The Legislative Chamber of the Oliy Majlis of Uzbekistan has published for public discussion a draft law that plans to approve the Concept of state policy to ensure freedom of conscience of citizens and in the religious sphere.
General Provisions
The concept defines the goals, objectives, principles and priority areas of state policy in the religious sphere, as well as the embodiment of constitutional provisions on freedom of conscience and the secular nature of the state.
The document notes that it was developed taking into account the rich national-historical experience and universal human values and is aimed at ensuring a stable environment in which the multi-confessional and multi-ethnic society of Uzbekistan can develop on the basis of democracy, secularism, freedom, equality, social justice and unity.
According to the updated Constitution, Uzbekistan is a sovereign, democratic, legal, social and secular state. Article 35 of the Constitution guarantees freedom of conscience for all. Every person has the right to profess any religion or not to profess any. Forced imposition of religious views is unacceptable.
The concept states that in a secular state, religious values also occupy an important place. They are an integral part of the culture, way of life, traditions and moral standards of the people of Uzbekistan, passed down from generation to generation.
Religious faith, religious tolerance and the humanistic essence of religions are among the moral foundations of society. They contribute to strengthening the unity of the people, the formation of respect and warm-hearted relations in families, the document notes.
“Freedom of conscience as a constitutional right can be fully realized only in a secular state. A secular state creates the necessary social environment for respect, protection and harmonious development of religious values and beliefs,” the draft concept emphasizes.
The following basic concepts are used in the draft concept:
- Freedom of conscience is the constitutionally guaranteed right of citizens to profess any religion or not to profess any;
- Secularism is a system of norms and views based on freedom of conscience, free thought, universal human values, public interests and moral principles enshrined in the Constitution and laws;
- A secular state is a state in which freedom of conscience, ideological and ideological diversity are guaranteed, and state authorities are separated from religious institutions and are guided by the Constitution and laws when making decisions;
- Secular values are a set of social principles based on freedom of conscience, the rule of law, ideological diversity, interfaith tolerance and interethnic harmony;
- Public interests are the conscious needs of society aimed at ensuring equal rights, freedoms and legality for all citizens regardless of gender, race, nationality, language, religion, social origin and status.
The document also describes the background and current state of ensuring freedom of conscience in Uzbekistan.
As noted, the legal framework in this area was laid in the early 1990s with the adoption of the law on freedom of conscience and religious organizations (1991) and the Constitution (1992).
“At the same time, the intensification of illegal activities of radical, extremist and terrorist groups motivated by religious prejudices in Central Asia , including their attempts to create a clerical state, has created threats to the constitutional right of citizens to freedom of conscience,” the document emphasizes. Under these conditions, a new version of the law on freedom of conscience and religious organizations was adopted in 1998.
“The 2000s in world history were marked by a significant increase in the activity of members of international terrorist organizations. This process did not bypass Uzbekistan. Nevertheless, thanks to the consistent implementation of measures aimed at eliminating threats to freedom of conscience, a stable situation was maintained in society,” the project says.
After 2017, Uzbekistan intensified its efforts to ensure religious freedom, interfaith harmony and support for national and religious values, the document further notes.
The state actively participated in the reconstruction of historical, religious and cultural sites, many mosques and churches were built and restored, in which citizens freely perform religious rites. Religious holidays are freely held.
Conditions for pilgrimage tourism have been created . The quota for the Hajj for Uzbekistan has been increased threefold, and the restriction on performing Umrah has been completely lifted.
The state pays attention to the development of religious education. There are 4 higher Islamic educational institutions, 10 secondary specialized Islamic educational institutions (including 2 women’s madrassas), as well as Orthodox and Protestant seminaries in Uzbekistan. In 2018, the International Islamic Academy of Uzbekistan was created, combining secular and religious knowledge, the document notes.
The Council for Confessional Affairs, which includes leaders of all religious denominations in the country, began its activities.
The state pays attention to the social adaptation of people who have fallen under the influence of banned religious organizations. For the first time in history, the president has decided to pardon citizens convicted of participating in banned organizations who have repented and embarked on the path of correction. In 2019-2021, as part of the Mehr humanitarian operations, more than 530 citizens of Uzbekistan were returned from combat zones in the Middle East.
In order to study the legacy of great thinkers who contributed to the development of Islamic civilization, as well as to study the ideological foundations of religious prejudices, the Center for Islamic Civilization of Uzbekistan, as well as international research centers named after Imam Bukhari, Imam Maturidi and Imam Termizi were created.
Today, there are more than 2,300 religious organizations of 16 confessions operating in Uzbekistan , representatives of more than 130 nationalities live there, opportunities for education are provided in 7 languages, programs are broadcast in 12 languages, and newspapers and magazines are published in 14 languages, the draft concept says.
Challenges and risks
At the same time, in this area there are threats such as:
- attempts to impose religious norms in social relations regulated by laws;
- attempts to question the equality of rights between men and women;
- refusal to perform civic duties for religious reasons;
- ignoring social norms, national and universal values;
- restriction of rights to medical care, the use of scientific and cultural achievements, as well as access to goods and services;
- incomplete understanding by some civil servants of the essence of a secular state;
- dissemination of illegal ideas that threaten the development of society, unity and stability.
In addition, the globalization of the information space and the growth of youth migration limit control over factors that contribute to radicalization, the draft concept states.
“Such situations may pose a threat to the united people of Uzbekistan, the unity of society and the state, and lead to non-compliance with legislation, violation of the rights of other citizens, a negative change in attitudes towards law and order, a weakening of patriotic feelings and family conflicts,” the document notes.
The lack of clear principles of state policy in the religious sphere can lead to different interpretations and distorted interpretations of the foundations of a secular state, increased contradictions in society and ignoring scientific and technological achievements, the project emphasizes.
“In addition, ignoring scientific and technological achievements, their importance in the development of the state and society, and the inability to keep up with the times complicate the implementation of urgent tasks aimed at helping the country take a worthy place in the global competitive arena,” the document says.
Objectives, principles and mechanisms for implementing state policy
The goal of the state policy of Uzbekistan in the religious sphere is to create equal conditions for the exercise by citizens of the right to freedom of conscience, strengthen interfaith harmony, ensure religious tolerance and secularism of society.
The main objectives of state policy in the religious sphere:
- Ensuring equality of all citizens before the law regardless of gender, race, nationality, language, religion, beliefs, social origin and status. Elimination of any discrimination on these grounds;
- Strengthening the unity and tolerance of the multinational and multi-confessional people of Uzbekistan;
- Reliance on the principle of secularism in the formation of the domestic and foreign policy of the state;
- Prohibition of civil servants from giving preference to any religion or discriminating against citizens on religious grounds when performing their official duties;
- Ensuring the secular nature of public administration, civil service, armed forces, law enforcement agencies, self-government of citizens and other institutions of society;
- Supporting interreligious dialogue and preventing the violent imposition of religious beliefs;
- Combating radicalization, the spread of extremist and terrorist ideas, protecting the rights, freedoms and legitimate interests of citizens, as well as public order.
The principles of state policy in the religious sphere include legality, freedom of conscience, separation of religion from the state, equality, freedom of thought and expression (citizens have the right to freely express their views if they do not violate the rights of other people, the legitimate interests of society and the state), dialogue and mutual understanding.
According to the document, the state guarantees freedom of conscience of citizens and creates organizational and legal conditions for the legal activities of religious organizations. Coordination of interaction between state bodies and religious structures is envisaged, as well as cooperation in matters of safe conduct of pilgrimage trips and religious ceremonies.
Particular attention will be paid to the training of highly qualified specialists in the field of religious studies. In this regard, state universities will open programs for training personnel, and scientific and educational events will be held with the participation of domestic and foreign scientists.
To counter religious radicalization, measures are envisaged to combat extremism and terrorism, including through social adaptation of individuals who have been influenced by radical movements. Work will also be intensified to identify and prevent the spread of destructive ideology in the information space.
Special attention is paid to information security: measures will be taken to restrict access to Internet resources that disseminate extremist materials and those that incite national, racial, ethnic or religious hatred.
Balance between freedom of conscience and public interests
The draft concept provides key conditions for harmony between freedom of conscience and public interests. In particular, it is noted that every citizen has the right to profess any religion or not to adhere to any, provided that this does not violate the rights and freedoms of other people, as well as public order.
Religious views may be expressed in both the private and public spheres, including within registered religious organizations and places of worship.
At the same time, it is noted that the use of religion for political purposes, including the creation of parties or movements on a religious basis, as well as the dissemination of religious dogmas in violation of the law, is unacceptable.
Directions for the development of a secular state
The priority areas of development of a secular state are defined as the spheres of public administration, regulation of the economy, education, medicine and culture, as well as in the sphere of the institution of marriage and public morality and ethics.
Secularism in public administration implies the adoption and implementation of management decisions based on the Constitution and laws, taking into account national and universal values, cultural heritage, public interests and scientifically based approaches.
This means preventing the influence of religious beliefs of employees of government agencies, the armed forces and law enforcement agencies on their professional activities and the performance of their functional duties, ensuring the independence of the judiciary from national, racial, political or religious influence, etc.
Secularism in economic regulation means that public policy and economic relations should be based on empirical data, rational analysis, objective observations and recognized economic laws.
The secular approach to education assumes that the learning process, its organization and provision of educational services are based on scientific knowledge and logical thinking, free from religious dogmas and beliefs. It is aimed at developing in students respect for the diversity of views, national and universal values, as well as their contribution to social development.
This implies the prevention of restrictions on obtaining compulsory education on any grounds, the development of the scientific and intellectual potential of young people, respect for national values and social moral norms, the preservation of religious neutrality in the education system, the prevention of forced imposition of religious views, and so on.
Secularism in the field of medicine consists of organizing the healthcare system, providing medical services and forming a medical culture based on scientific research, evidence-based medicine, medical ethics and the priority of citizens’ rights to health protection.
This involves the use in medical practice of only clinically and scientifically proven methods of treatment, the prevention of obstacles to medical intervention based on religious beliefs, and the formation among citizens of an understanding that unscientific methods of treatment cannot replace modern medical technologies.
The secular approach in the sphere of culture consists of developing society in accordance with the principles of humanism, respect for the natural environment, national and universal cultural heritage. This is manifested in the support of traditions, literary and musical art, choreography, theater, cinema and other forms of artistic creativity.
Secularism in the regulation of marital relations means legal regulation of marriage based on civil and family legislation. This refers to mandatory state registration of marriage before religious ceremonies, strict adherence to the principle of voluntary consent to marriage, a ban on polygamy and polygamous marriages, and support for traditional marital relations in accordance with national values and legislation.
The secular approach to the formation of social norms of morality and behavior is that each person, regardless of their personal beliefs, behaves reasonably in relations with other people and society, respects their rights and freedoms, including the right to freedom of conscience. The basis of this approach is the ideas of humanism, national and universal values.
Expectations from the implementation of the concept
As a result of the implementation of the tasks provided for in the concept, the following results are expected to be achieved:
- Creation of conditions for the implementation of the right of citizens to freedom of religion or renunciation of it, guaranteed by the Constitution;
- Strengthening the rule of law in society, increasing the effectiveness of the protection of constitutional rights and freedoms of citizens;
- Ensuring social cohesion, unity and preventing possible conflicts through preventive measures;
- Improving legislation regulating issues of secularism, eliminating legal gaps and contradictions;
- Minimization of factors that hinder the implementation of the principles of a secular state;
- Ensuring freedom of religion in a secular state;
- Development of the organizational and legal foundations of the model of interaction between the state and religious confessions based on the principles of religious tolerance and interfaith harmony;
- Improving the system of training specialists in the field of religion and religious studies, taking into account the improvement of their qualifications, etc.
The organization of the implementation of the goals and objectives of the concept is assigned to the government of Uzbekistan, state bodies at all levels, organizations, institutions and local authorities. Public organizations, NGOs, religious associations, the media, research institutions and citizens will be involved in its implementation.
To monitor the implementation of the main objectives of the concept, a parliamentary commission will be created by decision of the chambers of the Oliy Majlis of Uzbekistan.
