A/HRC/55/47/Add.1
Rights, art. 18 (1)). The freedom to manifest religion or belief encompasses a broad range of
acts, including ritual and ceremonial acts giving direct expression to belief, the building of
places of worship, the wearing of distinctive clothing or head coverings, participation in
rituals associated with certain stages of life, the freedom to choose religious leaders, priests
and teachers, the freedom to establish seminaries or religious schools and the freedom to
prepare and distribute religious texts or publications.9 The concept is developed further in the
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief (art. 6), adopted by the General Assembly in 1981.
26.
While freedom of religion or belief can be limited in international human rights law,
it may be subject only to such limitations “as are prescribed by law and are necessary to
protect public safety, order, health, or morals or the fundamental rights and freedoms of
others” (International Covenant on Civil and Political Rights, art. 18 (3)). Limitations must
also be proportionate, the least intrusive and restrictive measure possible and
non-discriminatory.
27.
The Tajik authorities widely shared the misguided belief that the freedom to manifest
religion or belief can be limited on the grounds of national security. This is explicitly not the
case.10 Neither can it be subject to derogation in times of public emergency that threaten the
life of the nation (International Covenant on Civil and Political Rights, art. 4 (2)).
V. Manifestation of religion or belief in practice in Tajikistan
A.
Worship
28.
According to the Freedom of Conscience and Religious Associations Act, religious
associations operate in the form of religious communities and religious organizations
(art. 10.1). The Act establishes the types of religious community, which include Friday prayer
mosques, five-time prayer mosques, jama’at khanehs (Ismaili prayer houses), preaching
houses and others that are not in contradiction with the law.
29.
The Act sets strict limits on the number of mosques and provides that grand (Friday
prayer) mosques can be established in areas where the population is between 10,000 and
20,000 people. Five-time prayer mosques can be established in areas where the population is
between 100 and 1,000 inhabitants. In practice, that means that, while Muslim men may, at
best, be able to attend local mosques for daily prayers, they have to travel long distances for
Friday prayers, in effect putting congregational Friday prayer out of reach for most and
imposing private practice of this congregational prayer.
30.
When the Special Rapporteur proposed that imams who offer the Friday sermon
should be considered civil servants, the authorities claimed that, as the pay that such imams
receive through State channels is informal and low, it should not be considered a salaried
post. The text of the Friday sermon, however, is passed to such imams to read along with any
Presidential announcements. In recent years, the State Committee for Religious Affairs and
Regulation of Traditions, Ceremonies and Rituals has organized special training courses for
such imams and religious leaders and has banned imams trained in countries such as Egypt,
the Islamic Republic of Iran, Pakistan and Saudi Arabia from acting as imams in Tajikistan,
concluding that this has harmed the religious calm of Tajikistan.
31.
The number and regulation of mosques and other places of worship nationwide leads
to severe restrictions on the freedom to manifest religion or belief through worship.
Thousands of mosques have been refused and closed down through the State Committee for
Religious Affairs approval process. At the same time, the largest mosque in Central Asia,
funded by Qatar, with a capacity to accommodate 115,000 persons was recently inaugurated
in Dushanbe. The large-scale closure of jama’at khaneh leaves only three remaining, one in
Khorugh, one in Dushanbe and a small one in Jayhun district, which is wholly inadequate for
9
10
6
Human Rights Committee, general comment No. 22 (1993), para. 4.
See Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions
and Human Rights, Freedom of Religion or Belief and Security: Policy Guidance (2019).
GE.24-00093