A/HRC/55/47/Add.1 and non-religious convictions and commitments, and allowing them to live their lives accordingly. Manifestations of freedom of religion or belief can be limited only under very strict criteria (see para. 26 below). 13. The Universal Declaration of Human Rights provides that everyone is entitled to all the rights and freedoms set forth in the Declaration, without distinction of any kind, including religion (art. 2). The International Covenant on Civil and Political Rights requires States to prohibit advocacy of national, racial or religious hatred constituting incitement to discrimination, hostility or violence; prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on religious grounds; and respect the right of members of religious minorities to profess and practise their own religion (arts. 20, 26 and 27). IV. Legal and institutional framework on freedom of religion or belief 14. Tajikistan sees itself as a secular State that does not promote any particular religion or belief; secularism constitutes one of the defining characteristics of the State. Indeed, according to the Constitution, Tajikistan is a sovereign, democratic, law-governed, secular and unitary State.5 15. The Constitution provides that everyone has the right freely to determine his or her position toward religion, to profess any religion individually or jointly with others or not to profess any, and to take part in religious customs and ceremonies (art. 26). Everyone is equal before the law and the courts. The State guarantees the rights and freedoms of everyone, regardless of nationality, race, sex, language, religious belief, political persuasion, education or social and property status. Men and women have equal rights (art. 17). The Constitution specifically provides that everyone is guaranteed freedom of speech and of the press and the right to use means of mass information, and that State censorship and prosecution for criticism are prohibited (art. 30). 16. The Constitution asserts that public life in Tajikistan shall develop on the basis of political and ideological pluralism, and that no single ideology of a party, social association, religious organization, movement or group may be recognized as the State ideology. Religious unions are separate from the State and may not interfere with State affairs. The creation and functioning of social associations and political parties propagating racism, nationalism, social and religious enmity or encouraging the forcible overthrow of the constitutional system and the formation of armed groups are prohibited. The establishment of religious political parties is prohibited (art. 8). 17. The Freedom of Conscience and Religious Associations Act (2009) regulates freedom of conscience and of religion in Tajikistan. 6 It guarantees the right to freely choose, disseminate and change religious or other beliefs, as well as to act in harmony with them (art. 4.1) and prohibits incitement to any kind of religious hatred, enmity and conflict, or insult of religious and atheistic feelings of citizens (art. 4.8) However, as explained below, it also imposes numerous restrictions and prohibits large-scale activities by unregistered religious groups (art. 4.9), particularly under the vague category of “mass preaching activities”. 18. In July 2022, Tajikistan enacted its first anti-discrimination law (Act on Equality and Elimination of All Forms of Discrimination). It prohibits both government officials and private citizens from discriminating against individuals on enumerated grounds, and recognizes indirect discrimination and denial of reasonable accommodation. 7 While the Special Rapporteur was informed that Tajikistan is in the process of harmonizing its 5 6 7 4 Constitution of Tajikistan, adopted on 6 November 1994 and amended on 26 September 1999, 22 June 2003 and 22 May 2016, art. 1. The Freedom of Conscience and Religious Associations Act repealed and replaced the Religion and Religious Organizations Act (1994). Article 143 of the Criminal Code (violation of the equality of citizens) criminalizes violation of human rights, inter alia, on the grounds of religion or belief. GE.24-00093