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UZBEKISTAN: RELIGIOUS FREEDOM SURVEY, AUGUST 2008
F18News
14 August 2008
Norway
By Mushfig Bayram, Forum 18 News Service <http://www.forum18.org>,
and John Kinahan, Forum 18 News Service <http://www.forum18.org>
In its survey analysis of religious freedom in Uzbekistan, Forum 18
News Service has found continuing violations by the state of freedom
of thought, conscience and belief. Amongst many serious violations -
which breach the country's international human rights commitments -
non-state registered religious activity is a criminal offence, as
is the sharing of beliefs and meetings for religious purposes in
private homes. Religious communities are raided with impunity and
their members threatened, assaulted and even tortured. Prisoner of
conscience numbers are increasing. The state continues to actively
promote religious hatred and intolerance through the state-controlled
mass media. Members of religious communities complain that trials are
often conducted unfairly. Oppressive laws are symptomatic of oppressive
official attitudes, and state officials do not appear to acknowledge
any restraints on their actions. The state seeks to completely control
all religious activity - by Muslims and religious minorities such
as Christians, Baha'is, Jehovah's Witnesses, Jews and Hare Krishna
devotees - through a web of laws, NSS secret police agents, censorship
and the activities of public agencies such as local administrations.
Ahead of the Universal Periodic Review of Uzbekistan by the United
Nations (UN) Human Rights Council in December 2008, Forum 18 News
Service has found a worsening of the country's record on freedom of
thought, conscience and belief.
All non-state registered religious activity in Uzbekistan is a
criminal offence, as is the sharing of beliefs and meetings for
religious purposes in private homes. State officials frequently
violate international human rights standards on freedom of thought,
conscience and belief - which Uzbekistan has freely signed. Religious
communities are raided with impunity and their members threatened
and assaulted. Members of religious communities frequently complain
that trials are conducted unfairly, law seemingly being used merely
to provide officials with excuses to engage in oppression of fellow
citizens. Officials do not appear to see law as imposing restraints
on their actions.
President Islam Karimov has held absolute power since independence in
1991. Repression - including of religious believers of all faiths -
has escalated since the May 2005 Andijan [Andijon] massacre. Uzbekistan
has the largest population of any Central Asian state, estimated at
over 28 million, most of whom would identify themselves as Muslim by
tradition. Ethnic Uzbeks are often regarded in Central Asia as being
more devout Muslims than other Central Asian peoples. Uzbekistan's
population is extremely poor, the minimum monthly salary decreed from
1 September 2008 by the President being 25,040 Soms (99 Norwegian
Kroner, 12 Euros, or 19 US Dollars).
State controls on religious believers and communities
Officials claim that Uzbekistan is a Muslim country, and so does
not oppress Muslims. Islam is primarily controlled from inside its
state-run structures, through the complete control of the selection,
education and nomination of imams in defiance of Article 61 of the
Uzbek Constitution: "Religious organisations and associations are
separate from the government and equal before the law. The government
does not interfere in the activities of religious associations." The
state also controls the number and location of mosques and the formal
religious education of Muslims. This has brought the Muslim clergy
almost completely under the control of the authorities, with the
Islamic religious leadership (the Spiritual Administration of Muslims
or Muftiate) being virtually an agency of state authority. In September
2007, the Muftiate banned imams in Namangan Region from preaching at
Ramadan night prayers, and children were banned from attending them.
The state controls other religious communities - including non-state
approved Muslims - from outside their formal structures, for example
through police and National Security Service (NSS) secret police
raids, or expulsions of university students (as happened with
Protestants and Hare Krishna devotees). Police and schoolteachers
have told children that if they attend Protestant churches they will
be jailed. All non-Russian Orthodox and non-state controlled Muslim
religious activity is banned in the north-west region of Karakalpakstan
[Qoraqalpoghiston].
State Islamic educational institutions check political loyalty
to the President, and the NSS secret police maintains informers
among students. Non-state controlled religious education is
forbidden. Official imams have complained that they cannot teach
religion to children.
The authorities from time to time use Sufism, particularly the
Naqshbandi order, to counter what they see as extremism and for
propaganda purposes in foreign countries. An example is allowing
an unregistered kanaka (Sufi monastery) in Kokand in the Fergana
[Farghona] Valley. However, the authorities' attitude to Sufism
fluctuates, as the NSS secret police has regarded the Sufist "myurid"
(discipleship) system as a possible terrorist organisation.
Numbers of haj pilgrims are restricted to about 5,000, which is about
a fifth of the pilgrim quota granted by Saudi Arabia. All pilgrims
need approval from local authorities, the NSS secret police and the
Haj Commission, which is controlled by the state Religious Affairs
Committee and the Muftiate. Travel on the haj must be on the state-run
airline, Uzbekistan Airways, and costs about 200 times the minimum
monthly wage.
Religious communities - whether Muslim or of other faiths - are not
able to buy, build or open places of worship freely. Some places
of worship have been confiscated. Open and hidden surveillance
of religious believers and communities by the secret police is
widespread. The NSS has hidden microphones in places of worship,
sent agents to monitor worship, and recruited spies within
communities. State officials are acutely interested in controlling
all religious activity. An April 2007 internal document from Andijan
Region Hokimat (administration) reveals the issuing by the authorities
of direct orders to religious communities "to prevent missionary
activity," "to bring under constant close observation all officially
registered religious organisations" and "to strengthen the struggle
with people conducting illegal religious education and organising
small religious gatherings."
The official committee that runs each mahalla, the district into which
towns and cities are divided, is a key unit among state institutions
used in repression. Although ostensibly elected and self-governing,
mahalla committees are in practice instruments of state control. They
are often used to block registration attempts by religious minorities
such as Protestants and Jehovah's Witnesses. They are also used in
periodic crackdowns on religious minorities, as well as to monitor
members of the majority Muslim community, such as to check up
on individuals who want to make the haj pilgrimage. Other public
agencies, such as the Fire Brigade and Sanitary-Epidemiological
Service, have also been used against religious believers, through
inspections allegedly to check whether registered communities are
observing fire and public health regulations.
To gain state registration, the only method of gaining legal status,
religious organisations must submit two letters of guarantee: one
from the district hokimat (local administration), confirming that
the organisation to be registered has a building which corresponds
to public health and fire safety requirements; and one from the
mahalla committee, stating that other mahalla residents do not
object to the organisation. Uzbek officials wrongly claim that the
alleged unwillingness of local residents allows the state to, under
international law, stop religious organisations from operating. All
unregistered religious activity is a criminal offence.
Other ways used to repress religious believers and communities, and
cut them off from their fellow-believers abroad, include refusals to
renew visas - used in summer 2008 against Uzbekistan's Chief Rabbi -
and expulsions, which have been used against several Protestants. Even
those who flee from religious persecution in the country, such as
a Pentecostal who gained UN High Commissioner for Refugees refugee
status in Kazakhstan, face Uzbek government attempts to have them
sent back for trial - in this case with the false claim that he was
an Islamic fundamentalist and terrorist.
Torture
The UN Committee Against Torture found in November 2007 that the use
of torture by state officials is "routine." Religious believers and
communities are highly reluctant, for fear of further state repression,
to publicly discuss the use of torture. But occasionally on the record,
and frequently off the record, Forum 18 is told of the threat or
use of physical violence, including rape and the use of gasmasks to
cut off victims' air supply. Such methods are used to try to force
adults and children to renounce their beliefs or to make confessions
implicating themselves or others. Such torture and threats usually
follow in the immediate aftermath of the frequent police and secret
police raids against unregistered religious communities, often but
not always while people are held under arrest.
Religious tolerance?
Officials claim that religious tolerance flourishes in the country,
however state-run TV has repeatedly shown films - which school and
university students are strongly encouraged to watch - inciting
intolerance and hatred of religious minorities, especially those who
are said to share their beliefs with others. For example, as well as
direct attacks on named individuals and communities, psychotropic or
mind-altering drugs are falsely said to be used by religious minorities
to gain adherents, those who change beliefs are said to be traitors,
and sharing beliefs has been compared with terrorism. Representatives
of registered religious communities have been shown supporting these
broadcasts, however it should be noted both that Uzbek TV has in the
past falsified interviews discussing human rights with people who
are not state officials, and that extreme pressure can be used by
the state against individuals and communities.
After one broadcast encouraging religious hatred in May 2008, Forum 18
was told that some members of religious minorities are "afraid to go
out on the street where they live for fear of being persecuted." Other
state-run media outlets, such as newspapers and websites, similarly
encourage religious intolerance and hatred. One Protestant publicly
attacked in a state TV broadcast commented to Forum 18 that "the
government is trying to stir up Muslims against Christians." Raids
on and fines imposed against members of religious minorities usually
accompany such media campaigns, but as such violations of religious
freedom are commonplace, it is unclear whether there is a direct link.
Legal framework a symptom of official attitudes
When the harsh 1998 Religion Law was adopted, President Karimov claimed
it was necessary to counter "Wahhabi" Muslims - a term widely and
loosely used in Central Asia to denote anyone from peaceful devout
Muslims to Islamist militants. Karimov stated in a speech broadcast
nationwide on state radio on 1 May 1998 that "such people must be
shot in the forehead. If necessary, I'll shoot them myself." There are
indications that Uzbekistan may be planning to further harshen the Law.
Numerous articles in the Religion Law, Criminal Code and Administrative
Code are used to punish peaceful religious activity. The articles
most frequently used are cited below, but other articles are also
deployed. The Uzbek legal system contains a web of articles, used to
varying degrees over time, designed to block the peaceful exercise
of freedom of thought, conscience and belief. President Karimov's
remarks illustrate clearly that the major problems that religious
believers and communities face are not limited to particular laws or
articles, but rather to the oppressive actions of state officials,
of which the laws are a prominent symptom.
Unregistered religious activity is a criminal offence under Article 8
of the Religion Law. Registration - the only way in which communities
may obtain legal status - is via the Justice Ministry. However,
the experience of many communities, registered or unregistered, is
that repression can occur at any time, with no regard for whether
or not a community is registered. The ban on unregistered religious
activity is underpinned by articles in the Criminal Code and the
Administrative Code. Under Article 240 (breaking the Religion Law)
of the Administrative Code, unlawful religious activity is punishable
by fines, or administrative detention of up to 15 days.
Statistics from the state Religious Affairs Committee indicate that a
net total of six Christian churches lost registration between October
2002 and February 2007, along with one Jehovah's Witness, one Hare
Krishna and one Baha'i community. The figures cannot be independently
verified and conceal denominational differences, with an increase in
the numbers of Russian Orthodox and Armenian Apostolic communities
disguising the loss of legal status of Protestant churches. Religious
believers inside Uzbekistan indicate that the reality may be much
worse. Between 2000 and 2006, some Protestants calculated that 38 of
their congregations were stripped of legal status by the state. Over
100 religious communities of various faiths reportedly have tried
unsuccessfully to gain registration. The Religious Affairs Committee
asserted in February 2007 that "there are no restrictions on or
hindrances to registration." But when Jehovah's Witnesses in the town
of Kagan, on the outskirts of Bukhara [Bukhoro], tried to register
between 2006 and 2008, they faced harassment, a police raid and the
ten community members were threatened with death and each given fines
of five years' minimum wages. Bailiffs have made repeated visits to
seize property to pay the fines.
In 2006, fines for a wide range of religious activity - including
unregistered religious activity - were increased significantly,
rising from the previous 5 to 10 times the minimum monthly wage to the
current 50 to 100 times the minimum monthly wage. Since late 2007,
it appears that the numbers and scale of raids and fines imposed
on religious minorities have further increased. A March 2008 raid
on a Protestant church was justified as "anti-terrorist activity,"
although police were unable to specify to Forum 18 what threat the
raid was supposed to stop.
Although members of religious minorities are often fined, they have
in the past not been - unlike Muslims - frequently brought to trial
and jailed. An exception was the 2007 conviction of Pentecostal
Pastor Dmitry Shestakov. He was sentenced to four years in a labour
camp under Article 216 of the Criminal Code and Article 244-1, which
punishes "dissemination of information and materials containing ideas
of religious extremism, separatism, and fundamentalism, calls for
pogroms or violent eviction of individuals, or aimed at creating panic
among the population, as well as the use of religion in purposes of
breach of civil concord, dissemination of calumnious and destabilising
fabrications, and committing other acts aimed against the established
rules of conduct in society and of public security." Credible claims
were made that the trial breached the procedures laid down under Uzbek
law. It was suggested that the main reason for Pastor Shestakov's
labour camp sentence was that his church - which subsequently decided
to disband as it was "too dangerous to meet" - had been attracting
ethnic Uzbek converts in the Fergana Valley. This valley is seen as
a region with many particularly devout Muslims, and was the site of
the 2005 Andijan massacre.
Sharing beliefs is banned by Article 216-2 of the Criminal
Code, which states that the "conversion of believers belonging
to a certain religion to other religions (proselytism) and other
missionary activities, will, after the application of penalties under
Administrative Law for similar activities, be punished by a fine
of between 50 and 100 times the minimum wage or up to six months'
detention or up to three years in prison." Similarly, Article 5 of
the Religion Law states that: "Actions aimed at turning believers
from one faith to another (proselytism) are forbidden, as is any
other form of missionary activity."
Article 216-2 of the Criminal Code also bans "illegal religious
activity, evasion of registration of a religious organisation's
charter by its leaders, conducting special meetings for young people,
work groups, and other circles and groups, unrelated to worship,
by religious leaders and members of religious organisations."
"Inducement to participate in the operation of illegal public
associations, religious organisations, movements or sects" is banned
under Article 216-1 of the Criminal Code.
Reinforcing the bans on sharing beliefs and on religious small groups,
"teaching religious beliefs without specialised religious education and
without permission from the central organ of a [registered] religious
organisation, as well as teaching religious beliefs privately"
is banned by the Criminal Code's Article 229-2 and Article 241 of
the Administrative Code. Article 10 of the Religion Law states
that "religious educational establishments acquire the right to
operate after registering with the Justice Ministry and receiving
the appropriate licence. (..) Persons teaching religious subjects at
religious educational establishments must have a religious education
and carry out their work with the permission of the appropriate agency
of the central administration."
Unregistered Muslim religious activity has mainly been punished under
Criminal Code Articles 159 "attempts to change the constitutional
order"; 242 "organisation of a criminal society" and Article 156. This
article bans "acts intended to humiliate ethnic honour and dignity,
insult the religious or atheistic feelings of individuals, carried
out with the purpose of inciting hatred, intolerance, or divisions
on a national, ethnic, racial, or religious basis, as well as the
explicit or implicit limitation of rights or preferences on the basis
of national, racial, or ethnic origin, or religious beliefs." This
article has also been used against religious minorities.
Religious minorities within Uzbekistan have noted that the state's
own incitement of religious intolerance and hatred violates the
Criminal Code's Article 156, as well as both Article 139 punishing
"Denigration, that is, dissemination of false, defamatory information"
(including in the media) and Article 140 punishing "Insult, that is,
intentional grievous degrading of the honour and dignity of a person"
(also including in the media).
Prisoners of conscience
Reportedly, thousands of Muslims have been imprisoned, usually
on accusations of belonging to terrorist, extremist or banned
organisations. One observer asserted that within the past year police
have arrested people as terrorists because an Arabic Koran was found
in their house. The nature of the Uzbek justice system, in which the
planting of evidence and torture by the authorities is often credibly
claimed, makes it unlikely that the authorities - or anyone else -
knows how many of these prisoners are guilty of violence or are only
"guilty" of being devout Muslims who take their faith seriously.
Prisoners are often denied their religious freedom. Muslim prisoners
have complained to Forum 18 that they have been forbidden to recite
prayers or fast during Ramadan. Similarly, Pentecostal pastor Shestakov
has been denied access to a Bible in prison.
There are violent groups which oppose the state, even though their
violence is infrequent, but the authorities' own violence and
injustice fuels support for such groups. When Forum 18 has asked
Uzbeks who sympathise with extremist organisations why they do so,
they often indicate that such sympathy is motivated by a dislike of
the government's actions.
In addition to Pastor Shestakov, the other currently known religious
minority prisoners of conscience are four Jehovah's Witnesses:
Irfon Khamidov, who is serving a two-year prison sentence imposed
in May 2007 for "illegal religious teaching"; Olim Turaev, who was
jailed for four years in a labour camp from April 2008 for holding
an unapproved religious meeting and teaching religion without state
permission; Abdubannob Ahmedov sentenced in July 2008 to a four year
term for "illegal organisation of public associations or religious
organisations"; and Sergei Ivanov sentenced in July 2008 to three
and a half years for "illegal organisation of public associations
or religious organisations". Other Jehovah's Witnesses are serving
suspended or corrective labour sentences, under which a large part
of their salaries is deducted and handed to the state.
The number of religious minority prisoners of conscience may continue
to increase, as the authorities seem to be more frequently bringing
charges that carry a possible jail sentence. Aimurat Khayburahmanov,
a Protestant arrested in June 2008, faces criminal trial under
Article 229-2 and Article 244-2 part 1 (also used against unregistered
Muslims), which punishes "establishment, direction of or participation
in religious extremist, separatist, fundamentalist or other banned
organisations" with sentences of up to 15 years' imprisonment. As is
often the case, these charges can mask the activity the authorities
dislike. Asked what was "extremist" about Khayburahmanov's activity,
Uzbek police told Forum 18 that he held meetings in his home and read
"prohibited" Christian literature. Police refused to specify what
Christian literature was prohibited, but stated that, for reading
these books, imprisonment was a legitimate punishment.
Control of religious literature
Religious literature in Uzbekistan is also under tight state
control. The import and production of literature - including the
Koran and the Bible - is strictly controlled, with compulsory
prior censorship by the state Religious Affairs Committee. Only
registered communities can ask for permission to print or import
material. Relatively little literature about the majority Islamic
faith is allowed to be published, and none is imported officially. Some
Islamic books are no longer published, such as Imam Muhammad ibn Ismail
al-Bukhari's book "Sahih al-Bukhari". This is a collection of hadith
which Sunni Muslims regard as the most authentic hadith compilation.
Censorship of religious literature is mandated under Article 19 of
the Religion Law. This bans the "manufacture, storage and distribution
of printed items, films, photographs, audio and video recordings and
other materials containing ideas of religious extremism, separatism
and fundamentalism". The article also states that: "Delivery and
distribution of religious literature published abroad is done after
expert analysis of its contents is carried out in the order prescribed
by law." Publication of religious literature within Uzbekistan is
also subject to compulsory prior censorship. Under Criminal Code
Article 244-3, "illegal production, storage, import or distribution"
of religious publications is punishable for repeat offenders by terms
of up to three years in jail. Article 184-2 of the Administrative Code,
imposes fines and confiscation for a first offence.
Either the state's Religious Affairs Committee or - in provincial
areas - teachers at local university philosophy departments decide
whether religious material, including items sent by post, should be
banned. Mainstream Islamic theological works are often deemed to be
extremist. Uzbekistan's postal authorities actively collaborate in
censorship of publications sent from abroad, and have all but halted
the delivery of parcels of books sent to individuals from abroad. Such
parcels have been returned to senders in recent years with a letter
informing them that such literature is banned and telling them not to
send it in future. Religious minorities - including Christians and
Jehovah's Witnesses - are also concerned about literature held for
long periods by customs, which may also incur extremely expensive
official charges for "storage". The official system of internet
censorship also blocks access to some foreign religious websites.
In 2006, new penalties were introduced for the "illegal" production,
storage, import and distribution of religious literature. Some
Muslims stressed to Forum 18 that the changes merely provided a
"legal" basis for current practice. The state Religious Affairs
Committee told Forum 18 that "illegal" production and distribution
of religious literature are "home-produced" materials.
Frequently even legally imported materials are confiscated during
police raids. Courts often order such material - including books such
as the Bible - to be burnt, as happened to literature confiscated
from Baptists in Karshi [Qarshi] in October 2006.
Ban on religious dress
Under Article 14 of the Religion Law, wearing religious clothing is not
allowed in public places. The term "religious clothing" is not defined,
and this has caused Muslim men to fear having an obviously Muslim
appearance, such as wearing a beard and clothes that are traditional
to Muslim countries. Women who wear traditional robes covering their
heads have also been subjected to discrimination in the past, but
this ban does not appear to be currently applied rigorously. From
time to time, the authorities in the Fergana Valley have also stopped
men from wearing traditional white prayer caps entering mosques, but
this does not appear to be a current problem. The ban on appearing
in public in "religious clothing" also affects religious minorities
who wear religious clothing, such as Hare Krishna devotees.
What changes do Uzbek citizens want in religious policy?
Religious believers of various faiths have told Forum 18 that they
most want to see Uzbekistan:
- end the ban on unregistered religious activity;
- end the ban on sharing beliefs;
- end the ban on religious meetings in private homes;
- end raids on peaceful religious worship services;
- end threats, violence and torture by state officials;
- enable fair trials for alleged offences;
- end fines, harassment and persecution of people exercising their
right to freedom of thought, conscience and belief;
- free prisoners of conscience;
- end attempts to control and repress both Muslims and members of
religious minorities;
- end state encouragement of religious hatred and intolerance;
- end censorship of imported and locally-produced religious literature
and material;
- end confiscations of property from religious believers and
communities;
- end restrictions on haj pilgrims, and other religious believers
and communities being in contact with fellow-believers abroad;
- and end restrictions on children's religious education.
Uzbek citizens have told Forum 18 that these steps are essential to
ending the state's ongoing, systematic and nationwide violations of
freedom of thought, conscience and belief. (END)
For a personal commentary by a Muslim scholar, advocating
religious freedom for all faiths as the best antidote
to Islamic religious extremism in Uzbekistan, see
http://www.forum18.org/Archive.php?article_id= 338.
Full reports on freedom of thought, conscience
and belief in Uzbekistan can be found at
http://www.forum18.org/Archive.php?query=&r eligion=all&country=33.
The previous Forum 18 Uzbekistan religious freedom survey can be
found at http://www.forum18.org/Archive.php?article_id=777.
A survey of the religious freedom decline in the eastern part of
the Organisation for Security and Co-operation in Europe (OSCE)
area is at http://www.forum18.org/Archive.php?article_id=806,
and of religious intolerance in Central Asia is at
http://www.forum18.org/Archive.php?article_id=8 15.
A printer-friendly map of Uzbekistan is available at
http://www.nationalgeographic.com/xpeditions/at las/index.html?Parent=asia&Rootmap=uzbeki.
F18News
14 August 2008
Norway
By Mushfig Bayram, Forum 18 News Service <http://www.forum18.org>,
and John Kinahan, Forum 18 News Service <http://www.forum18.org>
In its survey analysis of religious freedom in Uzbekistan, Forum 18
News Service has found continuing violations by the state of freedom
of thought, conscience and belief. Amongst many serious violations -
which breach the country's international human rights commitments -
non-state registered religious activity is a criminal offence, as
is the sharing of beliefs and meetings for religious purposes in
private homes. Religious communities are raided with impunity and
their members threatened, assaulted and even tortured. Prisoner of
conscience numbers are increasing. The state continues to actively
promote religious hatred and intolerance through the state-controlled
mass media. Members of religious communities complain that trials are
often conducted unfairly. Oppressive laws are symptomatic of oppressive
official attitudes, and state officials do not appear to acknowledge
any restraints on their actions. The state seeks to completely control
all religious activity - by Muslims and religious minorities such
as Christians, Baha'is, Jehovah's Witnesses, Jews and Hare Krishna
devotees - through a web of laws, NSS secret police agents, censorship
and the activities of public agencies such as local administrations.
Ahead of the Universal Periodic Review of Uzbekistan by the United
Nations (UN) Human Rights Council in December 2008, Forum 18 News
Service has found a worsening of the country's record on freedom of
thought, conscience and belief.
All non-state registered religious activity in Uzbekistan is a
criminal offence, as is the sharing of beliefs and meetings for
religious purposes in private homes. State officials frequently
violate international human rights standards on freedom of thought,
conscience and belief - which Uzbekistan has freely signed. Religious
communities are raided with impunity and their members threatened
and assaulted. Members of religious communities frequently complain
that trials are conducted unfairly, law seemingly being used merely
to provide officials with excuses to engage in oppression of fellow
citizens. Officials do not appear to see law as imposing restraints
on their actions.
President Islam Karimov has held absolute power since independence in
1991. Repression - including of religious believers of all faiths -
has escalated since the May 2005 Andijan [Andijon] massacre. Uzbekistan
has the largest population of any Central Asian state, estimated at
over 28 million, most of whom would identify themselves as Muslim by
tradition. Ethnic Uzbeks are often regarded in Central Asia as being
more devout Muslims than other Central Asian peoples. Uzbekistan's
population is extremely poor, the minimum monthly salary decreed from
1 September 2008 by the President being 25,040 Soms (99 Norwegian
Kroner, 12 Euros, or 19 US Dollars).
State controls on religious believers and communities
Officials claim that Uzbekistan is a Muslim country, and so does
not oppress Muslims. Islam is primarily controlled from inside its
state-run structures, through the complete control of the selection,
education and nomination of imams in defiance of Article 61 of the
Uzbek Constitution: "Religious organisations and associations are
separate from the government and equal before the law. The government
does not interfere in the activities of religious associations." The
state also controls the number and location of mosques and the formal
religious education of Muslims. This has brought the Muslim clergy
almost completely under the control of the authorities, with the
Islamic religious leadership (the Spiritual Administration of Muslims
or Muftiate) being virtually an agency of state authority. In September
2007, the Muftiate banned imams in Namangan Region from preaching at
Ramadan night prayers, and children were banned from attending them.
The state controls other religious communities - including non-state
approved Muslims - from outside their formal structures, for example
through police and National Security Service (NSS) secret police
raids, or expulsions of university students (as happened with
Protestants and Hare Krishna devotees). Police and schoolteachers
have told children that if they attend Protestant churches they will
be jailed. All non-Russian Orthodox and non-state controlled Muslim
religious activity is banned in the north-west region of Karakalpakstan
[Qoraqalpoghiston].
State Islamic educational institutions check political loyalty
to the President, and the NSS secret police maintains informers
among students. Non-state controlled religious education is
forbidden. Official imams have complained that they cannot teach
religion to children.
The authorities from time to time use Sufism, particularly the
Naqshbandi order, to counter what they see as extremism and for
propaganda purposes in foreign countries. An example is allowing
an unregistered kanaka (Sufi monastery) in Kokand in the Fergana
[Farghona] Valley. However, the authorities' attitude to Sufism
fluctuates, as the NSS secret police has regarded the Sufist "myurid"
(discipleship) system as a possible terrorist organisation.
Numbers of haj pilgrims are restricted to about 5,000, which is about
a fifth of the pilgrim quota granted by Saudi Arabia. All pilgrims
need approval from local authorities, the NSS secret police and the
Haj Commission, which is controlled by the state Religious Affairs
Committee and the Muftiate. Travel on the haj must be on the state-run
airline, Uzbekistan Airways, and costs about 200 times the minimum
monthly wage.
Religious communities - whether Muslim or of other faiths - are not
able to buy, build or open places of worship freely. Some places
of worship have been confiscated. Open and hidden surveillance
of religious believers and communities by the secret police is
widespread. The NSS has hidden microphones in places of worship,
sent agents to monitor worship, and recruited spies within
communities. State officials are acutely interested in controlling
all religious activity. An April 2007 internal document from Andijan
Region Hokimat (administration) reveals the issuing by the authorities
of direct orders to religious communities "to prevent missionary
activity," "to bring under constant close observation all officially
registered religious organisations" and "to strengthen the struggle
with people conducting illegal religious education and organising
small religious gatherings."
The official committee that runs each mahalla, the district into which
towns and cities are divided, is a key unit among state institutions
used in repression. Although ostensibly elected and self-governing,
mahalla committees are in practice instruments of state control. They
are often used to block registration attempts by religious minorities
such as Protestants and Jehovah's Witnesses. They are also used in
periodic crackdowns on religious minorities, as well as to monitor
members of the majority Muslim community, such as to check up
on individuals who want to make the haj pilgrimage. Other public
agencies, such as the Fire Brigade and Sanitary-Epidemiological
Service, have also been used against religious believers, through
inspections allegedly to check whether registered communities are
observing fire and public health regulations.
To gain state registration, the only method of gaining legal status,
religious organisations must submit two letters of guarantee: one
from the district hokimat (local administration), confirming that
the organisation to be registered has a building which corresponds
to public health and fire safety requirements; and one from the
mahalla committee, stating that other mahalla residents do not
object to the organisation. Uzbek officials wrongly claim that the
alleged unwillingness of local residents allows the state to, under
international law, stop religious organisations from operating. All
unregistered religious activity is a criminal offence.
Other ways used to repress religious believers and communities, and
cut them off from their fellow-believers abroad, include refusals to
renew visas - used in summer 2008 against Uzbekistan's Chief Rabbi -
and expulsions, which have been used against several Protestants. Even
those who flee from religious persecution in the country, such as
a Pentecostal who gained UN High Commissioner for Refugees refugee
status in Kazakhstan, face Uzbek government attempts to have them
sent back for trial - in this case with the false claim that he was
an Islamic fundamentalist and terrorist.
Torture
The UN Committee Against Torture found in November 2007 that the use
of torture by state officials is "routine." Religious believers and
communities are highly reluctant, for fear of further state repression,
to publicly discuss the use of torture. But occasionally on the record,
and frequently off the record, Forum 18 is told of the threat or
use of physical violence, including rape and the use of gasmasks to
cut off victims' air supply. Such methods are used to try to force
adults and children to renounce their beliefs or to make confessions
implicating themselves or others. Such torture and threats usually
follow in the immediate aftermath of the frequent police and secret
police raids against unregistered religious communities, often but
not always while people are held under arrest.
Religious tolerance?
Officials claim that religious tolerance flourishes in the country,
however state-run TV has repeatedly shown films - which school and
university students are strongly encouraged to watch - inciting
intolerance and hatred of religious minorities, especially those who
are said to share their beliefs with others. For example, as well as
direct attacks on named individuals and communities, psychotropic or
mind-altering drugs are falsely said to be used by religious minorities
to gain adherents, those who change beliefs are said to be traitors,
and sharing beliefs has been compared with terrorism. Representatives
of registered religious communities have been shown supporting these
broadcasts, however it should be noted both that Uzbek TV has in the
past falsified interviews discussing human rights with people who
are not state officials, and that extreme pressure can be used by
the state against individuals and communities.
After one broadcast encouraging religious hatred in May 2008, Forum 18
was told that some members of religious minorities are "afraid to go
out on the street where they live for fear of being persecuted." Other
state-run media outlets, such as newspapers and websites, similarly
encourage religious intolerance and hatred. One Protestant publicly
attacked in a state TV broadcast commented to Forum 18 that "the
government is trying to stir up Muslims against Christians." Raids
on and fines imposed against members of religious minorities usually
accompany such media campaigns, but as such violations of religious
freedom are commonplace, it is unclear whether there is a direct link.
Legal framework a symptom of official attitudes
When the harsh 1998 Religion Law was adopted, President Karimov claimed
it was necessary to counter "Wahhabi" Muslims - a term widely and
loosely used in Central Asia to denote anyone from peaceful devout
Muslims to Islamist militants. Karimov stated in a speech broadcast
nationwide on state radio on 1 May 1998 that "such people must be
shot in the forehead. If necessary, I'll shoot them myself." There are
indications that Uzbekistan may be planning to further harshen the Law.
Numerous articles in the Religion Law, Criminal Code and Administrative
Code are used to punish peaceful religious activity. The articles
most frequently used are cited below, but other articles are also
deployed. The Uzbek legal system contains a web of articles, used to
varying degrees over time, designed to block the peaceful exercise
of freedom of thought, conscience and belief. President Karimov's
remarks illustrate clearly that the major problems that religious
believers and communities face are not limited to particular laws or
articles, but rather to the oppressive actions of state officials,
of which the laws are a prominent symptom.
Unregistered religious activity is a criminal offence under Article 8
of the Religion Law. Registration - the only way in which communities
may obtain legal status - is via the Justice Ministry. However,
the experience of many communities, registered or unregistered, is
that repression can occur at any time, with no regard for whether
or not a community is registered. The ban on unregistered religious
activity is underpinned by articles in the Criminal Code and the
Administrative Code. Under Article 240 (breaking the Religion Law)
of the Administrative Code, unlawful religious activity is punishable
by fines, or administrative detention of up to 15 days.
Statistics from the state Religious Affairs Committee indicate that a
net total of six Christian churches lost registration between October
2002 and February 2007, along with one Jehovah's Witness, one Hare
Krishna and one Baha'i community. The figures cannot be independently
verified and conceal denominational differences, with an increase in
the numbers of Russian Orthodox and Armenian Apostolic communities
disguising the loss of legal status of Protestant churches. Religious
believers inside Uzbekistan indicate that the reality may be much
worse. Between 2000 and 2006, some Protestants calculated that 38 of
their congregations were stripped of legal status by the state. Over
100 religious communities of various faiths reportedly have tried
unsuccessfully to gain registration. The Religious Affairs Committee
asserted in February 2007 that "there are no restrictions on or
hindrances to registration." But when Jehovah's Witnesses in the town
of Kagan, on the outskirts of Bukhara [Bukhoro], tried to register
between 2006 and 2008, they faced harassment, a police raid and the
ten community members were threatened with death and each given fines
of five years' minimum wages. Bailiffs have made repeated visits to
seize property to pay the fines.
In 2006, fines for a wide range of religious activity - including
unregistered religious activity - were increased significantly,
rising from the previous 5 to 10 times the minimum monthly wage to the
current 50 to 100 times the minimum monthly wage. Since late 2007,
it appears that the numbers and scale of raids and fines imposed
on religious minorities have further increased. A March 2008 raid
on a Protestant church was justified as "anti-terrorist activity,"
although police were unable to specify to Forum 18 what threat the
raid was supposed to stop.
Although members of religious minorities are often fined, they have
in the past not been - unlike Muslims - frequently brought to trial
and jailed. An exception was the 2007 conviction of Pentecostal
Pastor Dmitry Shestakov. He was sentenced to four years in a labour
camp under Article 216 of the Criminal Code and Article 244-1, which
punishes "dissemination of information and materials containing ideas
of religious extremism, separatism, and fundamentalism, calls for
pogroms or violent eviction of individuals, or aimed at creating panic
among the population, as well as the use of religion in purposes of
breach of civil concord, dissemination of calumnious and destabilising
fabrications, and committing other acts aimed against the established
rules of conduct in society and of public security." Credible claims
were made that the trial breached the procedures laid down under Uzbek
law. It was suggested that the main reason for Pastor Shestakov's
labour camp sentence was that his church - which subsequently decided
to disband as it was "too dangerous to meet" - had been attracting
ethnic Uzbek converts in the Fergana Valley. This valley is seen as
a region with many particularly devout Muslims, and was the site of
the 2005 Andijan massacre.
Sharing beliefs is banned by Article 216-2 of the Criminal
Code, which states that the "conversion of believers belonging
to a certain religion to other religions (proselytism) and other
missionary activities, will, after the application of penalties under
Administrative Law for similar activities, be punished by a fine
of between 50 and 100 times the minimum wage or up to six months'
detention or up to three years in prison." Similarly, Article 5 of
the Religion Law states that: "Actions aimed at turning believers
from one faith to another (proselytism) are forbidden, as is any
other form of missionary activity."
Article 216-2 of the Criminal Code also bans "illegal religious
activity, evasion of registration of a religious organisation's
charter by its leaders, conducting special meetings for young people,
work groups, and other circles and groups, unrelated to worship,
by religious leaders and members of religious organisations."
"Inducement to participate in the operation of illegal public
associations, religious organisations, movements or sects" is banned
under Article 216-1 of the Criminal Code.
Reinforcing the bans on sharing beliefs and on religious small groups,
"teaching religious beliefs without specialised religious education and
without permission from the central organ of a [registered] religious
organisation, as well as teaching religious beliefs privately"
is banned by the Criminal Code's Article 229-2 and Article 241 of
the Administrative Code. Article 10 of the Religion Law states
that "religious educational establishments acquire the right to
operate after registering with the Justice Ministry and receiving
the appropriate licence. (..) Persons teaching religious subjects at
religious educational establishments must have a religious education
and carry out their work with the permission of the appropriate agency
of the central administration."
Unregistered Muslim religious activity has mainly been punished under
Criminal Code Articles 159 "attempts to change the constitutional
order"; 242 "organisation of a criminal society" and Article 156. This
article bans "acts intended to humiliate ethnic honour and dignity,
insult the religious or atheistic feelings of individuals, carried
out with the purpose of inciting hatred, intolerance, or divisions
on a national, ethnic, racial, or religious basis, as well as the
explicit or implicit limitation of rights or preferences on the basis
of national, racial, or ethnic origin, or religious beliefs." This
article has also been used against religious minorities.
Religious minorities within Uzbekistan have noted that the state's
own incitement of religious intolerance and hatred violates the
Criminal Code's Article 156, as well as both Article 139 punishing
"Denigration, that is, dissemination of false, defamatory information"
(including in the media) and Article 140 punishing "Insult, that is,
intentional grievous degrading of the honour and dignity of a person"
(also including in the media).
Prisoners of conscience
Reportedly, thousands of Muslims have been imprisoned, usually
on accusations of belonging to terrorist, extremist or banned
organisations. One observer asserted that within the past year police
have arrested people as terrorists because an Arabic Koran was found
in their house. The nature of the Uzbek justice system, in which the
planting of evidence and torture by the authorities is often credibly
claimed, makes it unlikely that the authorities - or anyone else -
knows how many of these prisoners are guilty of violence or are only
"guilty" of being devout Muslims who take their faith seriously.
Prisoners are often denied their religious freedom. Muslim prisoners
have complained to Forum 18 that they have been forbidden to recite
prayers or fast during Ramadan. Similarly, Pentecostal pastor Shestakov
has been denied access to a Bible in prison.
There are violent groups which oppose the state, even though their
violence is infrequent, but the authorities' own violence and
injustice fuels support for such groups. When Forum 18 has asked
Uzbeks who sympathise with extremist organisations why they do so,
they often indicate that such sympathy is motivated by a dislike of
the government's actions.
In addition to Pastor Shestakov, the other currently known religious
minority prisoners of conscience are four Jehovah's Witnesses:
Irfon Khamidov, who is serving a two-year prison sentence imposed
in May 2007 for "illegal religious teaching"; Olim Turaev, who was
jailed for four years in a labour camp from April 2008 for holding
an unapproved religious meeting and teaching religion without state
permission; Abdubannob Ahmedov sentenced in July 2008 to a four year
term for "illegal organisation of public associations or religious
organisations"; and Sergei Ivanov sentenced in July 2008 to three
and a half years for "illegal organisation of public associations
or religious organisations". Other Jehovah's Witnesses are serving
suspended or corrective labour sentences, under which a large part
of their salaries is deducted and handed to the state.
The number of religious minority prisoners of conscience may continue
to increase, as the authorities seem to be more frequently bringing
charges that carry a possible jail sentence. Aimurat Khayburahmanov,
a Protestant arrested in June 2008, faces criminal trial under
Article 229-2 and Article 244-2 part 1 (also used against unregistered
Muslims), which punishes "establishment, direction of or participation
in religious extremist, separatist, fundamentalist or other banned
organisations" with sentences of up to 15 years' imprisonment. As is
often the case, these charges can mask the activity the authorities
dislike. Asked what was "extremist" about Khayburahmanov's activity,
Uzbek police told Forum 18 that he held meetings in his home and read
"prohibited" Christian literature. Police refused to specify what
Christian literature was prohibited, but stated that, for reading
these books, imprisonment was a legitimate punishment.
Control of religious literature
Religious literature in Uzbekistan is also under tight state
control. The import and production of literature - including the
Koran and the Bible - is strictly controlled, with compulsory
prior censorship by the state Religious Affairs Committee. Only
registered communities can ask for permission to print or import
material. Relatively little literature about the majority Islamic
faith is allowed to be published, and none is imported officially. Some
Islamic books are no longer published, such as Imam Muhammad ibn Ismail
al-Bukhari's book "Sahih al-Bukhari". This is a collection of hadith
which Sunni Muslims regard as the most authentic hadith compilation.
Censorship of religious literature is mandated under Article 19 of
the Religion Law. This bans the "manufacture, storage and distribution
of printed items, films, photographs, audio and video recordings and
other materials containing ideas of religious extremism, separatism
and fundamentalism". The article also states that: "Delivery and
distribution of religious literature published abroad is done after
expert analysis of its contents is carried out in the order prescribed
by law." Publication of religious literature within Uzbekistan is
also subject to compulsory prior censorship. Under Criminal Code
Article 244-3, "illegal production, storage, import or distribution"
of religious publications is punishable for repeat offenders by terms
of up to three years in jail. Article 184-2 of the Administrative Code,
imposes fines and confiscation for a first offence.
Either the state's Religious Affairs Committee or - in provincial
areas - teachers at local university philosophy departments decide
whether religious material, including items sent by post, should be
banned. Mainstream Islamic theological works are often deemed to be
extremist. Uzbekistan's postal authorities actively collaborate in
censorship of publications sent from abroad, and have all but halted
the delivery of parcels of books sent to individuals from abroad. Such
parcels have been returned to senders in recent years with a letter
informing them that such literature is banned and telling them not to
send it in future. Religious minorities - including Christians and
Jehovah's Witnesses - are also concerned about literature held for
long periods by customs, which may also incur extremely expensive
official charges for "storage". The official system of internet
censorship also blocks access to some foreign religious websites.
In 2006, new penalties were introduced for the "illegal" production,
storage, import and distribution of religious literature. Some
Muslims stressed to Forum 18 that the changes merely provided a
"legal" basis for current practice. The state Religious Affairs
Committee told Forum 18 that "illegal" production and distribution
of religious literature are "home-produced" materials.
Frequently even legally imported materials are confiscated during
police raids. Courts often order such material - including books such
as the Bible - to be burnt, as happened to literature confiscated
from Baptists in Karshi [Qarshi] in October 2006.
Ban on religious dress
Under Article 14 of the Religion Law, wearing religious clothing is not
allowed in public places. The term "religious clothing" is not defined,
and this has caused Muslim men to fear having an obviously Muslim
appearance, such as wearing a beard and clothes that are traditional
to Muslim countries. Women who wear traditional robes covering their
heads have also been subjected to discrimination in the past, but
this ban does not appear to be currently applied rigorously. From
time to time, the authorities in the Fergana Valley have also stopped
men from wearing traditional white prayer caps entering mosques, but
this does not appear to be a current problem. The ban on appearing
in public in "religious clothing" also affects religious minorities
who wear religious clothing, such as Hare Krishna devotees.
What changes do Uzbek citizens want in religious policy?
Religious believers of various faiths have told Forum 18 that they
most want to see Uzbekistan:
- end the ban on unregistered religious activity;
- end the ban on sharing beliefs;
- end the ban on religious meetings in private homes;
- end raids on peaceful religious worship services;
- end threats, violence and torture by state officials;
- enable fair trials for alleged offences;
- end fines, harassment and persecution of people exercising their
right to freedom of thought, conscience and belief;
- free prisoners of conscience;
- end attempts to control and repress both Muslims and members of
religious minorities;
- end state encouragement of religious hatred and intolerance;
- end censorship of imported and locally-produced religious literature
and material;
- end confiscations of property from religious believers and
communities;
- end restrictions on haj pilgrims, and other religious believers
and communities being in contact with fellow-believers abroad;
- and end restrictions on children's religious education.
Uzbek citizens have told Forum 18 that these steps are essential to
ending the state's ongoing, systematic and nationwide violations of
freedom of thought, conscience and belief. (END)
For a personal commentary by a Muslim scholar, advocating
religious freedom for all faiths as the best antidote
to Islamic religious extremism in Uzbekistan, see
http://www.forum18.org/Archive.php?article_id= 338.
Full reports on freedom of thought, conscience
and belief in Uzbekistan can be found at
http://www.forum18.org/Archive.php?query=&r eligion=all&country=33.
The previous Forum 18 Uzbekistan religious freedom survey can be
found at http://www.forum18.org/Archive.php?article_id=777.
A survey of the religious freedom decline in the eastern part of
the Organisation for Security and Co-operation in Europe (OSCE)
area is at http://www.forum18.org/Archive.php?article_id=806,
and of religious intolerance in Central Asia is at
http://www.forum18.org/Archive.php?article_id=8 15.
A printer-friendly map of Uzbekistan is available at
http://www.nationalgeographic.com/xpeditions/at las/index.html?Parent=asia&Rootmap=uzbeki.