrimination Law (Law on Equality and Elimination of All Forms of Discrimination) in July 2022, which she termed as “a significant step into the right direction”.

Despite such positive recent developments, Lawlor highlighted the ambivalent cooperation between the Tajik government and the NGOs.

While appreciating NGOs’ involvement in working groups drafting new legislation and policies, at the same time there were “many of the same human rights defenders and NGOs reported feeling not consulted, under significant pressure and operating in an increasingly tightening and unpredictable environment.”

“Some defenders have even been reluctant to meet with me in person, for fear of possible reprisals in the future,” Lawlor revealed.

She also received reports that human rights defenders being subjected to excessive number of inspections and informal questioning. While the Tax Committee can carry out inspections every two years and the Ministry of Justice every three years, the State Security Committee may carry out inspections anytime.

“Human rights defenders and their NGOs are facing significantly increased administrative burdens, which may have a crippling effect especially on small, under-resourced and grassroots organizations,” she said in the statement.

As human rights defenders face increasing persecutions abroad, they might be forced to seek refuge abroad, requiring visa from embassies operating in Dushanbe. However, these embassies, including those of the European Union, the United Kingdom, and United States, have failed in providing such assistance and engagement as required by their own guidelines.

“Many defenders complained of a lack of meaningful engagement from embassies and international agencies. They told me they feel abandoned and have to rely on each other for support. One said they felt left alone with their problems,” Lawlor lamented.

The special rapporteur called on the Embassies, the EU Delegation and international organizations including the UN and OSCE, should further demonstrate solidarity and build trust with human rights defenders.

This could be achieved by, among other things, by meeting them in private or public, inviting them to their events, visiting them in their offices, raising awareness about their role and observing trials.

“Building the necessary trust with defenders will not happen overnight, but embassies and international agencies should continuously strive for it,” she said.

Lawlor also pointed to the lack of independence for the judiciary, which is “crucially important for a democratic society and for the rule of law” despite being “formally prescribed in the Constitution and other relevant legal instruments”.

“This has a direct impact on the ability of human rights defenders to receive a fair trial and to adequately represent clients,” the special rapporteur emphasized.

She also pointed out to the significant decrease of Tajik lawyers since the adoption of the Law of Lawyers in 2015 and the that some lawyers have been charged under article 307 of the Criminal Code for extremism-related offences.

“Once criminally charged, lawyers are no longer able to practice as attorneys, even if the charges are subsequently dropped and the persons are acquitted,” she said.

“The lack of sufficient amount of lawyers, compounded by the pressures exerted on them, especially those who are taking up cases of human rights defenders or persons accused of terrorism or extremism, in practice results in an environment where it is very difficult, and often impossible, to find attorneys ready to represent human rights defenders.”

Lawlor was also deeply troubled by apparent clampdown on dissenting voices, including those seen as not respectful, nor in accordance with the country values, traditions, and interests.

“My meetings during these past two weeks indicated that the crackdown on independent journalists working on human rights defenders started in 2016,” she deplored.

The special rapporteur revealed that within the past 6 months, some 20 journalists and bloggers have be reportedly arrested and detained.

Since 2015, Tajik President Emomali Rakhmon has imposed a climate of terror that facilitates the harassment of journalists and encourages them to censor themselves, as reported by Reportes sans Frontier.

“Journalists are only able to express themselves freely on online platforms such as YouTube but do so at risk of being persecuted,” the report said.

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