VZCZCXRO0668
OO RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHC #9413/01 2991627
ZNR UUUUU ZZH
O R 261611Z OCT 07
FM SECSTATE WASHDC
TO RUEHDBU/AMEMBASSY DUSHANBE IMMEDIATE 6651
INFO CIS COLLECTIVE
RUEAIIA/CIA WASHINGTON DC 5201
RUEKJCS/SECDEF WASHINGTON DC
RUEHVEN/USMISSION USOSCE 5084
RHEHNSC/NSC WASHINGTON DC 8988

UNCLAS SECTION 01 OF 02 STATE 149413 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM EAID KIRF TI
SUBJECT: TAJIKISTAN: DEMARCHE ON REGISTRATION OF THE 
NATIONAL DEMOCRATIC INSTITUTE AND THE BANNING OF JEHOVAH'S 
WITNESSES 
 
 
 ¶1.  (SBU) This is an action message.  Please see para 2. 
 
¶2.  (SBU) Post is instructed to deliver the demarches in 
paras three and four to the appropriate presidential or 
government official to strongly voice U.S. concern about the 
ongoing failure to register the National Democratic Institute 
and the recent banning of the religious organization 
Jehovah's Witnesses.  A copy of the points may be left as a 
non-paper. 
 
¶3.  (SBU) Begin text on the failure to register the National 
Democratic Institute for International Affairs: 
 
The Government of Tajikistan has committed itself to the rule 
of law and democratic reform, as well as the advancement of 
internationally recognized human rights.  The Government also 
has committed to make its institutions and decision-making 
processes more open, transparent and rule-based.  We commend 
Tajikistan for its expressed commitment to these principles. 
As we have frequently noted, however, their implementation is 
fundamental to the long-term effectiveness of state 
institutions. 
 
The United States has supported the government of Tajikistan 
in its efforts to build stronger democratic institutions. 
Independent non-governmental organizations, including the 
National Democratic Institute, have a long and successful 
track record of assistance. 
 
The Institute is a well-known and internationally respected 
organization.  It works in many countries, including 
Uzbekistan and Kyrgyzstan, and we laud its work in Tajikistan 
as well. 
 
We express strong concern about the government of 
Tajikistan's treatment of the Institute and its staff.  For 
several months the organization has been unable to register, 
as required by Tajikistani law, or to obtain a long-term visa 
for its American citizen director, Mr. Harry Bader.  The 
Government's decision to deny Mr. Bader a long-term visa 
appears to constitute a de facto denial of the registration 
of the National Democratic Institute. 
 
Continued uncertainty over its legal status undermines the 
Institute's ability to assist with Tajikistan's stated 
political reform goals and negatively affects perceptions of 
Tajikistan's commitment to foster democratic practices. 
 
We have been informed that since June 2007, Mr. Bader has 
been unable to clarify the legal requirements for registering 
the National Democratic Institute in Tajikistan.  Despite 
good faith attempts to comply with Tajikistani law, most 
recently he has been granted only a short-term (one-month) 
visa.  Government officials cite two different laws which 
regulate the National Democratic Institute's status in 
Tajikistan, but he has not been told conclusively which law 
applies and what specific documents he must submit to 
complete the registration process. 
 
We renew our request that the government of Tajikistan 
provide Mr. Bader and the American Embassy the specific law 
which applies to the National Democratic Institute's 
registration in Tajikistan, register the organization, and 
issue Mr. Bader a long-term visa that will allow him to 
complete the registration process. 
 
End text on the National Democratic Institute. 
 
 
¶4.  (SBU) Begin text on the recent banning of Jehovah's 
Witnesses: 
 
The government of Tajikistan has expressed support for the 
rule of law and promotion of internationally recognized human 
rights.  Tajikistan's Constitution guarantees religious 
freedom.  The government is a party to the UN International 
Covenant on Civil and Political Rights, acceded to the First 
Protocol to the Convention respecting religious freedom, and 
is politically obligated to uphold the commitments on 
religious freedom from the Organization for Security and 
Cooperation in Europe, of which Tajikistan is a participating 
 
STATE 00149413  002 OF 002 
 
 
In this light, we express concern that the recent decision to 
legally ban the activities of the Jehovah's Witnesses 
undermines Tajikistan's efforts to protect human rights, 
specifically religious freedom. 
 
Jehovah's Witnesses have been lawfully registered in 
Tajikistan since 1994.  Until recently, despite closely 
monitoring the activities of the organization, government 
officials have not found that the organization operated in a 
manner that violated Tajikistani law.  The Commission's 
decision does not cite any specific conduct that may have led 
to the finding that the Jehovah's Witnesses have violated the 
Constitution, the Law on Religion and Religious 
Organizations, or the Law on Authorizing Certain Types of 
Activity. 
 
We have been informed that on October 11 the government of 
Tajikistan banned the Jehovah's Witnesses from any activities 
in Tajikistan.  The Ministry of Culture's Council Commission 
reportedly found that Jehovah's Witnesses violated 
Tajikistani law, citing instances in 2000 and 2002.  We 
understand the Committee made this decision without 
conducting a formal hearing with representatives of the 
Jehovah's Witnesses organization. 
 
It appears the Commission side-stepped basic elements of 
legal due process, including by denying a fair hearing.  We 
understand that the Commission did not inform the 
organization that it was convening to make such a 
determination; the Commission also did not provide the 
organization an opportunity to present a defense. 
 
The Jehovah's Witnesses intend to appeal the ban.  We request 
the Government of Tajikistan ensure consideration of the 
appeal is conducted through a fair and transparent process in 
accordance with Tajikistani law and customary principles of 
due process. 
 
The United States is concerned that the ban on activities of 
the Jehovah's Witnesses reflects a growing trend of 
government restrictions on religious practice, including 
mosque closures, a ban on wearing hijabs in educational 
institutions, and other restrictions on youth and women to 
discourage them from practicing their religion.  We are 
concerned that the draft Law on Freedom of Conscience and 
Religious Organizations currently under consideration by the 
parliament may further restrict freedom of religion. 
 
We request a meeting with Minister of Culture Asrori and his 
Deputy Davlatov to discuss this and other issues that affect 
religious organizations. 
 
End text on Jehovah's Witnesses. 
RICE