Do Tajikistan Need a Law to Protect Human Rights Defenders?
Tajikistan does not have a special law regulating the status and mechanism for protecting human rights defenders. Government bodies consider the existing legal framework sufficient; however, experts emphasize that general legislative guarantees without an operational practical mechanism cannot ensure comprehensive security for activists in this field.
What does the justice minister say?Muzaffar Ashuriyon, Tajikistan’s minister of justice, during a recent press conference clarified the official position of the ministry, stating that the country has the necessary legal framework to protect persons engaged in the protection of citizens’ rights.
In particular, according to the minister, the laws of the Republic of Tajikistan «On Advocacy and Advocacy Activities» and «On Legal Assistance» provide certain norms for the protection of the rights and legitimate interests of this group of persons.
At the same time, Ashuriyon emphasized that in case of necessity, the authorities are ready to consider the question of adopting a new law or making amendments and additions to the corresponding existing laws.
Lawyer calls adoption of new law an important stepKhurshed Kurbonshoev, a Tajik lawyer, believes that the adoption of the Law «On Guarantees of Human Rights Defense Activities and Protection of Human Rights Defenders» could be important and necessary for Tajikistan. However, he clarifies that the main purpose of such a document should not be to provide any benefits or special privileges, but to ensure the guarantee of every person’s right to human rights defense activities and their protection from threats and persecution.
According to the lawyer, the concept of a human rights defender should not be limited to obtaining a license, certificate, inclusion in an official list, or membership in a particular organization. The main criterion should be the content and nature of a person’s activities, since a human rights defender can be not only a lawyer, but also a journalist, researcher, employee of a civil society organization, or an ordinary citizen protecting the rights and freedoms of other people.
Kurbonshoev says that to launch the protection mechanism, the relevant authorities must assess three points:
— the presence of legitimate human rights defense activities;
— the presence of a threat, pressure, or risk against a person;
— a direct connection between this pressure and their human rights defense activities.
If this connection and risk are substantiated, according to the lawyer, the protection mechanism should be activated immediately without requiring any «official status of a human rights defender.»
What does the justice minister say?Muzaffar Ashuriyon, Tajikistan’s minister of justice, during a recent press conference clarified the official position of the ministry, stating that the country has the necessary legal framework to protect persons engaged in the protection of citizens’ rights.
In particular, according to the minister, the laws of the Republic of Tajikistan «On Advocacy and Advocacy Activities» and «On Legal Assistance» provide certain norms for the protection of the rights and legitimate interests of this group of persons.
At the same time, Ashuriyon emphasized that in case of necessity, the authorities are ready to consider the question of adopting a new law or making amendments and additions to the corresponding existing laws.
Lawyer calls adoption of new law an important stepKhurshed Kurbonshoev, a Tajik lawyer, believes that the adoption of the Law «On Guarantees of Human Rights Defense Activities and Protection of Human Rights Defenders» could be important and necessary for Tajikistan. However, he clarifies that the main purpose of such a document should not be to provide any benefits or special privileges, but to ensure the guarantee of every person’s right to human rights defense activities and their protection from threats and persecution.
According to the lawyer, the concept of a human rights defender should not be limited to obtaining a license, certificate, inclusion in an official list, or membership in a particular organization. The main criterion should be the content and nature of a person’s activities, since a human rights defender can be not only a lawyer, but also a journalist, researcher, employee of a civil society organization, or an ordinary citizen protecting the rights and freedoms of other people.
Kurbonshoev says that to launch the protection mechanism, the relevant authorities must assess three points:
— the presence of legitimate human rights defense activities;
— the presence of a threat, pressure, or risk against a person;
— a direct connection between this pressure and their human rights defense activities.
If this connection and risk are substantiated, according to the lawyer, the protection mechanism should be activated immediately without requiring any «official status of a human rights defender.»
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