A/HRC/55/47/Add.1
91.
Against this background, the Special Rapporteur recommends the following to
the Government of Tajikistan:
(a)
In the light of the reported climate of fear among religious communities
and human rights defenders, encourage open debate on the meaning of secularism to
overcome the current restrictive interpretation and attitudes within the administration
and law enforcement agencies. The State should provide space to positively
accommodate religious diversity in society without discrimination or fear;
(b)
Review the Freedom of Conscience and Religious Associations Act and the
Act on Regulating Traditions, Celebrations and Rituals with a view to bringing them
into compliance with international standards, in particular article 18 of the
International Covenant on Civil and Political Rights;
(c)
Review and revise all provisions relating to freedom of religion or belief
in the Criminal Code and the Code of Administrative Offences to bring them into
conformity with article 18 of the International Covenant on Civil and Political Rights
and other relevant international human rights standards;
(d)
Allow everyone the freedom to freely manifest freedom of religion or belief
without restriction, surveillance, monitoring and fear, and in line with article 18 of the
International Covenant on Civil and Political Rights;
(e)
Make registration optional and only for the purpose of facilitating the
operational functions of religious organizations. Any registration procedures should be
quick, transparent, fair and free from undue bureaucratic complications.
Non-registered communities must be able to operate free from discrimination and fear
of intimidation. Thresholds for registration at the local, regional and national levels
should be defined in such a way that minorities can fully operate throughout the
country. The ban on proselytism and missionary activities should be overhauled;
(f)
Enable persons belonging to religious minorities to maintain their
characteristics and enjoy the full spectrum of freedom of religion or belief, including
the publishing, printing and importation of literature, the possibility of contributing to
the public media, maintaining places of worship, carrying out charitable activities and
all the rights pertaining to freedom of religion or belief and persons belonging to
minorities enshrined in articles 18 and 27 of the International Covenant on Civil and
Political Rights;
(g)
Provide viable options to religious or belief communities that, for
whatever reason, do not have the status of a recognized religious community or do not
wish to obtain that status, to enable them to obtain an alternative form of legal
personality that would allow them to carry out their community activities;
(h)
Respect the liberty of parents and legal guardians to provide religious
education to their children consistent with their convictions and the evolving capacities
of the child. Adequate infrastructure should be provided to educational institutions,
and private religious schools and similar institutions must be able to function freely and
without undue administrative stipulations;
(i)
Review the vague definitions of “extremism”, as the overly broad range of
offences concerning religious activities have a negative impact on freedom of religion or
belief, of expression and of assembly. The current definitions should be replaced by
clear and narrow definitions. The Rabat Plan of Action can provide practical guidance
in that regard;
(j)
Review the cases of all persons imprisoned on vague extremism-related
charges (see para. 66 above) and release all prisoners of conscience. A mechanism for
redress and compensation for prisoners of conscience must also be established and all
relevant State institutions and the Supreme Court should ensure that the measures for
rehabilitation and reintegration of former prisoners of conscience include immediate
and full reinstatement of their civil, political, economic, social and cultural rights;
(k)
Step up its efforts to adopt the legislation necessary to recognize the right
to conscientious objection to military service without discrimination as to the nature of
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