A/HRC/7/10/Add.2 page 2 Summary The Special Rapporteur on freedom of religion or belief, Asma Jahangir, visited Tajikistan from 26 February to 1 March 2007, at the invitation of the Government. The visit was carried out pursuant to her mandate to assess the situation of freedom of religion or belief in the country. Following an explanation of the background of the mission in the introductory section, the second section briefly outlines the political and historical context of Tajikistan, especially referring to the civil war (1992-1997) and the subsequent peacebuilding process. In the third section, the Special Rapporteur provides an overview of the main international legal standards referred to in the country assessment. The domestic legal framework on freedom of religion or belief is summarized in the fourth section, which includes provisions of the Constitution, the Criminal Code and the 1994 Religion and Religious Organizations Act. There are currently plans to have the latter replaced by a draft law on freedom of conscience and religious associations; consequently, the potential changes are examined. The fifth section contains the main part dealing with the respect for freedom of religion or belief in Tajikistan. In terms of religious demography, an estimated 95 per cent of the population consider themselves Muslims, mainly following Sunni Islam, whereas Shia Ismaili Islam is predominant in the autonomous province of Gorno-Badakhshan. Some concerns were raised by Muslims with regard to the legal requirements for mosques, religious schools and pilgrimages. Religious minorities in Tajikistan include Baha’is, Baptists, members of the Grace Sunmin Church, Hare Krishnas, Jehovah’s Witnesses, Jews, Lutherans, Roman Catholics, Russian Orthodox Christians, Seventh-day Adventists and Zoroastrians. Several members of religious minorities have been murdered in past years. There have also been violent attacks on their places of worship and problems with the authorities in the endeavour to keep them intact. Some local authorities have allegedly tried to use the registration process to hinder the activities of religious minorities. Open proselytism is discouraged and the 2006 draft law provides that actions directed at converting believers of one confession to others are prohibited. Many converts face problems in everyday life, predominantly on the social level. In her conclusions and recommendations, the Special Rapporteur stresses the need to devise educational policies aimed at strengthening the promotion and protection of human rights and eradicating prejudices, which are incompatible with the freedom of religion or belief. Registration should not be a precondition for practising one’s religion and any registration procedure should not depend on extensive formal or substantive requirements. With regard to places of worship, the Special Rapporteur emphasizes that the authorities need to take into account the specific character of these places and their particular significance for believers. She is also concerned by the vulnerable situation of women in Tajik society, which is also partly influenced by traditional or perceived religious factors. One of the possible measures to initiate change in the widely accepted subordination of women and to eliminate the causes that lead to polygamous unions could be educational campaigns that address religious and community leaders. Furthermore, she encourages the Government to recognize the right of conscientious objectors to be exempted from military service. Finally, the Special Rapporteur underlines that States must ensure that any measure taken to combat acts of terrorism complies with their obligations under international law, in particular international human rights law, refugee law and humanitarian law. An independent, neutral and impartial judiciary and prompt access to a lawyer are vital to safeguarding also the freedom of religion or belief of all individuals and religious communities.

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