TURKEY: Can a new Constitution solve religious freedom problems?

Following the AKP's general election victory, political attention in Turkey has turned to the long-awaited new Constitution, Forum 18 News Service notes. It appears that a consensus may exist among Turkey's liberals, leading civil society organisations, religious minorities, legal academics, and the main opposition party, the CHP, that the new Constitution should uphold the right to freedom of religion or belief. Many would not object to this as an ideal, but attention to the detail of the proposals is essential. The AKP's past record would suggest that any predictions of its response should be cautious. Indeed, it is unclear what the AKP itself would propose. It is vital that the new Constitution enshrines full guarantees of freedom of religion or belief for all, fully in line with Turkey's international human rights obligations. But on its own - without good laws, regulations and state actions - a Constitution can only have a limited impact in generating practical change in the daily lives of people belonging to minority religious and belief communities.

24 June 2011

KYRGYZSTAN: Jail terms overturned, but investigation continues

Batken Regional Court in southern Kyrgyzstan has overturned seven-year prison terms imposed on two cousins who are Jehovah's Witnesses, Forum 18 News Service has learned. However, despite this, the Court specifically stated that it rejected the two men's appeal. Instead of being exonerated and freed, the two - Iskandar Kambarov and Jonibek Nosirov - still face possible prosecution and remain in pre-trial detention. "We hope that reason will prevail and they will now be freed," Jehovah's Witnesses told Forum 18. The two men had been found guilty of having two discs which police say were from the Hizb ut-Tahrir Islamist movement. Kambarov and Nosirov say the discs were not theirs and were planted on them. Batken Regional Court also ordered that "in order to remedy the gaps in the investigation process" the case should be sent for further investigation, and ordered that the two cousins should pay costs. Officials continue to defend the prosecution to Forum 18. Local Jehovah's Witnesses state that the two men remain "in good spirits".

22 June 2011

TAJIKISTAN: Bans on children's religious activity, illegal meetings, and "extremist religious" teaching close?

Tajikistan's controversial Parental Responsibility Law - approved by Parliament's Lower Chamber on 15 June – may soon be approved in the Upper House and by the President. Under it the only children allowed to participate in any religious activity, apart from funerals, will be those at state-approved religious education establishments. Many think this is aimed at Muslims, who only have around 80 state-approved establishments throughout the country. Also approved in the Lower House the same day were new Criminal Code amendments specifically extending punishments for unapproved meetings to religious meetings, and imposing harsh prison terms for "religious extremist" teaching. However, "religious extremist" teaching is not defined and could extend to any religious teaching without state approval, Forum 18 News Service notes. "Prosecutors and Courts will be able to distinguish between what is just unauthorised religious education, which will receive Administrative punishment, and what is religious extremism, which will be criminally liable," Sattor Kholov, the Deputy who led the Lower Chamber discussion of the Criminal Code amendments, claimed to Forum 18.

21 June 2011

RUSSIA: Muslim's appeal begins, Jehovah's Witness' second trial to begin

Beginning yesterday (20 June) in the Russian North Caucasian republic of Dagestan was the appeal hearing of Ziyavdin Dapayev. He is challenging the three-year suspended prison sentence imposed on extremism-related charges for leading study of the works of Turkish Muslim theologian Said Nursi in private homes. His lawyer particularly objects to the court-ordered destruction of his religious books. "They contain quotations from a holy text [the Koran], so I hope that at least this part of the verdict will be annulled," Murtazali Barkayev told Forum 18 News Service. Beginning tomorrow (22 June) is the second trial on extremism-related charges of Jehovah's Witness Aleksandr Kalistratov, in what Russia's Human Rights Ombudsperson has deemed a "landmark case". The Prosecutor challenged Kalistratov's acquittal after a six-month trial which saw 71 witnesses questioned and 24 separate hearings. An appeal court ordered a re-trial. The Ombudsperson complained the case was built on an "expert analysis" of Jehovah's Witness texts which was "tendentious and superficial".

15 June 2011

UZBEKISTAN: Police beating, axe threat, beating threat

Police officers assaulted a woman at her home while her parents were being interrogated over their religious activity at the local police station, sources who asked not to be identified for fear of state reprisals told Forum 18 News Service. Officers "kicked the woman and hit her on the head, giving her severe concussion". Police refused to discuss the incident with Forum 18. A Tashkent police officer threatened local Protestant Anvar Rajapov if he continued to challenge a fine of 80 times the minimum monthly wage handed down to punish him for his religious activity. "I have prepared an axe for you, which will be flying after you, observing you, and if need be get you," sources quoted Major Zufar Rashidov as telling him. Police refused to discuss the threats with Forum 18. Tashkent Investigator Aleksandr Ten threatened the son of a Baptist church member that he would "beat him up and put him in prison for three months" if he did not sign statements against the church's pastor and bookkeeper who Ten is seeking to prosecute.

14 June 2011

COMMENTARY: Advancing Freedom of Religion or Belief: Agendas for Change

"Rather than being a celebration of a thing of worth, the approach currently adopted by the international political community to religious freedom is dominated by the language of special pleading, disadvantage, hostility, and hate. This must change", argued Professor Malcolm Evans in a lecture hosted by the Archbishop of Canterbury and published in abbreviated form by Forum 18.
Agendas such as "defamation of religions, incitement to religious hatred, combating antisemitism, Islamophobia, Christianophobia, Discrimination against Christians, etc." risk, Professor Evans notes, being "self-defeating by being self-serving". "The predominant interest which faith communities show in the rights of their own" forms a barrier. "Unless and until that barrier is overcome, the ability of the international community to engage effectively with the protection of the freedom of religion or belief as a human right will be diminished".
Calling for work to re-start on a UN Convention, Professor Evans observes of some approaches: "The question which continually gets lost in these twists and turns is simple, but important: 'Why not start with the idea of the freedom of religion or belief for everyone?'" For, states are the source "in reality, [of] most of the restrictions placed on the freedom of religion or belief - and, therefore, much of the hostility and violence which believers face".
Professor Evans identifies the need to "roll back the essentially negative approaches of recent years and champion a more positive vision of what religious freedom has to offer". He ends by noting signs of positive change, and calling on Christians and those of other faiths and none to "champion the freedoms of others as well as of ourselves".

13 June 2011

AZERBAIJAN: "I'm the permission and the warrant"

The state religious affairs official who led the police raid yesterday (12 June) on a Baptist congregation in Sumgait during Sunday morning worship explained away the lack of a warrant. "I'm the permission and the warrant," local Baptists quoted him as telling them. Also raided the same day was a Jehovah's Witness meeting in Gyanja, fellow Jehovah's Witnesses told Forum 18 News Service. Both were raided because they do not have the compulsory state registration and in both cases fines are expected. An official of the State Committee for Work with Religious Organisations defended its officials' participation in the raids, claiming they were "in accordance with the law". The raids came two days after Parliament approved yet further restrictive amendments to the Religion Law.

8 June 2011

AZERBAIJAN: Communities to be forced to begin re-registration again?

Many of Azerbaijan's religious communities, whose re-registration applications have not been answered since the end of 2009, fear that the proposed raising of the required number of adult founders from 10 to 50 could see their current applications rejected, Forum 18 News Service has learned. The latest restriction on freedom of religion or belief is contained with other restrictive Religion Law draft amendments to be considered in Parliament on 10 June. Officials have given contradictory views on whether the increase in founders will be applied retroactively. This will be the 13th time that the 1992 Religion Law has been amended. Many communities fear that their intent is to force them to re-apply again, giving more opportunities for officials to impose pressure on communities and stop them gaining legal status. The Council of Europe's European Commission against Racism and Intolerance (ECRI) has described restrictions in the Religion Law on spreading one's faith and on religious literature as "incompatible with the case-law of the European Court of Human Rights". ECRI was also highly critical of the re-registration system.

7 June 2011

KAZAKHSTAN: Ahmadi Muslim mosque closed, Protestants fined 100 times minimum monthly wage

Kazakhstan has fined an Ahmadi Muslim community – also denying it the use of its mosque and land – as well as imposed fines of 100 times the minimum monthly wage on two Protestants for religious activity without state permission, Forum 18 News Service has found. One official claimed to Forum 18 in relation to the Ahmadis that "using a dwelling house for religious purposes violates the Land Code", but was unable to say where this was stated. Officials were similarly evasive in relation to the Protestants, when asked which of Kazakhstan's laws banned religious believers from praying and reading scriptures together with their fellow believers in their private homes. One of the two Protestants was only informed of an appeal hearing six days after it took place. Kazakhstan's mass media also continues to be used for "anti-sect" propaganda, one of the aims of which appears to be to encourage support for legislation imposing more restrictions on people exercising their right to freedom of religion or belief.

6 June 2011

AZERBAIJAN: "The latest devious move to control religious communities"

Azerbaijan's President Ilham Aliyev has sent new amendments to the Religion Law to the country's parliament, the Milli Mejlis, which is due to consider them on 10 June. Among other new restrictions in the draft text seen by Forum 18 News Service, they will require 50 adults to state that they are founders for a religious community to apply for state registration. Also the amendments increase the controls that the state requires religious headquarter bodies or centres to have over all communities under their jurisdiction. "This is the latest devious move to control religious communities through the law," a member of a religious minority told Forum 18. Muslim activist Ilgar Ibrahimoglu Allahverdiev noted that "these amendments are anti-Constitutional and violate the European Convention on Human Rights and United Nations human rights provisions". Iqbal Agazade, the only Milli Mejlis deputy of the opposition Umid (Hope) Party, told Forum 18 that "the amendments restrict human rights and are not in accordance with Azerbaijani law and international standards".

26 May 2011

TAJIKISTAN: Ban on religious education abroad without state permission to be adopted soon?

Without any prior public notice on 25 May the Lower Chamber of Tajikistan's Parliament approved without discussion a government-proposed amendment banning people of any faith from having religious education abroad without state permission. An independent Tajik journalist, who wished to remain unnamed for fear of state reprisals, told Forum 18 News Service on 26 May that the amendment "was rushed to the Parliament without any public discussions". They suggested to Forum 18 that "the authorities may be afraid of the Arab Spring movements. But their main motivation is to totally control religious life, and especially Muslims." A Muslim lawyer from the capital Dushanbe, Zafar Kurbonov, noted to Forum 18 that "our Constitution guarantees everybody's right to education whether at home or abroad. This is a gross violation of our rights." Deputy Marhabo Jabborova told Forum 18 that the changes need to be approved by parliament's Upper Chamber and President Emomali Rahmon. In southern Tajikistan the authorities have continued the nationwide campaign against places of worship, destroying a mosque and banning the activity of a Baptist church.

25 May 2011

TAJIKISTAN: Restrictive Parental Responsibility Law to be adopted soon?

Tajikistan's Parliament may adopt a restrictive Parental Responsibility Law, drafts of which ban children from attending religious activities apart from funerals, Forum 18 News Service has found. The latest text of the proposed Law has not been made public – even though it is being discussed in Parliamentary Committees – and deputies and officials have been giving contradictory answers about the expected timetable. It may be adopted by July, even though drafts of the Law – which was initiated by President Emomali Rahmon – break the Constitution and international human rights standards. Local religious communities, independent legal experts and human rights defenders have condemned the draft Law, but Deputy Marhabo Jabborova, Chair of the parliamentary committee leading discussions on the Law, told Forum 18: "I am not aware of any comments from religious communities." An Imam, who wished to remain unnamed, said he is "very concerned" over the impending ban. "They should have a chance to receive religious teaching while they are still children, and it does not matter whether it is Muslim, Christian, Jewish, or other teaching", he told Forum 18.