Tajikistan: Campaign Against ‘Foreign Clothing’ Violates Human Rights – OpEd

International Partnership for Human Rights (IPHR) is seriously concerned at the introduction of new strict regulations and policies banning “foreign clothing” for the stated purpose of protecting national culture in Tajikistan. IPHR appeals to the authorities of Tajikistan to repeal these restrictions on individual styles of dress, which contradict international human rights standards, including the right to freedom of expression and the freedom to practice one’s religion or beliefs.

Amendments to the 2007 Law on the Regulation of Traditions and Rites adopted on 8 May 2024 prohibit importing and selling clothes perceived to be inconsistent with national culture as well as wearing such clothes in public places (Article 18). The Code of Administrative Offences provides for fines from 8,000 up to 54,000 Somoni (approximately 680 and 4,600 Euro) for violating these provisions (article 481). The legal amendments entered into force after thepresident’s signatureon 20 June 2024.

In a further development of concern, on 26 July 2024, Tajikistan’s highest state-approved Islamic body – the Islamic Council of Ulema, issued a fatwa (a religious decree) prohibiting women from wearing black, tight-fitting and transparent clothes. The decree, which was published in theofficialpress, stated that the color black does not align with “our national and geographical characteristics.”

Moreover, in August this year, Sulaimon Davlatzoda, the head of the state Committee for Religious Affairs and the Regulation of Traditions stated during a press briefing that “a joint task force from the Culture Ministry, the Women’s Committee, and the Religious Affairs Committee is collaborating to identify which clothing best aligns with our national values and traditions.”

Already prior to the entry into force of the new legal provisions, people were reportedly targeted for wearing clothing argued to contradict national culture. According tomedia sources, on 22 May 2024, a group of women wearing hijabs were detained by law enforcement officers and representatives from the local Office of Women’s and Family Affairs in Dushanbe and taken to a local police station, where their fingerprints and mugshots were taken. They were also required to pledge not to wear “foreign” clothing again before being released later that day.

Following the parliament’s adoption of the legal amendments in May, reports and videos surfacedon social mediashowing women wearing hijabs (head scarves tied at the front, also known as “Arabic style Islamic” hijabs) being prevented from entering medical facilities in Dushanbe and warned about potential fines for wearing “incorrect” headwear. Reportedly, medical centres had received instructions from local authorities not to allow women and girls wearing hijabs to enter, and to tell them to wear the headscarf “in the Tajik way”, meaning tied at the back of the neck.

The recent developments follow earlier campaigns by the Tajikistani authorities in the past decade to promote the wearing of “national dress” and to prevent people from wearing “alien” clothing. According to civil society activists, these restrictions are particularly aimed at certain practicing Muslim women, as the authorities have prohibited, inter alia, women from wearing black clothing, which they associate with “Arab influence” (such as the black headscarf and the hijab), and consider as alien to Tajik culture and tradition.

Against this background, Tajikistani officials are attempting to convince international Islamic organisations, as well as the broader international community, that reports of rights violations related to the newly adopted legislation are based on disinformation, insisting that the amendments are necessary to safeguard Tajikistan’s national culture. On 13 August,Deputy Foreign MinisterFarrukh Sharifzoda told a press conference that “in order to preserve cultural identity and ancient civilization [the government] recommends that citizens abandon imitation, alien influences and ostentatious appearance and, if possible, wear national clothes.”Government officialsclaimthat these measures are designed to ‘harmonize cultural preservation with religious practices’, ensuring that traditional values are maintained while upholding the freedom of religious expression.

Human rights and clothing

Under international human rights law everyone has the right to freedom of expression and freedom to manifest their religion or beliefs. The way in which people choose to dress can be an important expression of their religious, cultural or personal identity or beliefs. As a general rule, the right to freedom of religion or belief and freedom of expression mean that all people should be free to choose what – and what not – to wear. The UN Human Rights Committee, in General Comment 28, stresses that regulation of clothing to be worn by women in public “may involve a violation of a number of rights guaranteed by the Covenant, such as: article 26, on non-discrimination; […] article 17, which guarantees all persons the right to privacy without arbitrary or unlawful interference; articles 18 and 19, when women are subjected to clothing requirements that are not in keeping with their religion or their right of self-expression; and, lastly, article 27, when the clothing requirements conflict with the culture to which the woman can lay a claim.”

Governments have an obligation to respect, protect and ensure every individual’s right to express their beliefs or personal convictions or identity. They must create an environment in which every person can make that choice, free of coercion. Religious, cultural or traditional arguments cannot be used in order to restrict those who wish to dress in a different way. States should additionally take measures to protect individuals from being coerced to dress in certain ways by family members, community or religious groups or leaders.

Under the International Covenant for Civil and Political Rights, limits on freedom of expression and the right to practice one’s religion or beliefs are only allowed if they meet a strict three-tier test: they must be set out in law, have a specific and legitimate purpose recognized by international law, and be clearly necessary and reasonable. Legitimate reasons might include protecting others’ rights or safeguarding public interests like safety, security, health, or morals. However, these reasons should be interpreted narrowly and not used to impose dress restrictions simply because some people find them objectionable. Any restriction must not be unfair, or undermine other human rights.

In the light of the above, we urge the Tajikistani government to:

• In accordance with their obligations under international human rights law, repeal the legal amendments imposing restrictions on individual styles of dress.
• Implement effective measures to safeguard women from violence, threats, or coercion by family members, community or religious groups, or leaders who attempt to force them to wear specific types of clothing.
• Actively promote gender equality and, in line with Article 5a of the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), take steps to change social and cultural behaviour of men and women to eliminate prejudices and practices based on the notion of gender superiority or stereotyped gender roles.