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religious tolerance and harmony that has so far prevailed in Sri Lanka.”
Tajikistan
Communication sent on 21 August 2007
245. The Special Rapporteur brought to the attention of the Government information she had
received concerning the draft religion law. Allegedly, in June 2007, the Ministry of Culture has
produced a draft law “On Freedom of Conscience, on Religious Associations and Other
Organizations”. Various religious communities have voiced their concerns that the draft law
establishes a burdensome registration procedure for religious organizations and that it gives the
competent state agency on religious affairs a wide authority over the religious organizations. For
state registration of a church, its founders are required to submit an application with signatures of
400 followers for establishing a church in a district or 800 signatures in a city (or 1.200
signatures in the city of Dushanbe). The draft law relates the establishing of mosques to the
number of the population in a territorial unit of the Republic of Tajikistan, i.e. another mosque
can only be established if thresholds between 2.000 and 60.000 people in a village, settlement,
city or Dushanbe City have been reached.
246. Furthermore, the draft law prohibits actions directed to converting believers of one
confession into others as well as any other charitable or missionary activity having a nature of
intellectual, mental or other pressure to citizens in proselyte aims. According to the draft law,
only citizens of the Republic of Tajikistan who have special religious education can be heads of
religious organizations. The draft law seems to restrict the production, export, import and
dissemination or religious literature to religious organizations, thus excluding any such activity of
non-registered religious entities. Finally, the draft law provides that all religious organizations
that already exist must re-register under the provisions of the new draft law.
247. There are concerns that the draft law of June 2007 could lead to undue limitations on the
rights of religious communities and could impermissibly restrict religious activities of religious
minorities. The Special Rapporteur also referred to her communication dated 18 May 2006
concerning a previous draft law in early 2006 entitled “About the freedom of conscience and
religious unions” (see A/HRC/4/21/Add.1, para. 286).
248. Moreover, it was reported that the Ministry of Culture recently published a list of
officially banned religious literature which allegedly consists primarily of documents by Hizb-ut
Tahrir. The Special Rapporteur also requested the Government to send her a copy of the list of
banned religious literature and explain the legal procedure of prohibiting religious literature.
Observations
249. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She already commented on the previous 2006 draft
law “On Freedom of Conscience and Religious Associations” in the report after her country visit
to Tajikistan (A/HRC/7/10/Add.2). The draft law “On Freedom of Conscience, on Religious
Associations and Other Organizations” of June 2007 also contains provisions which would be
difficult to reconcile with international human rights standards if the draft law was adopted in this
form. The Special Rapporteur would like to emphasize that registration should not be a