Housing issues remain in the shadow of public attention

A presentation of the study on the situation with the right to adequate housing (RAH) in Tajikistan during the COVID-19 pandemic took place in Dushanbe.

The public organization «Independent Human Rights Protection Center» held a presentation of the results of the study «The situation with the right to adequate housing in the Republic of Tajikistan during the COVID-19 pandemic», which was conducted in May-October of this year.

The main goal of the study was to examine the situation with the right to adequate housing during the COVID-19 pandemic.

The study covers the period from March 30, 2020 to October 30, 2021; it describes the main problems with the realization of the right to adequate housing in Tajikistan and recommendations for improving the situation.

The research work was carried out by Tajik human rights defenders from the public organization «Independent Human Rights Protection Center».

RECOMMENDATIONS OF INTERNATIONAL STRUCTURES

People increasingly face such problems as eviction from residential premises, unauthorized construction, or cases where their residential houses were subject to demolition in connection with the implementation of the Master Plan.

The first session of the event was devoted to the right to adequate housing during the COVID-19 pandemic, the recommendations of international bodies, and the incorporation of recommendations into the national legislation of Tajikistan.

The head of the PO «Independent Human Rights Protection Center», Shoira Davlatova, noted during her presentation that the UN Special Rapporteur on the right to adequate housing, Mr. Balakrishnan Rajagopal, recommended that states declare a moratorium on debts for the alienation of real estate and eviction procedures,  ban forced evictions and legislation in the field of regulating evictions, support the unemployed during the pandemic, observe the rights and protection of tenants and renters, and so on.

Shoira Davlatova emphasized that Tajikistan is a party to practically all the main human rights treaties. The state submitted initial and periodic reports to all UN treaty bodies and received concluding recommendations. Nevertheless, the texts of the treaty bodies’ recommendations are not officially published by the state and are not disseminated among state bodies, and no ongoing monitoring of the process of implementing the treaty bodies’ recommendations is carried out.

«Along with this, there are positive aspects too. For example, on June 5, 2020, the Decree of the President of Tajikistan «On preventing the impact of the COVID-19 infectious disease on the socio-economic spheres of the Republic of Tajikistan» was issued. Also, a working group under the Executive Office of the President of the Republic of Tajikistan prepared a draft Housing Code of the Republic of Tajikistan. On May 24, 2021, the President of the RT submitted the draft Housing Code for consideration to the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan. On May 31, 2021, the draft code was sent to obtain an opinion from the relevant committees of Parliament. At present the draft Code is in the Council of the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan», — Shoira Davlatova recounted.

INTERACTION WITH STATE BODIES

The second session was devoted to the experience of working with state bodies on the realization of the right to adequate housing during the COVID-19 pandemic.

The moderator of this block, the lawyer of the PO «Independent Human Rights Protection Center», Abdurahmon Sharipov, dwelt on the experience of interaction between the human rights defenders of the PO «Independent Human Rights Protection Center» and state bodies in resolving issues of realizing the right to adequate housing during the COVID-19 pandemic.

Abdurahmon Sharipov, beginning his presentation, noted that forced evictions constitute a violation of a number of human rights, including the right to adequate housing, and are therefore prohibited under any circumstances.

«The PO «Independent Human Rights Protection Center», as part of the study on observance of the right to adequate housing (RAH) during the COVID-19 pandemic, in order to obtain data on various aspects of this issue, requested information from state, law enforcement bodies and courts of Tajikistan. Practically all state bodies provided responses. Some answered the questions posed in detail, others limited themselves only to figures, formal incomplete answers, or simply «redirected» to other state bodies», — the speaker emphasized.

ON THE RESULTS OF THE SURVEY

The third block of the event was devoted to the results of the survey of  advocates, lawyers and the population of the regions of Tajikistan conducted as part of the study. The questionnaires included questions on individual criteria in cases of forced eviction or relocation.

The majority of respondents, on the issue of violations of citizens’ housing rights related to the seizure of land for state and public needs, expressed the need to amend the legislation toward increasing guarantees.

The surveyed advocates and lawyers  expressed a desire to participate in educational seminars on the issue of housing demolition and the provision of compensation. To the question of whether people  go to court to appeal decisions of state authorities that ruled to seize a land plot and demolish a house, many of them gave a negative answer, noting at the same time that plaintiffs consider this action pointless.

In her presentation, lawyer Gulguna Shozodaeva noted that the monitoring was conducted on a republic-wide scale, in particular: the Gorno-Badakhshan Autonomous Region (the city of Khorog), Sughd region (the city of Khujand, B. Gafurov), Khatlon region (the city of Bokhtar, Kulyab), cities and districts of republican subordination (Norak, Vahdat, Hisor, Tursunzoda) and the city of Dushanbe (the Ismoili Somoni, Shohmansur, Firdavsi and Sino districts).

The aforementioned cities and districts were chosen because master plans have been adopted for all regions of the country, as a result of which they are subject to the process of carrying out eviction or demolition. In particular, in GBAO old houses are being demolished to erect new developments. In Khatlon region demolition is mainly related to the widening of roads, in Sughd region and the city of Dushanbe — in connection with landscaping.

«Among the residents of the regions of Tajikistan, 136 respondents were covered by the survey. In practically all regions of the country, the majority of respondents indicated that they had not gone to court to appeal decisions of state authorities that ruled to seize a land plot and demolish a house, citing various reasons», — Gulguna Shozodaeva stated.

Regarding the survey of lawyers, the speaker noted that the respondents were 48 people from among advocates, lawyers of organizations and legal aid offices.

«During the survey, advocates and lawyers indicated that on the issue of violations of citizens’ housing rights related to the seizure of land for state and public needs, there is a need to amend the legislation so that there are more guarantees. They expressed a desire to participate in educational seminars on the issue of housing demolition and the provision of compensation», — Gulguna Shozodaeva recounted.

PRESS REVIEW

The concluding part of the event was the topic: «A review of the coverage of the right to adequate housing in the media during the COVID-19 pandemic».

The moderator of this block was journalist Akmal Mannonov. During the presentation he recounted that over the period from March 30, 2020 to October 30, 2021, the number of materials on the topic of RAH in the media tended toward a slight increase. In both state and private (independent) media, the materials were mainly informational (news), but in private publications event-based and analytical materials, reports and investigations appeared. In state publications, for example in the parliamentary newspaper «Sadoi mardum», appeals from citizens about violations of their housing rights were also published

«The thematic scope of citizens’ appeals and the coverage of the topic of the right to adequate housing differ depending on the type and form of ownership of the media. Thus, all state media cover the resolution of the housing issue after the fact. To be fair, let us note that the government publication «Jumhuriyat» and the parliamentary newspaper «Sadoi mardum» do nonetheless publish problem-oriented materials from the regions of the country or individual appeals from citizens about violations of their housing rights.  Regional media, however, try not to touch on acute housing issues at all. The majority – private media – focus on individual cases and problems, but do not touch on the essence of the issue, which often remains in the shadows of public attention», — the speaker emphasized.

According to experts, in housing matters notaries also often make mistakes , the consequences of which can be quite deplorable. 

In this connection, the other day the public organization «Independent Human Rights Protection Center» held  a training seminar for representatives of the notary system on the fundamentals of the right to adequate housing in Tajikistan.

15 representatives of notary offices of the cities of Dushanbe, Hisor, and the Shahrinav district improved  their qualifications in the field of observance of legality in protecting the human right to adequate housing and preventing violations of citizens’ housing rights during the notarial certification of real estate contracts concluded between a citizen and a legal entity (a construction company-developer).

It was noted that housing provided to citizens in connection with their relocation must meet the following requirements:

-the amount of living space per person is set at 12 square meters;

— the premises provided to citizens must be amenitized in accordance with local conditions and meet the established sanitary and technical requirements;

-residential houses are provided within a single populated locality;

-when providing an apartment, it is prohibited to place persons of different sexes over 7 years of age in one room, except for spouses;

-people with disabilities, the elderly, people with cardiovascular diseases and other serious illnesses are provided with housing in low-rise buildings or buildings with elevators;

-when determining the size of the housing provided, the presence in the family of a woman whose pregnancy term exceeds 12 weeks is taken into account;

-if the tenant occupied a separate apartment consisting of more than one room, they will be provided with an apartment or house with the same number of rooms.

Meanwhile, touching on housing matters in his Address to the country’s Parliament, the President of Tajikistan Emomali Rahmon noted that  over the past 20 years 138 thousand hectares of land, including 52 thousand hectares of irrigated land, were distributed to 1 million 400 thousand families for housing construction. This was stated by the President of the Republic of Tajikistan Emomali Rahmon.

According to the Head of State, that is, 8 million 800 thousand residents of the country gained the opportunity to improve their housing conditions.

The Leader of the Nation recalled that over the 70 years before the period of independence, only 77 thousand hectares of land had been allocated to 530 thousand families for housing construction.

Vecherka