A/HRC/42/47/Add.6 55. The Government responded that it has taken legislative measures to boost the right to access information regarding the human rights to water and sanitation. As per the response, it was noted that the draft Law of the Republic of Tajikistan On Drinking Water and Drinking Water Supply reflects the procedure for issuing and obtaining information on drinking water and drinking water supply as well as providing information about quality and safety of drinking water to consumers. 56. The Special Rapporteur welcomes the provision of the right to information related to their human rights to water and sanitation included in the draft Law, which will assist people in Tajikistan to understand their water and sanitation provision and to claim their rights. He was unfortunately not provided with information on strengthening the accountability mechanism, including through strengthening the Ombudsman or civil society. The Special Rapporteur wishes to remind the Government that the right to information and the human rights to water and sanitation can be protected only with strong accountability mechanisms. LIMITED PROGRESS: The Special Rapporteur looks forward to the draft Law stipulating the right to information being adopted in due course. Protecting the right to information in law is a positive step forward, however the Special Rapporteur is disappointed not to receive information about the strengthening of accountability mechanisms. As such, he repeats his recommendation and looks forward to seeing progress made in relation to this. B. Recommendation on laws and policies that could weaken civil society RECOMMENDATION 14: “Review laws and policies that could potentially weaken civil society organizations, including newly adopted amendments to the Law on Public Associations, and provide a wider space for civil society to openly discuss policies and people’s needs relating to access to water, sanitation and hygiene, with capacity for actual influence in decision-making processes.” (A/HRC/33/49/Add.2, para. 59(l)) 57. The active and unhindered voice of civil society is crucial to ensuring human rights are respected, protected and fulfilled in all societies. As such, in addition to the element of the recommendation immediately above, calling on the Government to respect the activities of civil society, it is essential that authorities be active in assisting civil society organisations to freely provide impartial oversight on Government policy and practice regarding water and sanitation provision, by removing obstacles to their participation (A/HRC/33/49/Add.2, para. 41). 58. Following the conclusion of his official visit to Tajikistan, the Special Rapporteur has been informed that the situation of civil society organisations has become even more fraught. According to the information the Special Rapporteur received on 12 August 2015, changes to the Law on Public Associations came into force after official publication. The changes were signed by the Tajik President on 8 August 2015 and introduced a new inspection procedure for many civil society organizations, without spelling out the nature or frequency of such inspections. The amendments also require all foreign funding received by such organizations to be notified to the Ministry of Justice as registering authority. On 27 April 2016, the Government adopted the Procedure for Maintaining the Registry of Humanitarian Aid for Public Associations to implement the 2015 amendments to the Law on Public Associations. 59. Furthermore, on 2 January 2018, the President signed amendments to the Law on Public Associations, which were developed in line with Financial Action Task Force on Money Laundering requirements to ensure a stringent approach to preventing money laundering and financing of terrorism through civil society organizations. The amended Law requires all civil society organizations to annually publish financial reports about their incomes and expenditures on their own websites or the site of the state body that registers public associations, the Ministry of Justice. 60. Civil society organisations undertake a vital role in the protection of human rights and their unhindered participation in discussions regarding water and sanitation policy is 15

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents