Legal Framework

The constitution guarantees freedom of conscience and religion, the right to practice or not practice a religion, individually or jointly with other persons, and the right to refuse to express one’s religious views. It bans actions inciting religious hatred.

The constitution establishes the separation of religion and state. It prohibits the establishment of religiously based political parties and the pursuit of political goals by religious groups. The constitution prohibits the establishment of any religion as a state or mandatory religion.

The law states all religions and religious groups are equal. It prohibits “insistent attempts to convert followers of one religion to another (proselytism)” and “illegal missionary activity,” defined as missionary activity of groups not registered with the SCRA. The law also prohibits the involvement of minors in organized, proselytizing religious groups, unless a parent grants written consent.

The law requires all religious groups, and religiously affiliated schools, to register with the SCRA, which is responsible for overseeing the implementation of the law’s provisions on religion. The law prohibits activity by unregistered religious groups. Groups applying for registration must submit an application form, organizational charter, minutes of the organizing meeting, and a list of founding members. Each congregation of a religious group must register separately and must have at least 200 resident founding citizens. Foreign religious organizations are required to renew their registrations with the SCRA annually.

The SCRA is legally authorized to deny the registration of a religious group if it does not comply with the law or is considered a threat to national security, social stability, interethnic and interdenominational harmony, public order, health, or morality. The SCRA may also deny or postpone the certification of a particular religious group if it deems the proposed activities of the group are not religious in character. Denied applicants may reapply at any time or may appeal to the courts. The law prohibits unregistered religious groups from actions such as renting space and holding religious services. Violations may result in an administrative fine of 500 soms ($7).

After the SCRA has approved a group’s registration as a religious entity, the group must register with the Ministry of Justice (MOJ) to obtain status as a legal entity so it may own property, open bank accounts, and otherwise engage in contractual activities. The organization must submit an application to the MOJ that includes a group charter with an administrative structure and a list of board and founding members. If a religious group engages in a commercial activity, it is required to pay taxes. By law, religious groups are designated as nonprofit organizations exempt from taxes on their religious activities.

The law gives the SCRA authority to ban a religious group as long as the SCRA delivers written notice to the group stating the group does not comply with the law. The group may appeal the decision in the courts.

The constitution prohibits religious groups from “involvement in organizational activities aimed at inciting ethnic, racial, or religious hatred.” A conviction for inciting ethnic, racial, or religious hatred may lead to a prison term of three to eight years, while a conviction for creating an organization aimed at inciting ethnic, racial, or religious hatred may lead to a term of five to 10 years. Conviction for murder committed on the grounds of religious hatred is punishable by life imprisonment.

The law mandates separate prison facilities for prisoners convicted of terrorism and extremism, and it strips the citizenship of any Kyrgyz national convicted of those offenses. The law defines “extremist activity” as including the violent overthrow of the constitutional order; undermining the security of the country; violence or inciting violence on racial, national, or religious grounds; propagating the symbols or paraphernalia of an extremist organization; carrying out mass riots or vandalism based on ideological, political, racial, national, or religious hatred or enmity; and hate speech or hostility toward any social group.

According to the law, only individuals representing registered religious organizations may conduct missionary activity. If a foreign missionary represents an organization approved by the SCRA, the individual foreign missionary must apply for a visa with the Ministry of Foreign Affairs. Visas are valid for up to one year, and a missionary is allowed to work three consecutive years in the country. All religious foreign entities, including missionaries, must operate within these restrictions and must reregister annually. Representatives of religious groups acting inconsistently with the law may be fined or deported. Violations of the law may result in fines in the amount of 1,000 soms ($14), and deportation in the case of foreign missionaries.

The law provides for the right of religious groups to produce, import, export, and distribute religious literature and materials in accordance with established procedures, which could include examination by state experts. The law does not require government examination of religious materials (such as literature and other printed or audio or video materials), and it does not define the criteria for religious experts. The law prohibits the distribution of religious literature and materials in public locations or in visits to individual households, schools, and other institutions. The law specifies fines based on the nature of the violations.

The law allows public secular schools an option to offer religion courses that discuss the history and character of religions, as long as the subject of such teaching is not religious doctrine and does not promote any particular religion. Private religious schools need to register with SCRA to operate as such.

According to the law, religion is grounds for conscientious objection to and exemption from military service. Conscientious objectors must pay a fee of 18,000 soms ($260) to opt out of military service. Draft-eligible males must pay the fee before turning 27 years of age. Failure to pay by the age limit requires the person to perform 240 hours of community service or pay a fine of up to 20,000 soms ($290). Draft-eligible men who evade military service and do not fall under an exemption are subject to a fine or imprisonment of up to two years. There is no option to perform alternative service; community service is imposed only in cases of a conscientious objector failing to pay the 18,000 soms ($260) fee.

The country is a party to the International Covenant on Civil and Political Rights.

Legal Framework

The constitution declares the country a secular state and religious associations shall be separate from the state and “shall not interfere in state affairs.” According to the constitution, everyone has the right individually or jointly to adhere to any religion or no religion, and to take part in religious customs and ceremonies.

The law prohibits provoking religiously-based hatred, enmity, or conflict, as well as humiliating and harming the religious sentiments of other citizens.

The law defines extremism as the activities of individuals and organizations aimed at destabilization, subverting the constitutional order, or seizing power. This definition includes inciting religious hatred.

The law recognizes the “special status” of Sunni Islam’s Hanafi school of jurisprudence with respect to the country’s culture and spiritual life.

The law defines any group of persons who join together for religious purposes as a religious association. Associations formed for the aim of “conducting joint religious worship” are subdivided into religious organizations and religious communities. In order to operate legally, religious associations and organizations are required to register with the government, a process overseen by the CRA.

In order to register a religious organization, a group of at least 10 persons over the age of 18 must first obtain a certificate from local authorities confirming adherents of their religious faith have lived in the local area for at least five years. The group must then submit to the CRA proof of the citizenship of its founders, along with the home address and date of birth of each. The group must also provide an account of its beliefs and religious practices and describe its attitudes related to education, family, and marriage, and provide documentation on the health of its adherents. As part of its submission, a religious group must list its “national religious centers, central cathedral mosques (facilities built for Friday prayers), central jamoatkhona (prayer places), religious educational institutions, churches, synagogues, and other forms not contradicting the law.” The group must specify in its charter the activities it plans to undertake, and once registered as a religious organization, must report annually on its activities or face deregistration.

Religious communities include cathedral mosques and mosques where prayers are recited five times per day. These communities are required to register both locally and nationally and must be registered “without the formation of a legal personality.” Religious communities must adhere to the “essence and limits of activity” set out in their charters.

The law provides penalties for religious associations that engage in activities contrary to the purposes and objectives set out in their charter, and assigns responsibility to the CRA for handing down fines for such offenses. The law imposes fines for violating its provisions on organizing and conducting religious activities; providing religious education without permission; performing prayers, religious rites, and ceremonies in undesignated places; and performing activities beyond the purposes and objectives defined by the charter of the religious association. For first-time offenses, individuals are subject to fines of 350 to 500 somoni ($40 to $57), heads of religious associations are fined 1,000 to 1,500 somoni ($114 to $170), and registered religious associations, as legal entities themselves, are subject to fines of 5,000 to 10,000 somoni ($570 to $1,100). For repeated offenses committed within a year of the first offense, fines are increased to 600 to 1,000 somoni ($69 to $114) for individuals, 2,000 to 2,500 somoni ($230 to $290) for heads of religious associations, and 15,000 to 20,000 somoni ($1,700 to $2,300) for the registered religious associations. If a religious association conducts activities without obtaining registration or reregistration, local authorities may force a place of worship to close in addition to .levying fines.

The CRA is the government body primarily responsible for overseeing and implementing all provisions of the law pertaining to religion. The Center for Islamic Studies, under the president’s executive office, helps formulate the government’s policy toward religion.

The law restricts Islamic prayer to four locations: mosques, cemeteries, homes, and shrines. The law regulates the registration, size, and location of mosques, limiting the number of mosques which may be registered within a given population area. “Friday” mosques, which conduct larger Friday prayers as well as prayers five times per day, are allowed in districts with populations of 10,000 to 20,000 persons; “five-time” mosques, which conduct only daily prayers five times per day, are allowed in areas with populations of 100 to 10,000. In Dushanbe Friday mosques are allowed in areas with 30,000 to 50,000 persons, and five-time mosques are allowed in areas with populations of 1,000 to 5,000. The law allows one “central Friday mosque” per district or city, and makes other mosques subordinate to it.

Mosques function on the basis of their self-designed charters in buildings constructed by government-approved religious organizations or by individual citizens, or with the assistance of the general population. The law states the selection of imam-khatibs (government-sanctioned prayer leaders) and imams shall take place in coordination with “the appropriate state body in charge of religious affairs” (i.e., the CRA must approve the imam-khatibs and imams elected by the founders of each mosque). The CRA regulates and formulates the content of Friday sermons.

The law regulates private celebrations, including weddings, funeral services, and celebration of the Prophet Muhammad’s birthday. The law limits the number of guests and controls ceremonial gift presentations and other rituals. The law states mass worship, religious traditions, and ceremonies shall be carried out according to the procedures for holding meetings, rallies, demonstrations, and peaceful processions prescribed elsewhere in the law. An August amendment to the law bans the traditional sacrifice of animals at ceremonies marking the seventh and fortieth day after a death and celebrating the return of Hajj travelers.

On August 23, parliament added an amendment to the law on the regulation of traditions, celebrations, and ceremonies that states, “Individuals and legal entities are obliged to protect the values of the national culture, including the state language, and national dress.” According to customary interpretation, “national dress” does not include the wearing of the hijab. The chairman of the Committee on Women and Family Affairs said in an interview there is no penalty for violation of this amendment, but also stated that a set of regulations would be introduced. The Code of Administrative Violations does not list wearing a beard or the hijab or other religious clothing as violations.

The law allows registered religious organizations to produce, export, import, and distribute an unspecified quantity of religious literature with the advance consent of appropriate state authorities. Only registered religious associations and organizations are entitled to establish enterprises to produce literature and material with religious content. Such literature and material must indicate the full name of the religious organization producing it. The law allows government authorities to levy fines for the production, export, import, sale, or distribution of religious literature without permission from the CRA. According to the law, violators are subject to fines of up to 3,500 somoni ($400) for individuals; 7,500 somoni ($860) for government officials (who distribute or produce literature without permission); and 15,000 somoni ($1,700) for legal entities, a category including organizations of any kind as well as registered religious associations, with confiscation of the religious literature that is the subject of the administrative offense.

The law prohibits children under 18 from participating in “public religious activities,” including attending worship services at public places of worship. Children are allowed to attend religious funerals and to practice religion at home, under parental guidance. The law allows children to participate in religious activities as part of specific educational programs at authorized religious institutions.

The law requires all institutions or groups wishing to provide religious instruction to obtain permission from the CRA. Central district mosques may operate madrassahs, which are open only to high school graduates. Other mosques, if registered with the government, may provide part-time religious instruction for younger students.

With written parental consent, the law allows minors between the ages of seven and 18 to obtain religious instruction provided by a registered religious organization outside of mandatory school hours. According to the law, this may not duplicate religious instruction already part of the school curriculum. The CRA is responsible for monitoring mosques throughout the country to ensure implementation of these provisions.

According to the CRA, parents may teach religion to their children at home provided the child expresses a desire to learn. The law forbids religious instruction at home to individuals outside the immediate family. The law restricts sending citizens abroad for religious education and establishing ties with religious organizations abroad without CRA consent. To be eligible to study religion abroad, students must complete a higher education degree domestically and be enrolled at a university accredited in the country in which it operates. The law provides for fines of 2,500 to 5,000 somoni ($290 to $570) for violating these restrictions.

In December the parliament amended the law on freedom and conscience and religious associations to ban the creation of political parties based on religion. According to the newly amended law, only state educational institutions may provide religious education. The constitution prohibits political parties of “a religious nature” as well as “propaganda and agitation” encouraging religious enmity.

The country is a party to the International Covenant on Civil and Political Rights.

Legal Framework

The constitution provides for the freedom of religion or belief, including freedom of not professing any religion, but also contains limitations. Constitutional rights may not encroach on lawful interests, rights, and freedoms of other citizens, the state, or society. The law allows for restricting religious activities when necessary to maintain national security, the social order, or morality. The constitution establishes a secular framework providing for noninterference by the state in the affairs of religious communities, separates the state and religion from each other, and prohibits political parties based on religious principles.

The law criminalizes unregistered religious activity; requires official approval of the content, production, and distribution of religious publications; and prohibits proselytism and other missionary activities.

The administrative and criminal codes specify sanctions for violations of the law and other statutes on religious activities. The administrative code punishes illegal production, storage, or importation of religious materials. It criminalizes unapproved religious meetings, street processions, or other religious ceremonies and punishes private entities for leasing premises or other property to, or facilitating gatherings, meetings, and street demonstrations of, religious groups without state permission. It punishes unauthorized religious activity, failure to properly register a religious organization under the law, and facilitating children’s and youth meetings, as well as vocational, literature, and other study groups related to worship. The penalty for violating these provisions ranges from fines of 50 to 100 times the minimum monthly wage (172,240 som) ($21) or up to 15 days imprisonment, while the other violations of the law described carry fines only.

The criminal code distinguishes between “illegal” groups, which are those not registered properly, and “prohibited” groups viewed as “extremist.” It criminalizes membership in organizations banned as terrorist groups. It is a criminal offense, punishable by up to five years in prison or a fine of four million to eight million som ($500 to $1,000), to organize or participate in an illegal religious group. The law also specifically prohibits persuading others to join illegal religious groups with penalties of up to three years in prison. The criminal code provides penalties of up to 20 years in prison for organizing or participating in the activities of religious extremist, fundamentalist, separatist, or other prohibited groups. Aside from joining an extremist group, charges of religious extremism may include the offenses of attempting to overthrow the constitutional order and terrorism.

The criminal code punishes proselytism – the attempt to convert persons belonging to a certain religion to another religion – with up to three years in prison, proscribes efforts to draw minors into religious organizations without parental permission, and prohibits all individuals except clergy and individuals serving in leadership positions of officially recognized religious organizations from wearing religious attire in public places. Any religious service conducted by an unregistered religious organization is illegal.

The law requires all religious groups to register with the Ministry of Justice (MOJ). Among the requirements, the law states each group must present a membership list of at least 100 citizens ages 18 years or older belonging to the group and a charter with a legal, physical address to the local branch of the Ministry of Justice (MOJ). The law states a religious organization may carry out its activities only after the MOJ registers it. Religious educational establishments acquire the right to operate after registering with the MOJ and receiving the appropriate license. Individuals 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 government. These provisions make it illegal to practice any form of religion or belief with others without first obtaining registration as a juridical entity.

The law imposes registration requirements, such as a permanent presence in eight of the country’s 14 administrative units for central registration and the application by 100 members for registration in a specific locality. The applicants also require the concurrence of the Committee on Religious Affairs (CRA, which reports to the Cabinet of Ministers) and the mahalla (neighborhood) committee. The government says it does not review mahalla decisions and activities, but reports continue to state there is ongoing coordination.

The law also requires notarized documents stating the leading founding members have the religious education necessary to preach their faith, the group’s sources of income, and CRA concurrence to registration. The law requires local governments to concur in registration of groups in their areas and that the group presents a “guarantee letter” from local government authorities stating the legal and postal addresses of the organization conform to all legal requirements (including statements from the main architectural division, sanitary-epidemiological services, fire services, and locally selected neighborhood committees). By law, the MOJ may take one to three months to review a registration application. The MOJ may approve or deny the registration, or cease review without the issuance of a decision. Registered religious groups may expand throughout the country and have appropriate buildings, organize religious teaching, and possess religious literature.

The law limits the operations of a registered group to those areas where it is registered. The law grants only registered religious groups the right to establish schools and train clergy.

The CRA oversees registered religious activity. The Council for Confessions, under the CRA, includes ex-officio representatives from Muslim, Christian, and Jewish groups, and discusses ways of ensuring compliance with the law, the rights and responsibilities of religious organizations and believers, and other issues related to religion.

Under the law, state bodies, including neighborhood committees and nonstate and noncommercial public organizations, have wide-ranging powers to combat suspected “antisocial activity” in cooperation with police. These powers include preventing the activity of unregistered religious organizations, ensuring observance of rights of citizens to religious freedoms, prohibiting propagation of religious views, and considering other questions related to observance of the law.

The law requires religious groups to obtain a license to publish or distribute materials. The CRA reviews all materials produced and must approve them before distribution. Materials include books, magazines, newspapers, brochures, leaflets, audiovisual items including CDs and DVDs, and materials posted to the internet describing the origins, history, ideology, teachings, commentaries, and rituals of various religions of the world. The state forbids banned “extremist religious groups” from distributing any type of publications. Individuals who distribute leaflets or literature deemed extremist via social networks have been subject to criminal prosecution and have faced jail terms ranging from five to 20 years. In the summer, government religious authorities expanded the list of religious literature clerics could use in services. To receive a Bible, a “Bible application” must be completed and is subject to government clearance before an authorized version of the bible may be purchased.

According to the law, individuals in possession of literature by authors the government deems to be extremist, or of any literature illegally imported or produced, are subject to arrest and prosecution. The administrative code punishes “illegal production, storage, import, or distribution of materials of religious content” with a fine of 20 to 100 times the minimum monthly wage of 130,240 som ($16) for individuals. The fine for government officials committing the same offense is 50 to 150 times the minimum monthly wage. The administrative code permits the confiscation of the materials and the “corresponding means of producing and distributing them.” The criminal code imposes a fine of 100 to 200 times the minimum monthly wage or corrective labor of up to three years for these offenses for acts committed subsequent to a judgment rendered under the administrative code. In practice, criminal code violations for literature are rarely applied, if ever. Courts issue fines under the administrative code. In instances where an individual is unable to pay the fine, courts will issue an order garnishing wages.

The law permits only religious groups with a registered central administrative body to train religious personnel and conduct religious instruction. Nine madrassahs, including one for women, and an Orthodox and a Protestant seminary are officially approved to train religious personnel and provide secondary education. The government-sponsored Muslim Board of Uzbekistan plans to open a half-dozen religious education schools in 2018. The Cabinet of Ministers considers madrassah-granted diplomas equivalent to other diplomas, enabling madrassah graduates to continue to university-level education. In addition, the Tashkent Islamic Institute and the Tashkent Islamic University provide higher education religion programs. The law does not permit private religious instruction absent state approval and imposes fines for violations. The law limits religious instruction to officially sanctioned religious schools and state-approved instructors. The law prohibits the teaching of religious subjects in public schools.

The law requires imams to have graduated from a recognized religious education facility and register for a license with the government. The Muslim Board of Uzbekistan assigns a graduate to a particular mosque as a deputy imam before he can become an imam later.

The law allows those who object to military service based on their religious beliefs to perform alternative civilian service. The law restricts the activities of faith-based NGOs, which is how the government classifies religious congregations. It prohibits religious activities outside of formal worship, as well as religious activities intended for children under 16 years old without parental permission.

The country is a party to the International Covenant on Civil and Political Rights.