Source: www.forum18.org
Date: December 3, 2021
Friday 3 December 2021
KAZAKHSTAN: Tighter meeting restrictions back in Parliament's lower house
On 2 December, the upper house of Parliament approved in revised form
amendments to the Religion Law to make holding religious events away from
state-registered places of worship more difficult. The amendments now
return to the lower house. The Senate narrowed the type of events that
would need to undergo the burdensome process of seeking special official
permission in advance. A legal specialist questions whether ordinary police
officers would know that the new requirements – if adopted – would not
apply to religious communities meeting in rented premises. "Much will
depend on the instructions of religious affairs authorities and the
discretion of local or national officials," the legal specialist told Forum
18.
KAZAKHSTAN: Tighter meeting restrictions back in Parliament's lower house
https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2701&source=gmail&ust=1638675001285000&usg=AOvVaw370DJGBdLjbBQBRHSkcxF8">https://www.forum18.org/archiv
By Felix Corley, Forum 18
On 2 December, the upper house of Kazakhstan's Parliament, the Senate,
approved in revised form amendments to the Religion Law to make holding
religious events away from state-registered places of worship more
difficult. The Senate narrowed the type of events that would need to
undergo the burdensome process of seeking special official permission in
advance. The Senate also removed a provision that would have widened the
scope of the existing state religious censorship. The amendments were then
sent back to the lower house, the Majilis.
The amendments do not change the current situation of religious communities
without state registration having no permission to exist. All exercise of
freedom of religion or belief by them remains illegal.
Any state-registered religious community which wants to hold a pilgrimage
or other event away from their own place of worship would have to have
advance state permission for such an event, if these amendments are adopted
by Parliament and signed by President Kasym-Zhomart Tokayev.
State-registered religious communities would be required to:
- seek permission for such events from local administrations at least 10
working days in advance;
- and provide precise and exhaustive detail about the proposed event, some
of which the religious community will find difficult to provide in advance.
The precise details required include the date, start and end time, how
people will get there, whether loud speakers will be used, and how many
vehicles will be used as well as their travel route.
Local officials are given many ways to arbitrarily refuse such requests
(see below).
It appears that only one-off special events registered religious
communities want to hold away from their normal places of worship would now
require official permission in advance. The earlier version of the
amendments would have required official permission for any meeting,
including for meetings for worship in a rented venue.
The text of the amendments is confusing, a legal specialist told Forum 18.
"They are not ideal, but better," they said. The Senate "tried to remove
the requirement" for religious communities to seek special advance official
permission for meetings for worship in rented as well as owned property,
"but it did not do this very successfully," the legal specialist noted (see
below).
No election in Kazakhstan – including January 2021 parliamentary
elections - has ever been found to be free and fair
(https://www.google.com/url?q=https://www.osce.org/odihr/elections/kazakhstan&source=gmail&ust=1638675001285000&usg=AOvVaw0OO5uzLZDwXzbcmJIVq_Ks">https://www.osce.org/odihr/el
Security and Co-operation in Europe (OSCE) election observers. The
Parliament has always been controlled by the ruling Nur Otan Party.
The legal specialist questions whether ordinary police officers would know
that the new requirements – if adopted – would not apply to religious
communities meeting in rented premises. Many Protestant, Jehovah's Witness,
and Hare Krishna communities are among those which do not own their own
buildings and meet in such premises. "Much will depend on the instructions
of religious affairs authorities and the discretion of local or national
officials" (see below).
Between 1 January and 31 August 2021, the regime fined at least 15 people
(one twice) and three organisations for holding meetings for worship,
hosting such meetings, maintaining places for such meetings, or holding
other religious rituals without state permission. After a Muslim was fined
for leading Friday prayers, a police officer told Forum 18: "It is not
allowed to pray at any location unless it's approved." Challenged about
open surveillance of Baptists meeting for worship, an official claimed:
"This isn't spying, this is monitoring," adding "we go to mosques,
churches." The Religion Law amendments do not change the legal framework
which facilitates such violations of freedom of religion and belief (see
below).
The draft amendments describe seeking permission for such religious events
from local administrations as "notification". But as officials must give
permission before such events are allowed, this represents a requirement
for advance state permission to exercise human rights, one human rights
defender told Forum 18 (see below).
The legal specialist also questioned why one-off religious events on the
streets, away from a place of worship a community normally uses, require a
special type of permission. "Such events would be more akin to
demonstrations or processions," the legal specialist notes. "And for this
we already have a Law on the Procedure for Organising and Holding Peaceful
Meetings".
The Kazakhstan International Bureau for Human Rights and the Rule of Law
has documented, in a report published on 6 April 2021, that the regime
repeatedly severely restricts exercise of the right of peaceful assembly
and to hold demonstrations (see below).
The Senate removed from the draft amendments a provision that would have
widened the scope of religious material subject to prior compulsory state
censorship. They removed an addition to the Religion Law to define
"informational material of religious content" as including "textual links".
The Religion Law will therefore continue to impose prior compulsory
censorship on "printed, electronic and other information of religious
character on any device" (see below).
All the other provisions of the amendments on Visual Information and
Religious Activity – which were prepared by the Culture and Sports
Ministry - are directed at ensuring that announcements, advertisements and
menus are published in both Kazakh and Russian. It remains unclear why the
Religion Law amendments were included in amendments connected with
language.
"They're behaving very strangely"
The process of preparing and considering these Religion Law amendments has
been opaque. The Information and Social Development Ministry – whose role
includes restricting freedom of religion or belief – initially included
the amendments in a proposed new Law on Social Control made public in
January (https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2680&source=gmail&ust=1638675001285000&usg=AOvVaw1Rg7EwJti3Kk-LCW66in0f">https://www.forum18.org/archi
Minister's Office sent the draft Law for revision on 29 June, ordering that
the provisions amending the Religion Law be removed from that Law.
Yet the Religion Law amendments were suddenly added to amendments to Laws
on Visual Information more than seven months after the Majilis had adopted
the Visual Information amendments in the first reading and just before they
were due for their second reading on 6 October
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2691&source=gmail&ust=1638675001285000&usg=AOvVaw31EfTAq8VIn3sTBrQ5M8Yp">https://www.forum18.org/archi
very strangely," one individual who has been monitoring the proposed
amendments told Forum 18 from the capital Nur-Sultan in October.
Senate adopts amended amendments
After the Majilis adopted the amendments on 6 October they were sent to the
upper house, the Senate. The Senate allocated the amendments to its Social
and Cultural Development and Science Committee, which formed a Working
Group to report its conclusions. The amendments were submitted to the
Senate's Plenary Session on 2 December. The session adopted the amendments
in both their first and second readings, according to the Senate website.
Information and Social Development Deputy Minister Serik Egizbayev, who
oversees the Religious Affairs Committee
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2409&source=gmail&ust=1638675001285000&usg=AOvVaw1HTIwbGbpYMNVO5JBA_ieZ">https://www.forum18.org/archi
Plenary Session to questions. He claimed that no one was trying to restrict
religious meetings held at cemeteries, and that they would be able to go
ahead "without obstruction".
"Notification will be required only for those events initiated by
[registered] religious associations, that is legal entities, due to be
conducted away from [state-registered] places of worship," Egizbayev
claimed to the Senate.
As officials must give permission before such events are allowed,
"notification" represents a requirement for advance state permission to
exercise human rights
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2680&source=gmail&ust=1638675001285000&usg=AOvVaw1Rg7EwJti3Kk-LCW66in0f">https://www.forum18.org/archi
defender told Forum 18 in August.
After the revised amendments were adopted in their second reading, the
Senate sent them back to the Majilis, the lower house. The text in its
adopted form was published on 2 December on the Senate website.
"I don't know why you're asking me"
Serik Egizbayev, the Information and Social Development Deputy Minister
overseeing the Religious Affairs Committee, was present in the Senate on 2
December to answer questions about the amendments. His assistant refused to
put Forum 18 through to him later the same day. "You will have to send your
questions in writing," she insisted.
The telephone of Yerzhan Nukezhanov, chair of the Ministry's Religious
Affairs Committee, went unanswered each time Forum 18 called on 2 and 3
December.
Beimbet Manetov, head of the Information and Department of Law Enforcement
Practice in the Field of Religious Activities at the Religious Affairs
Committee, has been leading the work on the Religion Law amendments. He did
not answer his phone each time Forum 18 called on 2 and 3 December.
Bauyrzhan Bakirov, a Deputy Chair of the Religious Affairs Committee,
refused to answer any questions. "I don't know why you're asking me," he
told Forum 18 on 2 December. "I didn't prepare [the amendments]." He told
Forum 18 to send an official request via the Foreign Ministry.
Already tight restrictions on exercising freedom of religion or belief
Against international law, the regime bans the exercise of freedom of
religion or belief without state permission
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2409&source=gmail&ust=1638675001285000&usg=AOvVaw1HTIwbGbpYMNVO5JBA_ieZ">https://www.forum18.org/archi
religious communities have described the state registration process as
"complex", "burdensome", "arbitrary", "unnecessary" and "expensive".
Even communities that have state permission need permission for the
location of where they hold meetings for worship. Those who violate these
provisions, and those who choose to meet for worship without seeking state
permission, face punishment.
In February 2019, police raided a group of Hare Krishna devotees as they
were meeting for devotional chants
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2464&source=gmail&ust=1638675001285000&usg=AOvVaw0aMvKnrixpNYQvT8AQSLoa">https://www.forum18.org/archi
The Regional Religious Affairs Department drew up a record of an "offence"
against the community and sent it to court. However, the court sent the
case back. The Department later withdrew the case. The raid came four
months after the Hare Krishna community had gained state registration.
The regime also imposes tight restrictions on religious literature and
other materials (https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2409&source=gmail&ust=1638675001285000&usg=AOvVaw1HTIwbGbpYMNVO5JBA_ieZ">https://www.forum18.org/archi
Religious literature is subject to compulsory pre-publication censorship
and – together with icons, pictures and jewellery with religious
inscriptions - can be distributed only in state-approved venues. Sharing
faith with others without state permission is also banned.
In January 2021, a court in Pavlodar fined Alyona Aidina for offering a
copy of the Koran for sale online
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2634&source=gmail&ust=1638675001285000&usg=AOvVaw3ZdvFFLi63Eaj1-pu50-3_">https://www.forum18.org/archi
The regime has used state "expert analyses" of religious texts to target
religious communities. Claims that reading Jehovah's Witness texts harms
mental health led to Jehovah's Witness communities in March and April being
ordered to pay over three years' average wages to plaintiffs. A Justice
Ministry "expert analysis" was used to make the claims
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2634&source=gmail&ust=1638675001285000&usg=AOvVaw3ZdvFFLi63Eaj1-pu50-3_">https://www.forum18.org/archi
despite 63 per cent of the "analysis" being plagiarised and an academic
analysis finding it "cannot be accepted as comprehensive, complete,
scientifically based, or in accordance with the normative demands presented
to the specialists for investigation".
New restrictions on religious meetings
The changes to the Religion Law in the draft approved in the Senate on 2
December, and now back in the Majilis, would make the ability of
state-registered religious communities to hold events away from their
state-registered places of worship more difficult.
Under a new Religion Law Article 7-1, any religious community which wants
to hold a pilgrimage or other event away from their own place of worship
would be forced to get state permission for the event in advance, were
these amendments to be adopted.
The Senate added a provision specifying that this permission requirement
does not apply to religious events specified in Religion Law
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2409&source=gmail&ust=1638675001285000&usg=AOvVaw1HTIwbGbpYMNVO5JBA_ieZ">https://www.forum18.org/archi
This states: "Religious services, religious rituals, ceremonies and
meetings can be held unobstructed in places of worship and at sites
assigned to them, in shrines, in institutions and premises of [registered]
religious associations, at cemeteries and in crematoria, homes, public
eating venues in cases of necessity on condition of observing the rights
and interests of people living nearby."
A legal specialist told Forum 18 that the Senate "tried to remove the
requirement" for religious communities to seek special advance permission
for meetings for worship in rented as well as owned property, "but it did
not do this very successfully".
The legal specialist questions whether ordinary police officers would know
that the new requirements – if adopted – would not apply to religious
communities meeting in rented premises. "Much will depend on the
instructions of religious affairs authorities and the discretion of local
or national officials."
Many Protestant, Jehovah's Witness, and Hare Krishna communities are among
those which do not own their own buildings and meet in such premises.
Between 1 January and 31 August 2021, the regime fined at least 15 people
(one twice) and three organisations for holding meetings for worship,
hosting such meetings, maintaining places for such meetings, or holding
other religious rituals without state permission
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2680&source=gmail&ust=1638675001286000&usg=AOvVaw34g4wgEo8AjDYQZcBfzq6Q">https://www.forum18.org/archi
fined for leading Friday prayers, a police officer told Forum 18: "It is
not allowed to pray at any location unless it's approved." Challenged about
open surveillance of Baptists meeting for worship, an official claimed:
"This isn't spying, this is monitoring," adding "we go to mosques,
churches."
According to the amendments published on the Senate website on 2 December,
the Religion Law changes would require state-registered religious
communities:
- to seek permission for such events from local administrations at least 10
working days in advance;
- and provide precise and exhaustive detail about the proposed event, some
of which the religious community will find difficult to provide in advance.
The precise details required include the date, start and end time, how
people will get there, whether loud speakers will be used, and how many
vehicles will be used as well as their travel route.
Local officials are given many ways to arbitrarily refuse such requests.
They would have five working days from receiving the application to request
extra information if they think the planned activity or the information
supplied is not in accordance with state requirements.
The state-registered religious community would have two working days to
submit a revised application. If the community fails to lodge the revised
application on time, or fails to remove any unspecified inconsistencies in
the application, officials can withhold permission up to two calendar days
before the meeting or event was due to take place.
Decisions on whether an application does not meet state requirements, has
unspecified inconsistencies, or the information supplied is incomplete or
unacceptable in any way, would be made by state officials. The only
possibility of appeal is to resubmit an application.
"Communities would have arranged transport and amplifying equipment, and
advertised the event, and then at the last minute receive news that the
local authority had banned it, when it would be too late to get their money
back," one religious leader told Forum 18 in August
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2680&source=gmail&ust=1638675001286000&usg=AOvVaw34g4wgEo8AjDYQZcBfzq6Q">https://www.forum18.org/archi
The amendments describe seeking permission for such religious events from
local administrations as "notification". But as officials must give
permission before such events are allowed, this represents a requirement
for advance state permission to exercise human rights
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2680&source=gmail&ust=1638675001286000&usg=AOvVaw34g4wgEo8AjDYQZcBfzq6Q">https://www.forum18.org/archi
defender told Forum 18 in August.
The legal specialist also questioned why one-off religious events on the
streets, away from a place of worship a community normally uses, require a
special type of permission. "Such events would be more akin to
demonstrations or processions," the legal specialist notes. "And for this
we already have a Law on the Procedure for Organising and Holding Peaceful
Meetings".
The Kazakhstan International Bureau for Human Rights and the Rule of Law
has documented, in a report published on 6 April 2021
(https://www.google.com/url?q=https://bureau.kz/wp-content/uploads/2021/04/2021_report-pa.pdf&source=gmail&ust=1638675001286000&usg=AOvVaw34xYL4yhodZNbEqXAckPQB">https://bureau.kz/wp-content/
regime repeatedly severely restricts exercise of the right of peaceful
assembly and to hold demonstrations.
Violating human rights obligations
Kazakhstan's international human rights obligations require the regime to
protect the right to freedom of assembly, and of the interlinked freedom of
religion and belief. "The right to freedom of peaceful assembly can be
enjoyed and exercised by individuals and groups (informal or ad hoc), legal
entities and corporate bodies, and unregistered or registered associations,
including trade unions, political parties and religious groups," states the
Guidelines on Freedom of Peaceful Assembly
(https://www.google.com/url?q=https://www.venice.coe.int/webforms/documents/?pdf%3DCDL-AD(2019)017-e&source=gmail&ust=1638675001286000&usg=AOvVaw1tnYYdJk5GcsC4yqEOtAlz">https://www.venice.coe.int/we
produced by the Organisation for Security and Co-operation in Europe (OSCE)
and the Council of Europe's Venice Commission.
"A prior notice requirement is a de facto interference with the right to
freedom of assembly, and any such requirement should therefore be
prescribed by law, necessary and proportionate," the OSCE/Venice Commission
Guidelines add. "A notification regime should never be turned into a de
facto authorization procedure. The procedure for providing advance
notification to the public authorities should not be onerous or overly
bureaucratic."
Similarly, the OSCE / Council of Europe Venice Commission Guidelines on the
Legal Personality of Religious or Belief Communities
(https://www.google.com/url?q=https://www.osce.org/files/f/documents/9/9/139046.pdf&source=gmail&ust=1638675001286000&usg=AOvVaw1XKLB7A2GZ3i8P3mfx1NJF">https://www.osce.org/files/f/
international human rights law: "State permission may not be made a
condition for the exercise of the freedom of religion or belief. The
freedom of religion or belief, whether manifested alone or in community
with others, in public or in private, cannot be made subject to prior
registration or other similar procedures, since it belongs to human beings
and communities as rights holders and does not depend on official
authorization."
The Guidelines also note that this includes "pilgrimages and participation
in assemblies and other religious events," and in paragraphs 5 to 9 outline
the only legally permissible grounds on which the freedom can be limited.
The regime's Visual Information and Religious Activity amendments ignore
these grounds.
Separate proposed Religion Law amendments still current?
The Information and Social Development Ministry has separately prepared
other draft amendments to both the Religion Law and the Administrative
Code.
According to July drafts seen by Forum 18, the Religion Law changes would
remove the requirement for religious objects (such as icons, prayer mats,
Koran stands, religious pictures or jewellery) to need state approval
before they can be sold or distributed. Many people have been fined for
offering such items for sale without state permission. The requirement for
religious literature published by state-registered religious organisations
to undergo state censorship before it could be published, distributed or
imported would be removed. However, anyone else producing written religious
materials would have to submit them for prior compulsory state censorship.
According to July drafts seen by Forum 18, the Administrative Code changes
would halve fines for some "offences" for violating the Religion Law under
Article 490 of the Administrative Code, and the possibility of a warning on
the first occasion would be introduced. The Information and Social
Development Ministry also prepared these amendments, and in August a
Justice Ministry official told Forum 18 that "these amendments haven't been
discussed and approved yet".
The Information and Social Development Ministry's Religious Affairs
Committee refused to answer questions on 2 and 3 December, so it is unclear
if the July changes Religion Law and Administrative Code are still being
considered. If they are, other ministries and then the government as a
whole would have to approve any draft laws before they are sent to
Parliament for adoption. (END)
Full reports on freedom of thought, conscience and belief in Kazakhstan
(https://www.google.com/url?q=https://www.forum18.org/archive.php?query%3D%26religion%3Dall%26country%3D29&source=gmail&ust=1638675001286000&usg=AOvVaw3pquDBoV1vf-oSH6EBjYep">https://www.forum18.org/archi
For more background, see Forum 18's Kazakhstan religious freedom survey
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2409&source=gmail&ust=1638675001286000&usg=AOvVaw0DB5uVAfua5-aXUcQOSwBb">https://www.forum18.org/archi
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D1351&source=gmail&ust=1638675001286000&usg=AOvVaw3K9XxlDk1YCZZ2eoMGVvh2">https://www.forum18.org/archi
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