MARGIONALIZING RELIGION THROUGH COURTS OF LAW

A Strange Case in KazakhstanJames T. Richardson

University of Nevada, Renojtr@unr.edu

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

• 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 moral-ethical 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).