Source: www.forum18.org
Date: September 5, 2024
https://www.forum18.org/archiv
By Felix Corley, Forum 18, and Mushfig Bayram, Forum 18
On 29 August, the government's draft legislation website posted the Kyrgyz
and Russian texts of two proposed new laws which would continue to restrict
freedom of religion or belief. A proposed new Religion Law would replace
the 2008 Religion Law and subsequent amendments. An associated proposed new
Amending Law in the Area of Religion would introduce amendments to the 2021
Violations Code, as well as the laws on political parties, on elections to
and deputies of local keneshes (administrations), and on parliamentary
deputies.
The government made public the two new proposed Laws just ten months after
previous draft versions were made public in November 2023 and then
withdrawn. The new versions contain many similar provisions from the
November 2023 versions that violate Kyrgyzstan's international human rights
commitments (see below).
Both drafts were prepared by the State Commission for Religious Affairs
(SCRA), the National Security Committee (NSC) secret police and the
Interior Ministry at the initiative of the Government. Both draft laws are
open for public discussion until 28 September. As of 4 September, the SCRA
website makes no mention of the proposed new Laws or that they are open for
public discussion (see below).
Officials at the SCRA did not answer their phones each time Forum 18
called. Colonel Asylbek Mambetov, Deputy Head of the Interior Ministry's
Department for the Struggle against Extremism and Terrorism – identified
by a colleague as knowing "all the issues related to the Law" – refused
to answer Forum 18's questions (see below).
Several religious communities, who asked Forum 18 not to identify them for
fear of state reprisals, complained that neither the SCRA nor other State
authorities have informed or consulted them on the proposed new Laws (see
below).
The new Religion Law – if eventually adopted by Parliament, the Zhogorku
Kenesh, in its current form and signed by the President – would come into
force on 1 February 2025. The proposed Amending Law would come into force
ten days after its official publication (see below).
The government's draft legislation website published a justification for
producing the two draft laws along with the texts. The justification for
the draft Religion Law claims among other reasons that the "objective of
the draft law" is to "fulfil the international obligations of the Kyrgyz
Republic" (see below).
The SCRA has previously prepared multiple drafts of a new Religion Law
(most recently in November 2023), 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 latest draft Religion Law and the draft Amending
Law contain multiple examples of the regime ignoring legally-binding
international human rights obligations (see below).
The proposed new Religion Law would (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 five
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;
- give the SCRA multiple arbitrary powers to reject registration
applications;
- allow the National Security Committee (NSC) secret police and Interior
Ministry to veto a religious community being founded on grounds of alleged
"possible involvement in terrorist and extremist organisations and
terrorist activities";
- ban 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 and religious education establishments, as well as registered
places of worship;
- give the SCRA extensive powers to ban religious communities;
- require registered religious organisations and religious education
establishments to provide the SCRA with annual intrusive reports on their
activities;
- require all places of worship to gain state registration from the SCRA;
- require SCRA permission before an individual can conduct "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 religious education (whether of children or adults) without SCRA
permission, including allowing the SCRA to control the curriculum;
- require SCRA permission for individuals to travel to study in a religious
educational establishment abroad;
- continue to ban teaching religion individually outside a 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 Parliament
from conducting "religious activity". It is unclear if this means that
elected members could not be leaders or members of registered religious
organisations, or even be banned from attending any meetings for worship
(see below).
The Violations Code allows the police and the SCRA to issue summary fines
for violating Article 142. The new Amending Law increases the scope of the
exercise of freedom of religion or belief that would be punishable under
this Article and sharply increases fines (see below).
Public discussion on two draft laws until 28 September
On 29 August, the government's draft legislation website posted the Kyrgyz
and Russian texts of two proposed new laws which continue to restrict
freedom of religion or belief. A proposed new Religion Law would replace
the 2008 Religion Law (https://www.forum18.org/archi
and subsequent amendments.
An associated proposed new Amending Law in the Area of Religion would
introduce amendments to the 2021 Violations Code
(https://www.forum18.org/archi
on political parties, on elections to and deputies of local keneshes
(administrations), and on parliamentary deputies.
The August 2024 justification for the draft new Religion Law notes 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, had
on 5 July 2024 ordered the creation of a working group made up of the SCRA,
the NSC secret police and the Interior Ministry "as a result of whose work
the draft law is presented".
Tashiyev – who has headed the NSC since October 2021 – was a driving
force behind the attempt to ban the Jehovah's Witness community
(https://www.forum18.org/archi
General Prosecutor's Office, 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".
The government website says both draft laws are open for public discussion
until 28 September. Comments began to appear under both draft Laws on 2
September. Most are critical of specific provisions.
The new Religion Law – if eventually adopted by Parliament, the Zhogorku
Kenesh, in its current form and signed by the President – would come into
force on 1 February 2025. The proposed Amending Law would come into force
ten days after its official publication.
The Organisation for Security and Co-operation in Europe (OSCE)'s Office
for Democratic Institutions and Human Rights (ODIHR) "has not received a
request from the Kyrgyz authorities to review either of these draft laws,
but we would be willing and able to do so if asked," Katya Andrusz, ODIHR
Spokesperson, told Forum 18 on 4 September. Nor have the Kyrgyz authorities
sought a legal opinion on them from the Council of Europe's Venice
Commission, it told Forum 18 on 4 September.
Religious communities not informed or consulted
Several religious communities, who asked Forum 18 not to identify them for
fear of state reprisals, complained that neither the State Commission for
Religious Affairs (SCRA) nor other State authorities have informed or
consulted them on the proposed new Laws. One leader lamented that the SCRA
and the other authorities "never consult us, and never ask the opinion of
other religious communities which we know".
Several leaders told Forum 18 that they were "not aware" of the text of the
proposed new Laws, or that they were on the government's draft legislation
website. One told Forum 18 that they are now studying the proposed new Laws
"intensively". Another told Forum 18 that "now we will look at it and only
in a week or so can we have our conclusions".
No official responses
Director of the State Commission for Religious Affairs (SCRA) Torgonbay
Abdykarov, Deputy Director Kanatbek Midin uuly, the Head of its Press
Service, and several other officials did not answer their phones each time
Forum 18 called on 5 September.
Abdykarov defended the repressive November 2023 draft new Religion Law at
the time. Told in November 2023 that a range of religious communities had
complained to Forum 18 that it was a "very restrictive Law" and asked why -
instead of improving the current Religion Law to allow freedom of religion
or belief - the authorities had made it more restrictive, Abdykarov
admitted (https://www.forum18.org/archi
may be restrictive, but we have all the reasons for it to be so, for each
point in the Law."
An Interior Ministry official (who did not give her name) on 5 September
2024 referred Forum 18 to Colonel Asylbek Mambetov, Deputy Head of the
Ministry's Department for the Struggle against Extremism and Terrorism.
Colonel Mambetov "knows all the issues related to the Law", she told Forum
18. "Please, speak to him."
Colonel Mambetov refused to answer Forum 18's questions, and asked it to
leave its number promising that "our specialist will answer you some time
later". He refused to specify when. Neither Mambetov nor the specialist
called Forum 18 back by the end of the working day in Bishkek of 5
September.
Janyl Kupeshova, Assistant to the Head of the Press Service of the Zhogorku
Kenesh (Parliament), refused to discuss the draft Laws on 5 September or
refer Forum 18 to the Committee or the Deputies who will be responsible for
them if they reach Parliament. "I cannot give you any information at all."
She then referred it to the International Relations Department's Aida
Kinjaliyeva.
Kinjaliyeva, Deputy Head of the International Relations Department, also
refused to discuss the Draft Law on 5 September. She wrote down Forum 18's
name and questions and then put the phone down. Her phone was switched off
when called later.
"To .. fulfil the international obligations of the Kyrgyz Republic"?
The government's draft legislation website published a justification for
producing the draft Religion Law and the draft Amending Law along with the
texts. The justification for the draft Religion Law claims 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 draft Religion
Law prepared by the SCRA claims, "is to 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 claims that the 2008 Religion Law contains "numerous inconsistencies
and gaps" affecting half that Law.
The Amending Law is accompanied by a separate justification.
The SCRA has previously prepared multiple drafts of a new Religion Law, all
of which would have continued to violate Kyrgyzstan's legally binding
international human rights obligations
(https://www.forum18.org/archi
The most recent November 2023 draft Religion Law
(https://www.forum18.org/archi
further work", the justification says, given "the comments and observations
from interested parties and government agencies".
On 18 December 2023, four United Nations Special Rapporteurs – including
Nazila Ghanea, Special Rapporteur on freedom of religion or belief –
wrote to the authorities (KGZ 6/2023
(https://spcommreports.ohchr.o
expressing concern about provisions in the November 2023 draft Religion Law
(which was never adopted and which has been adapted into the current
draft).
The Special Rapporteurs asked the authorities
(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 government 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
5 September 2024, the United Nations website does not list any response
from the Kyrgyz government 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 .."
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.
Examples of such 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 officials have 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.
The draft Religion Law and the draft Amending Law contain multiple examples
of the regime ignoring Kyrgyzstan's legally-binding international human
rights obligations.
"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
proposed new Religion Law continues this restriction, specifying that the
exercise of freedom of religion or belief without SCRA registration would
be illegal and punishable under the Violations Code.
Article 8 also specifies: "In cases of the systematic violations by a
religious organisation of the requirements of this Law, the authorised
state body in the area of religion [SCRA} has the right to adopt a decision
on its liquidation." Such a decision would make 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 would reword the provision in Article 142 of the
Violations Code 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 to issue summary fines for violating Article
142.
Burdensome registration requirements
Under Article 8 of the proposed new Religion Law:
- local religious organisations, which can function only in one District,
would require at least 200 adult citizen founders living in a single
District of the country;
- regional religious organisations, which can function only on the premises
of local member communities, would require at least 500 adult citizen
founders living in a single Region of the country who are members of at
least two registered local religious organisations in different towns or
districts each with at least 250 adult citizen members;
- and national religious organisations, which would need to have
"structural subdivisions" in each of the country's nine Regions, would
require at least 2,000 adult citizen founders from communities with at
least 300 adult citizens in each of the country's nine Regions.
(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 particularly do not want the participation of
Protestant Churches in the decision-making process in the area of religion
on the national or regional level. They want to limit our religious
activity as much as they can."
Many smaller churches 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. Followers of other
beliefs, such as Hare Krishna devotees, have similar fears.
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, the National Security Committee (NSC) secret
police, and Talas 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. 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, and the NSC secret police all
refused to explain to Forum 18
(https://www.forum18.org/archi
legally-binding international human rights obligations.
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 11, Part 3 of the proposed new Religion Law would require all the
founders of any religious organisation to be personally present at a
meeting that formally founded the organisation and chose its leadership.
All participants would have to vote unanimously to found the organisation.
A simple majority of votes would be required to choose the leaders.
It remains unclear what would prevent an individual who did 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 would also be considered the members
of it.
Under Article 11, Part 9, a religious community's application would require
a full list of all the founders, including their full name, date of birth,
citizenship, address, and identity document details. This list would have
to be legally notarised. (The current Religion Law has the same requirement
(https://www.forum18.org/archi
It appears that if - for example - a local religious community gathers 200
adult citizens living locally, and they unanimously agree to found a
religious organisation, and submit an application and associated
documentation, if the SCRA would discover that any of the 200 is
ineligible, the local religious community's application would 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 19, Part 12 would allow the religious community 30 working days to
appeal against a SCRA rejection after the application and associated
documents have been returned to the community. The appeal must first be
made to the SCRA or "a higher administrative body" (the President), and
could then be made to a court.
Under Article 11, Part 9, religious communities applying for registration
would 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 a 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 would 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 proposed new Religion Law would require religious
organisations to include in their statute "the territories in which the
religious organisation carries out its activity".
Under Article 8, the SCRA would be given 30 days to consider registration
applications. The SCRA would check "the veracity of information and
accordance with the current Law" of the application and associated
documents.
Article 8 would specify that the SCRA "has the right to forward the
applicant's documents to the internal affairs and national security
authorities to obtain a conclusion on possible involvement in terrorist and
extremist organisations and terrorist activities". The Interior Ministry
and the NSC secret police
(https://www.forum18.org/archi
working days to conduct "verification", while the SCRA would be given an
extra 30 days.
Under Kyrgyzstan's legally binding international human rights obligations,
"national security" is not a legitimate reason to restrict the exercise of
freedom of religion or belief. The UN Human Rights Committee has, in
General Comment 22 (https://undocs.org/CCPR/C/21/
International Covenant on Civil and Political Rights Article 18 ("Freedom
of thought, conscience and religion"), stated: "restrictions are not
allowed on grounds not specified there [in ICCPR Article 18], even if they
would be allowed as restrictions to other rights protected in the Covenant,
such as national security."
This is reiterated in the OSCE's Freedom of Religion or Belief and
Security: Policy Guidance
(https://www.osce.org/files/f/
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 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.
State "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 religious policy
(https://www.forum18.org/archi
Article 11, Part 8 would allow individuals to check in advance with the
SCRA if a proposed name for a religious organisation would be suitable.
Under Article 11, Part 12 a registered religious organisation would be
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 ordered re-registration.
Religious organisations must re-register every five years
Article 8 of the proposed new Religion Law would divide registered
religious organisations (the only ones allowed to exist and function) into
national, regional, and local organisations.
Article 11, Part 2 would specify that the required compulsory SCRA
registration would last no more than five years. Religious organisations
that would want to continue to function would then be required to undergo
re-registration. No reason is given for the five-year time limit on the
validity of registration.
Article 11 would specify that re-registration applications would entail the
same requirements as in the original registration procedure, with a
requirement for a meeting of all the adult citizen founders and preparation
of all required documentation.
One Protestant expressed concern about the provision that religious
communities would have to re-register every five years when the November
2023 draft with a similar provision 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 described the "repetition of this process every 5 years
for new registration" to Forum 18 as "an immense burden".
The current Religion Law
(https://www.forum18.org/archi
the duration of registration. Article 37 of the draft new Religion Law
specifies that when the new Law comes into force, that provisions related
to registered religious organisations would not have retroactive force. It
remains unclear if religious organisations that have registration at the
time the new Law enters legal force would have to re-register five years
later.
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".)
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".
Only one centralised administration possible?
Under Article 9 of the proposed new Religion Law, only religious
organisations of one faith with registered communities in all nine of the
country's Regions (as in the current Law) would be allowed to form central
administrations.
As at 5 September 2024, for example, the SCRA website lists Catholics,
Jehovah's Witnesses and Seventh-Day Adventists as having registered
communities in only 6 of the country's 9 regions, and the Russian Orthodox
Church and the Baha'is having registered communities in 8 of the country's
9 regions.
Article 9 also specifies that for Muslims, the central administration would
be the regime-controlled Muslim Board
(https://www.forum18.org/archi
Muftiate). This would appear to prevent the formation of independent
nationwide Muslim bodies that are not controlled by the regime. The reason
why Muslims are targeted by this restriction is not explained.
The SCRA's extensive powers of "control"
Under Article 30 of the proposed new Religion Law, the SCRA and its
regional offices would 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 would have 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
the right to seek such information from state tax and statistics
authorities and from banks.
The SCRA would also have the 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 would be empowered to inspect registered religious organisations,
religious education establishments and place of worship. State and
municipal bodies would be able to ask the SCRA to conduct such an
inspection of a particular religious organisation or place of worship.
Under Article 31, if SCRA officials find a violation of the Religion Law
during such an inspection, the SCRA would issue a written warning to the
religious organisation specifying a deadline (of up to 30 days) by which it
would have 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 would, under Article 31, ban the
organisation's activity for 90 days. If the religious organisation still
does not in the SCRA's view end the violation within that period, the SCRA
would be able to go to court to liquidate the organisation. This would make
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
would also be able to be "halted, liquidated or banned" if they violated
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 30 of the proposed new Religion Law would specify that the SCRA and
its local branches check that religious organisations of all sorts and
their approved places of worship act in accordance with their statutes and
the requirements of the Religion Law. They would be empowered to demand to
see administrative and financial documents, send officials to attend
events, and inspect financial and other transactions.
Article 30 would require registered religious organisations, religious
education establishments and religious charities to provide not only the
tax authorities but the SCRA also with intrusive reports.
Reports to the SCRA would 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 would fail to supply the annual report, the
SCRA would issue a written warning. If it would fail to comply within the
SCRA's deadline of up to 30 days, the SCRA would, under Article 31, ban the
organisation's activity for 90 days. If it would then fail to comply within
that period, the SCRA would be able to go to court to liquidate the
organisation (thereby rendering all its activity illegal).
If a religious organisation would commit a violation for the second time
within a year, the SCRA would be able to 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 would require registration
Article 12 of the proposed new Religion Law would require state
registration with the SCRA of buildings used by registered religious
organisations (including places of worship) and by registered religious
education establishments. Such buildings would be allowed to be used only
after they are registered.
Registration applications would need to be lodged by a centralised
religious organisation (if the community has one) or by a regional or local
community if it does not. This would mean, for example, that the Muslim
Board would be the only body allowed to apply for approval of a new mosque.
Applications would need to include documents confirming the ownership,
rental or other legal use of the building.
A Protestant 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 National Security Committee secret police and the Interior
Ministry, and local mayor's 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."
Once a religious building is registered, under Article 12 the owner would
be required to notify the local administration where it is based within
five working days of its registration and its address. It would also have
to provide it with the name, address, phone number, email address and
passport details of the owner. The owner would need to send confirmation of
this notification to the SCRA within five working days.
Building places of worship on land owned by individuals would be banned.
The Cabinet of Ministers would be in charge of setting out provisions for
building, reconstructing or changing the usage of such religious buildings.
The Amending Law would add a provision to Article 142 of the Violations
Code to punish those who use a place of worship which is not registered
with the SCRA 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 to issue
summary fines for violating Article 142.
Public events would require SCRA permission
Under Article 25 of the proposed new Religion Law, registered religious
organisations and educational establishments would be allowed to hold
events in their own premises, at places of pilgrimage and at cemeteries.
For any religious rituals or other mass events they plan elsewhere, they
would need to notify the local administration and the SCRA, giving the
date, location and programme of activity. The local authorities and the
SCRA would give permission (or not give permission) ten working days before
the proposed event.
Religious events in prisons, homes for elderly or disabled people, or the
armed forces are allowed only at the request of residents and in special
premises. The administrations of these institutions would need also to get
approval from the SCRA.
The Amending Law would add a provision to Article 142 of the Violations
Code to punish those who exercise freedom of religion or belief without
SCRA 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 to
issue summary fines for violating Article 142.
Religious materials on paper and online would be censored
Article 4, Part 11 of the proposed new Religion Law would declare bluntly:
"the publication, replication and sale of religious materials" without SCRA
permission would be banned. "Religious materials" includes items in the
media and on the internet.
Article 8 would include a provision banning "religious figures (clergy) who
do not represent a religious organisation registered with the SCRA" from
appearing in the media or online. It remains unclear if this bans anyone
who is not a leader of a registered religious community from speaking in
the media or writing anything online related to religion, or whether it
specifically bans leaders of unregistered religious communities from doing
so.
Article 26 would specify that registered religious organisations would have
the right to produce, acquire, distribute, export and import religious
literature and other materials. It says that the procedure would be set out
by the Cabinet of Ministers, but gives no information about what this
procedure might consist of.
Under Article 26, individuals entering the country would be allowed to have
only one copy of any one religious publication which would be for their own
use only.
Imports of religious literature are already subject to SCRA censorship
(https://www.forum18.org/archi
the SCRA denied permission to import the 2022 issue of another Jehovah's
Witness booklet, the Kyrgyz version of "Examining the Scriptures Daily".
This was one of 13 publications and six videos the NSC secret police and
the General Prosecutor's Office's tried to have declared "extremist"
(https://www.forum18.org/archi
application to the courts.
On 23 February 2023, the SCRA denied permission to import a Jehovah's
Witness brochure for parents to read with their children, "The Lessons for
Little Ones" in both Kyrgyz and Russian. "Although Jehovah's Witnesses met
with SCRA representatives to discuss this instance of religious censorship,
the SCRA's decision to ban the brochure still stands," Jehovah's Witnesses
noted.
Article 26 of the proposed new Religion Law would empower the SCRA to
conduct "religious studies expert analyses" of religious literature and
materials. (The current Religion Law has the same requirement
(https://www.forum18.org/archi
have up to 30 working days to complete such analyses, but this could be
extended by an extra month "taking into account the level of complexity and
quantity of materials".
All religious literature acquired by libraries would require a SCRA
"religious studies expert analysis." (The current Religion Law has the same
requirement (https://www.forum18.org/archi
State "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 religious policy
(https://www.forum18.org/archi
Article 26 of the proposed new Religion Law does not say when the SCRA can
impose "expert analyses" on literature and materials, saying only that the
procedure is set out by the Cabinet of Ministers. No information is given
about what this procedure might consist of.
All religious literature, audio and video recordings, including online,
produced by registered religious organisations or religious educational
establishments would have to have the full official legal name of the
organisation and its religious affiliation. (The current Religion Law has
the same requirement
(https://www.forum18.org/archi
Article 26, Part 4 would ban the distribution of religious literature or
materials "in public places, as well as by going round residential
properties, state and municipal organisations, in military sites, and in
pre-school and general educational establishments, with the exception of
religious sites and religious educational establishments". Those who
violate this would face punishment under the Violations Code. (The current
Religion Law has the same provision
(https://www.forum18.org/archi
Article 142, Part 3 of the Violations Code already punishes distributing
religious literature in public with a fine of 55 Financial Indicators (FIs)
on individuals (5,500 Soms, equivalent to just over a week's average wages)
and 170 FIs on organisations. The Amending Law would specify in more detail
the sorts of distributed religious materials for which punishment was set
out and increase the fines to 200 FIs (20,000 Soms, equivalent to three
weeks' average wages) on individuals and 650 FIs on organisations. The
Violations Code allows the police and the SCRA to issue summary fines for
violating Article 142.
A member of a religious community expressed concern about the restrictions
on sharing faith in public in November 2023 when the then draft Religion
Law was made public. "Even if you can register overcoming all the obstacles
put there by the authorities, we won't be able to effectively share our
faith," the individual told Forum 18 in November 2023
(https://www.forum18.org/archi
would like to pass out our books and literature on the street to others so
they can find out about our faith, but this is directly banned in the draft
Law."
Religious education – with state permission only
Article 6, Part 5 of the proposed new Religion Law would specify that
religious education (whether of children or adults) would be under the
control of the Cabinet of Ministers, but gives no information about what
this control might consist of.
Under Article 6, Part 3, only registered religious communities with a
central administration would be allowed to establish religious educational
establishments "for children and adults".
Article 6, Part 4 would allow registered religious organisations to
establish religious educational establishments to prepare "clergy and
religious personnel they need". It remains unclear why they would not be
able to establish such facilities for any adult who wishes to learn more
about a faith.
Article 17, Part 1 would specify that only registered religious
organisations can found religious educational establishments. (The current
Religion Law has the same provision
(https://www.forum18.org/archi
Article 17, Part 6 would specify that applications from a registered
religious organisation to register a religious educational establishment
with the SCRA would need to include "a curriculum together with a list of
religious literature to be used in study".
The application would also need to show that the religious educational
establishment had "high-quality teachers" approved by the founding
registered religious organisation. (The current Religion Law has the same
provision (https://www.forum18.org/archi
Article 6, Part 6 would specify that anyone teaching religion in a
registered religious educational establishment would have to have
"specialised higher religious (spiritual) education" with an appropriate
certificate.
(A provision in the current Religion Law that teachers in religious
educational establishments must have documented higher religious education
qualifications is not in the proposed new Religion Law.)
The applicant religious organisation would also need to submit documents
for the premises where the religious educational establishment would be
based, together with certification of the premises from the
sanitary-epidemiological and fire services. (Such a provision related to
the sanitary-epidemiological and fire services is in the current Religion
Law.)
Article 6, Part 9 of the proposed new Religion Law would require SCRA
permission for individuals to travel to study religion in a religious
educational establishment abroad. Those who study abroad without such
permission would not have their religious qualification recognised in
Kyrgyzstan. By contrast, Article 41, Part 2 would specify that individuals
going abroad for religious education, whether sent by a registered
religious organisation or on their own initiative, would need only to
"notify" the SCRA.
A member of a religious community expressed concern about similar
restrictions on individuals going abroad for religious study in the
November 2023 draft Religion Law. "We would like to send abroad our
members, who have the possibility to go, to study since we are not able to
do so in Kyrgyzstan," the individual told Forum 18 in November 2023
(https://www.forum18.org/archi
A Protestant expressed concern that foreign-earned qualifications would not
have official recognition in Kyrgyzstan. "Many would like to go abroad to
study religion for a better education and more experience, and there are
not many opportunities to study religion in Kyrgyzstan," the Protestant
told Forum 18 in November 2023
(https://www.forum18.org/archi
Once a religious educational establishment is registered, under Article 36
it would be required to notify the local administration where it is based
within five working days of its registration and its address. It would also
have to provide it with the name, address, phone number, and passport
details of the head of the establishment. The religious educational
establishment would need to send confirmation of this notification to the
SCRA within five working days.
Once a religious educational establishment is registered, under Article 35
it would be required to notify the SCRA within 30 days of any changes to
its founding organisation, address, leadership body, phone or email
address.
Individual religious teaching would still be banned
Article 6, Part 7 of the proposed new Religion Law would also continue to
ban teaching religion individually outside a religious educational
establishment. Those who violate this would face punishment.
The Amending Law would add a provision to Article 142 of the Violations
Code to punish those who teach religion individually outside a religious
educational establishment 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 current equivalent part of Article 142 punishes
those who violate "the procedure for religious education.") The Violations
Code allows the police and the SCRA to issue summary fines for violating
Article 142.
"This needs to be redrafted," an individual noted on the draft legal
website on 3 September. The individual noted that young people go to the
mosque and receive "short lessons on behaviour, prayer or reading the Holy
Koran". "Or a person can simply come with questions to the imam and during
the time when the imam answers his questions, some may consider this a
lesson in the wrong place and fine him?!"
"Preachers" would require registration
In a new move, Kyrgyz citizens who want to carry out "preaching activity"
within the country or abroad would require state registration. "Only those
people can act as preachers who have higher and specialised religious
education," Article 16 of the proposed new Religion Law declares.
"Preachers" would speak in the name of a registered religious organisation
and could only act within their territory. Individuals would be banned as
acting as "preachers" in the name of an unregistered religious
organisation.
"Preachers" who appear in the media or online would require accreditation
from the centralised administration of a registered religious community and
the SCRA. SCRA accreditation would last up to one year, though religious
organisations could apply to extend this period.
"Only specially authorised specialists of the central governing bodies of
religious organisations are authorised to answer various questions of
believers that arise in the process of satisfying spiritual needs
(clarification of religious dogmas and canons)," Article 16 declares.
"Decisions and conclusions that are binding on all believers are issued
only by competent specialists of the central governing bodies of religious
organisations."
Foreign missions and "missionaries" would require registration
Articles 14 and 15 of the proposed new Religion Law would require missions
of foreign religious organisations and those sent by foreign religious
organisations "to conduct religious activity in Kyrgyzstan" (also described
as "missionaries") to have state registration. (The current Religion Law
has the same requirement
(https://www.forum18.org/archi
Under Article 14, missions can gain registration for a maximum of three
years before requiring re-registration. They would require 200 adult
citizen founders, and all their personal details would have to be submitted
with the application.
Under Article 15, only registered religious organisations would be able to
apply for such registration for "missionaries". The application would have
to include a form filled out by the foreigner, a copy of the foreigner's
passport, a certificate that the foreigner does not have a criminal record
in their home country and a referral letter from the foreign religious
organisation. It would also have to specify how long the individual would
stay in the country. The inviting organisation would also have to declare
that it would take responsibility if the foreigner violates the Religion
Law during their stay.
The SCRA would send any application to the National Security Committee
(NSC) secret police and the Interior Ministry for their approval before
granting permission for the "missionary".
The maximum term the SCRA would be able to give "missionaries" would be one
year, although this could be renewed to a maximum of three years. If the
foreigner has committed any violations of the Religion Law, the SCRA would
take that into account in deciding whether to approve the application for
the registration to be renewed.
"A missionary can carry out activities only in the territory covered by the
activities of the religious organisation that invited him," Article 15
adds. The foreigner is warned in advance about abiding by the law.
Once "missionaries" are registered, under Article 15 they would be required
to notify the local administration where they are based within five working
days of their registration, address, contact and passport details. They
would need to send confirmation of this notification to the SCRA within
five working days.
Creating a barrier between freedoms
Much of the proposed new Religion Law is taken up with 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 the right to participate in public affairs, voting
rights and the right of equal access to public service (ICCPR, Article 25).
Many of the proposed Religion Law's provisions on this and other topics are
vaguely worded.
The UN Human Rights Committee's General Comment 25
(https://www.refworld.org/doci
among other things: "No distinctions are permitted between citizens in the
enjoyment of these rights on the grounds of race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status." General Comment 25 goes on to observe: "The right
to freedom of association, including the right to form and join
organizations and associations concerned with political and public affairs,
is an essential adjunct to the rights protected by article 25."
Article 5, Part 7 of the proposed new Religion Law would ban "interference
by religious figures in the activity of state bodies, local administrations
and their officials, including exerting pressure on them in any form". It
remains unclear if religious leaders who lobby state officials or
parliamentary deputies on state religious policy or issues of public
concern, or even simply express their opinions on such subjects, would be
violating this ban.
Article 5, Part 7 would also ban "parties and other political formations
founded on a religious basis". It would also ban political campaigning and
"other measures of a political nature" in places of worship. Religious
organisations and their representatives would be banned from "pursuing
religious goals" and participating in local or national elections. The
creation of religious organisations in state bodies (including the army)
would be banned.
Article 1 of the Amending Law would amend Article 3 of the 1999 Political
Parties Law to ban "the creation of political parties on a religious basis,
as well as the participation of political parties in religious activity".
The Amending Law would also add a provision to Article 9 of the Political
Parties Law: "During election campaigning and in the name of the party, the
display and other use in campaign materials of parts and elements of
information (images) containing direct and indirect borrowings or
references to religious topics is not allowed."
The Amending Law would add a provision to Article 142 of the Violations
Code to punish those who conduct electoral campaigning or "other meetings
of a political nature" in a place of worship with a fine of 200 Financial
Indicators (FIs) on individuals (20,000 Soms, equivalent to three weeks'
average wages) and 650 FIs on organisations.
Another provision would punish those who finance political parties with
religious organisations' funds, with similar penalties. Another provision
would punish religious figures or organisations who seek to influence
officials, with similar penalties. The Violations Code allows the police
and the SCRA to issue summary fines for violating Article 142.
(The current Religion Law already bans holding political events in places
of worship (https://www.forum18.org/archi
Articles 2 and 3 of the Amending Law would ban elected members of local
keneshes and the national Parliament from conducting "religious activity".
It is unclear what this means, for example if such elected members could
not be leaders or members of registered religious organisations, or even be
banned from attending any meetings for worship.
(The current Religion Law says that if a religious leader becomes a state
or municipal official, their activity as a religious leader is suspended
(https://www.forum18.org/archi
The ban on religiously-inspired political parties would affect the Yiman
Nuru (Light of Faith) Party, which has an Islamic inspiration. The Justice
Ministry registered the party in June 2012, and the party gained five
deputies in November 2021 parliamentary elections
(https://www.osce.org/files/f/
four deputies in the Zhogorku Kenesh. (END)
More reports on freedom of thought, conscience and belief in Kyrgyzstan
(https://www.forum18.org/archi
For more background, see Forum 18's Kyrgyzstan religious freedom survey
(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.forum18.org/archi
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