A/HRC/55/47/Add.1
law or restriction, indicating that wearing those particular types of head covering was “not
our custom” and emphasizing the need to maintain Tajik traditions and customs. Reports
confirm that regulations concerning wearing the hijab are enforced, although enforcement is
stricter or more lenient depending on the period of the year. Enforcement also differs in
different parts of the country. This runs counter to the protection of the freedom to manifest
one’s religion or belief.
59.
The Ulama Council has issued a fatwa requiring women to pray at home and not attend
mosques.17 Explanations provided during the Special Rapporteur’s visit varied from “it is not
our custom as Hanafi Sunni Muslims” to “since children are not allowed in mosques, women
stay at home to look after them”. Irrespective, it is not possible for women to pray in mosques,
although they can enter mosques as visitors outside prayer times. An exception is the case of
Ismaili jama’at khaneh, where women and men pray alongside one another in separate
columns. However, as indicated above (para. 31), the large-scale closure of jama’at khaneh
left only three such establishments in Tajikistan.
D.
Children and young people
60.
The Special Rapporteur notes that the authorities indicated that concern about children
and young people being attracted to extremism and terrorism is given as justification for three
prohibitions: (a) boys aged under 18 years may not enter mosques;18 (b) no persons aged
under 18 years may participate in any religious ceremonies apart from funerals; and
(c) children may not receive any religious education outside the home or from their parents.
The only exceptions are that children may receive religious education in specific places
licensed for that purpose by the State Committee for Religious Affairs, by a person licensed
to provide such education and with the explicit permission of both parents. Central district
mosques and grand mosques may operate madrasas that are open only to high school
graduates. However, as indicated above (para. 41), there are currently no madrasas operating
in the country because none has met the Ministry of Education’s requirements regarding the
authorization of the religious organization, approved qualified teachers and an approved
curriculum.
61.
The result is severe control of children’s freedom of religion or belief. Freedom of
religion or belief is for everyone, including children (everyone under the age of 18). The
Convention on the Rights of the Child provides that States parties must “respect the right of
the child to freedom of thought, conscience and religion” (art. 14). It provides for only the
same limitations on that right as those recognized in article 18 (3) of the International
Covenant on Civil and Political Rights. The Convention on the Rights of the Child also
explicitly recognizes the importance of children’s spiritual well-being and development
(arts. 17, 23 (3), 27 (1) and 32 (1)). Those rights and freedoms are reinforced by the
recognition of the right of parents and legal guardians to ensure the religious and moral
education of their children in conformity with their own convictions and to provide direction
in that regard.19 In Tajikistan, that right has effectively been reduced to the provision of such
direction in private homes by the child’s parents or legal guardians, and even then only if the
children express a desire to learn, as was emphasized by the State Committee for Religious
Affairs. This weighs particularly heavily on persons belonging to religious and belief
minorities, as their ability to maintain their culture and religion is even more challenged by
such limitations.
62.
During the Special Rapporteur’s visit, some interlocutors expressed serious concern
that the restriction on religious education, particularly Islamic education, forces it
underground. It has the counterproductive effect of pushing those with curious minds towards
the Internet, risking making them more prone to violent extremism and terrorism than if the
matter were dealt with openly. The authorities express concern about Tajiks who have
become attracted to terrorism abroad and list the countries where they have committed
17
18
19
12
Fatwa 9 of 17 August 2004.
Act on Parental Responsibility for the Education and Upbringing of Children.
International Covenant on Civil and Political Rights, art. 18 (4), and Convention on the Rights of the
Child, art. 14 (2).
GE.24-00093