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; 18

Select target paragraph3