E/C.12/TJK/CO/2-3
The Committee recommends that the State party step up its efforts to combat
corruption by strengthening the enforcement of the 2008 Anti-Corruption Law (and
related regulations; ensuring that judges, prosecutors and the police are aware of the
need for strict enforcement of that law; introducing preventive measures, such as a
zero-tolerance policy; and ensuring, in law and in practice, that public affairs are
conducted in a transparent manner.
Non-discrimination
13.
The Committee is concerned that there is no comprehensive anti-discrimination law
in the State party and that the existing legal provisions are partial and fragmented (arts. 2,
para. 2, and 15).
The Committee reiterates its previous concluding observations (E/C.12/TJK/CO/1,
paras. 14–16) and urges the State party to expedite the adoption of a comprehensive
anti-discrimination law that provides a definition of direct and indirect discrimination
and includes all the grounds for discrimination set out in article 2, paragraph 2, of the
Covenant. In this regard, the Committee draws the attention of the State party to its
general comment No. 20 (2009) on non-discrimination in economic, social and cultural
rights.
Persons with disabilities
14.
The Committee is concerned that the 2010 Law on Social Protection of Persons with
Disabilities does not provide a clear definition of persons with disabilities and that the
classification of disability, based on the degree of lost ability to work, has led to exclusion
from employment of persons with disabilities. The Committee is also concerned at the lack
of reasonable accommodation of persons with disabilities, including physical accessibility
to buildings and facilities, particularly schools and health-care clinics (art. 2, para. 2).
The Committee recommends that the State party consider reviewing the 2010 Law on
Social Protection of Persons with Disabilities with a view to explicitly recognizing
denial of reasonable accommodation as a form of discrimination under the law, and
adopt all the necessary policy and organizational measures to improve the enjoyment
of economic, social and cultural rights by persons with disabilities. In this context, the
Committee draws the attention of the State party to its general comment No. 5 (1994)
on persons with disabilities. The Committee also recommends that the State party
ratify the Convention on the Rights of Persons with Disabilities.
Refugees and asylum seekers
15.
The Committee is concerned that, despite legal reforms undertaken by the State
party, the access of refugees and asylum seekers to certain urban areas still remains
restricted, which, inter alia, limits their access to the labour market, health care, education,
housing and other services (art. 2, para. 2).
The Committee recommends that the State party take the necessary steps to lift the
restrictions under Presidential resolutions No. 325 (2000) and No. 328 (2004), with a
view to ensuring enjoyment by refugees and asylum seekers of the economic, social
and cultural rights enshrined in the Covenant, and that it consequently repeal
article 499 (part 3) of the Administrative Code, which provides for administrative
penalties and the deportation of those in violation of the above-mentioned resolutions.
Equality between men and women
16.
The Committee is concerned about the entrenched gender stereotypes which affect
the enjoyment by women of their economic, social and cultural rights and result in
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