Whose Ombudsman? What Rights? Tajikistan’s National Human Rights Institution and the Virtuality of Activity

Abstract

This research explores the factors leading to the establishment of the national human rights institution (NHRI or Human Rights Ombudsman office) in the Republic of Tajikistan and what accounts for the lack of its measured real activity and political will. The study describes the reasons behind the introduction of the NHRI as part of the internationally-promoted democratization approach. It analyses how and why the Government of Tajikistan decided to establish the NHRI, whether it was the intentional desire to improve the situation with human rights in the country or primarily due to pressures from the international community to adopt such a decision. In this regard, these questions are considered through the virtual politics, empty promises and rational choice theories applied to developing countries and post-communist nations in transition to assess the level of democracy and development aimed at actual implementation of international human rights standards. The research showed that the legislative framework does not meet the requirements of the Paris Principles according to which effectiveness and independence are ensured. The summary of the current human rights situation in Tajikistan helps to understand that there is little if any significant progress in improvement in the human rights sphere. Owing to the analysis and interviews it was revealed that the NHRI is ineffective and does not provide tangible results. Both the institution and the person who is in charge of it (the Ombudsman) have no political will, since both the NHRI and the Ombudsman are dependent on the executive power. This research concludes that the idea of establishment of the NHRI in Tajikistan was advocated and pushed by the international community, while the Tajik Government in its turn has used this opportunity and supported the idea and pleased the latter (the international donors). The rationality of the ruling elite supposes that upon establishment of such an institution, they will receive additional funds inflow and moral recognition by the outside world, and at the same time the country will demonstrate its real or artificial belief in democratic principles and devotion to international human rights standards.