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F18News: Kazakhstan - Alarm at state-backed planned new Religion Law

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  • F18News: Kazakhstan - Alarm at state-backed planned new Religion Law

    FORUM 18 NEWS SERVICE, Oslo, Norway
    http://www.forum18.org/

    The right to believe, to worship and witness
    The right to change one's belief or religion
    The right to join together and express one's belief

    ========================================== ======
    Wednesday 30 April 2008
    KAZAKHSTAN: ALARM AT STATE-BACKED PLANNED NEW RELIGION LAW

    Kazakhstan is planning more restrictions on freedom of thought, conscience
    and belief, Forum 18 News Service has learnt. Human rights activists and
    some religious communities have expressed alarm at a planned new Religion
    Law penalising "unapproved" religious activities. The proposals include
    banning missionary activity by people who do not both represent registered
    religious communities and have state accreditation, and banning small
    religious communities from maintaining public places of worship or
    publishing religious literature. Prime Minister Karim Masimov has backed
    the latest draft, writing that "perfecting" legislation at the
    "contemporary phase of state-confessional relations" is "timely and
    necessary." Fr Aleksandr Ivlev of the Russian Orthodox Church vigorously
    defended the proposals, telling Forum 18 that "the current Law has allowed
    sectarians to spread in the country." He complained that "the proposed
    amendments do not at all restrict the rights and freedoms of religious
    organisations - those that say otherwise are lying." Accompanying the draft
    Law, the mass media is being used by officials and parliamentary deputies
    to promote intolerance of religious communitioes they dislike.

    KAZAKHSTAN: ALARM AT STATE-BACKED PLANNED NEW RELIGION LAW

    By Felix Corley, Forum 18 News Service <http://www.forum18.org>, and

    Mushfig Bayram, Forum 18 News Service <http://www.forum18.org>

    Kazakhstan's government has backed moves by parliamentary deputies to
    increase restrictions on religious communities and spell out further
    penalties for "unapproved" religious activities. Human rights activists and
    some religious communities are already gearing up for a new campaign for
    religious freedom, Forum 18 News Service has learnt. Many are unhappy not
    only at the proposed new restrictions but at the restrictions on religious
    activity that already exist.

    The new initiative - prepared by four deputies of the lower house of
    parliament, the Majilis, and two from the upper house, the Senate - was
    approved for consideration on 2 April. The draft Law on Amendments and
    Additions to Several Legislative Acts on Questions of Freedom of Conscience
    and Religious Organisations - if adopted - would tighten numerous articles
    of the current Religion Law, the controversial Article 375 (see F18News
    <http://www.forum18.org/Archive.php?art icle_id=608>) and one other article
    of the Code of Administrative Offences, as well as several other laws.

    Many of the restrictions envisaged in the new draft Law echo earlier
    proposals (see F18News 21 February 2007
    <http://www.forum18.org/Archive.php?articl e_id`6>).

    Kazakhstan's Prime Minister, Karim Masimov, formally backed the new draft
    in a letter to the Majilis [parliament's lower chamber], which Forum 18 has
    seen. He declared that "perfecting" legislation at the "contemporary phase
    of state-confessional relations" is "timely and necessary", though without
    explaining why. His only demand was that the formulation of the proposed
    new crimes in the Code of Administrative Offences be aligned with those
    specified in the proposed revised Religion Law.

    "The draft Law is now with a working group, which has not yet begun to
    discuss it," parliamentary deputy and working group member Serik
    Temirbulatov told Forum 18 from the capital Astana on 28 April. "It will
    then be presented to parliament's committees. Only when all their views are
    taken into account will it be presented to the full lower house of
    parliament. A parliamentary resolution earlier this month has given 1
    December as the deadline by which this will be adopted."

    Temirbulatov declined to discuss any specific provisions in the draft Law
    or any of the concerns that human rights activists and religious
    communities have already expressed.

    Ninel Fokina of the Almaty Helsinki Committee told Forum 18 on 15 April
    that her and other local human rights groups have "many points of concern"
    about the new draft Law. She worries in particular that it would make it
    hard for smaller religious groups to develop or even survive.

    Concerns among religious communities focus on the draft Law's ban on
    missionary activity by individuals who do not represent registered
    religious communities and do not have state accreditation; the institution
    of a national quota for missionaries; the ban on small religious
    communities from maintaining public places of worship or publishing
    religious literature; and the requirement that state officials must monitor
    all financial contributions to religious organisations (see forthcoming
    F18News article).

    Roman Podoprigora, a law professor at the Adilet (Justice) Law School in
    the commercial capital Almaty, who studies the legal position of religious
    communities, says he does not understand the necessity for a new Religion
    Law. "Senior officials have stated numerous times from different podiums
    that there is perfect peace and accord between the State and religious
    confessions and also between religious communities themselves in
    Kazakhstan," he told Forum 18 from Almaty on 16 April. "What is the reason
    for a new law then?"

    Natalya Kotenko, the head of the Social and Economic Department who is
    handling the issue of the new Law in the Prime Minister's Office, refused
    to explain to Forum 18 specifically why a new Religion Law is needed. "It's
    an old law and like any law needs to be perfected," she told Forum 18 from
    the capital Astana on 29 April. However, she declined to explain Masimov's
    assertion that amending the Law is "necessary". "I won't comment on the
    Prime Minister's statement."

    Kotenko claimed that the proposed new Law is entirely an initiative of
    individual deputies. "These deputies are working with state agencies, such
    as the Religious Affairs Committee." She declined to say how closely they
    are or are not working with the government.

    Kayrat Tulesov, the deputy Chair of the Justice Ministry's Religious
    Affairs Committee, also stressed to Forum 18 on 15 April that the
    initiative for the draft Law came from Parliament. Asked why the government
    wants to amend the law, he said he sees nothing surprising as the law was
    adopted more than a decade ago. "It probably needs some brushing up
    technically and theoretically," he maintained.

    Some religious communities have already declared their opposition to the
    new restrictions in the draft Law. Some Protestants have told Forum 18 that
    various Protestant churches have already discussed how to oppose the new
    Law and have announced a joint fast across Kazakhstan from 8 to 11 May.
    Franz Tissen, the head of the Baptist Union, criticised several provisions
    of the draft Law in a 16 April statement and called on churches to hold a
    one-day fast on 21 April.

    Also highly critical of the draft Law was the Council of Churches, another
    Baptist network which refuses on principle to register its congregations
    with the authorities. In a detailed letter to President Nursultan
    Nazarbayev, the Council of Churches complained that the draft Law unveiled
    to parliament on 2 April contains "absurd demands of believers that did not
    even exist in the years of Soviet rule". "How can this be termed a law on
    freedom of conscience?" they ask. "This Law puts believers in Kazakhstan
    outside the law."

    The Baptists complained of more than a hundred court cases against their
    members since the Religion Law was last amended in 2005. It said fines
    since then have amounted to more than 3,000,000 Tenge (127,525 Norwegian
    Kroner, 16,010 Euros or 24,905 US Dollars). "We didn't have such
    astronomical fines even in the Soviet period," they complained. They quoted
    one judge as declaring at a court case that Kazakhstan is returning to
    Soviet times.

    Also highly concerned is the Hare Krishna community, which has long faced
    opposition from officials, particularly to its commune near Almaty. "The
    draft Law has so many restrictions that it will produce many problems for
    us, as well as for Protestants, minority Muslims, Jehovah's Witnesses and
    others," Maksim Varfolomeyev told Forum 18 from Almaty on 30 April. "All
    will suffer. We'll be closed down, but that will be just the start." He
    said the turn for the worse began with the 2005 amendments to the Religion
    Law and conditions have continued to worsen since then.

    Varfolomeyev said the Hare Krishna community is already working with other
    religious communities to try to get their views heard. However, he said he
    remains pessimistic. "I don't know if we will have any impact," he told
    Forum 18. "I fear this draft will be adopted more or less as it is."

    The Russian Orthodox Church is more measured in its response. Fr Aleksandr
    Ivlev maintained that the current law needs revisions, but said the new
    draft - which he has read - also needs some revisions. "Some provisions
    could be better phrased," he told Forum 18 from Almaty on 30 April, but
    added that the Church is waiting to discuss the draft with the initiators.
    He declined to specify any provisions that the Church might want rephrased.

    However, Fr Ivlev vigorously defended restrictions on what he called
    "pseudo-Christian" and "anti-Christian" groups. "The current Law has
    allowed sectarians to spread in the country," he complained. "Those that
    criticise the current law are lying. The proposed amendments do not at all
    restrict the rights and freedoms of religious organisations - those that
    say otherwise are lying."

    Asked about the state-favoured Muftiate's [the Islamic Spiritual
    Administration] attitude to the new draft Law, a representative told Forum
    18 from Almaty on 30 April that this was "both a simple and a complicated
    question". He declined to expand by phone but promised to give the
    Muftiate's views in writing.

    Some Kazakh Muslims disagree with the Muftiate, an independent community
    losing its mosque in the western city of Atyrau in summer 2007 (see F18
    News 12 December 2007
    <http://www.forum18.org/Archive.php?articl e_id=1060>). A group of 15
    independent Muslims were given heavy prison sentences for belonging to a
    terrorist organisation. 14 of the 15 Muslims were given prison sentences of
    between 14 and 19 and a half years at a closed trial. The fifteenth
    received a three-year corrective labour sentence. The terrorist allegations
    by the authorities were not proven, according to independent legal experts
    (see F18 News 8 April 2008
    <http://www.forum18.org/Archive.php?articl e_id=1110>)

    Kazakhstan's Religion Law was first adopted in 1992 and imposed hardly any
    restrictions on individuals' or communities' religious freedom. However,
    the Law was amended in 1995, 1997, 2004 and 2005, with ever increasing
    restrictions. In 2005 further restrictions on freedom of thought,
    conscience and belief were imposed in "extremism" and "national security"
    legal amendments (see F18News 8 December 2005
    <http://www.forum18.org/Archive.php?article_id =701>). Despite these
    increasing restrictions, government officials at all levels and
    pro-government parliamentary deputies have repeatedly spoken of the need to
    make the Religion Law even tighter.

    Further drafts since 2005 concentrated on trying to ban "missionary"
    activity, restrict the right to publish religious literature, impose
    controls on receipt of funds and restrict charitable activity (see F18News
    21 February 2007 <http://www.forum18.org/Archive.php?article_id` 6>).

    Officials and parliamentary deputies who support the draft Law have been
    vigorously promoting it. On 28 April, a group of deputies met local
    residents in the southern city of Shymkent to present the text. Khabar
    Television reported that local people praised the deputies for their
    attempt to curtail the activities of some "non-traditional" religious
    groups, including the Jehovah's Witnesses.

    One of the deputies who initiated the new draft Law, Berik Bekzhanov, told
    the meeting that it also aims to curb the activities of missionaries in the
    area, which he criticised as "undermining family traditions and social
    principles". The deputies argued that the existing Religion Law is "too
    flexible", and asserted that "some religious organisations have started
    posing a threat to the principles of tolerance and inter-religious accord".

    The media have been full of stories in recent months highlighting what
    officials claim to be law-breaking by religious organisations. A 10 April
    report by Kazakhstan Today quoted Saparbek Nurpeisov of the General
    Prosecutor's Office as claiming that representatives of 1,870
    "occult-mystical religious teachings" have been conducting "active
    destructive activity". Among the groups he named in this category - which
    he said bring "harm" to the country and are "dangerous" to individuals -
    was the New Life Protestant Church. The mass media is often used by the
    state to promote intolerance against religious communities the authorities
    dislike (see eg. F18News 22 February 2008
    <http://www.forum18.org/Archive.php?articl e_id=1091>).

    Nurpeisov added that 50 leaders of "non-traditional faiths" and
    "occult-mystical" groups had been punished under the Criminal or
    Administrative Codes in 2007-8, while 13 foreigners had been expelled for
    "missionary" activity. As usual in such official statements, peaceful
    religious communities are deliberately mentioned in the same breath as
    Al-Qaida and other violent groups.

    Speaking at a conference on terrorism on 25 April, Majilis deputy Erzhan
    Isakulov said the Religion Law must be strengthened to help counter
    terrorism and extremism. Kazakh authorities have in the past sought to link
    terrorism and serious crime with peaceful religious activity through the
    mass media (see F18News 28 February 2007
    <http://www.forum18.org/Archive.php?articl e_id'1>). Isakulov too quoted
    the figure of 1,870 religious communities out of the more than 4,000
    officially registered religious communities which he claimed "represent a
    danger to national security and stability".

    He quoted unnamed experts as claiming (wrongly) that Kazakhstan's Religion
    Law "is the most liberal law in the area of religion" of all twelve CIS
    states. He complained that it is currently possible to register a religious
    community in Kazakhstan with just a few members. Isakulov appears to be
    unaware that Georgia has no Religion Law, while Ukraine, Russia, Armenia
    and Moldova do not ban unregistered religious activity or impose such tight
    restrictions as in Kazakhstan.

    Law professor Podoprigora told Forum 18 that he is perplexed by how little
    Parliament seems to care about initiatives such as the new restrictive
    draft Law, despite the international human rights commitments Kazakhstan
    took on and the country's forthcoming chairmanship in 2010 of the
    Organisation for Security and Co-operation in Europe (OSCE).

    Asked what he thought were the motives behind the new draft Law,
    Podoprigora gave two possible reasons. "First it is the old problem of the
    Soviet legal mindset, where the State must control every activity right
    down to the very lowest level," he told Forum 18. "Second, this new law
    might be an initiative from a few parliamentarians who want to make some
    political gain." He maintained that there could be bona fide reasons to
    fight terrorism but on a different level and with different methods.

    Podoprigora commented that it seems that some officials are thinking about
    democracy and freedoms while others are going against it. "It is like the
    saying that the right hand does not know what the left hand is doing."
    (END)

    For a personal commentary on how attacking religious freedom damages
    national security in Kazakhstan, see F18News
    <http://www.forum18.org/Archive.php?art icle_id=564>.

    For more background, see Forum 18's Kazakhstan religious freedom survey at
    <http://www.forum18.org/Archive.php?article_ id=701>.

    More reports on freedom of thought, conscience and belief in Kazakhstan
    can be found at
    <http://www.forum18.org/Archive.php?query=&a mp;religion=all&country=29>.

    A survey of the religious freedom decline in the eastern part of the
    Organisation for Security and Co-operation in Europe (OSCE) area is at
    <http://www.forum18.org/Archive.php?article_ id=806> and a survey of
    religious intolerance in Central Asia is at
    <http://www.forum18.org/Archive.php?article_ id=815>.

    A printer-friendly map of Kazakhstan is available at
    <http://www.nationalgeographic.com/xpedition s/atlas/index.html?Parent=asia&Rootmap=kazakh& gt;.
    (END)

    © Forum 18 News Service. All rights reserved. ISSN 1504-2855
    You may reproduce or quote this article provided that credit is given to
    F18News http://www.forum18.org/

    Past and current Forum 18 information can be found at
    http://www.forum18.org/
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