A/HRC/55/47/Add.1
the over 3 per cent of the population that are Ismailis. Restrictions on places of worship also
have a strong impact on other religion or belief communities. While surveillance, imposed
reporting and intrusion apply across the board, they have a disproportionate and disparate
impact on minority religions.
B.
Observance and practice
32.
The 2017 amendment to the Act on Regulating Traditions, Celebrations and Rituals
introduced numerous new restrictions, including the banning of the normal celebratory meals
to honour pilgrims returning from the hajj, requiring everyone to respect an undefined
national dress and banning the customary offering of food on the third, seventh and fortieth
days after a funeral. It also makes the State Committee for Religious Affairs responsible for
defining what procedures should be followed for funerals and the subsequent mourning
period and makes the Government responsible for organizing all hajj and umrah to Mecca.
The Special Rapporteur understands that only men over the age of 40 are permitted to
perform the hajj.
33.
Several officials asserted that the aim of the amendments was to prevent excessive
spending and borrowing for weddings, funerals, childbirth celebrations and festivities.
Violations of the Act are recognized as misdemeanours and incur heavy fines. While
encouraging financial responsibility is a worthy aim, the restriction on religious practice is
worrying. The Special Rapporteur also notes with concern that events should be conducted
in the State language, Tajik, and people are required to demonstrate respect for the national
dress, including Islamic religious attire. This results in restrictions on the right of minorities
to enjoy their own culture and practice, in violation of article 27 of the International Covenant
on Civil and Political Rights.
C.
Registration of religious associations
34.
The Freedom of Conscience and Religious Associations Act requires religious
organizations to complete burdensome applications to operate legally. Applicants must
secure an attestation from local government officials confirming that at least 10 persons over
18 years old in their locality are members. Applicants must then submit detailed information
to the State Committee for Religious Affairs, including the organization’s planned activities,
founders and structure, and basic tenets and attitudes toward education, family, marriage and
health. They must also report on the number of members over the previous five years,
providing a charter covering all features of the confession and information on sources of
funding and properties (arts. 13–15). Once registered, associations are required to provide an
annual report of activities and to cooperate with State monitoring, and specifically to not
impede the presence of representatives of the authorized State body at their religious events
(art. 19).
35.
The Government exercises broad discretion with regard to denying applications and
stripping religious organizations of their registration. In 2011 and 2012, amendments to the
Code of Administrative Offences and the Criminal Code set new penalties, including heavy
fines and long prison terms for religion-related charges such as organizing or participating in
“unapproved” religious meetings.
D.
Importation, publication and distribution of religious literature
36.
Pursuant to the Freedom of Conscience and Religious Associations Act, the
Government must approve the production, import, export, sale and distribution of all the
religious literature of registered religious groups, which constitutes in effect a ban on
religious materials for unregistered religious groups. The Government claims that such
literature is examined to prevent incitement to religious hatred. The analysis is carried out by
the State Committee for Religious Affairs or its appointed experts, as the authorized State
body with the State theological expertise to establish the distinctive features of the religious
association and the accuracy of the information about their beliefs and religious activities
GE.24-00093
7