A/HRC/55/47/Add.1
IX.
Conclusions and recommendations
86.
The Special Rapporteur notes that, while freedom of religion or belief as a human
right is inherent to every human being, it is not recognized in law and in practice in
Tajikistan. This poses a fundamental challenge for religious freedom in Tajikistan,
especially since it is subordinated to the national or communal interest, and other
freedoms are also undermined. She notes that the right to manifest one’s faith in public
or in private, alone or in a group, is an inalienable right under international law that
should not be contingent upon State approval or administrative registration. The right
to manifest one’s religion includes carrying out actions to persuade others
non-coercively about one’s religion. State-imposed limitations on freedom of religion or
belief cannot be legitimate unless they are not discriminatory and they meet the criteria
set out in article 18 (3) of the International Covenant on Civil and Political Rights.
87.
Even though freedom of religion or belief is guaranteed by the Constitution, it is
extensively limited and regulated by the Freedom of Conscience and Religious
Associations Act, the Act on Parental Responsibility for the Education and Upbringing
of Children, the Act on Regulating Traditions, Celebrations and Rituals, the Criminal
Code and the Code of Administrative Offences. These laws set burdensome registration
requirements, criminalize unregistered religious activity, set strict limits on the number
and size of mosques, stipulate State interference in the appointment of imams and the
content of sermons, impose State controls on the content, publication and import of
religious materials and prohibit proselytism and missionary activities. The State bans
all private religious education that it has not sanctioned and parents are deprived of
their right to educate their children according to their convictions. Religious pilgrimage
is extensively regulated.
88.
(Religious) extremism or radicalization is seen by the authorities as the main
challenge for the country. State control of religions, strict surveillance and regulation
of religious activities and practices are often justified as necessary to combat extremism
and protect public security, regardless of their high human rights cost. Hundreds of
people have been imprisoned for up to 15 years or more on vague extremism- or
terrorism-related charges.
89.
The authorities’ pursuit of security does not stand at loggerheads with freedom
of religion or belief. Quite the contrary. Widening the scope of freedom of religion or
belief will lend confidence, vibrancy and conviction to the people in Tajikistan in both
their unity and diversity and protect them from any vulnerability to find appeal in those
who call for violations in the name of religion or belief. The Special Rapporteur
underlines that there is a need to transition from a toleration model to a universal
human rights model with regard to religion or belief. Such a reform process should be
participatory, transparent, accountable and sustained with a holistic approach to
human rights. What is required is not just the adoption of new laws, but institutional
reform backed by a strong political will and a shift in attitude led and encouraged by
the Government. It will also require the support of the international community to both
the Government of Tajikistan and Tajik civil society to sustain the momentum.
90.
Since 2016, Tajikistan has been designated by the State Department of the United
States of America as a “country of particular concern” (CPC) for its serious violations
of religious freedom. In several meetings, the authorities robustly articulated
determination that they should be taken off the CPC designation, and reference was
made to a 2022 study on the experience of neighbouring Uzbekistan in this regard. The
Special Rapporteur underlines that the entities collaborating with Tajikistan, including
the diplomatic community, the United Nations country team, the Organization for
Security and Cooperation in Europe, the United Nations Office on Drugs and Crime
and others, can have an important role in supporting such a change by making freedom
of religion or belief integral to multilateral diplomacy and all bilateral engagements and
collaborations.
GE.24-00093
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