A/HRC/55/47/Add.1
standards, including due process. The Human Rights Committee has expressed serious
concerns in this regard and the Special Rapporteur underscores the dangers that flow from
this to freedom of religion or belief.14
48.
The policy framework for combating intolerance, negative stereotyping and
stigmatization of, and discrimination, incitement to violence and violence against, persons
based on religion or belief, outlined in Human Rights Council resolution 16/18, and its
follow-up action plan in the Istanbul Process for Combating Intolerance, Discrimination and
Incitement to Hatred and/or Violence on the Basis of Religion or Belief would help Tajikistan
bring its laws and policies in this area in line with international standards.
49.
The Special Rapporteur welcomes the fact that the punishment for incitement to hatred
for first time offenders was reduced to a fine. This reduction in punishment is a good practice
that should be more widely applied as Tajikistan aligns its laws with its international
obligations. The opportunity should also be taken to ensure that criminal punishments and
penalties are proportional to and commensurate with the gravity of the crimes.
50.
Tajik concerns around religious organizations and movements, religious enmity and
the forcible overthrow of constitutional State structures, political parties and armed groups
acting against nationalism and religious hatred can only be understood in the light of the civil
war of 1992–1997. The shadow of that civil war looms very large over the current laws and
practices in Tajikistan relating to freedom of religion or belief. Scope needs to be offered to
freedom of religion or belief in Tajikistan. The imagination of the authorities regarding the
positive contributions of freedom of religion or belief to a harmonious and rich public life
need to grow in appreciation. Religion or belief do not in themselves pose risk factors to
societal life, they can serve as active contributors to development, peace and understanding.
Respect of freedom of religion or belief enhances security and confidence and itself helps to
counter violent extremism.
VII. Particular impacts on various sectors of society
A.
Muslims
51.
The Hanafi school of Sunni Islam is recognized as having a special role in the
development of the national culture and spiritual life of the people of Tajikistan, pursuant to
the Freedom of Conscience and Religious Associations Act, and it has a special place in
public life and policy. However, the Islamic community as a whole is singled out for special
restrictions in the Act. Islamic preaching is permitted only in officially recognized mosques.
There are limitations on the number of mosques allowed per head of population, and others
have been closed or demolished. While officials have claimed that the closures happened at
the request of the mosque congregations, local Muslims have rejected such claims.
52.
According to the Government, there are no officially adopted regulatory standards
regarding men’s beards and women’s clothing. However, the authorities reportedly launched
an anti-beard campaign in October 2010 and in November 2012, the Ulama Council
established the length of men’s beards (one fist) and dress standards for women. Younger
male teachers are banned from having beards, while teachers over the age of 50 are allowed
to have beards of a maximum of 1 cm in length. On 28 April 2023, the head of the national
Committee for Youth and Sports reportedly urged bloggers not to grow beards and to refrain
from promoting beards online, as they might be interpreted as “an expression of solidarity
with terrorist groups” such as the Taliban and they could also pose “a threat to national
security and statehood”.
53.
During her visit to Tajikistan in 2007, the former Special Rapporteur had consultations
with the chairperson and several members of the Islamic Renaissance Party of Tajikistan (see
para. 6 above). The Party had called for respect of the country’s secular Constitution and its
international religious freedom commitments and opposed restrictions on beards,
headscarves and children attending mosque. After the 2015 ban, some 150 Party members
14
10
Adyrkhayev et al. v. Tajikistan (CCPR/C/135/D/2483/2014), para. 9.5.
GE.24-00093