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Administrative Offences, leaders who refuse to register their communities, leaders or participants
who engage in unregistered religious activity, leaders and members or registered religious
organizations who conduct youth work or activity not directly related to religious worship, and
those who violate the regulations on conducting religious ceremonies and processions, will face
fines of between five and ten months’ minimum wages. Article 205 also provides that members
or registered or unregistered religious communities who receive support from any source without
recording it officially may be fined between ten to twenty months’ minimum wages and have the
donation confiscated.
16. In addition, Rules for Registration of Religious Organizations were adopted in 2004. Based
on the Religious Organizations Law, these rules establish the applicable registration fees;
determine what documents need to be submitted by religious organizations for their registration;
define with more precision the registration procedure; and address the issue of liquidation of
religious organizations as well as the drafting and keeping of registration materials.
17. With regard to the issue of conscientious objection to military service, several domestic
provisions are relevant. Article 45 of the Constitution provides that the defence of Turkmenistan
is a sacred duty of everyone and that general military service is established for male citizens of
Turkmenistan. In the Criminal Code, article 219 (1) stipulates that evasion of call-up to military
service in the absence of legal grounds to an exemption from this service is punished by
corrective work or imprisonment of up to 2 years. Article 219 (2)-(3) punishes those who fake
illness to evade military service or who refuse to fight during a war. In addition, article 16 (3) of
the Conscription and Military Service Act stipulates that those who have served two sentences
for evasion are thereafter exempt from military service.
18. During her country visit the Special Rapporteur was informed by several Government
officials that the Religious Organizations Law would be amended, so as to be further improved.
At the time of her visit, no new draft was yet ready. She was told that amendments to the actual
legislation would only be considered after the completion of reforms in the Constitution at the
end of September 2008.
V. RESPECT FOR FREEDOM OF RELIGION OR BELIEF
A. Overview
19. While religious practice was generally discouraged during the Soviet era, there has been a
tightly controlled revival of Islam since the independence of Turkmenistan. The Special
Rapporteur was for instance informed that while only four mosques were operating in
Turkmenistan at the time of the Soviet Union, more than four hundred mosques had been built
since 1991. The redefinition of Turkmenistan’s national identity has been done through the
promotion of a moderate understanding of Islam based on Turkmenistan’s national and religious
traditions.
20. Although no official statistics regarding religious affiliation are available and the degree of
religious observance varies widely, it is estimated that more than 90 per cent of the population
are Sunni Muslims and that the Hanafi school of thought is the most influential in Turkmenistan.
The Russian Orthodox Church constitutes the largest religious minority. Other religious
communities include Baha’i, Baptists, Hare Krishna, Jehovah’s Witnesses, Protestants, Roman