A/HRC/37/49/Add.2
non-coercive manner. This right also covers missionary activities, which similarly do not
presuppose formal State approval, especially when carried out by citizens or permanent
residents of a country. This right is also protected under the right to freedom of expression,
which includes “freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of art, or through any
other media of one’s choice”.1
C.
Religious education
37.
Article 7 of the 1998 Law states that the system of education in Uzbekistan is
separated from religion and bans the inclusion of religious disciplines in the curriculum of
the educational system. Hence, the State provides only secular education to its citizens
irrespective of their attitude toward religion or their beliefs.
38.
Article 9 of the 1998 Law bans any form of teaching of religious dogma that is not
sanctioned by the State. It provides that the central administrative bodies of religious
organizations are entitled to create religious educational institutions to train priests and
other religious personnel. Religious educational institutions can only provide training when
the Ministry of Justice issues the corresponding licence to them after their registration.
Persons teaching religious subjects at religious educational establishments must have a
religious qualification and must obtain permission from the appropriate agency of the
central administration to carry out their work.
39.
The ban on sharing beliefs is reinforced by article 241 of the Code of Administrative
Offences and article 229 (2) of the Criminal Code, the latter of which punishes any teaching
of religious beliefs without specialized religious education, without permission from the
central organ of a registered religious organization or in private. Criminal sanctions range
from fines of 50 to 100 times the minimum monthly wage, community service, corrective
labour, restricted freedom or imprisonment for up to three years.
40.
The ban on the teaching of religious principles privately resulted in many members
of religious communities being fined for allegedly “illegally teaching one’s religion to
another”, simply in the context of a few people gathered to discuss their faiths with each
other or to exchange ideas on matters of religion. Religion hence became a taboo in
conversations as no one wanted to risk being punished for “proselytism” or teaching
religious principles in private. Reportedly, some official imams complained that they could
not teach Islam to children as all religious education that was not controlled by the State
was forbidden.
41.
Regarding State-controlled religious education, so far, nine madrasas — equivalent
to secondary-level special educational institutions — have been established in Tashkent
(Kukaldosh Madrasa and Khadichai Kubro Madrasa (for women)), Bukhara (Mir-i-Arab
Madrasa and Djuibory Kalon Madrasa (for women)), Andijan (Sayyid Muhyiddin
Makhdum Madrasa), Namagan (Mulla Kyrgyz Madrasa), Kitab (Khoja Bukhari Madrasa),
Urgench (Fahriddin ar-Roziy Madrasa) and Nukus (Muhammad al-Beruni Madrasa). In
addition, there is a Mir-i-Arab Madrasa for higher education, as well as Tashkent Islamic
Institute and Tashkent Islamic University (although, the latter is a secular institution).
42.
Graduates of these institutions can work as an imam khatib (chief confessor), an
imam, an assistant to an imam or an atina (woman conducting religious instruction and
religious holiday ceremonies), as well as in spiritual and educational centres in State
institutions. According to the officials, clerics from various religions, including the Shia
community and the Jewish community, who obtained their qualifications abroad are
allowed to officiate within licensed premises.
43.
According to official figures, at present, there are a few hundred people studying in
those Islamic educational institutions. This number is considerably low for a country with a
population of 32.12 million and which is predominantly Muslim. After many years of
requests from the public to the Spiritual Administration of the Muslims of Uzbekistan (an
official body that controls and administers Islamic activities), 12 religious educational
1
8
See International Covenant on Civil and Political Rights, art. 19.