14. (...) The Committee recommends that the State party:
(d) Resolve the problem of the stateless persons and consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness;
(e) Speedily conclude ongoing legislative efforts, with the assistance of the United Nations High Commissioner for Refugees, to adopt a new Law on Citizenship and revise the Refugee Law.
16. The Committee expresses its concern regarding the amendment of the Family Code in 2011 which restricts the right of foreigners and stateless persons, including migrants, to marry Tajik women by requiring legal residence in the country for at least one year and a mandatory prenuptial agreement providing the Tajik spouse with a dwelling. The Committee regrets this provision which has a discriminatory effect, in violation of the Convention (arts. 2 and 5).
In the light of its general recommendation No. 30 (2005) on discrimination against non-citizens, the Committee recommends that the State party review its legislation to bring it into full compliance with its international obligations and the Convention, in particular the State party should ensure that non-citizens are afforded effective enjoyment of the rights mentioned in article 5 of the Convention without discrimination. The Committee recalls that State parties have the duty to ensure that legislative guarantees against racial discrimination apply to non-citizens regardless of their immigration status, and that the implementation of legislation does not have a discriminatory effect on non-citizens. The Committee recommends that the State party take this into account in the new law on citizenship in order to find other ways and means to protect Tajik women while avoiding discrimination on ethnic or national ground.
Protection/Enjoyment of rights