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The State Commission on Religious Affairs of Kyrgyzstan has proposed several important initiatives to regulate religious activity in the country and in particular, a ban on face coverings that hinder citizen identification in state institutions and public places. The ban will not apply to protective masks, and a draft decree, carrying a proposed fine equivalent to 235 USD for violation of the law, has now been submitted for public discussion. In addition, the State Committee of Religion also proposes banning the distribution of religious literature and other materials in public places, residential premises, state and municipal institutions, and educational organizations. Recommendations have also been mooted to prohibit religious figures from foreign organizations from conducting ceremonies and events in nursing homes, correctional institutions, and military units without prior approval of the authorized body. A further proposal is the implementation of a ban on religious organizations' interference in the activities of public authorities and local self-government bodies, and on financing political parties by subjects of spiritual activity. Administrative liability is envisaged for violation of these prohibitions, the aim of which is to strengthen state control, and prevent abuse, of religious activity. Laws prohibiting face coverings are already in place in several countries. France and Belgium for example, have strict bans on burkas and niqabs in public places, and in Sri Lanka, similar measures have been introduced to combat religious extremism. In the Republic of Congo and Chad, such laws were imposed to improve security despite the low Muslim population. Post-Soviet countries have adopted similar laws but on a limited scale. Azerbaijan restricts religious dress in public institutions, whilst motivated by concern for national identity and the secular nature of the state, Tajikistan has imposed a law banning the hijab in public institutions and schools since 2017.
The authorities in Kyrgyzstan have moved to introduce stricter control of the religious sphere in the predominantly Muslim nation. The State Commission on Religious Affairs has submitted draft amendments to the laws regulating religion for public discussion. The Commission proposes banning the creation of political parties on a religious basis, and the participation of political organizations in spiritual activities. It also proposes banning the financing of political parties by religious activity and organizations. The proposed amendments prohibit deputies of the Jogorku Kenesh (national parliament) and local Keneshes (councils) from combining their parliamentary work with religious activities. They also ban religious figures from being elected as deputies of local Keneshes, and propose that the dissemination of religious information be prohibited in electoral campaigning. The amendments broach introducing a fine for wearing clothing that does not allow a person’s identification in government offices and public places, such as a niqab. The exceptions are clothing required for work, and clothing that covers the face for medical reasons. Authorities in neighboring Kazakhstan are also trying to restrict the wearing of religious clothing - hijabs (headscarves) and niqabs - in public places. Kazakhstan's parliament will consider a bill on the issue during the fall session. In the fall of 2023, President Shavkat Mirziyoyev of Uzbekistan signed a law prohibiting the wearing of the niqab in public places. In Tajikistan, authorities have encouraged wearing national dress and prohibited women from wearing black clothing and hijabs, considering them "alien" to Tajik culture and traditions. Earlier this year, the Tajik parliament passed a law regulating traditions and rites, banning the wearing of clothing considered to be "foreign to Tajik culture."
The International Partnership for Human Rights (IPHR) has called on the Tajik authorities to repeal recent amendments to the law imposing restrictions on “foreign” clothing. According to activists, such restrictions violate international human rights, particularly the right to freedom of expression and freedom of religion. In a statement issued on August 19, IPHR emphasized that since clothing is an important element of personal identity as well as religious and cultural beliefs, states have an obligation to protect people's right to choose what they wear. According to amendments to the law “On the Ordering of Traditions, Celebrations and Rites”, enforced in June this year, Tajikistan prohibits “importing, propagandizing and selling clothes that do not correspond to the national culture.” Although a precise definition of such has yet to be provided, there has been a clear focus by authorities on “Islamic” clothing, and in particular, the issue of a fatwa by Tajikistan's Ulema Council urging women to avoid wearing “tight, black or see-through clothing.” Violations of the law are punishable by heavy fines or imprisonment for up to three years. IPHR continues to stress that restrictions based on religious, cultural, or traditional values cannot justify the violation of human rights The amendments were earlier condemned by The League of Muslim Scholars and other international organizations, and the Taliban even declared “jihad” against Tajikistan. In response to international criticism, Tajik authorities reiterated that the new law aims to protect national values and prevent extremism.
