A/HRC/37/49/Add.2
constitutional” activity or membership in an “illegal religious group” — longer than
the maximum prison term for intentional killing.
99.
The Special Rapporteur notes that freedom of religion or belief as a human
right inherent to every human being is not recognized in law and in practice. This
poses a fundamental challenge for religious freedom in Uzbekistan, especially when
the human right to freedom of religion or belief is mainly subordinated to the national
or communal interest, and other freedoms are also undermined. He notes that the
right to manifest one’s faith in public or in private, alone or in a group, is an
inalienable right under international law that should not be contingent upon State
approval or administrative registration. The right to manifest one’s religion includes
carrying out actions to persuade others non-coercively about one’s religion. Stateimposed limitations on freedom of religion or belief cannot be legitimate unless they
cumulatively meet the criteria set out in article 18 (3) of the International Covenant on
Civil and Political Rights. Furthermore, limitations must not be discriminatory.
100. The Special Rapporteur observes that the Government is implementing a
reform programme that could potentially address some of the challenges identified
above. Transitioning from a tolerance model to a universal human rights model will
be a challenging task. Thus, it is important to ensure that the reform process is
participatory, transparent, accountable and sustained with a holistic approach to
human rights. What is required is not just the adoption of new laws, but institutional
reform backed by a strong political will and a shift in attitude led and encouraged by
the Government. It will also require the support of the international community to
both the Government and civil society to sustain the momentum.
101. Against this background, the Special Rapporteur recommends that the
Government of Uzbekistan:
(a)
Encourage open debate on the meaning of secularism to overcome the
current restrictive interpretation and attitudes within the administration and law
enforcement agencies, whereby manifestations of freedom of religion or belief are
strictly monitored and boundaries are regulated. Secular commitments should
provide space to positively accommodate religious diversity in society without
discrimination or fear;
(b)
Follow through on the acknowledgement that the 1998 Law needs
substantial revision. A new law on freedom of religion or belief should be fully
compatible with article 18 of the International Covenant on Civil and Political Rights.
The new draft law should be open to consultations and comments by the public,
especially civil society, religious and belief communities and international partners,
including the United Nations system;
(c)
Make registration optional only to facilitate the operational functions of
religious organizations. Procedures should be quick, transparent, fair and without
undue bureaucratic complications. Non-registered communities must be able to
operate free from discrimination and fear of intimidation. Thresholds for registration
at local, regional and national levels should be defined in such a way that minorities
can fully operate throughout the country. The ban on proselytism and missionary
activities, as well as the practice of licensing the import, publication and distribution
of religious literature, should be overhauled;
(d)
Provide viable options to religious or belief communities which, for
whatever reason, do not have the status of a recognized religious community or do not
wish to obtain that status can obtain an alternative form of legal personality that
would allow them to carry out important community functions in a suitable manner;
(e)
Respect the liberty of parents or legal guardians to provide a religious
education to their children consistent with their convictions and the evolving
capacities of the child. Adequate infrastructure should be provided to educational
institutions and private religious schools and similar institutions must be able to
function freely and without undue administrative stipulations;
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