A/HRC/55/51/Add.2
that even praying privately at home continued to be an illegal activity if anyone outside of
the immediate family was present. The only public religious activity in which young people
may participate are funerals.
48.
Most representatives of religious or belief minorities stated that the existing
restrictions continued to be burdensome and disproportionate and severely hampered their
religious practices. For example, only two Ismaili mosques are permitted in Tajikistan, one
in Khorog and the other in the Dushanbe, some 600 km apart, which makes it impossible for
many Ismaili Shi’a, who make up only 3 to 4 per cent of the population, to freely practise
their faith with other members of their community, as required by article 27 of the
International Covenant on Civil and Political Rights. Numerous smaller non-Sunni groups
also continued to indicate that they were being denied local registration for some of their
members. That means that any manifestation of religious beliefs could be deemed illegal at
the local level, even though that would seem to be in contradiction with the national
registration status of that particular religious group.
49.
The discussions held by the Special Rapporteur with various members of civil society
confirmed that that state of affairs remained in 2023 and might even have become worse, at
least for members of the Ismaili Shi’a minority, because of the violent incidents of 2021 and
2022 in the Kŭhistoni Badakhshon Autonomous Province. Indeed, the fear of repercussions,
implicit or expressly admitted, explains the refusal of in-person meetings in Tajikistan with
the Special Rapporteur, except for a few individuals.
50.
A few religious or belief minorities, particularly smaller, less threatening ones (Jews
and Zoroastrians) or long-established communities (Russian Orthodox and Catholic) either
did not wish to meet with the Special Rapporteur or indicated having no concerns or
experiencing any difficulties. Those were the exceptions, with all others sharing their
appraisal that, as religious or belief minorities, they could not practise their beliefs freely
because of the numerous restrictions, could not be registered or had difficulty being
registered15 and experienced others forms of the denial of their rights. Some groups appeared
to be targeted in particular, either because their beliefs might be considered to be threatening
(Jehovah’s Witnesses, because of their proselytizing activities and conscientious objection to
military service) or because they were perceived as disloyal or as undermining the current
regime (the Pamiri, who are mostly Ismaili Shi’a and, at the same time, members of a
linguistic and ethnic minority). The Special Rapporteur was informed that newer, less
traditional religious communities appear to be less tolerated in Tajikistan. He shares the views
of the Human Rights Committee, which concluded that the refusal to reregister an association
of Jehovah’s Witnesses and their prosecution because of their objection to military service
or their discussion of their beliefs in homes and in public places, including the street, could
not be the basis for discriminatory treatment and observed that religions and beliefs should
not be discriminated against on the ground that they were newly established or represented
religious minorities that might be the subject of hostility on the part of a predominant
religious community.16
51.
As a general observation, there is a lack of understanding of the obligations of
Tajikistan in relation not only to the international legal standards of freedom of religion or
belief but also to the separate rights of persons who belong to religious minorities to practise
their faith with other members of their community. When questioned about existing
restrictions on the freedom of religion imposed on children and the number of places of
worship in which groups of people may hold religious activities or the days on which they
may hold them, the response of State officials was simply one of denial and of broad
generalizations, such as “freedom of religion is fully respected in Tajikistan.”
15
16
GE.24-00946
Registration must be obtained both nationally and locally for individual religious groups. A religious
community may be registered nationally but still find that one local group of its believers is not
permitted to register. In the latter case, they may not manifest any form of religious or belief
practices, even inside the privacy of their own homes, until and only if they are registered locally.
Adyrkhayev et al. v. Tajikistan, paras. 9.6 and 9.7.
11