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threat of being jeered at by mobs of religious fanatics. In their opinion, such rigid views and
politicization of religion should be tackled at the grassroots level by protecting those who
challenge such bigoted forces and through substantive information campaigns that target teachers
as well as students. They also pointed at outside influence in encouraging radical religious
groups. As an example, they referred to reports that wives of imprisoned Hizb-ut Tahrir
members received between 150 and 200 United States dollars per month from abroad.
VI. CONCLUSIONS AND RECOMMENDATIONS
51. The Government should actively protect and promote the freedom of religion or
belief of both the Muslim communities and the various religious minorities in Tajikistan.
The recommendations by the Special Rapporteur refer specifically to the issues of
registration, proselytism, the situation of women, places of worship, conscientious objection
and counter-terrorism measures.
52. The Special Rapporteur wishes to reiterate that the right to freedom of religion is not
limited to members of registered religious communities (see also E/CN.4/2005/61,
paras. 56-58). Registration should not be a precondition for practising one’s religion,
although it is appropriate to require registration for the acquisition of a legal personality
and related benefits. In the latter case, registration procedures should be easy and quick
and not depend on extensive formal requirements in terms of the number of members or
the length of time a particular religious group has existed. Furthermore, registration
should not depend on reviews of the substantive content of the belief, the structure and the
clergy. Finally, no religious group should be empowered to decide on the registration of
another religious group. Consequently, a domestic provision prohibiting all unregistered
religious activity would not be in conformity with international human rights standards.
Re-registration requirements that operate retroactively or fail to protect vested interests
should also be questioned and an adequate transition period should be envisaged
concerning the application of new registration rules.
53. The Special Rapporteur cautions against the adoption of legal provisions that would
prohibit actions directed at converting believers of one confession to others as well as any
other charitable or missionary activity that exerts intellectual, mental or other pressure on
citizens in proselyte aims. In this regard, the Special Rapporteur would like to refer to the
section on missionary activities and propagation of one’s religion in her 2005 report to the
General Assembly (A/60/399, paras. 59-68), in which she stated that missionary activity was
accepted as a legitimate expression of religion or belief and therefore enjoyed the
protection afforded by article 18 of the International Covenant on Civil and Political
Rights and other relevant international instruments. Missionary activity could not be
considered a violation of the freedom of religion and belief of others if all involved parties
were adults able to reason on their own and if there was no relation of dependency or
hierarchy between the missionaries and the objects of the missionary activities.
54. The Special Rapporteur is concerned about the vulnerable situation of women in
Tajik society, which is also partly influenced by traditional or perceived religious factors.
She associates herself with the concluding comments of the Committee on the Elimination