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IV. LEGAL FRAMEWORK ON FREEDOM OF RELIGION OR BELIEF
13. According to article 10, paragraph 3, of the Constitution of Tajikistan, international legal
instruments ratified by Tajikistan form an integral part of the national legal system. In the event
of a conflict, the norms contained in the international legal instruments apply. Since its
declaration of independence in 1991, Tajikistan has ratified seven core international human
rights instruments: the Convention on the Rights of the Child (ratified in 1993) and its two
Optional Protocols (ratified in 2002); the Convention on the Elimination of All Forms of
Discrimination against Women (ratified in 1993); the International Convention on the
Elimination of All Forms of Racial Discrimination (ratified in 1995); the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratified in 1995); the
International Covenant on Economic, Social and Cultural Rights (ratified in 1999); the
International Covenant on Civil and Political Rights and its Optional Protocol (ratified in 1999);
and the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (ratified in 2003). Tajikistan has not entered any reservations to these
human rights treaties.
14. The right to freedom of thought, conscience and religion is embodied in the Constitution.
Under article 26 of the Constitution, everyone has the right, independently, to determine their
attitude to religion, to profess either individually or in community with others any religion or
none, and to take part in religious services, ceremonies and rites. According to article 8 of the
Constitution, public life in Tajikistan is developing on the basis of political and ideological
pluralism. No single ideology, including religious ones, may be established as the State ideology.
Religious organizations are separate from the State and may not interfere in affairs of State. The
establishment and activity of public associations and political parties that encourage racism,
nationalism, social and religious enmity and hatred as well as advocate the forcible overthrow of
the constitutional State structures and the formation of armed groups are prohibited.
15. Furthermore, the Religion and Religious Organizations Act, adopted on 1 December 1994,
spells out the constitutional provisions in more detail. Article 3 of the Act prohibits coercion in
any way in respect of the determination of attitudes towards religion, profession of a religion or
refusal to profess any, participation or non-participation in religious services, rites or ceremonies
or in religious instruction. According to article 5, the State is to encourage mutual tolerance and
respect among citizens, whether or not they profess a religion, and among religious organizations
of different denominations as well as their members, and suppresses “religious fanaticism and
extremism”. Children may be taught religious doctrine and receive a religious education from the
age of 7 with the written consent of their parents or guardians, and from the age of 16 and with
their consent, in their free time after school. Registered religious organizations are entitled to set
up educational institutions, however persons teaching religious education must have the
authorization of a clerical directorate. Religious organizations are recognized as legal persons
from the moment of registration of their articles of association (statutes). The registration of
religious organizations is governed by article 14 of the Act, which requires that at least 10
citizens aged 18 or over submit an application accompanied by the statute to the local authorities
in the place where the organization is to be established. The religious associations and
administrations, central mosques, monasteries and seminaries established by religious
organizations submit their approved statutes to the State Body for Religious Affairs for
registration, a controlling, informational, consulting and expert centre which, inter alia, oversees