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.
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