INTRODUCTION

  In September 1997 the Russian Duma passed legislation on religious freedom. The legislation brought into being a system of registration that violates international standards of human rights and religious liberty. Although ostensibly introduced to tackle the growing problems of sects and cults, the legislation has already been used against mainstream organisations such as the Baptists, Jews, and the Salvation Army, contradicting earlier assurances given by President Yeltsin and senior officials. Whilst sympathetic to concerns about the proliferation of sects and cults over the last few years, the actions of the few must not endanger the freedom of the many and a balance must be sought between the legitimate protection of Russia's spiritual heritage and the upholding of religious liberty and fundamental human rights.

  CSW is extremely concered that the legislation will have impact far beyond the Russian Federation, as other countries beginning to grapple with the rising issue of cults and sects use the legislation as a model.

THE LEGISLATION

  The law, passed in September 1997, creates a two tier structure of religious associations using a list of criteria which includes the requirement of proof of existence for at least 15 years. The theology and activity of the organisation is also taken into consideration and vague criteria such as "the promotion of religious dissension" can lead to a refusal for registration. Considerable documentation is necessary to the process and significant delays are all too possible. Those that do not meet the requirement of a religious organisation are known as religious groups and have no guaranteed rights to possess or distribute literature. Without legal status, religious groups will be unable to function, lacking the ability to hire local authority buildings for meetings or possess a bank account for example. They could be reduced to meeting in homes, unable to perform rites in public places such as hospitals or engage in charitable activities.

BACKGROUND TO THE LAW

  Legislation of this nature has been previously introduced and vetoed by President Yeltsin. Indeed Yeltsin condemned earlier drafts as unconsitutional and a threat to religious liberty. In a letter to the State Duma Chairman in June 1997 he states, "the equality of religious associations before law are of exceptional significance". The press Statement also recognises that the legislation "introduces discriminatory rules of registration and re-registration". "It is clear that the State can and must limit the operations of pseudo-religious organisations damaging the morals and health of the people, but this does not mean that in doing this the state may trample underfoot fundamental human rights". The legislation of September 1997, however, was no different.

THE CONSTITUTION

  The 1993 Constitution confirms that ideological pluralism is to be recognised in the Russian Federation: that no ideology is to be established as state or compulsory ideology; that the Russian Federation is a secular state; that no religion is to be declared an official or compulsory religion; that all religious associations are to be separate from the state and equal before the law. International treaties are recognised as part of the Russian legal system, and if an international undertaking differs from Russian law, the former shall prevail.

  In practice the situation is very different. For example the construction of new places of worship are subsidised for Orthodox Christians and Muslims but not for other confessions, and it is known that the Ministry of Defence has signed a formal bilateral agreement with the Russian Orthodox church alone, pledging co-operation.

CHURCH/STATE RELATIONS

  The Russian Orthodox Church (ROC) has, quite understandably felt threatened by new, often Western, religious organisations, and sects and cults which have mushroomed across the country in the last decade. However history reveals a less innocent agenda. Light can be thrown on the relationship between the ROC and the State in the words of an agreement between the ROC and the Government, signed by the Minister for Internal Affairs, A Kulikov in late 1996, which noted that, "an urgent need to protect citizens from spiritual aggression has arisen". It went on to identify the sources of this new crime amongst the non-Orthodox since "history bears witness to the fact that Russian has always been a country with a great culture and spirituality, where Orthodoxy has been the spiritual base of the unique Russian multi-ethnic state. The return of Russian citizens to their historical spiritual values has found the understanding and support of agencies of internal affairs". The crucial role played by the Russian Orthodox church in the legislation is undeniable. Interestingly, an Orthodox deacon in Ivanovo was dismissed from his post in the Cathedral after protesting against the local diocese's order that clergy collect signatures in support of the new legislation.

  The ROC represents about 75 per cent of all people. Muslins represent about 15 per cent followed by the Baptists who represent about one million people (under 1 per cent).

CASE STUDIES

  The following cases provide examples of measures already taken against religious bodies under the law:

—  The disregarding of the application for registration of the Jewish congregation in Bryansk.

—  Indigenous evangelical Lutheran Mission of Khakassia—told that it was no longer registered and therefore could no longer operate.

—  The Pentecostal congregation in Semnadtsat, expelled from a school building used for their Sunday services. Services now take place on the street as there are few non-government owned premises.

—  Services curtailed at the Salvation Army in St Petersburg through the non renewal of a building contract.

—  A Zion Presbyterian church in Reutov was denied recognition by the Authorities despite being accepted as a member of the central Union of Christian Presbyterian churches.

—  A band of about 20 local men apparently authorised by the local district administrator, forcibly occupied a Christian charitable cafeteria which provides free meals and medical services to th poor of the Khoroshevsky district.

—  In June, the Baptists of Voronezh were forced to cancel their planned outdoor revival meeting.

  Whilst many cases have emerged as a result of the law, each incident has been broadly resolved in the individual church's favour. However it is as yet unknown whether this will always be the case, and as the years pass and officials become more familiar with the powers under the law it may well be that more long term restrictions on congregations take place.

IMPACT OF THE LEGISLATION

  The impact of the legislation has been far reaching both geographically and practically. Catholic clergy in Siberia and the Russian Far East report that many priests are now experiencing difficulties with visas, making their work almost untenable. In addition rent has been raised from three million to 50 million rubles for land under their church. (Authorities do not take into consideration that Catholics used to own their own church in Novosibirsk before it was confiscated and demolished by the Soviet regime). Yuri Sipko of the Union of Evangelical Christians-Baptists reports that in the Moscow oblast Protestants have experienced more and more cases of being denied access to "palaces of culture" and other public buildings. In general churches have been forced to centralise. Whilst this is not a problem for the more heirarchical denominations, many local congregations find this restrictive.

  Overall after 10 months of the law, it is reasonable to say that few missionaries have been affected by the legislation, although many are now revealing that they are being forced to work more underground than ever before in order to avoid restrictions on their right to distribute Bibles or to convene meetings. It is easier to point to cases of indigenous Russian religious minorities who are suffering under the law. Indeed Lawrence Uzzell from Keston Institute suggests that minority rights depend in part upon their connection to foreign states and Russia's relationship with those states. However, there is no rule of thumb and harassment takes place even within religious confessions.

  A climate of intimidation now exists and minority congregations operate not knowing what is around the corner for them. At the moment the most widespread violation of religious freedom is the denial of access to buildings. As most suitable venues are owned by the local government selectively denying them to religious bodies is tantamount to declaring religious believers to be second class citizens, especially when it is widely known that the local Orthodox church can veto any such an agreement. Whilst many of the practical problems facing congregations are theoretically unconnected to the legislation, the law's existence has sent a strong signal to local officials that they can take measures against the more unpopular congregations.

  Reviewing the impact of the legislation after one year Keston Institute published the following information in their journal, "Religion, State and Society"[1]. Of 69 cases of reported incidents[2] 37 involved indigenous group, 11 foreign missionary groups and four involved both. Eight incidents involved Roman Catholics, six involved Orthodox believers including two Russian Patriarchs who were not supportive of the bill, five incidents involved cults, one involved Old Believers and one involved a Jew. These figures clearly undermine the original stated pretext for the bill, which was to control the dangerous activity of foreign cults and sects.

THE GUIDELINES

  Guidelines to implement the law were issued by the Ministry of Justice in March 1998 but some authorities failed to receive them and even then, it remains to be seen how much notice is taken of them. No guarantees are given for organisations that existed for any 15 year period in the past, as had been earlier stated. Foreign bodies are specifically targeted under the guidelines which state that Russian branches of foreign religious organisations cannot gain the status of legal personalities (Article 5). They also require these bodies to get explicit permission for increases in staff after they have been registered and apply to re-register every three years, even after the 15 year period has ended.

  They do not bar officials from applying the new law's standards retroactively to religious associations which received registration before the law was passed. They do not even clearly state, though they do imply, that the "15 year rule" does not apply to so-called "centralised religious organisations".

  It is expected that under the guidelines, the spheres of influence of a religious organisation will be limited to its own town, village or city, thereby limiting any missionary or expansionary activity.

SOME ENCOURAGING SIGNS

  March 1997 the Udmurtia Supreme Court strikes down the province's 1996 law restricting missionary activities, following a lawsuit filed by local Pentecostals and charismatics. However, now many of these congregations are considering affiliation with one of the existing "centralised" religious organisations to escape the harsh effects of the 15 year rule.

  A Russian Orthodox church has come under fire from the central Patriarchate for promoting sectarianism. Father Kochetkov, the leader of this more open orthodox wing of the church argues that he is trying to promote a more progressive modern language in the church. Denied communion for a time, the Father and his followers have also suffered continued press attacks and the severing of formal links with the Diocese. The burning of unacceptable theological books also takes place. A Moscow theological institute connected to the priest is now experiencing difficulties with their licence.

  March 1998: the Ministry of Justice granted registration to one of Russia's most persecuted religious minorities, the Pentecostals. This is a very encouraging move as under a strict interpretation of the 15 year rule, no such registration would be possible. The New Apostolic Church has also been registered.

MORE RECENT DEVELOPMENTS

(A) Procedure for State Analysis

  A decree concerning the last regulations associated with the 1997 legislation was distributed about a year after the Act and quickly became a matter of concern for churches. The decree authorises both the national Ministry of Justice and the various provincial governments to create councils of experts to study religious organisations applying for registration. Hence a state appointed authority becomes the final arbiter of questions of theology. Christian analysts remain divided as to the merits and weaknesses of such a system. Vladimir Ryakhovsky of the Christian Legal Centre argues that the councils will judge only on the consistency of the theology of a local church with the central religious organisation to which it is affiliated. Rulings concerning the inconsistency of a church's doctrine and practice with the laws of the land will be made by the organs of justice. He also emphasised that the council's findings will only be recommendations not final decisions.

  Ryakhovsky's apparent optimism is not shared by Christians in the province of Buryatia where, even before the new law received approval, the council authorised, among other things, to create a database of religious organisations and to analyse the social and psychological results of their activities. Its members include seven secular officials, a psychotherapist, an Orthodox priest, a Buddhist clergyman, and an Old Believer[3], but NO Protestants or Catholics.

(B)   New Visa System

  To date Roman Catholics have suffered less than isolated pentecostal or Baptist congregations but the recent adoption of new rules regulating the issues of visas are set to make it impossibe for the Roman Catholic church to maintain the supply of priests needed for normal parish life. The regulations require the "goals of the visit" to be articulated and under categories 54-56 (dealing with religious affairs, charitable and humanitarian) visas are only issued for three months. Since the early 1990s it has been almost impossible for young men to gain a seminary education in Russia, making the church dependent upon non-Russian clergy. These new restrictions will make it financially impractical for the church to continue.

ASSOCIATED ISSUES OF INTEREST

(A)   Charity Restrictions

  Charities attempting to import humanitarian goods are facing a bureaucratic minefield in a backlash to the tax regulations of the early 1990. The barriers date back to mid-1996 when the states Customs Committee on humanitarian aid shipments issued decree no 142. Not only are detailed, in fact meticulous, records of goods required but even their use is now being monitored. Some NGOs in Moscow simply refuse to operate under this level of monitoring. Samaritans Purse "Christmas child" boxes finally reached their destination at Easter after numerous problems and an extended delay relating to a discrepancy of about 10 bottles of shampoo! Customs fees have also become a major feature of life.

(B)   Regional Impact

  There is no doubt that the law is being used as a model and justification for similiar legislation and crackdowns in this region and beyond. Moldova and the Ukraine are regional examples, along with Romania and Bulgaria who are both examining the law in the context of their own deliberations. Austria has recently passed an extremely restrictive piece of legislation and it is feared that unless this move towards greater regulation is curtailed, significant loss of religious liberty will result. A clear parallel to the Act can be drawn with Article 11 of Uzbekistan's 1998 law on religion which stipulates that a group must number at least 100 persons to be eligible.

The Future

  A formal case challenging the constitutionality of Russia's law is now underway. The court may be open to argument concerning striking down Articles 9, 11 and 27 which deal with the controversial 15 year rule. However, even if this section is removed, international standards of religious freedom will continue to be violated under the remaining measures.

  In light of the draconian measures already taken, CSW is very concerned that this is only the beginning of an even more restrictive crackdown which will reach new heights in December 1999 when the period for re-registration expires.

Conclusion

  This Act represents a step backwards for religious freedom in Russia. The de facto criminalization of unregistered activity means that many religious minorities which cannot fulfil the conditions placed upon them are unable to operate legally. This vulnerable and quasi-criminal situation in which they find themselves is in clear violation of paragraph 16 of the OSCE Vienna Concluding Document and in particular section 3 of this paragraph in which participating states have committed themselves to granting legal status to religious communities to practise their faith. The international community must intervene to preserve religious freedom in the Russian Federation. In so doing it will send a strong message to legislators in the Central Asian republics and beyond who have already copied or are considering copying the central tenets of the Act.

  Freedoms of thought, conscience, religion and belief—are surely the most fundamental freedoms of all, in that they touch upon the essential mystery of man and his place in the universe. To deny or restrict these freedoms is a violation of the most serious kind, for there is no greater assault on man's integrity than to deny him the opportunity to freely explore, draw and hold conclusions about the mystery of his existence. There is no doubt that these basic freedoms are under threat in the Russian Federation today and it is surely the responsibility of the international community to act.

SOURCES

  Keston College—News and Analysis

  Keston Institute: Religion State and Society.

  Russian Federation Federal Law on Freedom of Conscience and on Religious Associations adopted September 1997. (English translation)

  "Human Rights and Freedoms are the Priority" Press Service of the President of the Russian Federation, 25 July 1997.

  Freedom of Conscience Violations in the Russian Federation (1994-6), Report by Lev Levinson and Vyacheslav Polosin, Moscow 1996.

  Freedom of Religion and Belief: A World Report, edited by J Sheen and K Boyle, 1997 Routledge.

2   All occasioned by the bill, eg problems of registration, literature seized, raids, cancelling of public events, visa difficulties, denial of access to building, etc. Back

3   Old Believers emerged from a 17 century schism in the Russian Orthodox church. Back