A/HRC/4/21/Add.1
page 78
to remind the Government of article 6 (d) of the 1981 Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion or Belief, according to which the
right to freedom of thought, conscience, religion or belief includes the freedom, “[t]o write, issue
and disseminate relevant publications in these areas”.
337. Furthermore, the Special Rapporteur would like to refer to her framework for
communications, more specifically to the international human rights norms and to the mandate
practice concerning “Teaching and disseminating materials, including missionary activity” (see
above para. 1, category I. 3. f). In her 2005 report to the General Assembly, she noted the
following (see A/60/399, para. 62): “Whereas the scope of freedom afforded to persons for the
practice of their religion or belief by producing and distributing information about their religion
or belief is wide, certain limitations can be imposed in accordance with article 18, paragraph 3, of
the Covenant. However, it should be noted that this article allows for restrictions only in very
exceptional cases. In particular the fact that it mentions the protection of “fundamental rights and
freedoms” (emphasis added) of others as a ground for restriction indicates a stronger protection
than for some other rights whose limitation clauses refer simply to the “rights and freedoms of
others” (e.g. article 12, 21 and 22). It could indeed be argued that the freedom of religion or
belief of others can be regarded as such a fundamental right and freedom and would justify
limitations to missionary activities, but the freedom of religion and belief of adults basically is a
question of individual choice, so any generalized State limitation (e.g. by law) conceived to
protect “others’” freedom of religion and belief by limiting the right of individuals to conduct
missionary activities should be avoided.”
Communication sent on 1 September 2006 jointly with the Special Rapporteur on Human
Rights and counter terrorism and the Special Rapporteur on extrajudicial, summary or
arbitrary executions
338. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. Mohammadrafiq Kamoluddin, imam of a mosque in the city of KaraSuu, Mr. Ayubkhodja Shahobidinov and Mr. Fathullo Rahimov. On 6 August 2006, the abovementioned individuals were killed in the city of Osh, Kyrgyzstan, as the result of an alleged
counter terrorism operation, led by the National Security Service of Kyrgyzstan, in cooperation
with the security forces of Uzbekistan. It has been reported that these individuals were suspected
members of the Islamic Movement of Uzbekistan and were planning to carry out a terrorist attack
on the territory of the State of Uzbekistan. Other reports highlight that it was not alleged that Mr.
Mohammadrafiq Kamoluddin was a member of the Islamic Movement of Uzbekistan or that he
was involved in the commission of terrorist acts.
Statement conveyed by the Government on 24 November 2006
339. The Government of Uzbekistan conveyed the text of a statement by the Ministry of
Foreign Affairs of the Republic of Uzbekistan of 24 November 2006. The Ministry of Foreign
Affairs indicated that the news of the inclusion of Uzbekistan by the U.S. State Department in the
so-called list of “states which cause a particular concern in the sphere of observance of religious
freedoms” was received with astonishment. The Ministry of Foreign Affairs set out that religious
tolerance and forbearance have always been and remain to be the most important component of
the Republic of Uzbekistan’s state policy. It states that there are eighteen religious confessions in
the country, including Islam, the Orthodox, the Judaism and Catholicism, and that they coexist