Transcript Twenty Years and More: Research into Minority Religions

Twenty Years and More:
Research into Minority Religions,
New Religious Movements and 'the
New Spirituality'
INFORM and CESNUR in association
with ISORECEA
April 16-20, 2008 - London School of
Economics
Shifting Legal Frameworks for Protection of
Non-Traditional Religious Communities in
Post-Communist Lands
Presiding and Introducing: W. Cole DURHAM, Jr.
(Brigham Young University, Provo)
• The Changing Legal Setting for Religious Groups in
Russia - Alexander VERKHOVSKY (Director, SOVA Centre
for Information and Analysis, Moscow)
• Position of Non-traditional Religious Communities
Following the Adoption of the Romanian Law on
Religious Freedom and the General Regime of Religious
Denominations - Romanita IORDACHE (Human Rights
•
Lawyer, Center for Legal Resources, Romania)
Religious Rights in the Georgian Setting - Archil
GIORGADZE (Head of Human Rights Protection Unit,
Office of the Prosecutor General of Georgia)
Position of Non-traditional Religious
Communities Following the Adoption of the
Romanian Law on Religious Freedom and the
General Regime of Religious Denominations
by Romanita IORDACHE
Full comment of Romanian Law published in
"österreichisches Archiv für recht & religion 2007, pp. 194-221". The article is available at
http://www.univie.ac.at/recht-religion/archiv
Background of the Romanian 2006
Law
• Situation of religious minorities prior to
1948
• Religious freedom between 1948-1989 –
14 state recognized/ controlled religious
denominations
• Status of religious minorities between
1989 -2006 – 18 state recognized religious
denominations
Status of religious minorities
between 1989 - 2006 – restrictive
process based on Decree 177/1948
• State recognized religious denominations
• Religious denominations not recognized by
the state:
– No legal personality
– Registered as religious associations=NGOs
– Attempts of being recognized as culte
• The case of Jehovah Witnesses – Supreme Court
cases (4) + ECHR case –friendly settlement
Constitutional guarantees – Art.29
• (1) Freedom of thought, opinion, and religious beliefs shall not be
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restricted in any form whatsoever. No one shall be compelled to
embrace an opinion or religion contrary to his own convictions.
(2) Freedom of conscience is guaranteed; it must be manifested in a
spirit of tolerance and mutual respect.
(3) All religions shall be free and organized in accordance
with their own statutes, under the terms laid down by law.
(4) Any forms, means, acts or actions of religious enmity shall be
prohibited in the relationships among the cults.
(5) Religious cults shall be autonomous from the State and
shall enjoy support from it, including the facilitation of
religious assistance in the army, in hospitals, prisons,
homes and orphanages.
(6) Parents or legal tutors have the right to ensure, in accordance
with their own convictions, the education of minor children whose
responsibility devolves on them.
Adoption of 2006 law
• Previous drafts – 4-5
• Stakeholders:
– State recognized religious denominations – variety of positions –
approval by ROC/dissent of GCC (conditioned), JW (rejected) &
Baptists, Adventists – withdrew endorsement
– Denominations not recognized
– International concerns: OSCE, Venice Commission, US Helsinki
Commission
– Domestic concerns: anti-religious groups and human rights
NGOs
Voting process
- tacit approval by Senate=no debate on the floor and no voting
- Chamber of Deputies – slow process; surprise adoption – one
vote against, one abstention and majority pro
Main provisions of the 2006 law
• No definition of religion
• Protection of forum internum
• Art. 9 ECHR + legitimate aims for
limitations – “public security”
• Three tier system
• Preferential status of dominant ROC
• Autonomy of state recognized religious
denominations public utility status
Main provisions of the 2006 law (2)
• Art. 9 – quasi – Separation/ Neutrality/Equality Clause
(1) There is no State Religion in Romania; the State is neutral
towards any religious persuasion or atheistic ideology.
(2) The denominations are equal before the law and public
authorities. The State, though its authorities, shall neither
promote nor support the granting of privileges or the
instatement of discrimination towards any denomination.
• Art. 13 – prohibition of religious defamation and public
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offending of religious symbols
Sensitive issue – restitution of religious assets seized
after 1948 – postponed (Art.30)
Conditions for registration as first
tier status – different standards
• Previously recognized simplified procedure
• Newcomers:
– religious associations that, “through their activities and number
of worshipers, provide guarantees of sustainability, stability and
public interest (?).”
– bylaws and canon codes of recognised denominations are to be
recognised “insofar as they do not, in their contents, threaten
public security, order, health and morality or the fundamental
human rights and liberties.”
– high numerical threshold of 0.1 per cent of the
population Romanian citizens residing in Romania
(approximately 22,000 people) to qualify for ‘religious
denomination’ status, = highest in OSCE
– a strict time-requirement of a 12-year waiting period
Registration as religious
associations
• 300 believers (only Romanian citizens or
•
residents in Romania) = 3 persons establishing a
NFP association  impact on management of
temporal issues of religious communities (access
to public subsidies, tax exemptions, property,
labor relations, relation with authorities –
education, pastoral support in detention, army,
hospitals etc.)
Process- SSRA issues an opinion – 8 so far
judge
Impact of law on NRMs
• Duty to transform status for NRMs previously registered as religious
associations
• Restrictive criteria for registration for NRMs currently seeking legal
status as first tier or second tier denominations
• Disparate impact of some provisions of the law (prohibition of
offense against religious symbols, provisions on access to
graveyards, taxation, education, pastoral support etc.)
• Encouraging further attacks – see decision of the national equality
body following a complaint filed by Bahai in relation with the
content of the Manuals of Religious Education approved by the MoE
which used offensive language in relation with NRMs