Case Study: When a national government requests UN support

Establishing a NHRI in Tajikistan 2006-20083

In 2006, Tajikistan did not have an independent NHRI. While national legislative bodies could address human rights as regards both domestic legislation and international human rights instruments ratified by Tajikistan, none of these organizations was an effective, autonomous protector of human rights.

Ombudsman conference and OHCHR mission February 2006

In February 2006, OHCHR undertook a mission to Tajikistan to support and participate in a conference jointly organized by OSCE, OHCHR and UN Tajikistan Office of Peace-building (UNTOP). Financial support came from OSCE, the Swiss Agency for Development and Cooperation and the Swedish International Development Cooperation Agency. Bilateral meetings with the Government and civil society were held.

The conference familiarized participants with the ‘Paris Principles’, providing best practices of NHRIs in other countries. Establishing a NHRI in Tajikistan was presented as a possible outcome. Some 80 participants attended the conference, including representatives of the Government and Parliament, the judiciary, law enforcement bodies, academics, NGOs and international organizations. International expertise was from OHCHR, national human rights institutions (Denmark, Northern Ireland, and Ombudsmen from CIS countries, and Mongolia) attended. The conference stressed the importance of a wide consultation at the national level with involvement of civil society. It proposed a mandate that is as broad as possible, with strong complaint handling powers and unconditional access to places of detention.

UNCT Information Note

In April 2007, OHCHR sent a letter to UN Resident Coordinators, including Tajikistan. Accompanied was an Information Note to the attention of the United Nations Country Team outlining the steps that can be taken in close coordination with OHCHR on the establishment and strengthening of national human rights institutions.

High Commissioner visit to Central Asia April 2007

As part of a visit to Central Asian countries, the High Commissioner visited Tajikistan in April 2007 where she supported the establishment of a national human rights institution. On 30 April 2007, the President of Tajikistan recommended to Parliament to create a NHRI. The Minister for Foreign Affairs of Tajikistan then sent a letter in August 2007 officially requesting technical assistance to set up a NHRI.

A government working group

A governmental working group was entrusted with the development of draft legislation. It had 11 members.

Selection of an international expert

An international expert was selected by the OHCHR’s Regional Representative for Central Asia in partnership with the UNDP to accompany the governmental working group in its drafting process. Drafts were developed and commented on, and shared by the government with the NGO and academic communities in a conference held in Dushanbe in December 2007. The governmental working group went on a regional study tour and was provided with materials on the merits of different human rights institutions in the country.

Enabling Law:

The NHRI legislation was passed in 2008.