Transcript MARGIONALIZING RELIGION THROUGH COURTS OF LAW

MARGIONALIZING RELIGION
THROUGH COURTS OF LAW
A Strange Case in Kazakhstan
James T. Richardson
University of Nevada, Reno
[email protected]
Kazakhstan Facts
• Last Soviet Republic to declare independence
in 1991
• Ninth largest country in the world in size
(larger that Western Europe); 62nd in
population (16 million)
• Growing in influence in the world (Council of
Europe Observer Status; United Nations;
Commonwealth of Independent States)
Kazakhstan and the OSCE
• OSCE is 56 nation organization formed in 1975
to promote democratic values in European
region
• Kazakhstan will assume Chair of Organization
for Security and Cooperation in Europe in
2010
• Controversy over commitment to democratic
values including religious freedom
Religious Make-up
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Islam in largest religion: 47%
Russian Orthodox: 44%
Protestant 2%
Other: 7%
Our focus will be on treatment of minority
faiths, and one particular legal case
Kazakhstan Legal System
• Constitution guarantees religious freedom
• “Human rights and freedoms…shall be
recognized” (Article 12)
• No one can be discriminated against based on
religion (Article 14.2)
• “Everyone shall have the right to determine
his…religious affiliation” (Article 19.1)
• “Everyone shall have the right of freedom of
conscience” (Article 22)
Problems for Minority Faiths
• 2005 law requires religious groups to register
with the local and central Ministry of Justice
• Process is repressive, but failure to register
carries heavy fines for participating in
unregistered religious activity
• If not registered then not a “legal person”,
which has severe implications
• 2005 Extremism Law also used to harass
New Religion Law Proposed
• New proposed law is much more repressive
See appendix for details)
• Passed by both houses of Parliament in 2008
• President referred it to Constitutional Council;
ruled unconstitutional in Feb. 2009
• President refused to sign law
• Thus implementation has been delayed,
perhaps because of Kazakhstan’s 2010
leadership of OSCE
Discrimination and Repression
• Jehovah’s Witness groups not allowed to
register in some regions
• Protestant groups denied registration as well
in some locales (Presbyterian)
• Baptists refuse to register’ has led to raids,
fines, imprisonment, confiscation of property
• Hare Krishna property destroyed and land
confiscated
• Many foreign missionaries evicted (350)
Repression and Discrimination: UC
• Unification Church has experienced quite dramatic
interference by the government
• UC is properly registered (1992 and again in 1995)
• But, covert surveillance used against them in April,
2008
• Four small meetings recorded secretly, of teachings
from Divine Principles, taught by Elizaveta Drenisheva,
a Russian citizen
• Six KNB officers raided UC office on July 2, 2008, took
computers and literature, and arrested Ms.Drenisheva
UC Case, continued
• Ms. Drenisheva charged with “crime directed against
peace and human security” for teaching the DP
• Expert opinions sought by prosecution on the
substance of the lectures given by Ms. Drenisheva
• Two experts, a linguist and a religious scholar, both said
she had done nothing illegal
• Linguist said: “no incitement to overthrowing the
constitutional order, violation of the integrity of state,
or appeal to war”
• Religious scientist said: DP ideas were “characteristic of
neo-Christian association of non-traditional cults”
UC Case, continued
• Political scientist E.E. Burova, said the material contained
“propaganda of the inferiority of citizens on account of
signs relating to their ethnic (in the sense of their being
human beings) affiliation…” and “…of the inferiority of
citizens on account of signs relating to their class affiliation”
• Also, “The materials contain signs of destructive (negative)
influence upon person, family, society, and the moralethical integrity of the state”
Outcome:
• Trial held in January, 2009, where she was found guilty and
sentenced to two years in prison
UC Case, continued
• Led to international outcry and a new hearing
before an appeal court
• Court considered expert statements from
Gordon Melton, myself, and Dr. Elbakyan, a
Russian scholar
• Prosecution recommended commuting to
three years probation, but stressed guilt of
Ms. Drenicheva and correctness of initial
decision
UC Case, cont.
• Sentence reduced, but still guilty of crime of teaching
Divine Principles, but she “could be corrected without
being isolated from society”
• Freed her, but fined $200, covered by two months,
three days in prison
New Developments
• Local prosecutor has opened an investigation of the
UC, based on fact that a leader was found guilty of a
crime
• Investigation will involve tax issues, property
ownership and use, teaching activities, etc.
Conclusion
• Kazakhstan has poor record concerning
treatment of minority faiths, as evidenced by
many actions, including particularly the
actions taken toward the Unification Church
and its leaders
• Having Kazakstan as Chair of the OSCE in 2010
seems very problematic in light of the official
actions described herein
Appendix
• The following criticisms of the new proposed law
were taken from a letter to the heads of both
houses of the Parliament in Kazakhstan on Nov.
21, 2008, by Joseph Griebowski, President of the
Institute for Religion and Public Policy,
Washington, D.C. and William Walsh, Chair of the
Institute’s Expert Panel on Legislation.
(See www.religionaandpolicy.org for more
information on this letter and other
commentaries on proposed law)
Appendix: continued
• n A complete ban on religious activity for unregistered religious
groups (Article 4 of the draft law states that “Operation of
religious organizations and religious groups that are not
registered is not allowed”);
• n Severe penalties for religious activity if a group is not
registered (Holding religious services, conducting charitable
work, importing, publishing or distributing religious literature or
building or opening places of worship in violation of "demands
established in law" would lead to fines for individuals of "up to
50 times" the minimum monthly wage and would provide the
basis for a 6 month ban);
Appendix, continued
• n Severe restrictions on religious groups (Article 4-3 states that
members of a religious group can perform religious devotions and
ceremonies only inside the group, study religion in facilities owned by
members of the religious group and within the territory specified in the
religious group’s notifying registration. A religious group does not have
the right to “engage in missionary activities” or to “found, rent and
maintain facilities open to wide public for religious worshipping or
religious meetings”);
• n Severe restrictions on missionary activity (Article 4-1 bans missionary
activity unless one successfully registers as a missionary);
• n Compulsory censorship of all imported religious literature (Article 13
mandates that religious literature imported into the country would
require approval and be subjected to State “theological analysis”);
Appendix, continued
• n State review of religious beliefs of registered communities (Article 4-4
states that the government has the right to conduct “theological
analysis;” the draft law states that “A legal entity’s founding and other
documents of religious content, religious literature, other informative
materials of religious content and items of religious designation shall be
a subject of theological analysis”);
• n The draft Law would vastly increase law enforcement powers in
religious matters and provide mechanisms for liquidation of religious
communities (Article 6-1 would allow Religious Affairs Committee in the
Justice Ministry to appeal to law-enforcement agencies to ban the
religious activity of individuals and associations and to appeal to courts
for the liquidation of religious associations);
Appendix, continued
• n Compulsory re-registration of all communities;
• n Severe restrictions on faith based charity activities
(Article 14 states that “Charity designed to disseminate a
religion through the use of individuals’ material needs shall
be banned”);
• n The impossibility of registering communities that work in
several regions only (such as Russian Orthodox or Catholic
dioceses);
• n The need for state permission to build places of worship;
Appendix, continued
• n A requirement that children have written permission to
take part in any religious youth event;
• n Distribution of religious literature would be banned in
state bodies, educational and health establishments and
within 100 meters of them and on public transport; and
• n Severe restrictions on the creation of religious legal
entities (Article 7 bans the creation of religious
organizations under any other legal framework than
religious associations, except religious educational
organizations).