The Norwegian Helsinki Committee (NHC) is concerned with the rapid passage as well as the restrictive nature of the new laws, says Bjørn Engesland, Secretary General of the NHC. – The way to prevent violent religious extremism is not to restrict freedom of religion. There are plenty of examples showing that undue restrictions are counterproductive in this regard.

Without a thorough consultation process and provisions within the parameters of international standards, NHC fears that the laws will not contribute to building confidence on the way the government deals with religious pluralism. Rather there is a risk of more scepticism and frustration among moderate groups and better recruiting options for more radical groups, said Engesland.

Fear of religion in the post 9/11 world

Kazakhstan, like other countries struggling to find the proper balance in its legislation and practice between security concerns and fundamental freedoms. It is NHC view that country would only benefit from international assistance. However  the government paid little attention to statments issued by international NGOs, thus official view of the governmemt regarding the law remains unchanged. Zhanna Onlasheva of the state Agency for Religious Affairs, who drafted the laws, told Forum 18 News Service that “We set out our position to the OSCE that we didn’t agree with their view. We stuck to our position”. The laws were passed as the Military Affairs Directorate of Almaty’s Turksib District wrote to local religious communities, ordering them to “provide information on citizens on record as followers of non-traditional religions and radical religious views” .

The title of the new Religion Law, which replaces the 1992 Law on Freedom of Religious Confession and Religious Association, reads The Law on Religious Activity and Religious Associations. Its preamble points to the particular historic role of Orthodox Christianity and Hannafi Islam in Kazakhstan.  The new law will implement the following provisions:

– Law requires that all religious groups re-register according to a complex four-tier system;

– Bans unregistered religious activity;

– Requires missionaries to re-register annually, including persons travelling to a neighboring oblast for talks with a sister congregation;

– Requires both central and local government approval to build or open new places of worship;

– Requires that all religious literature would have to go through thorough verification by the Agency for Religious Affairs in a practice that in practice equals to censorship.

The second law, The Law on introducing Amendments and Additions to several legal acts questions of Religious Activity and Religious Associations, amends nine other laws and legal provisions. In particular, amendments of the Article 375 of the Code of Administrative Offences and of the Law on the Rights of the Child could have far-reaching impact on freedom of religion or belief. The law does not only limit freedom of religion, but also related freedoms of assembly, association and expression, says Engesland. – We are concerned with the effects of this law if it enters into effect. They are not in compliance with OSCE commitments, which Kazakhstan as former Chair of the organization (in 2010) should do its outmost to respect. Norwegian Helsinki committee therefore urges the President of Kazakhstan to use his Constitutional powers to return the law to the Parliament for a renewed, open and transparent discussion. The President also has the option of asking the Constitutional Council to review the laws in order to determine their Constitutionality. Similar legislative packages were reviewed by the Constitutional Council in 2002 and in 2009, leading to rejections. Kazakhstan should also answer favorable to offers by the OSCE to provide legal assistance to ensure the new laws’ compliance with international human rights standards, says Engesland.

“Non traditional” religions ?

Religious communities and human rights defenders have expressed concern to Forum 18 over the growing use of the term “non-traditional religions”, even though it is nowhere defined in law. On 5 September, the Military Affairs Directorate of Almaty’s Turksib District wrote to local religious communities. In a letter signed by its head Lieutenant-Colonel Rashid Isaev, and seen by Forum 18, it ordered them to “provide information on citizens on record as followers of non-traditional religions and radical religious views”. It said this was needed because of the forthcoming call-up to military service. The letter said the order came from the Coordinating Council of Military Organs of Administration and Criminal Prosecution, a body that brings together officials from security bodies, including the Military Prosecutor’s Office, Defence Ministry, Interior Ministry and KNB secret police.

Fined for praying for man’s health

Pastor Yerzhan Ushanov of the New Life Protestant Church in Taraz in Jambyl [Zhambyl] Region of southern Kazakhstan is challenging a heavy fine imposed on 5 September for allegedly harming the health of a man who he prayed for in May, charges he denies. New Life church members described the accusation to Forum 18 as “absurd”. They pointed out that the National Security Committee (KNB) secret police had initiated a similar case under the same Criminal Code Article against another local Protestant pastor which led to a fine in April 2010, though this was later overturned by the Supreme Court (see F18News 5 July 2011http://www.forum18.org/Archive.php?article_id=1590).

Background

The NHC has together with Norwegian and Kazakhstani partners monitored freedom of religion and belief in Kazakhstan during the last three years. In June 2010, a critical report was launched that describes the complicated situation. Freedom of religion issues has also been discussed in dialogue meetings with high level government representatives. NHC and the partners have in these meetings stressed the importance of meeting international standards by respecting the rights to have a religion of one’s own choice, and to be allowed to manifest this religion in worship, observance, practice and teaching.

In a press conference in Almaty 5 October 2011, the NHC together with the Almaty Helsinki Committee and regional experts expressed concern with the new law to a number of journalists.

 

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