Written Testimony
( 3 items )
OSCE Human Dimension Meeting: Freedom of Religion or Belief
Warsaw, September 2009
On the occasion of this OSCE Human Dimension Meeting, the Institute on Religion and Public Policy (IRPP) calls the attention of delegates and attendees to the systematic violation of international human rights standards articulated in the Helsinki Accords and the International Covenant on Civil and Political Rights on the part of numerous countries. The Institute has submitted papers on shortcomings in approximately 20 OSCE member states. Three examples of states falling short of OSCE commitments are Kazakhstan, Russia and France. The religious freedom rights of members of religious minorities continue to be violated in these countries.
KAZAKHSTAN
Repression of religious freedom reported by religious minorities reached extremely disturbing levels in 2009. Religious repression as documented by groups such as Forum 18 evidenced severe legal restrictions on freedom of religion or belief: raids, interrogations, threats and fines affecting both registered and unregistered religious communities and individuals; unfair trials; the prosecution and jailing of a few particularly disfavored religious believers; restrictions on the social and charitable work of religious communities; harassing police and KNB actions, including secret police surveillance of religious communities; improper actions taken to deregister and to liquidate religious organizations; improper seizure and confiscation of religious materials; intimidation through interrogation and threats by KNB officials; and attempts to deprive religious communities of their property. These restrictions systematically violate OSCE standards.
In September 2009, a Centre for Destructive Sects was opened fully supported and financed by the government; this Centre appears to have been formed as a tool for further religious repression.
Religious repression of targeted minority faiths has become the pattern and practice of the government of Kazakhstan in 2009. Many minority faiths have been illegally targeted and subjected to religious persecution; moreover;
The IRPP joins others in calling upon the OSCE and ODIHR to hold Kazakhstan accountable to fundamental human rights standards such as the Helsinki Accords. The egregious level of religious repression implemented by the government cannot be countenanced by OSCE standards. Unless the Kazakhstan government takes immediate action to reform its systematic campaign of religious repression against minority faiths, the OSCE should take action so that Kazakhstan does not assume the OSCE Chair in 2010.
RUSSIA
In Russia, minority faiths have been refused the right to register as religious organizations under the 1997 Russian Federation law "On Freedom of Conscience and Associations" (Religion Law) and have been subject to never-ending investigations and liquidation proceedings.
Unlawful Liquidation of Minority Churches
Because of the refusal of Russian authorities to register religious groups as religious organizations and actions taken by Russian authorities to attempt to systematically liquidate religious organizations based on spurious charges, minority religious groups throughout the country have experienced discriminatory treatment by local officials in the form of never-ending investigations and attempts to close down these religious groups. These actions include civil and criminal charges with the initiation of proceedings on the specious grounds that the religious groups are either practicing medicine or education without a license. These actions continue despite a 2008 Supreme Court decision finding that Church services such as Bible Study do not require a license.
Censorship and Suppression of Religious Freedom under the Extremism Law
Authorities are also attempting to suppress peaceful religious texts by seizing upon the June 2002 Extremism Law to justify confiscation and censorship of religious literature.
The Extremism Law has been typically used against other religions to censor religious literature based on biased expert reports. For example, Forum 18 notes that, in one case, Muslim literature was banned because the expert argued the literature was “extremist” as it "propagandizes the idea of the superiority of Islam - and therefore Muslims - over other religions and the people who adhere to them". Yet a fundamental tenet of religious freedom is the right to say that yours is the only true religion[1]. NGOs and the Russian Human Rights Ombudsman have expressed concern over the use of the Extremism Law to suppress and censor religions.
The Extremism Law represents a grave threat to the right to freedom of religion and freedom of expression in Russia as the Law is extremely arbitrary and can be applied in a discriminatory manner in contravention of fundamental human rights.
Expert Council
The actions of the Russian Justice Ministry's Expert Council for Conducting State Religious-Studies Expert Analysis (Expert Council) remain a grave threat to religious freedom in Russia.
The powers of the Expert Council Russian Justice Ministry's Expert Council were considerably broadened in February 2009. The Council now has the power to investigate the activity, doctrines, leadership decisions, literature and worship of any registered religious organisation and then recommend action to the Justice Ministry. The appointment of notorious "anti-cultists" and controversial scholars of Islam to the Council – and the choice of prominent "anti-cultist" Aleksandr Dvorkin, an avowed enemy of minority faiths as its chair - have led numerous NGOs and religious representatives to view the Council as a tool of religious repression designed to initiate a new "Inquisition".
FRANCE
On 19 September 2008, Prime Minister Fillon appointed Mr. Georges Fenech, former Magistrate and suspended Member of Parliament, as President of MIVILUDES (the Inter-Ministerial Mission of Vigilance to Fight against Sectarian Drifts).
In February 2009, Mr. Fenech called on the government to re-institute a so-called official “sect list” in France similar to the infamous blacklist established by a Parliamentary Commission in 1995. Although the Prime Minister rejected this call for a new blacklist in July 2009, MIVILUDES determined to go forward with what it refers to as a “reference list” of over 500 minority movements or practices which it characterizes as sectarian. Mr Fenech renounced publishing this document following a decision of the Prime Minister. He however declared in the newspaper Libération on 3 August 2009 that this list would be kept and available on demand, especially for justice professionals, judges and prosecutors. Additionally this list will be communicated to public authorities, ministries and local elected officials so they can refuse when they are solicited by that or that movement for the renting of a hall for a conference or for the granting of licences for individuals as infant nurses.
The measures taken under the initiation of Mr Fenech are of great concern and will substantially increase religious repression in France.
Mr Fenech considers members of minority groups as consenting only in appearance since, according to him, in order to have subscribed to deviating beliefs they must have been under mental subjection.
International and legal standards mandate that religious minorities be treated in conformance with the principles of pluralism, non-discrimination and equality. These standards also mandate a spirit of tolerance towards minority faiths and a responsibility on the part of the State to create dialogue and take action where discrimination occurs. Yet, MIVILUDES and its President have advocated policies and repressive measures that completely contravene fundamental human rights, including the Helsinki Accords.
