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disseminate beliefs related to his/her attitude toward religion and to participate in the practice of
religious cults, rituals and ceremonies. According to article 19 of the Constitution, Turkmenistan
guarantees the equality of rights and freedoms and of a man and citizen and the equality of a man
and citizen before the law regardless of their, inter alia, attitude toward religion. In addition,
article 30 prohibits the creation and activity of political parties and other public organizations
aiming at, inter alia, a violent change of the constitutional structure, allowing violence in their
activities, acting against the constitutional rights and freedoms of citizens, propagating war,
racial, national or religious enmity. This article also prohibits the creation of paramilitary
organizations and political parties based on ethnic or religious criteria.
14. The Law of Turkmenistan on freedom of conscience and religious organizations
(“Religious Organizations Law”), adopted on 21 October 2003, spells out the foregoing
constitutional provisions in more detail. It replaces the 1991 Law on freedom of conscience and
religious organizations and its subsequent amendments in 1995 and 1996. Article 2 recognizes
that in case an international treaty to which Turkmenistan is a signatory party sets rules which
are different from those contemplated in this Law, the rules of the international treaty shall
apply. Religious education is governed by articles 6 and 9. Accordingly, children may be
provided religious education at mosques for no longer than four hours a week upon approval of
the Council on Religious Affairs and of the parents. Furthermore, providing religious education
in private is prohibited. Article 9 also indicates that citizens of Turkmenistan may receive
religious education at a specific faculty in the Magtymguly Turkmen State University. Article 11
prohibits the activity of unregistered religious organizations and defines the registration
procedure through the Council on Religious Affairs and the Ministry of Justice. The following
articles 12 and 14 determine the reasons for refusing to register a religious organization or
liquidating it. Such reasons include the non-religious nature of the organization, the interference
of the religious organization in family relations that result in the breakup of a family or the
propaganda of war and social, racial, national or religious discord. Article 15 and 16 regulate the
property of religious organizations and allow them to possess buildings and other property
needed to ensure their activities, as well as property that was acquired or created at their own
expense. According to article 19, religious organizations have the right to freely establish and
maintain accessible places of religious service or religious ceremonies as well as places of
pilgrimage. This article also prohibits the wearing of religious costumes in public places, except
for priests of religious organizations. Under article 20, citizens of Turkmenistan and religious
organizations are allowed to acquire, purchase and use religious literature. Import, export and
dissemination of religious literature encouraging religious, national, interethnic and racial
discord are however not permitted. Furthermore, delivery and dissemination of religious
literature published abroad shall be conducted upon the expert assessment of its content by the
Council on Religious Affairs. The mandate of the Council on Religious Affairs is determined by
article 7.
15. The 2003 Religious Organizations Law was modified in 2004 through several amendments
and presidential decrees. As a result, the numerical threshold for registration was reduced from
five hundred members to five in March 2004. A difference was also established between
religious groups, which shall consist of no more than 50 citizens, and religious organizations,
which shall consist of no less than 50 citizens. Moreover, the Ministry of Justice was no longer
required to publish in the local media a list of registered religious organizations. In addition,
whereas unregistered religious activity was regarded as a criminal offence, it became an
administrative offence in May 2004. Hence, according to article 205 of the Code of