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The right to change one’s belief or religion
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TAJIKISTAN: "Religious activity is only banned up to the age of 18"

Tajikistan's Parliament has today (21 July) adopted two measures particularly targeting the rights of children and their parents, Forum 18 News Service has learnt. The Parental Responsibility Law would in practice ban most children under eighteen from religious activity. An amendment to the Criminal Code was passed punishing organisers of undefined "extremist religious" teaching. Both come two weeks after an amendment to the Religion Law imposed tight restrictions on religious education in Tajikistan and abroad. Both the Parental Responsibility Law and the Criminal Code amendments will now go to President Emomali Rahmon for signature. Suhaili Hodirov of the Office of the Human Rights Ombudsperson defended the changes, telling Forum 18: "Religious activity is only banned up to the age of 18". First Deputy Prime Minister Asadullo Gulomov said his children are still young "but I'll do as Allah orders". Eventually he told Forum 18: "Other government departments deal with this issue." A member of a religious community in the capital Dushanbe told Forum 18 that: "The Law breaks the fundamental rights of children and their parents". Hikmatullo Sayfullozoda of the Islamic Renaissance Party similarly condemned the changes: "This ban violates the rights of children to a religious education and to participation in religious rituals. A child is also a person, and has rights."

KAZAKHSTAN: "Absurd" criminal charge for praying for the sick

Pastor Yerzhan Ushanov of the New Life Protestant Church in Taraz could face up to two years' imprisonment if criminal charges of harming an individual's health, brought by the KNB secret police, reach court. The KNB claim a visitor to the church suffered after Pastor Ushanov prayed for him using hypnosis, the second time the secret police have brought such charges against a Protestant pastor in Jambyl Region. "This is not the first time the authorities in southern regions of Kazakhstan bring such absurd accusations against pastors for allegedly using hypnosis, while in reality all they do is pray for the sick," New Life Church members complained to Forum 18 News Service. The police Department for the Fight against Extremism, Separatism and Terrorism then raided the Church's Sunday worship after an alleged complaint of food poisoning and the KNB searched Pastor Ushanov's home. The KNB secret police, as well as the ordinary police Department for the Fight against Extremism, Separatism and Terrorism, both refused to comment on the case to Forum 18.

TAJIKISTAN: "This is not the first time.."

Police in Tajikistan continue to try to suppress unregistered Muslim education throughout the country, Forum 18 News Service notes. Police General Sharif Nazarov told Forum 18 that "this is not the first time we have exposed illegal religious teachers, and given them administrative fines". Examples of such "offences" include three women fined for "just teaching how to read the Koran" to groups of young girls in their private homes without state permission, a Muslim who wished to remain unnamed for fear of state reprisals, told Forum 18. The three taught children the Arabic alphabet and so how to read to Koran. Similarly, police north of the capital Dushanbe are preparing charges against the Imam of an officially registered mosque, for teaching five children aged between nine and 17 in his private home. However, in Dushanbe the authorities have temporarily eased the mosque closure campaign. Some Muslims in the country suspect that this is for fear of the impact of the Arab Spring uprisings against dictatorships.

KYRGYZSTAN: Jail terms overturned, but investigation continues

Batken Regional Court in southern Kyrgyzstan has overturned seven-year prison terms imposed on two cousins who are Jehovah's Witnesses, Forum 18 News Service has learned. However, despite this, the Court specifically stated that it rejected the two men's appeal. Instead of being exonerated and freed, the two - Iskandar Kambarov and Jonibek Nosirov - still face possible prosecution and remain in pre-trial detention. "We hope that reason will prevail and they will now be freed," Jehovah's Witnesses told Forum 18. The two men had been found guilty of having two discs which police say were from the Hizb ut-Tahrir Islamist movement. Kambarov and Nosirov say the discs were not theirs and were planted on them. Batken Regional Court also ordered that "in order to remedy the gaps in the investigation process" the case should be sent for further investigation, and ordered that the two cousins should pay costs. Officials continue to defend the prosecution to Forum 18. Local Jehovah's Witnesses state that the two men remain "in good spirits".

TAJIKISTAN: Bans on children's religious activity, illegal meetings, and "extremist religious" teaching close?

Tajikistan's controversial Parental Responsibility Law - approved by Parliament's Lower Chamber on 15 June – may soon be approved in the Upper House and by the President. Under it the only children allowed to participate in any religious activity, apart from funerals, will be those at state-approved religious education establishments. Many think this is aimed at Muslims, who only have around 80 state-approved establishments throughout the country. Also approved in the Lower House the same day were new Criminal Code amendments specifically extending punishments for unapproved meetings to religious meetings, and imposing harsh prison terms for "religious extremist" teaching. However, "religious extremist" teaching is not defined and could extend to any religious teaching without state approval, Forum 18 News Service notes. "Prosecutors and Courts will be able to distinguish between what is just unauthorised religious education, which will receive Administrative punishment, and what is religious extremism, which will be criminally liable," Sattor Kholov, the Deputy who led the Lower Chamber discussion of the Criminal Code amendments, claimed to Forum 18.

UZBEKISTAN: Police beating, axe threat, beating threat

Police officers assaulted a woman at her home while her parents were being interrogated over their religious activity at the local police station, sources who asked not to be identified for fear of state reprisals told Forum 18 News Service. Officers "kicked the woman and hit her on the head, giving her severe concussion". Police refused to discuss the incident with Forum 18. A Tashkent police officer threatened local Protestant Anvar Rajapov if he continued to challenge a fine of 80 times the minimum monthly wage handed down to punish him for his religious activity. "I have prepared an axe for you, which will be flying after you, observing you, and if need be get you," sources quoted Major Zufar Rashidov as telling him. Police refused to discuss the threats with Forum 18. Tashkent Investigator Aleksandr Ten threatened the son of a Baptist church member that he would "beat him up and put him in prison for three months" if he did not sign statements against the church's pastor and bookkeeper who Ten is seeking to prosecute.

COMMENTARY: Advancing Freedom of Religion or Belief: Agendas for Change

"Rather than being a celebration of a thing of worth, the approach currently adopted by the international political community to religious freedom is dominated by the language of special pleading, disadvantage, hostility, and hate. This must change", argued Professor Malcolm Evans in a lecture hosted by the Archbishop of Canterbury and published in abbreviated form by Forum 18.
Agendas such as "defamation of religions, incitement to religious hatred, combating antisemitism, Islamophobia, Christianophobia, Discrimination against Christians, etc." risk, Professor Evans notes, being "self-defeating by being self-serving". "The predominant interest which faith communities show in the rights of their own" forms a barrier. "Unless and until that barrier is overcome, the ability of the international community to engage effectively with the protection of the freedom of religion or belief as a human right will be diminished".
Calling for work to re-start on a UN Convention, Professor Evans observes of some approaches: "The question which continually gets lost in these twists and turns is simple, but important: 'Why not start with the idea of the freedom of religion or belief for everyone?'" For, states are the source "in reality, [of] most of the restrictions placed on the freedom of religion or belief - and, therefore, much of the hostility and violence which believers face".
Professor Evans identifies the need to "roll back the essentially negative approaches of recent years and champion a more positive vision of what religious freedom has to offer". He ends by noting signs of positive change, and calling on Christians and those of other faiths and none to "champion the freedoms of others as well as of ourselves".

KAZAKHSTAN: Ahmadi Muslim mosque closed, Protestants fined 100 times minimum monthly wage

Kazakhstan has fined an Ahmadi Muslim community – also denying it the use of its mosque and land – as well as imposed fines of 100 times the minimum monthly wage on two Protestants for religious activity without state permission, Forum 18 News Service has found. One official claimed to Forum 18 in relation to the Ahmadis that "using a dwelling house for religious purposes violates the Land Code", but was unable to say where this was stated. Officials were similarly evasive in relation to the Protestants, when asked which of Kazakhstan's laws banned religious believers from praying and reading scriptures together with their fellow believers in their private homes. One of the two Protestants was only informed of an appeal hearing six days after it took place. Kazakhstan's mass media also continues to be used for "anti-sect" propaganda, one of the aims of which appears to be to encourage support for legislation imposing more restrictions on people exercising their right to freedom of religion or belief.

TAJIKISTAN: Ban on religious education abroad without state permission to be adopted soon?

Without any prior public notice on 25 May the Lower Chamber of Tajikistan's Parliament approved without discussion a government-proposed amendment banning people of any faith from having religious education abroad without state permission. An independent Tajik journalist, who wished to remain unnamed for fear of state reprisals, told Forum 18 News Service on 26 May that the amendment "was rushed to the Parliament without any public discussions". They suggested to Forum 18 that "the authorities may be afraid of the Arab Spring movements. But their main motivation is to totally control religious life, and especially Muslims." A Muslim lawyer from the capital Dushanbe, Zafar Kurbonov, noted to Forum 18 that "our Constitution guarantees everybody's right to education whether at home or abroad. This is a gross violation of our rights." Deputy Marhabo Jabborova told Forum 18 that the changes need to be approved by parliament's Upper Chamber and President Emomali Rahmon. In southern Tajikistan the authorities have continued the nationwide campaign against places of worship, destroying a mosque and banning the activity of a Baptist church.

TAJIKISTAN: Restrictive Parental Responsibility Law to be adopted soon?

Tajikistan's Parliament may adopt a restrictive Parental Responsibility Law, drafts of which ban children from attending religious activities apart from funerals, Forum 18 News Service has found. The latest text of the proposed Law has not been made public – even though it is being discussed in Parliamentary Committees – and deputies and officials have been giving contradictory answers about the expected timetable. It may be adopted by July, even though drafts of the Law – which was initiated by President Emomali Rahmon – break the Constitution and international human rights standards. Local religious communities, independent legal experts and human rights defenders have condemned the draft Law, but Deputy Marhabo Jabborova, Chair of the parliamentary committee leading discussions on the Law, told Forum 18: "I am not aware of any comments from religious communities." An Imam, who wished to remain unnamed, said he is "very concerned" over the impending ban. "They should have a chance to receive religious teaching while they are still children, and it does not matter whether it is Muslim, Christian, Jewish, or other teaching", he told Forum 18.

KYRGYZSTAN: Seven year sentences despite "fabricated evidence" and "procedural violations"

Two cousins – both Jehovah's Witnesses – were sentenced on 18 May to seven years' imprisonment accused of having two DVDs in their private home claimed by the state to be extremist Islamic, Forum 18 News Service has learned. The two young men, Iskandar Kambarov and Jonibek Nosirov, insist the DVD discs must have been planted by police during a 29 January search of their flat at which they were arrested. The two have appealed against their conviction, noting "fabricated evidence" and "procedural violations". The two have been denied religious literature they have requested on the orders of the Judge who sentenced them, Judge Lutfulla Saliev. Forum 18 has been told that the judge's phone is broken. Two anti-terrorism police officers stated that they put the flat under surveillance because the two had been "preaching" and only went out after dark. No warrant was issued authorising the raid that accompanied the arrests. Until 4 February the police denied that the two were in detention, although court documents contradict this claim. No date has been set for the appeal.

UZBEKISTAN: April was the cruellest month

After a 5 April raid on his home by up to 10 police and secret police officers, Tashkent Protestant Anvar Rajapov was fined 80 times the minimum monthly wage for alleged proselytism, illegal religious meetings and illegal literature, Protestants told Forum 18 News Service. Judge Kholmurod Berdyklichev did not "even investigate the case but just signed the hastily and carelessly prepared decision", Protestants complained to Forum 18. The judge ordered that the religious books confiscated in the raid be destroyed, "except for those that can be allowed for internal use of religious communities". A member of Tashkent's registered Baptist church, Konstantin Malchikovsky, faces up to two years' imprisonment if a criminal case now with prosecutors goes ahead. He is accused of failing to use a cash register to record sales and donations to the church. In late April the congregation itself was given a massive fine for this. Church property was raided twice in April.