A/HRC/7/10/Add.2 page 18 56. The Special Rapporteur is concerned that the Government of Tajikistan does not recognize the right to conscientious objection to compulsory military service. She would like to reiterate the recommendation of the Human Rights Committee that the Government take all necessary measures to recognize the right of conscientious objectors to be exempted from military service.7 In line with the Human Rights Committee’s general comment No. 22 (1993), when this right is recognized by law or practice, there shall be no differentiation among conscientious objectors on the basis of the nature of their particular beliefs; likewise, there shall be no discrimination against conscientious objectors because they have failed to perform military service. Furthermore, the Special Rapporteur encourages the Government to ensure that no legislation is adopted which overstates the permissible limitations on the freedom to manifest one’s religion or belief, especially with regard to the issue of conscientious objection to compulsory military service. 57. The Special Rapporteur is conscious of the fact that the obligation of a State to protect and promote human rights require it to take effective measures to combat terrorism. However, she would like to underline that the State must ensure that any measure taken to combat acts of terrorism complies with its obligations under international law, in particular international human rights, refugee and humanitarian law. Some anti-terrorism measures could include elements, or have unintended consequences, that undermine the respect for fundamental human rights. 58. Since Tajikistan does not have an independent national institution for the promotion and protection of human rights, the Special Rapporteur encourages the Government to establish such a national human rights institution in accordance with the Paris Principles (General Assembly resolution, 48/134, annex). She also reiterates the concerns expressed by the Special Representative of the Secretary-General on the situation of human rights defenders about reports that State institutions dealing with human rights are not keen to extend their responsibility to providing human rights protection (E/CN.4/2006/95/Add. 5, para. 1563). Furthermore, she reiterates the recommendation of the Special Rapporteur on the independence of judges and lawyers that the competency of the Constitutional Court to consider individual complaints be enshrined in the Constitution and that the individual complaints procedures be extended to all violations of constitutional rights by acts of public authority (E/CN.4/2006/52/Add. 4, para. 94). An independent, neutral and impartial judiciary and prompt access to a lawyer are vital to safeguarding freedom of religion or belief. 59. The Government should be encouraged to respect the right to freedom of religion or belief of all individuals and religious communities, particularly when adopting specific legislation and policies. The Special Rapporteur trusts that the Government is engaged in seeking the most appropriate approach to dealing with these complex issues, and she hopes that the Government will adopt creative means to address these pressing matters. 7 Official Records of the General Assembly, Sixtieth Session, Supplement No. 40 (A/60/40), para. 92 (20).