A/HRC/10/8/Add.4 page 2 Summary The Special Rapporteur on freedom of religion or belief carried out a mission to Turkmenistan from 4 to 10 September 2008 at the invitation of the Government. During her visit, the Special Rapporteur was impressed by the high level of tolerance and the climate of religious harmony which prevails at the societal level in Turkmenistan; however, there is still mistrust of religious organizations and collective manifestation of religion. Over the past eight years, the mandate has received reports of arrests, intimidation, harassment and restrictions on the religious activities of individuals and groups, allegedly perpetrated by the authorities. Although the situation has much improved since 2007, individuals and religious communities, both registered and unregistered, remain under close scrutiny and still face a number of difficulties when manifesting their freedom of religion or belief. The Special Rapporteur remains concerned about the imposition of legal or policy restrictions by the authorities of Turkmenistan on registration, places of worship, religious material, religious education and proselytism. These laws and their implementation amount in some instances to undue limitations on freedom to manifest one’s religion or belief, as well as on other rights, such as freedom of association and freedom of expression. In her conclusions and recommendations, the Special Rapporteur emphasizes that the enactment and implementation of laws that unduly restrict freedom of religion or belief cannot provide an efficient and long-term solution to concerns expressed by the authorities of Turkmenistan that the climate of religious harmony might be disrupted by external extremist groups. However, the Special Rapporteur stresses that law-making in the area of religion or belief is sensitive. Vague or excessive legislative provisions in this area are susceptible to create tensions and give rise to multiple problems rather than solving them. In addition, they might be subject to arbitrary interpretation or abuse of discretion and discrimination by law enforcement agencies and local administration. Consequently, the Special Rapporteur urges the Government to review the amended law of Turkmenistan on freedom of conscience and religious organizations so that it no longer infringes on the rights of individuals and groups in their exercise of freedom of religion or belief. In particular, she recommends that the prohibition on unregistered religious activities and undue restrictions on religious material, education and attire be removed from the legislation. Similarly, the Government should ensure that religious communities do not encounter obstructions with regard to the building, opening, renting or use of places of worship. With regard to the Council on Religious Affairs, the Special Rapporteur is of the view that it should include representatives of religious minorities and become a facilitating rather than a monitoring mechanism. On conscientious objection, the Special Rapporteur recommends that the Government offer an alternative civilian service for those who refuse to perform military service owing to their religious beliefs. She also urges the Government to initiate reforms in the judiciary, so as to offer effective legal means of redress and compensation for denial of freedom of religion or belief. Lastly, she recommends that law enforcement officials and representatives of local authorities be provided with adequate training in order to raise awareness about international human rights standards, including on freedom of religion or belief.

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