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.