A/HRC/7/10/Add.2
page 8
adherence to the provisions of the articles of association of religious organizations and the
current legislation on matters of religion (art. 29). Until the end of 2006, this body was known as
the State Committee on Religious Affairs, whose functions subsequently have been transferred to
the Ministry of Culture.
16. According to article 159 of the Criminal Code, the establishment of religious organizations
whose activities may cause harm to an individual’s health or otherwise harm an individual’s
rights is liable to criminal prosecution. Article 189 of the Criminal Code establishes penalties for
acts intended to incite ethnic, racial, regional or religious enmity. According to article 307,
public calls for violent change to the constitutional order of Tajikistan and the organization of
activities of “extremist organizations” are punishable by law. The dissemination of literature or
publications containing propaganda for, inter alia, religious discrimination or intolerance is
prohibited by the Press and Other Media Act. Furthermore, the Terrorism Act of
11 November 1999 cites as an example of terrorist activity any attempt on the life of a
representative of a national, ethnic or religious group of the population. The Extremism Act of
8 December 2003 defines extremism as “the manifestation by legal or physical entities of the
expression of extreme forms of actions, calling for destabilization, a change to the constitutional
order of the country, seizure of power or appropriation of its authority, the incitement of racial,
ethnic, social and religious enmity”. The Act furthermore deals with the liability of religious
organizations for extremist activities. They include activities of legal or physical entities to plan,
organize, prepare and commit acts aiming to incite racial, ethnic or religious enmity; and
propaganda of exclusion, the superiority or inferiority of a citizen on the grounds of his or her
relationship to religion, social, racial, ethnic, religious or linguistic affiliation (art. 3).
17. In early 2006, a draft law on freedom of conscience and religious association was prepared
by the State Committee on Religious Affairs with a view to replace the 1994 Religion and
Religious Organizations Act. The text of the draft law has been widely criticized by various
religious communities in Tajikistan. Furthermore, the Advisory Panel of Experts on Freedom of
Religion or Belief of the Office for Democratic Institutions and Human Rights provided
comments on the draft law in order to help the authorities bring the draft law into line with
OSCE commitments and international standards pertaining to religion or belief.2 The Special
Rapporteur on freedom of religion or belief sent an allegation letter to the Government of
Tajikistan on 18 May 2006 (A/HRC/4/21/Add.1, para. 286), noting concerns that the draft law, if
adopted in its current state, could lead to limits on the rights of religious communities. For
example, article 16 of the draft law stipulates that all non-registered religious activity is
prohibited. The draft law also provides that the founders of religious organizations and unions
must submit signatures from 200 citizens in support of the establishment of a religious
association. Other draft articles include the condition that any religious organization or union
must have at least 20 founding members, allow religious education only for children who are
2
Comments on the draft law of Tajikistan on freedom of conscience and on religious
associations, prepared by the Advisory Council on Freedom of Religion or Belief, Organization
for Security and Cooperation in Europe/Office for Democratic Institutions and Human Rights,
Opinion-Nr.: REL - TAJ/063/2006 (Adv Council on FoRB), 28 April 2006, are available from
the website www.legislationline.org.