Source: www.forum18.org
Date: January 28, 2025
https://www.forum18.org/archiv
By Felix Corley, Forum 18, and Mushfig Bayram, Forum 18
On 21 January, President Sadyr Japarov signed into law two new laws which
continue to restrict freedom of religion or belief, the presidential
website announced. The new Religion Law continues to ban all unregistered
exercise of freedom of religion or belief and makes it impossible for
communities with fewer than 500 adult citizen members to gain legal status
(up from 200 in the current Law). For the first time it requires places of
worship of registered religious organisations to also register and bans
sharing faith in public and from door to door. Amendments to the Violations
Code sharply increase fines for those who violate provisions of the
Religion Law.
The new Religion Law comes into force on 1 February 2025. The Amending Law
comes into force 10 days after its official publication date of 24 January
(see below).
"This is a real shame," one religious community leader who wished to remain
anonymous for fear of state reprisals told Forum 18 on 21 January, the day
the President signed the two new Laws (see below).
"The Law is very strict particularly to Muslims," a religious expert told
Forum 18 in January. "The State has chosen one school of thought and has
made it the official version of Islam. The authorities want to control all
Muslims through this and especially the growing young generation of
Muslims" (see below).
"The new Law does not make anything better or easier for us to practice our
faith, but makes it more difficult," a Protestant told Forum 18 in January.
"I have stopped believing in any improvements in the laws or in the
attitude of the government towards us Christians" (see below).
The Hare Krishna community has stopped holding religious meetings following
the signing of the new Laws. "We do not know what to expect now," a devotee
told Forum 18 in January. "We do not want to get into trouble with the
authorities" (see below).
In remarks on his Facebook page after signing the Laws, President Japarov
claimed the only controversial point was the ban on sharing faith door to
door. He insisted that this "has not been regulated in the necessary
manner" and added: "Cases have recently increased of the distribution of
radical materials and books which propagandise incorrect movements." He did
not identify the movements. After listing banned extremist and terrorist
organisations, he then listed 14 communities "whose activities are not
banned by a court". The 14 include Ahmadi Muslims, Seventh-day Adventists,
Protestants, Tengriists, and Jehovah's Witnesses. It remains unclear if
President Japarov believes they too should be banned (see below).
Deputy Director of the State Commission for Religious Affairs (SCRA),
Kanatbek Midin uuly, defended the new Laws. "We respect human rights and
especially freedom of religion and freedom of expression," he insisted to
Forum 18. "We have really really done everything so that citizens can
exercise these Constitutional rights." He claimed the new Religion Law
makes the compulsory registration of religious organisations simpler. He
also denied that only mosques which are part of the state-controlled
Muftiate are able to register (see below).
The Zhogorku Kenesh (Parliament) in Bishkek approved the two new laws in
the second and third readings on 26 December 2024. Of those deputies
present at the final votes, 76 voted in favour, 0 against and 12 abstained
(see below).
One deputy who abstained, Jalolidin Nurbayev, had opposed the proposed ban
on those who share faith door to door. "They simply knock on the door,
invite to the mosque and call only for the good," he stated in December
2024. "There is nothing bad in that." Citing other deficiencies, he called
for the proposed Laws to be withdrawn and reworked (see below).
Muslim and Russian Orthodox leaders were present in the Zhogorku Kenesh for
the 12 December 2024 debate.
The new Religion Law replaces the 2008 Religion Law and subsequent
amendments. The associated new Amending Law in the Area of Religion changes
the 2021 Violations Code, the Political Parties Law, the Laws on Elections
of and Status of Deputies of Local Keneshes [administrations], and the Law
on Status of Deputies of the Zhogorku Kenesh (see below).
The Chair of the Cabinet of Ministers, Akylbek Japarov, submitted the
Kyrgyz and Russian texts of the then draft new Laws to the Zhogorku Kenesh,
which registered them on 25 November 2024. The drafts were available on the
parliamentary website (see below).
Both drafts were prepared by the State Commission for Religious Affairs
(SCRA) (https://www.forum18.org/archi
Security Committee (NSC) secret police
(https://www.forum18.org/archi
Ministry at the regime's initiative, according to the documentation
accompanying the then draft Laws. As of 21 January, the SCRA website does
not mention the two new Laws even though they have passed through the
Zhogorku Kenesh and been signed by the President (see below).
The regime has long wanted to make laws on freedom of religion or belief
harsher. It made public previous draft versions of the two proposed Laws in
November 2023 but later withdrew them. New versions, published for public
discussion in August 2024, contained many similar provisions from the
November 2023 versions that violate Kyrgyzstan's international human rights
commitments (see below).
On 5 September 2024, President Japarov held a meeting of senior officials
and members of a few religious organisations (apparently only from the
Muftiate) to discuss the draft Religion Law. He encouraged "well-known
ulems [Islamic scholars]" to submit their proposals on the draft Law during
the public discussion, according to the presidential website. He added that
"taking into account the views of all parties", the agreed text would then
be submitted to the Zhogorku Kenesh (see below).
"I am afraid that if these changes are adopted, and if the authorities
continue their past strategies, many churches will be closed down," one
Protestant who wished to remain anonymous for fear of state reprisals told
Forum 18. Other religious communities, who also wished to remain anonymous
for fear of state reprisals, told Forum 18 that neither the SCRA
(https://www.forum18.org/archi
officials had informed or consulted them on the proposed new Laws (see
below).
The SCRA (https://www.forum18.org/archi
the Zhogorku Kenesh justifications for producing the two draft laws along
with the texts. The justification for the draft Religion Law claimed among
other reasons that the "objective of the draft law" is to "fulfil the
international obligations of the Kyrgyz Republic" (see below).
The SCRA (https://www.forum18.org/archi
previously prepared multiple drafts of a new Religion Law (most recently in
August 2024), all of which would have continued to violate Kyrgyzstan's
legally binding international human rights obligations, and has argued
against Kyrgyzstan implementing its human rights obligations. The
newly-adopted Religion Law and the Amending Law contains multiple examples
of the regime ignoring legally-binding international human rights
obligations (see below).
The new Religion Law and Amending Law (see below) among other things:
- continue to require all religious communities to gain state registration
before they are allowed to exist or exercise freedom of religion or belief;
- continue to make illegal and punishable any exercise of freedom of
religion or belief by religious communities without state registration;
- impose compulsory re-registration of religious communities every 10
years;
- impose multiple burdensome registration requirements, increasing the high
thresholds for the numbers of founders required for a religious community;
- impose obstacles to founding religious communities, such as requiring a
founding meeting to unanimously vote to establish a community;
- gives the SCRA multiple arbitrary powers to reject registration
applications;
- allow unspecified regime agencies to veto a religious community being
founded;
- bans Muslims from founding any religious communities which are not
controlled by the regime-controlled Muslim Board;
- give the SCRA extensive powers to "control" registered religious
organisations, religious education establishments, and registered places of
worship;
- give the SCRA extensive powers to ban religious communities;
- require registered religious organisations and religious education
establishments to give the SCRA intrusive annual reports on their
organisations and activities;
- require all places of worship to gain state registration from the SCRA;
- require SCRA permission before an individual can conduct unclearly
defined "preaching activity";
- require registered religious organisations and educational establishments
to gain SCRA permission for any religious rituals or other mass events they
plan away from their registered premises;
- continue SCRA censorship of all religious texts and material;
- continue the ban on distributing religious literature or materials "in
public places, as well as by going round residential properties, state and
municipal organisations, and in pre-school and general educational
establishments, with the exception of religious educational
establishments";
- ban sharing faith in public and from door to door;
- ban religious education (whether of children or adults) without SCRA
permission, including allowing the SCRA to control the curriculum;
- require SCRA notification for individuals to travel abroad to study in a
religious educational establishment;
- continue to ban teaching religion individually outside a registered
religious educational establishment;
- require SCRA registration for those sent by foreign religious
organisations "to conduct religious activity in Kyrgyzstan", with only
registered religious organisations being able to apply for such
registration;
- and ban elected members of local keneshes and the national Zhogorku
Kenesh from conducting "religious activity". It is unclear if this means
that elected members cannot be leaders or members of registered religious
organisations, or even be banned from attending any meetings for worship
(see below).
Current Violations Code Article 142 allows the police and the SCRA
(https://www.forum18.org/archi
fines for violating the Religion Law. The new Amending Law's changes to the
Violations Code increase the punishable scope of the exercise of freedom of
religion or belief, and sharply increase fines (see below).
On 28 October 2024, the Supreme Court restored the three-year jail term
(https://www.forum18.org/archi
Muslim prisoner of conscience Asadullo Madraimov which a lower court had
earlier halved. He has been jailed since October 2023 for criticising the
authorities for closing Kara-Suu District's Al-Sarakhsi Mosque.
Between June and November 2024, police and NSC secret police officers
raided Jehovah's Witness worship meetings in two southern towns, a Hare
Krishna meeting and a Protestant conference, handing out many summary fines
and three deportation orders
(https://www.forum18.org/archi
In autumn 2024, police also raided a party attended by members of a
religious community in a member's home after participants sang religious
songs. Police took participants – including children – to the police
station for questioning.
"They seem to be in a rush, and this is alarming"
The regime has long wanted to make laws on freedom of religion or belief
harsher. In 2022, draft Laws were posted for public comments. However, this
was then withdrawn for reworking. It made public draft versions of two
proposed Laws (https://www.forum18.org/archi
November 2023 but later withdrew them.
On 29 August 2024, the regime's draft legislation website posted the Kyrgyz
and Russian texts of two proposed new laws which continued to restrict
freedom of religion or belief. A proposed new Religion Law was to replace
the 2008 Religion Law (https://www.forum18.org/archi
and subsequent amendments.
An associated proposed new Amending Law in the Area of Religion was to
introduce amendments to the 2021 Violations Code
(https://www.forum18.org/archi
Political Parties Law, the Laws on Elections of and Status of Deputies of
Local Keneshes [administrations], and the Law on Status of Deputies of the
Zhogorku Kenesh.
Various religious communities, who all wished to remain anonymous for fear
of state reprisals, told Forum 18 that neither the State Commission for
Religious Affairs (SCRA
(https://www.forum18.org/archi
officials informed or consulted them on the then proposed new Laws. One
religious community leader, who wished to remain anonymous for fear of
state reprisals, stated that the SCRA and other regime bodies "never
consult us, and never ask the opinion of other religious communities which
we know".
The August 2024 justification for the then draft new Religion Law noted
that Kamchybek Tashiyev, one of the Deputy Chairs of the Cabinet of
Ministers as well as Chair of the National Security Committee (NSC) secret
police (https://www.forum18.org/archi
2024 ordered the creation of a working group made up of the SCRA
(https://www.forum18.org/archi
police and the Interior Ministry "as a result of whose work the draft law
is presented".
Tashiyev – who has headed the NSC secret police since October 2020 –
was a driving force behind the attempt to ban the Jehovah's Witness
community (https://www.forum18.org/archi
to the General Prosecutor's Office in July 2021, without giving evidence,
that Jehovah's Witnesses "at various times and in various countries have
been accused of rape, child kidnapping, murder, incitement to murder and
suicide, desertion, fraud, theft, racism, extortion, bodily harm,
prostitution, etc".
On 5 September 2024, President Sadyr Japarov held a meeting of senior
officials (including NSC secret police
(https://www.forum18.org/archi
senior SCRA (https://www.forum18.org/archi
officials) and members of Muslim (apparently only Muslim) religious
organisations to discuss the draft Religion Law. Japarov encouraged
"well-known ulems [Islamic scholars]" to submit their proposals on the
draft Law during the public discussion, according to the presidential
website. He added that "taking into account the views of all parties", the
agreed text would then be submitted to the Zhogorku Kenesh.
The regime's draft legislation website said both draft laws were open for
public discussion until 28 September 2024. Comments began to appear under
both draft Laws on 2 September, and most were critical of specific
provisions (https://www.forum18.org/archi
The SCRA (https://www.forum18.org/archi
that, of the 25 comments it received on the proposed new Religion Law, 6
were taken into consideration. It claimed that the 19 rejected comments had
complained about the proposed Laws' restrictions on freedom of religion or
belief without giving specific details of what they objected to.
The Catholic Apostolic Administration had asked that the maximum period of
three years for foreign missionaries be abolished or reviewed. SCRA
(https://www.forum18.org/archi
said this had been rejected
(https://www.forum18.org/archi
the "optimal" length and it had long been intended to introduce that in the
law "with the aim of controlling the number of foreign citizens
(missionaries) as well as preventing the mass influx of foreign citizens
(missionaries)".
The Catholic Apostolic Administration had also called for the period of
registration to be increased from the then proposed limit of 5 years to 15
years. SCRA Chair Yusupov said this had partially been taken into account
by making the registration period 10 years
(https://www.forum18.org/archi
SCRA Chair Yusupov claimed in his 25 November 2024 justification for the
Law (see below) that the draft Religion Law's ban on sharing faith door to
door "has been agreed with the representatives of Kyrgyzstan's traditional
religious confessions", which he identified as the regime-controlled Muslim
Board (https://www.forum18.org/archi
the Russian Orthodox Church. He said they had "fully supported" the move.
The Council of Ulems (Muslim scholars) "has presented a document saying
that going door to door is not compulsory in Islam".
Various smaller religious communities, who all wished to remain anonymous
for fear of state reprisals, told Forum 18 in December 2024
(https://www.forum18.org/archi
religious communities had not been consulted about the draft Law.
The regime then reworked the two draft Laws, with the participation of
Chinara Musabekova, a lecturer at the Higher School of Justice under the
Supreme Court and an official in the Association of Women Judges. However,
the regime appears to have ignored at least some of her views. She told
Forum 18 on 12 December 2024
(https://www.forum18.org/archi
disagreements" with Zhogorku Kenesh "experts".
For example, Musabekova stated that she did not understand why the
unregistered exercise of freedom of religion or belief, including meeting
others privately for worship and studying sacred texts, must be regulated
by the state. "I told the Zhogorku Kenesh that we must distinguish between
those who want to be a regular religious organisation, and small numbers of
people who want to meet in private." She also stated that compulsory state
registration in order to exist "is not right in terms of jurisprudence".
Musabekova also told Forum 18: "Demanding 500 founders living in the same
district for registration is not just." She observed that "this will put
religious communities in a very difficult situation," as it will be
particularly difficult for smaller religious communities.
"I do not understand why Muslims, who are a majority in the country, must
be put under even greater state control," Musabekova added. "Why must all
Muslims, some of whom may have different views on Islam than the Chief
Mufti, be put under his control?" She noted that "fear of extremism is
always there. But the way to struggle against extremism is to not severely
control Muslims or their beliefs."
Musabekova was not consulted about the Amending Law.
President Japarov held a further meeting of senior NSC secret police
(https://www.forum18.org/archi
(https://www.forum18.org/archi
Muslim leaders, on 8 November 2024. Japarov told them that the aim of the
new Religion Law is "to strengthen the position of the Muftiate [the
regime-controlled Muslim Board
(https://www.forum18.org/archi
Ulems [Islamic scholars]" and promote "unity among Muslims", according to
the presidential website. He insisted that Dawah (calling Muslims to faith)
was not being banned.
The Chair of the Cabinet of Ministers, Akylbek Japarov, submitted the
Kyrgyz and Russian texts of the then draft new Laws to the Zhogorku Kenesh,
which registered them on 25 November 2024. The drafts were available on the
parliamentary website.
The various parliamentary committees approved the two draft Laws between 9
and 11 December 2024. In the Law and Order Committee, SCRA
(https://www.forum18.org/archi
answered deputies' questions. Asked whether the Islamic-inspired Yiman Nuru
(Light of Faith) Party, which has five deputies, would be allowed to
compete in future elections, he said they would not (see below).
A human rights defender, who wished to remain anonymous for fear of state
reprisals, told Forum 18 on 11 December 2024
(https://www.forum18.org/archi
discussing the draft Law in secrecy without publishing on its website the
details of discussions and their results," adding that "they seem to be in
a rush, and this is alarming."
Multiple Zhogorku Kenesh deputies and officials involved in the passage of
the draft Religion Law and the Amending Law, who Forum 18 contacted between
11 and 13 December 2024, refused to discuss either law
(https://www.forum18.org/archi
The Organisation for Security and Co-operation in Europe (OSCE)'s Office
for Democratic Institutions and Human Rights (ODIHR) "has not received any
request from Kyrgyzstan to review either of these draft laws
(https://legislationline.org/l
able to do so if asked", Katya Andrusz, ODIHR Spokesperson, told Forum 18
on 11 December 2024. Similarly, the Council of Europe's Venice Commission
told Forum 18 on 11 December that it had not received a request to review
the draft laws
(https://www.venice.coe.int/We
Parliament adopts, President signs restrictive new Laws
The Zhogorku Kenesh (Parliament) in Bishkek approved the two new laws in
the first reading on 12 December 2024
(https://www.forum18.org/archi
Orthodox leaders were present in the Zhogorku Kenesh for the 12 December
debate. Of the deputies present, 65 voted in favour of each draft Law and
only 1 against.
The Zhogorku Kenesh approved the two new laws in the second and third
readings on 26 December 2024. Of those deputies present at the final votes,
76 voted in favour, 0 against and 12 abstained.
One deputy who abstained, Jalolidin Nurbayev, had opposed the proposed ban
on those who share faith door to door. "They simply knock on the door,
invite to the mosque and call only for the good," he stated in December
2024 (https://www.forum18.org/archi
nothing bad in that." Citing other deficiencies, he called for the proposed
Laws to be withdrawn and reworked.
On 21 January 2025, President Sadyr Japarov signed into law the two new
laws which continue to restrict freedom of religion or belief, the
presidential website announced.
The new Religion Law comes into force on 1 February 2025. The Amending Law
comes into force 10 days after its official publication on 24 January.
In remarks on his Facebook page on 21 January after signing the Laws,
President Japarov claimed the only controversial point was the ban on
sharing faith door to door. He insisted that this "has not been regulated
in the necessary manner" and added: "Cases have recently increased of the
distribution of radical materials and books which propagandise incorrect
movements." He did not identify the movements. He insisted that the
state-controlled Muslim Board (Muftiate) and Council of Ulems (Muslim
scholars) should regulate who has the right to share their faith in public.
After listing banned extremist and terrorist organisations, President
Japarov then listed 14 communities "whose activities are not banned by a
court". The 14 include Ahmadi Muslims, Seventh-day Adventists, Protestants,
Tengriists, and Jehovah's Witnesses. It remains unclear if he believes they
too should be banned.
Deputy Director of the State Commission for Religious Affairs (SCRA),
Kanatbek Midin uuly, defended the new Laws. "We respect human rights and
especially freedom of religion and freedom of expression," he insisted to
Forum 18 from Bishkek on 28 January. "We have really really done everything
so that citizens can exercise these Constitutional rights." He claimed the
new Religion Law makes the compulsory registration of religious
organisations simpler.
"The Law is very strict particularly to Muslims," a religious expert –
who asked not to be identified for fear of state reprisals - told Forum 18
in January. "The State has chosen one school of thought and has made it the
official version of Islam. The authorities want to control all Muslims
through this and especially the growing young generation of Muslims."
"The new Law does not make anything better or easier for us to practice our
faith, but makes it more difficult," a Protestant – who asked not to be
identified for fear of state reprisals - told Forum 18 in January. "I have
stopped believing in any improvements in the laws or in the attitude of the
government towards us Christians."
The Hare Krishna community has stopped holding religious meetings following
the signing of the new Laws. "We do not know what to expect now," a devotee
– who asked not to be identified for fear of state reprisals - told Forum
18 in January. "We do not want to get into trouble with the authorities."
"To .. fulfil the international obligations of the Kyrgyz Republic"?
The SCRA (https://www.forum18.org/archi
Zhogorku Kenesh on 25 November 2024 with its justification for producing
the then draft Religion Law, and the then draft Amending Law, along with
both texts. The justification for the draft Religion Law – signed by SCRA
Chair Azamat Yusupov - claimed that the draft Law is dictated by the need
to enact the rights to freedom of belief and the activity of religious
organisations in the light of the new May 2021 Constitution.
The new Constitution was strongly criticised in a Council of Europe Venice
Commission and Organisation for Security and Co-operation in Europe's
(OSCE) Office for Democratic Institutions and Human Rights (ODIHR) March
2021 Joint Opinion (https://www.forum18.org/archi
as well as by Human Rights Watch and local and international human rights
defenders.
"The objective of the draft law," the justification for the then draft
Religion Law prepared by the SCRA
(https://www.forum18.org/archi
improve the legislative framework, fulfil the international obligations of
the Kyrgyz Republic, and ensure continuity and consistency of state policy
in the religious sphere." It also claimed that the 2008 Religion Law
contains "numerous inconsistencies and gaps" affecting half that Law.
SCRA (https://www.forum18.org/archi
falsely claimed that adopting the new Religion Law would have "no negative
social, economic, legal, human rights, gender, ecological, or corruption
consequences".
The Amending Law – which included changes to the Violations Code - was
accompanied by a separate justification.
UN concerns
On 18 December 2023, four United Nations Special Rapporteurs – including
Nazila Ghanea, Special Rapporteur on Freedom of Religion or Belief –
wrote to the regime (KGZ 6/2023
(https://spcommreports.ohchr.o
expressing concern about provisions in the November 2023 draft Religion Law
(which was adapted into the current November 2024 draft).
The Special Rapporteurs asked the regime
(https://www.forum18.org/archi
contentions provisions "are compatible with international human rights
standards regarding the right to freedom of religion or belief, and the
rights to freedom of peaceful assembly and freedom of association".
The Special Rapporteurs asked the regime to inform them of measures it had
taken or was planning to take to ensure the proposed Law's compliance with
the country's obligations under international human rights law. As of 28
January 2025, the United Nations website does not list any response from
the regime to their letter.
In December 2022, the UN Human Rights Committee's Concluding Observations
on Kyrgyzstan (CCPR/C/KGZ/CO/3 (https://www.undocs.org/CCPR/C
stated – as have previous Concluding Observations - among other things
that Kyrgyzstan should: "Expedite the adoption of the legislative
amendments to the Freedom of Religion and Religious Organizations Act and
ensure that all limitations that are incompatible with article 18 ["Freedom
of thought, conscience and religion"] of the Covenant [the ICCPR] are
removed .."
Regime denies legally binding human rights obligations are legally binding
Kyrgyzstan ratified both the International Covenant on Civil and Political
Rights
(https://www.ohchr.org/en/inst
(ICCPR) and its Optional Protocol (OP1) (under which individual complaints
are made
(https://www.ohchr.org/sites/d
7 October 1994. By voluntarily doing this, Kyrgyzstan took on both the
binding international human rights law obligations of the ICCPR, and the
obligation to correct any violations of its obligations
(https://www.ohchr.org/en/inst
– such as violations found by the UN Human Rights Committee.
Individual complaints include those concerning Jehovah's Witness
communities, which have been repeatedly denied state registration
(https://www.forum18.org/archi
communities. Such denials have "a chilling effect", Jehovah's Witnesses
note. They took their cases to the UN Human Rights Committee, which in two
decisions so far have found that Kyrgyzstan violated the rights of
Jehovah's Witnesses (https://www.forum18.org/archi
by arbitrarily refusing their communities in Naryn, Osh, and Jalal-Abad
regions state registration.
SCRA (https://www.forum18.org/archi
claimed – wrongly – that Human Rights Committee views "are for
consideration but not for implementation"
(https://www.forum18.org/archi
court officials refused to explain to Forum 18 in July 2023 why the SCRA
rejected registration applications – including after the Human Rights
Committee decisions - ignored repeated Human Rights Committee decisions,
and why the SCRA claimed that Kyrgyzstan's legally binding international
human rights law obligations are not legally binding.
As the Laws were being prepared in autumn 2024, Jehovah's Witnesses
expressed concern that provisions "would severely restrict religious
freedom and freedom of expression". They were concerned that it will be
illegal for Jehovah's Witnesses to meet for worship privately in Regions
(especially in the south) where officials have repeatedly rejected
applications to register a religious organisation.
The new Religion Law and the Amending Law – including its changes to the
Violations Code - contain multiple examples of the regime ignoring
Kyrgyzstan's legally-binding international human rights obligations.
Attempting to put a barrier between freedoms
Much of the new Religion Law is taken up with attempting to creating a
barrier between exercising the right to freedom of thought, conscience and
religion (International Covenant on Civil and Political Rights
(https://www.ohchr.org/en/inst
- ICCPR, Article 18) and other rights, such as the freedoms of expression,
peaceful assembly, and association. All of these freedoms are already
threatened and violated by the regime
(https://www.hrw.org/europe/ce
threatened by the new Religion Law also include the right to participate in
public affairs (ICCPR Article 25 - "Participation in Public Affairs and the
Right to Vote" – see below)
The regime's attempt to create a barrier between rights violates the UN
Vienna Declaration and Programme of Action
(https://www.ohchr.org/en/inst
which states: "All human rights are universal, indivisible and
interdependent and interrelated."
Similarly, the Siracusa Principles on the Limitation and Derogation
Provisions (https://www.refworld.org/lega
in the International Covenant on Civil and Political Rights state: "No
limitations or grounds for applying them to rights guaranteed by the
Covenant are permitted other than those contained in the terms of the
Covenant itself." The Siracusa Principles go on to state: "The requirement
expressed in article 12 of the Covenant, that any restrictions be
consistent with other rights recognized in the Covenant, is implicit in
limitations to the other rights recognized in the Covenant."
"Illegal" exercise of freedom of religion or belief
Under the current Religion Law, the unregistered exercise of freedom of
religion or belief is illegal and punishable
(https://www.forum18.org/archi
the new Religion Law continues this restriction, specifying that the
exercise of freedom of religion or belief without SCRA registration is
illegal and punishable under the Violations Code.
Article 24 specifies that the activity of registered religious
organisations "is forcibly terminated by court decision in cases of
multiple violations of the norms of the Constitution, this Law or other
Laws or in cases of the systematic carrying out of activity contradicting
the aims in the Statute". Such a decision makes any activity by the
liquidated religious community illegal and punishable.
The OSCE / Council of Europe Venice Commission Guidelines on the Legal
Personality of Religious or Belief Communities
(https://www.osce.org/files/f/
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 Amending Law rewords the provision in Violations Code Article 142 to
punish those who exercise freedom of religion or belief or use a place of
worship without state permission with a fine of 200 Financial Indicators
(FIs) on individuals (20,000 Soms, equivalent to three weeks' average
wages) and 650 FIs on organisations. The Violations Code allows the police
and the SCRA (https://www.forum18.org/archi
summary fines for violating Article 142.
"Impossibly high" registration requirements
Under Article 9 of the new Religion Law:
- local religious organisations, which can function only in the
administrative territory where they are registered, and require at least
500 adult citizen founders living in a single Region of the country;
- and central spiritual administrations.
Under Article 23, those with criminal records are not allowed to act as a
founder or religious community leader.
(The current Religion Law requires religious organisations to have 200
adult founders (https://www.forum18.org/archi
anywhere in the country.)
A Protestant expressed concern about the large numbers of adult citizens
that would be needed to register regional and national bodies after the
November 2023 version of the new Religion Law was made public. "We have
difficulty collecting signatures of 200 persons at the moment to register
in one locality," the Protestant told Forum 18 in November 2023
(https://www.forum18.org/archi
that the authorities do not want the participation of Protestant Churches
in the decision-making process in the area of freedom of religion or belief
on the national or regional level. They want to limit our exercise of
freedom of religion or belief as much as they can."
Many smaller religious communities of a range of beliefs have not sought
state registration as they are, they told Forum 18 in July 2023
(https://www.forum18.org/archi
reprisals for themselves as communities as well as their members". They
fear that if regime agencies are given – as is required – the personal
details of founders this will lead to state surveillance of their private
lives, and possible later targeting by regime agencies.
A human rights defender, who wished to remain anonymous for fear of state
reprisals, observed to Forum 18 on 11 December 2024 that "many people will
not want to identify themselves to the regime as founders of a religious
community".
Fears of state reprisals have grown since 2019, and as a member of a
religious community commented to Forum 18
(https://www.forum18.org/archi
"practically speaking, registration only gives you permission to exist.
Registration does not give you the freedoms one should expect."
In known incidents in 2023 of regime targeting of registered communities
(https://www.forum18.org/archi
was raided by the SCRA
(https://www.forum18.org/archi
police (https://www.forum18.org/archi
Police "Department for the Struggle against Extremism and Illegal
Migration", with congregation members detained at gunpoint, and two nuns
each fined the equivalent of just over two weeks' average wages for reading
the Bible at Mass. After the raid, the SCRA threatened to ban the Catholic
Church nationwide (https://www.forum18.org/archi
Hare Krishna wedding rehearsal was also raided, the host fined, and Indian
students present had their visas revoked. Elsewhere, two foreigners at a
registered Protestant church were also fined.
The Interior Ministry, police "Departments for the Struggle against
Extremism and Illegal Migration", the SCRA
(https://www.forum18.org/archi
police (https://www.forum18.org/archi
explain to Forum 18 (https://www.forum18.org/archi
why they violate legally-binding international human rights obligations.
"Setting the impossibly high threshold of 500 signatory founders living in
the same district will seriously limit the number of religious communities,
and denies the reality that we are a multi-confessional society," a human
rights defender, who wished to remain anonymous for fear of state
reprisals, told Forum 18 on 11 December 2024
(https://www.forum18.org/archi
The human rights defender added: "Many religious communities will not be
able to collect the 500 signatures, and will run into trouble with the
authorities for exercising their constitutional right to freedom of
religion or belief without state permission." They observed that, as a
result, "members of communities will not be able to meet to read religious
texts or pray and worship together. They also will not be able carry out
charitable or other activities."
Various smaller religious communities, who all wished to remain anonymous
for fear of state reprisals, told Forum 18 in December 2024
(https://www.forum18.org/archi
that the draft Law is aiming to push various smaller religious communities
into unions of so-called 'central spiritual administrations', which will
make it easier for the regime to control individual religious communities
and their clergy" (see below).
A Protestant who wished to remain anonymous for fear of state reprisals
told Forum 18 that their Church "doubted that anyone will be able to
receive registration under the requirement for 500 founders". They added
that "if by chance registration is given to a church, they will be asked to
re-register every 10 years. This will push them into repeating the same
burdensome process."
Another Protestant agreed. "It will be almost impossible to register new
Churches with 500 founders," the Protestant told Forum 18 in January 2025.
The OSCE / Council of Europe Venice Commission Guidelines on the Legal
Personality of Religious or Belief Communities
(https://www.osce.org/files/f/
"burdensome requirements that are not justified under international law
include, but are not limited to, the following: that the registration
application be signed by all members of the religious organization and
contain their full names, dates of birth and places of residence .. that
excessively detailed information be provided in the statute of the
religious organization; that the religious organization has an approved
legal address; or that a religious association can only operate at the
address identified in its registration documents".
Legislation, the Guidelines also note, "should not make obtaining legal
personality contingent on a religious or belief community having an
excessive minimum number of members".
Article 9, Part 5 of the new Religion Law requires all the founders of any
religious organisation to be personally present at a meeting that formally
founds the organisation and chooses its leadership. All participants have
to vote unanimously to found the organisation. A simple majority of votes
is required to choose the leaders.
It remains unclear what prevents an individual who does not want a specific
religious organisation to exist – for example a regime official - from
attending a founding meeting, and voting against its founding.
Founders of a religious organisation are also considered the members of it.
Under Article 9, Part 10, a religious community's application requires a
full list of all the founders. It has to list their full names,
citizenship, registered address and passport details. This list has to be
legally notarised. (The current Religion Law has the same requirement
(https://www.forum18.org/archi
It appears that - for example - a local religious community gathers 500
adult citizens living locally, and they unanimously agree to found a
religious organisation, and submit an application and associated
documentation. If the SCRA
(https://www.forum18.org/archi
the 500 is ineligible, the local religious community's application is to be
rejected. The religious community would then have to start the whole
procedure again by calling a new founders' meeting and preparing a new
application.
Article 21, Part 4 allows the religious community to appeal against a SCRA
(https://www.forum18.org/archi
application and associated documents have been returned to the community.
The appeal must be made in accordance with the law on administrative
procedures.
Under Article 9, Part 10, religious communities applying for registration
have to include with their application a document with "information about
the basics of the doctrine and the practice corresponding to it, including
the history of its origin, the forms and methods of its activities, the
attitude towards family and marriage, education, the peculiarities of the
attitude towards the health of followers of the given religion, and
restrictions for members and servants of the organisation regarding civil
rights and obligations". (The current Religion Law has the same requirement
(https://www.forum18.org/archi
The OSCE / Council of Europe Venice Commission Guidelines on the Legal
Personality of Religious or Belief Communities
(https://www.osce.org/files/f/
must respect the autonomy of religious or belief communities when
fulfilling its obligation to provide them with access to legal personality.
.. states should observe their obligations by ensuring that national law
leaves it to the religious or belief community itself to decide on .. the
substantive content of its beliefs .. In particular, the state should
refrain from a substantive as opposed to a formal review of the statute and
character of a religious organization."
Religious communities also have to include documentary evidence that they
have a suitable venue, which could not be a residential address, with all
documentation related to the venue's purchase or rental.
Article 10, Part 3 of the new Religion Law requires religious organisations
to include in their statute "the territories in which the religious
organisation carries out its activity".
Under Article 21, the SCRA
(https://www.forum18.org/archi
consider registration applications. The SCRA checks "the veracity of
information and accordance with the current Law" of the application and
associated documents. The SCRA is allowed an extra 30 days if it considers
it necessary to get an "expert analysis" on "controversial issues".
Article 21 specifies that, "in cases of necessity", the SCRA
(https://www.forum18.org/archi
extra information or to forward the applicant's documents to the
"appropriate state organs" (unspecified). These would probably be the
Interior Ministry and the NSC secret police
(https://www.forum18.org/archi
Article 23 allows the SCRA
(https://www.forum18.org/archi
applications if an "expert analysis" finds a "failure to abide by the
demands of legislation on countering extremist activity".
The OSCE's Freedom of Religion or Belief and Security: Policy Guidance
(https://www.osce.org/files/f/
"'extremism' is an imprecise term without a generally accepted definition,
which leaves it open to overly broad and vague interpretations and opens
the door to arbitrary application of the law".
The NSC secret police (https://www.forum18.org/archi
already stops registration applications
(https://www.forum18.org/archi
religious communities (such as Jehovah's Witnesses), and has been
responsible for the banning of Ahmadi Muslims.
Regime "expert analyses" of religious materials and religious communities'
beliefs have been used to justify regime human rights violations, such as
censoring and banning films and texts officials dislike
(https://www.forum18.org/archi
entire religious community, and in August 2023 jailing a Protestant for six
months for questioning regime policy on freedom of religion or belief
(https://www.forum18.org/archi
Article 9, Part 9 allows individuals to check in advance with the SCRA
(https://www.forum18.org/archi
for a religious organisation would be suitable.
Under Article 18, Part 1 a registered religious organisation is required to
re-register (under the full requirements imposed for registration) in the
case of reorganisation, a change of name, amendments to the statute, or if
a court orders re-registration. They are also required to re-register when
the 10-year validity of their registration certificate runs out (see
below).
Religious organisations must re-register every 10 years
The new Religion Law divides registered religious organisations (the only
ones allowed to exist and function) into central and local organisations.
Article 9, Part 2 specifies that the required compulsory SCRA
(https://www.forum18.org/archi
more than 10 years. Religious organisations that want to continue to
function are then required to undergo re-registration. No reason is given
for the 10-year time limit on the validity of registration.
Article 18 specifies that re-registration applications entail the same
requirements as in the original registration procedure. This requires a
meeting of all the adult citizen founders and preparation of all required
documentation.
The current Religion Law
(https://www.forum18.org/archi
the duration of registration. Article 40 of the new Religion Law specifies
that, when the new Religion Law comes into force on 1 February 2025,
provisions (such as existing state registration) related to registered
religious organisations do not have retroactive force. It appears that
religious organisations that have registration at the time the new Law
enters legal force will have to re-register 10 years later.
One Protestant expressed concern about the draft November 2023 provision
that religious communities would have to re-register every five years when
that draft was made public. "We believe that they will use this to close
down any church they do not like," they told Forum 18 in November 2023
(https://www.forum18.org/archi
Another Protestant, who wished to remain anonymous for fear of state
reprisals, described the "repetition of this [re-registration] process" to
Forum 18 as "an immense burden".
Jehovah's Witnesses have also expressed their concern about being required
to re-register. "This proposed 're-registration' process can be used as a
tool to deny registration to religious minorities," they warned. "The
pending criminal case against Jehovah's Witnesses
(https://www.forum18.org/archi
used against them."
Jehovah's Witnesses also expressed concern that many of their smaller
communities would not have enough members to be eligible to apply for state
registration.
Compulsory re-registration linked with denials of communities' existing
legal status is illegal under international law. As the OSCE / Council of
Europe Venice Commission Guidelines on the Legal Personality of Religious
or Belief Communities
(https://www.osce.org/files/f/
where new provisions to the system governing access to legal personality of
religious or belief communities are introduced, adequate transition rules
should guarantee the rights of existing communities. Where laws operate
retroactively .. (for example, requiring reapplication for legal
personality status under newly-introduced criteria), the state is under a
duty to show that such restrictions are compliant with the criteria set out
in Part I of these Guidelines."
The Guidelines' Part 1 outlines the permissible restrictions on the freedom
of religion or belief, including that "limitations may not be retroactively
or arbitrarily imposed on specific individuals or groups; neither may they
be imposed by rules that purport to be laws, but which are so vague that
they do not give fair notice of what the law requires or which allow for
arbitrary enforcement
(https://www.osce.org/files/f/
The Guidelines go on to note that "the state must demonstrate the objective
reasons that would justify a change in existing legislation, and show that
the proposed legislation does not interfere with the freedom of religion or
belief more than is strictly necessary in light of those objective
reasons".
Central spiritual administrations given power over individual communities
Under Article 11 of the new Religion Law, only religious organisations of
one faith are allowed to form one central spiritual administration.
Article 11, Part 2 also specifies that for Muslims, the central spiritual
administration is the regime-controlled Muslim Board
(https://www.forum18.org/archi
appears to prevent the formation of independent nationwide Muslim bodies
that are not controlled by the regime. Why Muslims are targeted by this
restriction is not explained.
SCRA Deputy Director Kanatbek Midin uuly repeatedly denied that this
provision bans Muslim communities that are not subject to the Muftiate from
gaining state registration. Asked if this means that independent Muslims,
Ahmadi Muslims or Shia Muslims can gain state registration, he told Forum
18 on 28 January that they could. He refused to discuss why in July 2011
the SCRA refused to re-register the Ahmadi Muslim community
(https://www.forum18.org/archi
Security Committee (NSC) secret police told the SCRA that Ahmadi Muslims
are a "dangerous movement and against traditional Islam".
Article 11 defines the functions of a central spiritual administration as,
among others, to name leaders of religious educational establishments (see
below) and of individual communities under the central spiritual
administration. This will prevent imams not appointed by the
state-controlled Muslim Board
(https://www.forum18.org/archi
communities.
Central spiritual administrations are also responsible for applying to the
SCRA (https://www.forum18.org/archi
build religious educational establishments and places of worship "on the
basis of actual needs and the numbers of believers of the confession in a
specific populated place".
SCRA given extensive arbitrary "control" powers
Under Article 36 of the new Religion Law, the SCRA
(https://www.forum18.org/archi
branches exercise "control" over how registered religious organisations and
religious education establishments, as well as registered places of
worship, abide by the provisions of the Religion Law and their own
statutes.
The SCRA has the right to demand administrative and financial documents
from the leadership of registered religious organisations. (The current
Religion Law has the same provision
(https://www.forum18.org/archi
right to seek such information from state tax and statistics authorities,
as well as from banks.
The SCRA (https://www.forum18.org/archi
right to send its officials to attend events by registered religious
organisations. (The current Religion Law has the same provision
(https://www.forum18.org/archi
The SCRA is empowered to inspect registered religious organisations,
religious education establishments and place of worship. Regime agencies
and municipal bodies can ask the SCRA to conduct such an inspection of a
particular religious organisation or place of worship.
Under Article 37, if SCRA
(https://www.forum18.org/archi
violation of the Religion Law during such an inspection, the SCRA issues a
written warning to the religious organisation specifying a deadline (of up
to 30 days) by which it has to have ended the violation.
If the religious organisation does not in the SCRA's view end the violation
within the SCRA's deadline, the SCRA can, under Article 37, ban the
organisation's activity for up to 90 days. If the religious organisation
still does not in the SCRA's view end the violation within that period, the
SCRA can go to court to liquidate the organisation. This makes all exercise
of freedom of religion or belief by the organisation illegal. (The current
Religion Law has similar provisions
(https://www.forum18.org/archi
The exercise of freedom of religion or belief by religious organisations
can also be "halted, liquidated or banned" if they violate the July 2022
Countering Terrorism Law and the February 2023 Countering Extremist
Activity Law. This Law has been criticised by human rights defenders
(http://birduino.kg/en/press/r
Intrusive reporting requirements
Article 36 of the new Religion Law specifies that the SCRA
(https://www.forum18.org/archi
branches check that every type of religious organisation and their approved
places of worship act in accordance with their statutes and the
requirements of the Religion Law. The SCRA is empowered to demand to see
administrative and financial documents, send officials to attend events,
and inspect financial and other transactions.
Article 36 requires registered religious organisations, religious education
establishments, and religious charities to provide the tax authorities and
the SCRA with intrusive reports revealing extensive personal,
organisational, and financial information.
Reports to the SCRA (https://www.forum18.org/archi
are to include "an annual report on its activities, including religious
premises, personnel of governing bodies, employees, teachers and students
for a religious educational establishment, as well as documents on the
expenditure of funds and the use of other property, including those
received from international and foreign organisations, foreign citizens and
stateless persons".
(The current Religion Law has similar reporting requirements
(https://www.forum18.org/archi
If a religious organisation fails to supply the annual report, the SCRA
issues a written warning. If it fails to comply within the SCRA's deadline
of up to 30 days, the SCRA can, under Article 37, ban the organisation's
activity for up to 90 days. If it then fails to comply within that period,
the SCRA can go to court to liquidate the organisation (thereby rendering
all its activity illegal).
If a religious organisation commits a violation for the second time within
a year, the SCRA can go to court to have the organisation liquidated.
(The current Religion Law specifies a much wider range of reasons
(https://www.forum18.org/archi
court to liquidate a religious organisation, such as if it is harming
individuals' life or health, forcing adherents to hand over their property,
or encouraging suicide.)
Places of worship require registration
Article 17 of the new Religion Law requires state registration with the
SCRA (https://www.forum18.org/archi
used by both registered religious organisations (including places of
worship), and by registered religious education establishments. Such
buildings can only be used after they have gained state registration.
In the 25 November justification for the Religion Law (see above), SCRA
(https://www.forum18.org/archi
that registering places of worship and banning building them on private
land is necessary because "the building of religious buildings has been
chaotic because of the absence of laws".
Registration applications for communities under a central spiritual
administration can only be lodged by the administration, which also owns
the building. This means, for example, that the Muslim Board is the only
body allowed to apply for approval of a new mosque.
If a religious community is not part of a registered central spiritual
administration, the local community must apply for registration for its
place of worship.
Applications to register a place of worship need to include documents
confirming the ownership, rental or other legal use of the building.
A Protestant, who wished to remain anonymous for fear of state reprisals,
described the registration requirement for places of worship in the
November 2023 draft Religion Law as "an extra burden on religious
organisations". "Getting such registration will be a difficult process,
since the NSC secret police
(https://www.forum18.org/archi
Ministry, and local mayors' office will have to give permission for such
registration," the Protestant told Forum 18 in November 2023
(https://www.forum18.org/archi
a religious building could mean that the community may be banned in future
to use it for other purposes for its members or the wider public."
Under Article 17, Part 10, building places of worship on land owned by
individuals is banned.
A Protestant, who wished to remain anonymous for fear of state reprisals,
told Forum 18 on 12 December 2024
(https://www.forum18.org/archi
church buildings on private land will be very difficult, as the state
authorities will invent excuses not to give permission."
The Protestant also noted that "using private homes to exercise freedom of
religion or belief with others will be banned under the Law," adding: "This
will make meeting for worship almost impossible for many churches." This
will have force religious communities into central spiritual
administrations to get state registration for their buildings, "which will
make state control of religious communities easier, and also allow the
regime to decide how many religious buildings will be allowed".
Once a religious building is registered, under Article 17 the owner is
required to notify the local administration where it is based within five
working days of its registration and its address. The owner's name,
address, phone number, e-mail address and passport details must also be
provided. The owner needs to send confirmation of this notification to the
SCRA (https://www.forum18.org/archi
working days.
The Cabinet of Ministers is in charge of setting out provisions for
building, reconstructing or changing the usage of such religious buildings.
Article 17 specifies that the n