A/HRC/42/47/Add.6
activities in pursuance of the objectives of the Protocol on Water and Health. He continues
to encourage Tajikistan to sign and ratify the two Protocols. He further regards as a positive
step the Government’s decision to sign the Convention of the Rights of Persons with
Disabilities. He urges the Government to also ratify this Convention so as to ensure its
legally binding status, however he reminds the Government that by signing the Convention
it is under a duty to refrain from acts which would defeat its object or purpose, pending a
decision on ratification.4
RECOMMENDATION 1 – PROGRESS ON-GOING: The Special Rapporteur looks
forward to Tajikistan making further progress in its efforts to ratify the Optional
Protocol to the ICESCR and urges it to complete ratification as soon as is possible.
RECOMMENDATION 2 – PROGRESS ON-GOING: The Special Rapporteur
acknowledges that the Government has engaged in several activities related to the
Protocol on Water and Health but reiterates that only by ratifying the Protocol can
the protections it affords be fully realisable as a matter of law. He therefore restates
his recommendation that the Government should accelerate its preparations to sign
and ratify the Protocol.
B.
Recommendation on legal framework
RECOMMENDATION 3: “Revise the Water Code and place the principles and
normative content of the human rights to water and sanitation at the centre of the law. The
Water Code should have an explicit provision on the prioritization of water for personal and
domestic use.” (A/HRC/33/49/Add.2, para. 59(a))
17.
At the time of his visit, the Special Rapporteur noted with concern that the Water
Code of 2000, which represents one of the central pieces of national legislation regarding
access to water and sanitation, did not provide sufficiently for personal and domestic use
and did not seek to incorporate the human rights to water and sanitation into its provisions.
The Government of Tajikistan was, at that time, conducting a review of the Water Code,
which represented an opportunity to address this criticism and bring the Water Code into
line with the State’s human rights obligations (A/HRC/33/49/Add.2, para. 9).
18.
In relation to the inadequacy of the Water Code to account for the importance of
water for personal and domestic uses, and its lack of reference to human rights, the
Government refuted in its response to the questionnaire that this is the case, stating that
Article 64(1) of the current version of the Water Code provides that every citizen of the
Republic of Tajikistan has the right to access to safe and clean drinking water as an integral
component of the realization of all human rights.
19.
However, in response to the questionnaire sent by the Special Rapporteur, the
Government of Tajikistan noted that a Working Group had been established for the analysis
of the Water Code and the development of a new edition of the Code, within the framework
of “Program for the reform of the water sector in Tajikistan for the period 2016 – 2025.”
After a first round of comments from relevant ministries and departments, an updated
version of the document is now under consideration by those bodies. The Government also
informed the Special Rapporteur that a bill on drinking water supply had been developed
for the new edition of the Water Code, and this is in the process of being reviewed and
receiving a second round of comments from relevant ministries, departments and
development partners. The Government clarified that this document specifically reflects the
human rights to water use and sanitation.
20.
The Special Rapporteur is pleased that the Government of Tajikistan is making
concerted efforts to seek to revise the Water Code with the intention of ensuring a greater
reflection of the human rights to water and sanitation therein. Based on these developments,
he reiterates the previous recommendations for the Government to ensure that the revised
Water Code and Drinking Water Supply Law is in line with the human rights to water and
4
Vienna Convention on the Law of Treaties, Article 18(a).
5
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