A/HRC/10/8/Add.4 page 19 58. On places of worship, the Special Rapporteur noted that the authorities are particularly concerned at the gathering of individuals, be it for religious purposes or other reasons, which might foster the development of subversive elements. She would like to recall that freedom of association with others is guaranteed by article 29 of the Constitution of Turkmenistan and by article 22 of the International Covenant on Civil and Political Rights, and that it may only be legitimately restricted on grounds specified in this article. 59. The firm control on religious literature, religious education and proselytism exercised by the authorities may, in some instances, contravene article 28 of the Constitution of the Turkmenistan as well as articles 18 and 19 of the International Covenant on Civil and Political Rights. The Special Rapporteur believes that the right to freedom of expression as protected by international standards provides a certain latitude for religious communities in the drafting and dissemination of their literature, even in cases where they do not agree with other religions, provided that they do not amount to advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, as prohibited by article 20 of the International Covenant on Civil and Political Rights. 60. On proselytism, the Special Rapporteur is of the view that no restrictions or sanctions should be imposed on peaceful missionary activities which do not amount to coercion. While certain missionary activities intend to claim the superiority of a religion over other religions or beliefs and thereby might give the impression that the culture of religious tolerance in Turkmenistan is being challenged, the Special Rapporteur would like to recall that proselytism is itself inherent in religion. Articles 18 and 19 of the International Covenant on Civil and Political Rights protect the right of all religious or belief communities to believe in, express, argue for, and work actively in support of their own truth claims. In a democratic and pluralistic society, the role of the State is therefore to ensure that all religious or belief communities tolerate each other and that they have sufficient space to express their views, even if these appear to be competing or contradictory in some cases. 61. During her mission, the Special Rapporteur was very encouraged by the political will expressed by certain of her official interlocutors to address the issue of conscientious objection and to find a suitable solution. She is aware that the authorities have attempted to accommodate conscientious objectors by offering them military positions which do not involve the use of weapons. Although this demonstrates the willingness on the part of the authorities to offer an alternative to these persons, the Special Rapporteur would like to draw the Government’s attention to resolution 1998/77 of the Commission on Human Rights. Accordingly, conscientious objectors should be provided with various forms of alternative service compatible with the reasons for conscientious objection, of a non-combatant or civilian character, in the public interest and not of a punitive nature. 62. The right to change one’s religion or belief is guaranteed by the Constitution and is generally respected in the tolerant and inclusive society of Turkmenistan. Yet, the Special Rapporteur noted that ethnic Turkmen identity seems to be tightly linked with Sunni Islam and that ethnic Turkmen citizens who chose to convert away from Sunni Islam appear to face more difficulties than citizens from other ethnic backgrounds.

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