A/HRC/55/47/Add.1
legislation with the new Act and conducting awareness-raising to implement it, she saw no
evidence of the application of the Act, instead noting many instances in which discrimination
was rife and religious accommodation absent.
19.
In August 2023, Tajikistan adopted its National Strategy for the Protection of Human
Rights up to 2038 and its implementation plan for 2023–2025. The plan includes the
establishment of a working group to change legislation in the area of freedom of religion,
strengthen interreligious dialogue and conduct awareness-raising events.
20.
The State Policy Framework on Religion was approved on 4 April 2018. Its main
purpose is to establish a long-term vision with respect to the protection of religious rights and
freedoms, the spread of tolerance and respect for all religions and faiths, and the safeguarding
of security, mutual understanding and harmony among the country’s religions.
21.
The central body responsible for monitoring and regulating religious matters in
Tajikistan is the State Committee for Religious Affairs and Regulation of Traditions,
Ceremonies and Rituals. It has a broad mandate that includes approving registration of
religious associations, children’s participation in religious education and dissemination of
religious literature. It also reportedly plays a role in the appointment and removal of religious
leaders, the construction, maintenance and closure of places of worship and the enforcement
of various legal restrictions through fines and imprisonments. The Centre for Islamic Studies,
a research institution under the Executive Office of the President, helps formulate the
Government’s policy on religion. The State’s Ulama Council is an Islamic council that
operates at the national, regional and district levels in 68 departments. It has a fatwa unit that
issues religious rulings and guidance to Islamic religious organizations.
22.
The Office of the Commissioner for Human Rights (Ombudsman’s Office) has been
established as the national human rights institution in Tajikistan and has been granted B status
by the Global Alliance of National Human Rights Institutions for its partial compliance with
the principles relating to the status of national institutions for the promotion and protection
of human rights (the Paris Principles). 8 The Office has the function of promoting the
ratification of international human rights instruments and the right to visit and inspect all
places of deprivation of liberty without hindrance. It is also in charge of processing
complaints concerning discrimination.
Forum internum – the right to have, adopt and change religion or belief
A.
23.
Freedom of religion or belief does not allow any limitation whatsoever to everyone’s
right to have, adopt and change religion or belief. However, this is only one aspect of the
right.
24.
The Tajik authorities regularly described freedom of religion or belief as an individual
and private freedom. In a meeting, officials of the Centre for Islamic Studies asserted that
religion should be “moderate”, while offering no definition. This subjects religion to
majoritarian bias and falls short of the constitutional guarantee that “everyone” shall have the
right to profess any religion individually or jointly with others or not to profess any, and to
take part in religious customs and ceremonies (art. 26). A selective application of
“moderation” reduces the right to freedom of religion or belief to its forum internum and
results in the violation of many other aspects of the right. It relegates it to the privacy of the
home with the immediate family and no further.
Forum externum – the right to express religion or belief, including with
others and in public
B.
25.
International law recognizes that the scope of the freedom to manifest religion or
belief extends to manifestations that are exercised in public and in community with others,
in worship, observance, practice and teaching (International Covenant on Civil and Political
8
GE.24-00093
See https://waps.ohchr.org/sites/default/files/documents/countries/nhri/
StatusAccreditationChartNHRIs.pdf.
5