A/HRC/37/49/Add.2 • Calling publicly for all the above acts. 53. Those vague provisions cover a wide range of activities that are open to different interpretations, which may restrict rights and freedoms in the name of national security. They are a compilation of various existing provisions in the 1998 Law and the Administrative and Criminal Codes that sanction religious activities in a broad sense. The Special Rapporteur believes that an open consultation on the draft law with relevant stakeholders is important in order to improve the legal framework for combating extremism. 54. The Law on Combating Terrorism of 2000 defines the concept of terrorism. In addition, article 155 of the Criminal Code establishes responsibility for a number of acts of a terrorist nature, such as failure to report information about the preparation or commission of terrorist acts, training, departure or movement for the purpose of carrying out terrorist activities, and the financing of terrorism. 55. The Criminal Code distinguishes between “illegal” (unregistered) groups and “prohibited” groups that are viewed as “extremist”. Article 244 (2) of the Criminal Code criminalizes membership in organizations that have been banned as terrorist groups. In a decision adopted on 26 September 2016, the Supreme Court recognized over 20 organizations as being terrorist organizations and their activities have been prohibited in the territory of Uzbekistan.2 56. Article 244 (2) of the Criminal Code allows criminal prosecutions without a previous prosecution under the Code of Administrative Offences and punishes anyone for organizing or participating in the activities of religious extremist, fundamentalist, separatist or other prohibited groups with up to 20 years’ imprisonment. 57. The Special Rapporteur observed that the right to freedom of religion or belief in Uzbekistan was not seen as inherent in each individual but rather “permitted” by the goodwill of the State. Instead of confining limitations to the minimum or as last resort, the State employs broad intervention and control measures. However, international human rights law gives clear guidance in this respect. Limitations to freedom of religion or belief cannot be legitimate unless they cumulatively meet the criteria set out in article 18 (3) of the Covenant. Accordingly, limitations must be legally prescribed; they must be clearly necessary for pursuing a legitimate aim; and they must remain within the realm of proportionality, which means they must be confined to the minimum degree of interference needed to reach one of the legitimate aims. In addition, limitations must not be discriminatory. 58. The right to freedom of religion or belief cannot be sacrificed in order to prevent or counter extremism. Doing so would further shrink, rather than open, the space necessary for civil society to flourish and develop as envisaged in the current reform efforts of the President of Uzbekistan. The Special Rapporteur notes, however, the important investment devoted to raising awareness among the youth through education and media engagement, as well as recent initiatives focusing on opening up education on religion to a wider spectrum of the population. A. Monitoring incentives and mechanisms 59. In Uzbekistan, the exercise of freedom of religion and belief is totally controlled by the State. The National Security Service openly and secretly carries out surveillance of all religious communities. Mahallas play a monitoring role in the everyday life of the citizens. They are self-governing bodies organized at the neighbourhood level with volunteers, which cover all social issues ranging from family, youth, women, sports and the elderly to veterans. 2 Those organizations are Akromiya, the Islamic Movement of Turkestan, the Islamic Jihad Group, Hizbut-Tahrir al Islami, Al-Jihad, Al Qaeda, World Jihad Foundation, the Muslim Brotherhood, Jamiyati Islomi Tablig, Jamaat-e-Islami-i-Pakistan, East Turkistan Liberation Organization, the Islamic Movement of East Turkestan, Boz Gurd, Abu-Saif Group, Jamiat-eUlema-i-Isla, Islamic State, Tahvidva Jihad, Katibatul Imam al-Bukhari, Jamoat Ansarulloh, Dzhebhat al-Nusra, Jihadists and Nurchilar. 11

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