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Proposed Law On Religion Infringes Upon Religious Rights, Leaders In Tajikistan Say

Representatives of minority religions in Tajikistan have written an open letter to President Emomali Rakhmon and parliament, concerned that a proposed new law on religion will curtail freedom to practice their faith.

Twenty Protestant representatives and one each from the Catholic Church and Bahai community gathered in Dushanbe June 28 to draft the letter. The Russian Orthodox Church, which forms about 3 percent of Tajikistan's 6.5 million people, did not send a representative. Catholics, who number around 250, form a tiny minority.

The letter, which is expected to be sent to the president and parliament in a couple of days, states "our deep concern on the draft law" because it "contains numerous regulations that go contrary to human rights."

Religious leaders objected to the stipulation that in order to register as a religious organization, a non-Muslim community must have at least 400 members in rural areas, 800 in a city and 1,200 in Dushanbe. The present law only requires only 10 members for registration of a non-Muslim religious organization.

Father Carlos Avila, head of the Catholic Church in Tajikistan, told UCA News, "Our Church is too small, and I don't know how we can register our Church if this draft law will pass."

According to Igor Samiev, chairman of Baptists Association of Tajikistan, the numbers are unacceptable. "Such requirements are a barrier to our legal existence," Samiev said during the meeting.

The new draft requires Muslims to have a minimum of 2,000 members to establish a mosque, but this would have a minimal effect since they form 96 percent of the country's 6.5 million people.

Article 10 of the proposed law demands that people who teach spiritual dogma coordinate their activity with the state committee for religious affairs.

"It is quite difficult and almost impossible, because committee officials don't have necessary qualifications to judge the quality of Catholic teachers," said Larisa Kwiatkowskaya, a catechist.

This part of the draft also decrees that children can start spiritual education only after they reach 7 years, and only if parents allow them. Catholics point out that students younger than 7 currently attend their Sunday-school activities.

Others point to Article 11, which says foreigners cannot lead or establish religious communities and organizations, an issue that affects the local Catholic Church directly. All Catholic priests in Tajikistan today are Institute of the Incarnate Word missioners from Argentina.

"Maybe it is not so terrible for Protestant denominations in Tajikistan, because their leaders are basically Russians or Tajiks. But it is absolutely unacceptable for the Catholic Church, because none of our priests are locals and we wouldn't be able to lead the Church and parishes if the new draft law were passed," Father Avila said.

Religious leaders said the existing law on religion was created in 1994 and based on an earlier law written when Tajikistan was part of the Soviet Union.

That law is "pretty acceptable," says Saidsharaf Saidsharapov, leader of Evangelist Church, since it allows preachers to work without much hassle. "Some additions to the present religious law might be a better solution, because it won't cause so many problems as making a new law."

Zulfia Kaumova, a lawyer, told UCA News that Article 7 of the proposed draft forbids religious activity directed to convert people from one religion into another. "It goes contrary to Article 26 of the Tajik Constitution, which claims anyone can independently decide which religion to profess," she said.

The first attempt to change the present law came in May 2006, when Murodullo Davlatov, head of the committee for religious affairs, said the law does not conform to the reality of modern Tajikistan.

On March 10, committee officials contacted representatives of religious communities and organizations and presented them with the new draft, asking them to write in their comments within five days.

According to Davlatov, his committee and non-Muslim religious leaders have had two joint meetings since.

Source: UCAN
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