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280208 - Lower chamber of the Tajik parliament has ratified a bill on "Authorized Person for Human Rights (Ombudsman) in the Republic of Tajikistan", Asia-Plus reports. While introducing the bill, Tajik President’s representative in the parliament Zarif Alizoda pointed out that the ombudsman would be appointed by the president for 5 years. The nominee would be put to vote at Majlisi Namayandagan (lower chamber) before taking the oath.

The Ombudsman could be anyone above 35 years old with high juridical education, stated Alizoda. One person can serve not more than two successive terms.

Muhyiddin Kabiri, the leader of the Islamic Rebirth Party was the only MP to make a suggestion to improve the bill. He suggested making the post elective rather than being appointed by the head of the state. His proposal was rejected by the majority of the MPs and the bill was ratified unanimously by all 60 present MPs.

The creation of an ombudsman position was announced by Emomali Rahmon in his annual address to parliament in April last year. He was actually acting on a recommendation by Louise Arbour, the UN High Commissioner for Refugees during her visit to Dushanbe. Since then Tajik human rights activists have been asking whether the new institution will be able to function independently of government. In an authoritarian country as Tajikistan it is hard to imagine that, say, President’s main critic could be chosen and appointed to that position.

There are some examples in the region itself. Even a totalitarian country as Uzbekistan is not deprived of the institution. In April 2003 the Uzbek parliament adopted the law "On introduction of amendments and supplements in the Constitution", to include an article on electing Authorized Person of Oliy Majlis (parliament) for Human Rights by Legislative House and Senate of the parliament. A law was adopted on August 27, 2004 "On Authorized Person of Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman)". Three years later an Uzbek refugee writes on Craig Murray’s website:

"…Because of Mr Murray British Embassy in Tashkent gained very huge support and popularity among Uzbek people. It became sort of last resort for the most desperate people, for those seeking justice. It should be Ombudsman I suppose, but Ombudsman in Uzbekistan is controlled by Uzbek government and it means it is part of terror machine."

Is there any guarantee that a similar letter by a Tajik refugee will not be sent to a website?

It is wrong to assume that all ombudsmen in Central Asia are bound to seek their governments’ satisfaction. Kyrgyzstan has appeared on news several times solely because of its outspoken independent ombudsman. In a region where few dare challenge the will of the presidents Tursunbai Bakir Uulu, the Kyrgyz Ombudsman, was a man to voice opinions that contradicted the government’s views. He really deserved his Kyrgyz title "Akyikatchy" (Truth-teller), many observers believe. From the 21 November 2002 through the 14 February 2008 Tursunbai Bakir Uulu was in the centre of many news sensations of the region. The Kyrgyz parliament elected a new man, Tursunbek Akun in his place on 14 February. There were four more candidates for the post and the majority of the MPs (50 against 26) supported Akun in a secret voting.

Can there be any hopes that a Tajik Bakir Uulu will step on political stage shortly? It sounds most unlikely. Given Tajik government’s demonstrative democracy one could imagine the Ombudsman’s formal reports even now. Moreover, an ombudsman appointed by the president will resemble his Uzbek counterpart more than the Kyrgyz one.