A/HRC/55/51/Add.2 Committee on Religion, Regulation of Traditions, Celebrations and Ceremonies is the ultimate authority for most of those limitations and, among other responsibilities, approves the registration of religious associations, the construction of houses of worship, the holding of events and other religious celebrations, the participation of anyone under the age of 18 years in religious activities and the importing and distribution of religious literature. No member of a religious minority appears to sit on the Committee. 43. The impact of the restrictions set out in the country’s legislation on the manifestations of belief by members of religious or belief minorities, in addition to those by the majority, has been enormous. In 2023, Tajikistan remained one of only 12 countries to appear on the list of countries of particular concern of the Commission on International Religious Freedom of the United States of America for its severe restrictions on freedom of religion or belief.11 44. Some State officials seemed to believe that the current restrictions were “fair” since they applied to “everyone”. They seemed to be unaware or not to appreciate that simply applying the restrictions broadly did not address the potential for some of them to be impermissible in international law under the International Covenant on Civil and Political Rights with regard to freedom of religion or belief or the right of religious or belief minorities to practise their own faith with other members of their group. During meetings with religious or belief minority representatives, it was brought to the Special Rapporteur’s attention that the Committee on Religion, Regulation of Traditions, Celebrations and Ceremonies did not always proceed with the request for registration of certain religious associations and that it still had in place the “moratorium”, first announced in May 2022, on the registration of new churches for Christians. 45. Numerous United Nations mechanisms have commented on the severe and systematic nature of the restrictions on freedom of religion. The Human Rights Committee has, on various occasions, commented on the widespread denial of the freedom of religion in the country, including in its concluding observations in 2019, in which it addressed the interference by the State in religious affairs, worship and freedom of religion and the ensuing restrictions, which included interference with the appointment of imams and the content of their sermons, control over books and other religious materials, the requirement of State permission for receiving religious education abroad, the prohibition against entering a mosque for those under 18 years of age, the regulations on wearing clothes during traditional or religious celebrations and the prohibition of certain attire in practice, such as the hijab, and restrictions imposed on Christian religious minorities. 12 46. For fear of reprisals, most members of religious or belief minorities asked that their specific situations and identities not be referred to in the present report. The Special Rapporteur will therefore highlight some of the ongoing issues, which have been raised publicly and serve to highlight the continuing denial of the rights of minorities. 47. The law on freedom of conscience and religious associations makes all religious activities with others illegal, unless the activities are permitted under the legislation or have been permitted by the State, usually by the Committee on Religion, Regulation of Traditions, Celebrations and Ceremonies. Manifestations of religious beliefs without State permission is punishable under the country’s Administrative Code, with corresponding fines that were increased by amendments in January 2020 and December 2021. Unauthorized manifestations of religious beliefs can also incur criminal sanctions, as in the case of Shamil Khakimov, a Jehovah’s Witness, who was imprisoned in 2019 for “inciting religious hatred,” after police found religious literature and a Tajik-language Bible in his home. 13 They can also lead religious or belief minorities to face arrest, detention, interrogation, searches, beatings, seizures of religious materials and deportation.14 It was reported to the Special Rapporteur 11 12 13 14 10 Commission on International Religious Freedom, 2023 Annual Report (Washington, D.C., 2023), p. 2. CCPR/C/TJK/CO/3, para. 43. Mr. Khakimov was released only on 16 May 2023, essentially upon the completion of his sentence, despite an urgent appeal by the Human Rights Committee for his release because of his deteriorating health. He is still subject to an order not to participate in any religious organization for an additional three years, until the end of May 2026. Human Rights Committee, Adyrkhayev et al. v. Tajikistan (CCPR/C/135/D/2483/2014), para. 9.2. GE.24-00946