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
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