A/HRC/7/10/Add.2
page 2
Summary
The Special Rapporteur on freedom of religion or belief, Asma Jahangir, visited Tajikistan
from 26 February to 1 March 2007, at the invitation of the Government. The visit was carried out
pursuant to her mandate to assess the situation of freedom of religion or belief in the country.
Following an explanation of the background of the mission in the introductory section, the
second section briefly outlines the political and historical context of Tajikistan, especially
referring to the civil war (1992-1997) and the subsequent peacebuilding process. In the third
section, the Special Rapporteur provides an overview of the main international legal standards
referred to in the country assessment. The domestic legal framework on freedom of religion or
belief is summarized in the fourth section, which includes provisions of the Constitution, the
Criminal Code and the 1994 Religion and Religious Organizations Act. There are currently plans
to have the latter replaced by a draft law on freedom of conscience and religious associations;
consequently, the potential changes are examined.
The fifth section contains the main part dealing with the respect for freedom of religion
or belief in Tajikistan. In terms of religious demography, an estimated 95 per cent of the
population consider themselves Muslims, mainly following Sunni Islam, whereas Shia Ismaili
Islam is predominant in the autonomous province of Gorno-Badakhshan. Some concerns were
raised by Muslims with regard to the legal requirements for mosques, religious schools and
pilgrimages. Religious minorities in Tajikistan include Baha’is, Baptists, members of the
Grace Sunmin Church, Hare Krishnas, Jehovah’s Witnesses, Jews, Lutherans, Roman Catholics,
Russian Orthodox Christians, Seventh-day Adventists and Zoroastrians. Several members of
religious minorities have been murdered in past years. There have also been violent attacks on
their places of worship and problems with the authorities in the endeavour to keep them intact.
Some local authorities have allegedly tried to use the registration process to hinder the activities
of religious minorities. Open proselytism is discouraged and the 2006 draft law provides that
actions directed at converting believers of one confession to others are prohibited. Many
converts face problems in everyday life, predominantly on the social level.
In her conclusions and recommendations, the Special Rapporteur stresses the need to
devise educational policies aimed at strengthening the promotion and protection of human rights
and eradicating prejudices, which are incompatible with the freedom of religion or belief.
Registration should not be a precondition for practising one’s religion and any registration
procedure should not depend on extensive formal or substantive requirements. With regard to
places of worship, the Special Rapporteur emphasizes that the authorities need to take into
account the specific character of these places and their particular significance for believers. She
is also concerned by the vulnerable situation of women in Tajik society, which is also partly
influenced by traditional or perceived religious factors. One of the possible measures to initiate
change in the widely accepted subordination of women and to eliminate the causes that lead to
polygamous unions could be educational campaigns that address religious and community
leaders. Furthermore, she encourages the Government to recognize the right of conscientious
objectors to be exempted from military service. Finally, the Special Rapporteur underlines that
States must ensure that any measure taken to combat acts of terrorism complies with their
obligations under international law, in particular international human rights law, refugee law and
humanitarian law. An independent, neutral and impartial judiciary and prompt access to a lawyer
are vital to safeguarding also the freedom of religion or belief of all individuals and religious
communities.