HUMAN RIGHTS SECTOR MEETING COVERS A BLEAK WATERFRONT

UNCLAS DUSHANBE 000184 DEPT FOR SCA/CEN, DRL E.O. 12958: N/A TAGS: PHUM PGOV ECON TI SUBJECT: HUMAN RIGHTS SECTOR MEETING COVERS A BLEAK WATERFRONT ¶1. (SBU) Summary: Discussions among international organizations and NGOs at the monthly OSCE-hosted Human Rights Sector Meeting on February 11 in Dushanbe revealed little movement on human rights issues. None of the organizations has been able to substantially engage the Government of Tajikistan on human rights issues, and there are early indications that next year's parliamentary elections will be seriously flawed. A new UN Human Rights representative resident in Dushanbe presents an opportunity to better coordinate international efforts. End summary. By-Election Farce ¶2. (SBU) The French Consul gave an assessment of the February 8 by-election for a parliamentary seat representing Dushanbe's Sino District, the country's largest electoral district (the former representative was appointed to another position). The candidate from President Rahmon's party (the PDPT) took 91% of the votes; the second place candidate, from the Islamic Revival Party, took 7%. Representatives from the OSCE and the European missions observed the by-election and noted numerous irregularities: 6 of the 48 precincts were located in military barracks, and observers were prohibited from entering; city officials unaffiliated with the election were inside some precincts, near ballot boxes; PDPT campaign materials were prominently displayed inside precincts, right next to ballot boxes. The reported 70% turnout was inconsistent with the observed turnout: foot traffic at precincts was very slow, and observers estimated that turnout was actually 10-15%. Male heads of household were permitted to vote on behalf of eligible voters in their families, and others were allowed to vote who did not live in the district. A local resident told one of the observers that local officials stuffed the ballot boxes with PDPT votes every few minutes. The UK Ambassador is coordinating the observers' reports and discussing these issues with the Central Election Commission. ¶3. (SBU) The International Foundation for Electoral Systems (IFES) reported that changes to the electoral law proposed last summer by the opposition parties still have not made it into the legislative process. Representatives from the Central Election Commission told IFES that they would have difficulty implementing changes for the 2010 parliamentary elections unless new electoral legislation was passed by March 2009. The OSCE continues to announce its intention to raise electoral issues to the ambassadorial level. However, the prospects for any significant improvements are dimming by the day. Where's The Ombudsman? ¶4. (U) The UN Office of the High Commissioner for Human Rights (OHCHR) announced that a full time international representative will be based in Dushanbe by March or April 2009. OHCHR has been represented in Tajikistan by a national officer, and an international representative used to come down periodically from Bishkek. OHCHR had been a prime advocate for a human rights ombudsman, and Tajikistan passed the legislation in early 2008. The government has not yet appointed anyone to the post, however. With the new staff member the UN will take a more active role in human rights issues. Prisons Still Off Limits, Religious NGOs Harassed ¶5. (SBU) The International Committee of the Red Cross (ICRC) reported that its Deputy Regional Delegate, Rafaello Muller, had visited Dushanbe last week to discuss Tajikistan's continued refusal to sign an agreement allowing ICRC access to Tajikistan's prisons. Muller met with President Rahmon's advisors on law enforcement and constitutional protection, but made no headway. Muller will return to Dushanbe in mid-February to brief the Principals' Group (of resident ambassadors and donor organizations). ¶6. (U) The German Ambassador expressed concern about NGOs that have run into difficulties because the authorities unjustly suspect them of proselytizing. A Dutch/German NGO, ORA International, was subjected to so much harassment that it left the country in early February 2009. An AmCit who worked for the organization was deported in October 2008. She also expressed dismay at the legal proceedings against the Jehovah's Witnesses. The day after the human rights meeting, the Supreme Military Court rejected the organization's appeal of the ban on its activities imposed by the government in October 2007 (septel). ¶7. (SBU) Comment: The issues raised at the Human Rights Sector Meeting underscore the fact that the international community's human rights advocacy in Tajikistan has met broad resistance. Organizations simply have been unable to engage the government in a serious discussion of reforms. The irregularities observed during the February 8 by-election foretell a 2010 parliamentary election that will be plagued by the same problems identified by the OSCE in the 2006 elections. While Uzbekistan and Kyrgyzstan have signed agreements with the ICRC, Tajikistan's prisons remain off limits, as they have for the last 16 years. A new UN human rights representative will give the international community an opportunity to rethink its engagement with the government on human rights. A key challenge is to find an effective high-level Tajik government interlocutor who has the interest and the weight to address human rights issues across the government. The overall trend in the human rights sphere is negative, and demonstrates a government that has no high level interest in human rights reforms. End comment. JACOBSON