A/HRC/42/47/Add.6
B.
Recommendation on refugees, asylum seekers and stateless persons
RECOMMENDATION 18: “Revisit the policies on refugees and asylum seekers, as well
as on nationality and statelessness, with a view to providing equal access to essential
services, including water and sanitation, for everyone in the country without
discrimination.” (A/HRC/33/49/Add.2, para. 59(n))
65.
Tajikistan is home to between 2,000 and 4,000 refugees and asylum seekers. The
Special Rapporteur expressed concerns regarding these peoples’ access to water and
sanitation as a result of the Government’s policy of excluding them from large cities.
Furthermore, around 10,000 people in Tajikistan are stateless, or are at risk of being made
stateless, and those who are undocumented are not entitled to receive essential services
(A/HRC/33/49/Add.2, paras. 53-55).
66.
The Government explained that in the current water legislation concerning the
provision of drinking water for refugees or asylum seekers, as well as for civil or stateless
persons, there is no difference between the norms that apply to these people, and norms that
apply to residents, as for all consumers a uniform norm of drinking water supply has been
adopted. However, by excluding refugees and asylum seekers from large cities as a matter
of policy, these people are de facto prevented from accessing the centralised water supply
and sanitation services that are only available therein.
67.
The Special Rapporteur regrettably did not receive information on positive actions to
revise policies on refugees, asylum seekers and stateless people. He reiterates that
providing a uniform norm of water and sanitation services is sometimes not sufficient to
provide equal access to certain populations. He encourages the Government to take
measures for refugees, asylum seekers and stateless persons. In this connection, he refers to
his thematic report focusing on the human rights to water and sanitation of forcibly
displaced persons, in particular internally displaced persons, refugees, asylum seekers and
migrants in vulnerable situations, while en route, at borders, and at their destination
(A/HRC/39/55).
No assessment is possible due to lack of information: The Special Rapporteur calls on
the Government to publish information on its plans to revise policies relating to
refugees, asylum seekers and stateless persons so that these can be scrutinised. He
reminds the Government that its human rights obligations regarding water and
sanitation extend to all people, including non-citizens and those who are currently
stateless.
17
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