MARGIONALIZING RELIGION THROUGH COURTS OF LAW

1
MARGIONALIZING RELIGION THROUGH COURTS OF LAW

• A Strange Case in Kazakhstan
• James T. Richardson
• University of Nevada, Reno
• jtr_at_unr.edu

2
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)

3
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

4
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

5
Kazakhstan Legal System

• Constitution guarantees religious freedom
• Human rights and freedomsshall be recognized
  (Article 12)
• No one can be discriminated against based on
  religion (Article 14.2)
• Everyone shall have the right to determine
  hisreligious affiliation (Article 19.1)
• Everyone shall have the right of freedom of
  conscience (Article 22)

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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

7
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 Kazakhstans 2010 leadership of OSCE

8
Discrimination and Repression

• Jehovahs 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)

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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

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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

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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

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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

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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.

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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

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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
  Institutes Expert Panel on Legislation.
• (See www.religionaandpolicy.org for more
  information on this letter and other commentaries
  on proposed law)

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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)
•  

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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 groups 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)  
•  
•  

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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 entitys 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) 
•  

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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

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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).