VZCZCXRO5498
RR RUEHLN RUEHVK RUEHYG
DE RUEHDBU #0796/01 1561018
ZNR UUUUU ZZH
R 051018Z JUN 07
FM AMEMBASSY DUSHANBE
TO RUEHC/SECSTATE WASHDC 0352
INFO RUCNCIS/CIS COLLECTIVE
RUEAIIA/CIA WASHDC
RUEHBUL/AMEMBASSY KABUL 2109
RUEHNE/AMEMBASSY NEW DELHI 2111
RUEHIL/AMEMBASSY ISLAMABAD 2143
RUCNDT/USMISSION USUN NEW YORK 1452
RUEHVEN/USMISSION USOSCE 1970
RUEHDBU/AMEMBASSY DUSHANBE 2065

UNCLAS SECTION 01 OF 02 DUSHANBE 000796 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KWMN KIRF TI
SUBJECT: TAJIKISTAN:  FEMALE STUDENT CHALLENGES BAN ON HIJAB IN 
UNPRECEDENTED CASE 
 
REF: DUSHANBE 622 
 
DUSHANBE 00000796  001.2 OF 002 
 
 
¶1.  SUMMARY:  In an unprecedented case, a young female 
university student, Davlatmoh Ismailova, is suing the Tajik 
Institute of Languages and the Ministry of Education for 
expelling her for wearing a hijab to school.  This is the first 
time a student has brought a case against a university and the 
Ministry of Education, and the first court case disputing the 
ban on hijabs (reftel).  On May 31, the courageous young woman 
told PolOff her story and what motivated her to take on the 
Tajik government.  END SUMMARY. 
 
¶2.  On May 2 the Sino District courthouse received Ismailova's 
case petitioning for the Institute of Languages and Ministry of 
Education to readmit her into the university with her hijab. 
However, the judicial system postponed the case and redirected 
it to the Shomansur District Court where the Ministry of 
Education is located.   On May 16, the rescheduled court date, 
Ministry of Education representatives did not show up. 
Ismailova said that the next court hearing is scheduled for the 
week of June 4.  (Note:  If the Ministry of Education does not 
appear in court, the hearing will most likely be postponed 
again. End Note.)  Ismailova initially obtained a lawyer 
recommended by the Islamic Renaissance Party, but is seeking a 
more experienced lawyer. 
 
¶3.  Davlatmoh Ismailova is a third year student at the Institute 
of Languages studying Arabic and English.  She is also taking 
correspondence courses in economics at Tajik National 
University.  In April, Ismailova along with five other female 
students of the Institute of Languages were not permitted to 
attend lectures because they were wearing hijabs, a violation of 
the Ministry of Education's unwritten ban on hijabs.  The 
students sought assistance from Muhiddin Kabiri, Chairman of the 
Islamic Renaissance Party.  Kabiri convinced the university 
rector to readmit the students.  Less than three weeks after 
returning to school, administrators convinced five of the 
students to remove their hijabs, but Ismailova refused.  School 
officials visited Ismailova's home on two occasions to speak to 
her parents about the issue. 
 
¶4.  Ismailova's parents support her stance against the ban on 
hijabs.  Ironically, her mother explained to school officials 
that when she first got married, her husband requested she wear 
a traditional Tajik headscarf, similar to a hijab.  At the time 
she replied, "I will not wear the headscarf, even if you shoot 
me."  Now her daughter faces the opposite dilemma.  She is 
convinced that even if somebody threatens to shoot Davlatmoh, 
her daughter will not remove the hijab.  Ismailova's parents are 
both retirees and she helps to support a family of nine siblings 
-- seven sisters, and two brothers.  Ismailova's family is not 
religious and her parents at first discouraged her from wearing 
the hijab, debunking the government's argument that a ban is 
necessary to counter pressure from parents forcing girls to wear 
the hijab.  Ismailova's decision is completely her own.  Most of 
her sisters do not wear hijab, but she managed to persuade two 
of her sisters to follow the Islamic tradition. 
 
¶5.  In a meeting on May 31, when PolOff asked Ismailova what she 
plans for the future if she is not permitted to continue her 
studies, Ismailova became despondent and said that she would be 
forced to quit school and remain at home, or end up working in a 
local bazaar selling wares.  She said she would take solace in 
the fact that she did not voluntarily leave and was not kicked 
out because of poor academic standing, but rather because she 
stood up for her convictions. 
 
¶6.  As a young girl, Ismailova wished to study at the Islamic 
University; however, her mother discouraged her, fearing that 
she would not be able to find gainful employment after 
graduation.  Ismailova now fears that without a university 
degree she will have to take a factory job or work in the 
markets.  She reported that factory supervisors also requested 
that women remove hijabs when working, so she will most likely 
have to work in the bazaars. 
 
¶7.  COMMENT:  This particular case exemplifies how the ban on 
hijabs not only discriminates against devout Muslims, but 
further marginalizes women in general, forcing women to choose 
between religious tradition and access to education and 
employment.  Ismailova is truly a brave individual.  Tajiks 
rarely take a stand against the government or use the courts to 
fight injustice because most doubt they will find justice in the 
corrupt judicial system. 
 
¶8.  Although the Tajik constitution in principle protects 
religious freedom and religious expression, in practice, this 
 
DUSHANBE 00000796  002.2 OF 002 
 
 
has not always been the case.  If the courts rule that the ban 
on hijabs is unconstitutional, it will represent an 
unprecedented decision against a government body and a big step 
forward for human rights and rule of law.  Unfortunately, past 
court decisions point to a trend of upholding government 
policies.  END COMMENT. 
JACOBSON