A/HRC/10/8/Add.4
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Recommendations
63. Several provisions of the amended Religious Organizations Law are incompatible
with international human rights standards and contradict the Constitution of
Turkmenistan in some instances. The Special Rapporteur urges the Government to review
the Religious Organizations Law, so that it no longer infringes on the rights of individuals
and groups in their exercise of freedom of religion or belief. In doing so, the Government
should ensure that interested stakeholders at the national level be included in the reviewing
process, in order to offer them the opportunity to provide valuable input to the revised
draft legislation. Likewise, the Special Rapporteur is of the view that recommendations of
relevant international or regional organizations relating to the revision of the Religious
Organizations Law should be considered carefully. The Special Rapporteur remains
available if further comments on draft legislation on religious issues are deemed necessary.
64. The Special Rapporteur recommends that the prohibition on unregistered religious
activities be removed from the Religious Organizations Law. The registration procedures
should be amended so as to be non-discriminatory, especially towards religious minorities.
In addition, once registered by the Ministry of Justice in Ashgabat, a religious organization
should be entitled to operate on the entire national territory. However, if for formal
reasons, regional and local authorities would require registration at their levels, then the
registration procedures should not be cumbersome. They should be clear, quick and easy in
order to allow branches of religious organizations to operate freely at the regional or local
levels.
65. Undue restrictions on religious material, education and attire should also be removed
from the Religious Organizations Law. The Special Rapporteur recommends that the
Government of Turkmenistan remains neutral on religious matter and does not interfere in
religious education. Imams should be allowed to receive religious education in other
institutions as well as in the Faculty of History of the Magtymuly Turkmen State
University and non-Sunni Muslim religious communities should be allowed to have their
own religious training institutions if they so desire. Likewise, the Government should
ensure that all religious communities are able to teach members about their beliefs in
public or in private. The Special Rapporteur would therefore encourage the Government
to revise articles 6 and 9 of the Religious Organizations Law accordingly.
66. The Government should ensure that religious communities incur no obstructions with
regard to the building, opening, renting or use of places of worship and that they are not
deprived of their places of worship. In cases where such deprivation is justified by lawful
reasons and after judicial review, it should provide the religious community concerned
with a suitable alternative place of worship. In addition, the Government shall also ensure
that religious communities are able to meet in private places of worship without state
interference.
67. On the Council on Religious Affairs, although the Special Rapporteur has noticed
that its members in Ashgabat have recently adopted a more progressive attitude towards
registration of religious minority groups, this change of attitude does not seem to have
reached the Council’s regional representatives yet. She would like to recommend that the
Council on Religious Affairs, both at national and regional levels, change its orientation, so