Source of picture: daryo.uz

Written by Laylo Qarshiboyeva,

January 15, 2021

Nature of the problem

In the end of August 2020, a new draft law on amendments and additions to the Law on Freedom of Conscience and Religious Organizations (Law) has been submitted for public discussion. The cornerstone of the democratic rule of law and civil society being built in our country is closely linked with the concept of “freedom of conscience.”  The current law, on the other hand, has caused a great deal of controversy by failing to adequately guarantee freedom of conscience and the freedoms associated with it. This blogpost examines the changes expected from the new bill and its differences from the current law.

Legal basis of the freedom of conscience

The right of every citizen to freedom of conscience is enshrined in the Constitution.  In particular, according to Article 31 of our Constitution, freedom of conscience is guaranteed for all.

Everyone has the right to believe in any religion or not to believe in any religion.  Coercion of religious beliefs is not allowed.  Article 3 of the Law also guarantees the right to freedom of conscience.

In addition, the right to freedom of conscience is enshrined in a number of international instruments ratified by Uzbekistan. These include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the First Voluntary Protocol.

At the same time, it is noted that every person is responsible for violating the law on freedom of conscience and religious organizations.  In particular, Article 240 of the Code of Administrative Offenses of  Uzbekistan, as well as Articles 145 and 2162 of the Criminal Code provide for administrative and criminal liability.

Notion of the freedom of conscience in legislation

Although freedom of conscience is guaranteed in a number of the above-mentioned documents, the following norm set out in Article 14, paragraph 5 of the Law was causing a lot of misunderstandings about the muslim women’s clothing, particularly the headscarf (or hijab):

“Citizens of the Republic of Uzbekistan (except for those in the service of religious organizations) are not allowed to walk in public places in religious dress.”

 This provision is also reflected in Article 1841 of the Code of Administrative Responsibility of Uzbekistan.

Following question arises. Is the headscarf a prayer clothes? It would be appropriate to address not only a one-sided approach to this issue, but also the requirements of Sharia law.  In verse 31 of Surah an-Nur and verse 59 of Surah al-Ahzab in Qur’an, Allah subhanahu wa ta’aala commands all believing women to cover their chests with their headscarves. That is, women’s headscarves should cover not only their hair, but also their throats, chests and breasts.

This means that there is no special religious dress for women under Sharia law, other than guidelines. For women, the parts of body other than the face and the palms are labelled as “avrat”, i.e. inappropriate to be seen by strangers (“non mahrams”). As for the meaning of the word “avrat”, it should be hidden the part of the body that is haraam(forbidden) to look it in the sharia law. For this reason it is required from muslim girls and women to cover the other parts of the body, except the palms and the face in order to avoid being seen by strangers(non mahram).

At the same time, the Committee on Religious Affairs under the Cabinet of Ministers also stated in 2013 that there is no concept of “special religious dress” or “dress of worship” in Islamic law.

For this reason, the matter of the headscarf is one of the most important issues for observing women( Even more than we imagined)…. It is illogical to interpret the headscarf as religious dress as it is their daily clothes of choice and to demand that women take off their headscarves for education or employment, which is an insult to them, as well as a clear violation of the religious and secular rights of Muslim women….

The changes envisaged in the new bill and their differences from the current legislation

One of the biggest changes in the draft law on amendments and additions to the Law  is the notion of a “special religious dress”      being removed from the legislation.  In addition, the new version of the bill provides for the following innovations and changes:

  • the basic concepts used in the legislation in the field of religion are defined;
  • the basic principles of ensuring freedom of conscience and the activities of religious organizations were established;
  • the main directions of state policy in the field of freedom of conscience have been identified;
  • everyone has the right to receive professional religious education in religious institutions, as well as the right of parents or guardians to teach their children the basics of religious practice and the rules of etiquette (religious education at home);
  • the rights and obligations of religious organizations, guarantees of their provision, including exemption from payment of state duties when they apply to the court for illegal actions (inaction) of a higher body or court officials violating the rights and freedoms of religious organizations;
  • the requirement for a foreign candidate to be considered for the leadership of a religious organization to be approved by the Committee on Religious Affairs was waived;
  • the requirement that the head of a religious organization be a citizen of the Republic of Uzbekistan was abolished;
  • a new procedure for establishing and registering a religious organization has been established, according to which the following:
  •  community participation in the registration process was canceled;
  •  the procedure for notarization of documents of religious organizations was abolished;
  •  the procedure for registering a central governing body and a religious education institution has been simplified;
  •  the number of persons required to register a local religious organization was reduced from 100 to 50;
  •  a one-month period for the registration authority to review the documents for the registration of a religious organization;
  • a comprehensive list of grounds on which a religious organization may be denied registration has been established;
  • the right of the registering authority to suspend or terminate the activities of a religious organization was revoked;
  • in the event of a gross violation of the law, the institution of judicial suspension of a religious organization for up to six months was introduced .

It should be noted that, for the first time since 2005, the US Commission on International Religious Freedom has not invited the State Department to add Uzbekistan to its list of “countries of particular concern in the area of   religious freedom”.  However, the Commission recommends that Uzbekistan be placed on a “special watch list” in the report, noting that the process of adopting a new law on freedom of conscience and religious organizations has not been completed and that the practice of releasing prisoners on religious grounds needs to be continued. For this reason, the adoption of the new Law, which envisages many positive changes as a logical continuation of the reforms on religious tolerance in recent years, will first and foremost strengthen the confidence of the people of Uzbekistan.  At the same time, it will have a positive impact on the image of the country in the international arena.

Conclusion

By and large, in the light of the arguments above, the new bill outlines a number of positive changes.  In particular, the definition of the basic concepts used in the legislation in the field of religion prevents the different interpretations of these concepts and the resulting misunderstandings. In addition, the reduction in the number of people required to register a local religious organization from 100 to 50, as well as clarified list of grounds on which a religious organization may be denied registration will help to avoid bureaucracy in establishing religious organizations. Most importantly, it is gratifying that the concept of “religious dress”, which is one of the issues that plagues the population, especially Muslim women, is being removed from the legislation. Because the norm of “religious dress” did not bring any positive benefits in practice, on the contrary, it led to a clear violation of women’s religious and secular rights, and most importantly, their freedom of religion.

The author strongly hopes that after the adoption of this law, government agencies and organizations, as well as educational institutions will change the regulations and other documents that prohibit wearing of headscarves. Consequently, some individuals who refused to allow covered muslim women in educational institutions,  government offices, etc. based on the notion of “being a secular state” will have to reconsider their attitudes. Because requiring from Muslim girls and women to remove their headscarves is not only a violation of their religious rights, but also a violation of their constitutional rights to education and work and it is a clear DISKRIMINATION and INSULT to them.

Cite as: Laylo Qarshiboyeva, “The law on freedom of conscience is under discussion: will there be a long-awaited change or will it be the same again?”, Uzbekistan Law Blog, 15.01.2021