VZCZCXRO2478
PP RUEHLN RUEHVK RUEHYG
DE RUEHDBU #1600/01 3130733
ZNR UUUUU ZZH
P 090733Z NOV 07
FM AMEMBASSY DUSHANBE
TO RUEHC/SECSTATE WASHDC PRIORITY 1295
INFO RUCNCIS/CIS COLLECTIVE
RUEHBUL/AMEMBASSY KABUL PRIORITY 2317
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 2291
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 2237
RUEAIIA/CIA WASHDC
RUEKJCS/SECDEF WASHINGTON DC
RUEHVEN/USMISSION USOSCE PRIORITY 2047
RUEHDBU/AMEMBASSY DUSHANBE 3204

UNCLAS SECTION 01 OF 02 DUSHANBE 001600 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR SCA/CEN 
 
E.O. 12958: N/A 
TAGS: PREL PHUM PGOV TI
SUBJECT: TAJIK DRAFT LAW ON RELIGION SEES THE LIGHT OF DAY 
 
DUSHANBE 00001600  001.2 OF 002 
 
 
¶1. (SBU) Summary: PolOff attended a November 7 OSCE-initiated 
forum on the draft Law on Religion.  While government officials 
emphasized the necessity of such a law and the "transparency" of 
the drafting process, religious groups and non-governmental 
organizations expressed deep concerns about the draft on 
numerous fronts.  This discussion may lead to government 
cooperation with concerned parties to address the problematic 
aspects of the law.  End summary. 
 
 
 
¶2. (SBU) Government officials had been evasive about discussing 
the draft Law on Religion.  Interested organizations had been 
unable to obtain an official version of the bill, which was 
rumored to be sent to Parliament for approval before the end of 
the year.  Because of this lack of transparency, OSCE Head of 
Mission Pryakhin requested that the government provide an 
official version of the draft Law on Religion, and he requested 
that the Social Partnership Club devote a session to discussing 
the draft.  The Social Partnership Club is a forum for 
government officials, parliamentarians, non-governmental 
organizations, and international organizations to discuss 
important social issues.  OSCE helped establish the forum and is 
the lead international organization, keeping it alive since the 
departure of the UNTOP mission.  Government officials granted 
Ambassador Pryakhin's requests.  PolOff attended the 7 November 
meeting, which was covered by radio and television journalists. 
 
 
 
The Government Position 
 
==================== 
 
 
 
¶3. (U) Saidmurod Fattoev, the State Advisor on Political and 
Social Issues, opened the forum.  He indicated that the intent 
of the law was to "enable protection of religious freedom," 
emphasizing those parts of the law that allowed for religious 
expression.  He commented that the government is "meeting the 
demands of people in society," pointing as evidence to the 
amendments included at the suggestion of religious leaders and 
parliamentarians in successive drafts of the law since 2005. 
 
 
 
¶4. (U) Idibek Ziyoev, the Deputy Minister of Culture, admitted 
that the current Law on Religion does not meet international 
standards.  He emphasized that the new draft law reflects the 
fact that Tajikistan is a secular state, but that Islam plays an 
important role in society. 
 
 
 
The OSCE Position 
 
=============== 
 
 
 
¶5. (SBU) Obtaining an official version of the draft law has 
enabled OSCE to formulate a strategy for addressing the law head 
on.  During the meeting, Ambassador Pryakhin outlined specific 
concerns OSCE has with the law, including discriminatory 
language and inconsistency with international standards and 
agreements.  Ambassador Pryakhin called on officials to make an 
official request that the OSCE's Office for Democratic 
Institutions and Human Rights (ODIHR) review the draft law and 
work with government officials to improve the draft. 
 
 
 
¶6. (SBU) In a separate meeting, Ambassador Pryakhin indicated 
that the Minister of Culture has agreed to officially request an 
ODIHR review.  The OSCE has already shared its analysis "through 
working channels," according to Pryakhin, but cannot do so 
officially or publicly absent an official request. 
 
 
 
What Do the People Say? 
 
==================== 
 
DUSHANBE 00001600  002.2 OF 002 
 
 
 
 
 
¶7. (U) Representatives of non-governmental organizations and 
religious groups criticized the draft law.  Many pointed out 
that the Tajik and Russian versions differed in key areas, and 
asked which was the more correct version.  Others pointed out 
the numerous provisions that contradict the Tajik constitution, 
and argued that the draft law has so many vague provisions that 
it is highly vulnerable to abuse.  Representatives of religious 
minorities pointed out discriminatory provisions in the draft, 
and one speaker called the draft a "return to Stalinism." 
 
 
 
¶8. (U) Muhiddin Kabiri, Chairman of the Islamic Renaissance 
Party, and a parliamentary deputy, protested the prohibition on 
political parties having religious bases.  Others at the meeting 
echoed this concern. 
 
 
 
¶9. (U) The consensus of those present was that the draft law has 
numerous shortcomings, and that it is not ready for submission 
to Parliament.  The Executive Secretary of the Social 
Partnership Club suggested that all those present submit their 
concerns about the draft in writing. 
 
 
 
Comment - Just the Beginning of Discussion, More Needed 
 
============================================= 
 
 
 
¶10. (SBU) Comment: Prior to this conference, the draft law 
appeared to have been on a fast track for parliamentary approval 
without public review.  Obtaining an official copy of the draft 
law is an important accomplishment that will allow OSCE and 
other interested parties to address their concerns more 
forcefully with the government.  We do not know if government 
officials will significantly overhaul the law, but are hopeful 
that the opening of a public discussion on this matter will slow 
down the legislative process.  OSCE is also planning a 
roundtable on the draft November 21. 
 
 
 
¶11. (SBU) Comment Continues: OSCE's leadership in this matter, 
through the Social Partnership Club it supports, shows the vital 
role the organization plays in fostering dialogue between 
parties that otherwise could not effectively communicate and 
manage their conflicts.  Since the United Nations Office of 
Tajikistan Peace Building (UNTOP) has ceased its operations, the 
OSCE is the only multilateral organization here which can 
conduct political dialogue programs, helping prevent Tajikistan 
from descending back into turmoil.  Embassy urges the State 
Department to support, to the extent possible, OSCE's budget 
request for 2008, which includes a substantial increase in 
political security and dialogue programs.  End Comment. 
JACOBSON