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The right to believe, to worship and witness
The right to change one’s belief or religion
The right to join together and express one’s belief

COMMENTARY: No religious freedom without democracy: a lesson from "Orange Ukraine"

Ukrainian President Viktor Yushchenko's surprise announcement last month of the abolition of the State Committee for Religious Affairs is a powerful signal to the rest of the region that governments should end their meddling in religious life, argues former Soviet political prisoner Professor Myroslav Marynovych, who is now vice-rector of the Ukrainian Catholic University http://www.ucu.edu.ua in Lviv, in this personal commentary for Forum 18 News Service http://www.forum18.org. He regards the feeling in Ukraine that the communist model of controlling religion is now dead as the greatest gain of the "Orange Revolution" in the sphere of religion. Yet Professor Marynovych warns that other countries will find it hard to learn from the proclaimed end of Ukrainian government interference in religious matters without wider respect for human rights and accountable government. Without democratic change – which should bring in its wake greater freedom for religious communities from state control and meddling - it is unlikely that religious communities will escape from government efforts to control them.

COMMENTARY: Away with legal discrimination - Serbia shouldn't follow Austria

The Serbian draft law on religion follows Austria's hastily passed 1998 law in dividing religious communities into different categories with differing legal rights, thus institutionalising religious discrimination, comments Dr. Reinhard Kohlhofer, an Austrian lawyer specialising in religious freedom, in this personal commentary for Forum 18 News Service http://www.forum18.org. The Austrian law is a bad example for Serbia to follow, Dr. Kohlhofer argues, having been severely criticised by international lawyers, and also being the subject of a European Court of Human Rights (ECtHR) case, with a decision expected in the next few months. In a 1993 case involving Greece, the ECtHR ruled that "freedom of thought, conscience and religion is one of the foundations of a democratic society" and that "the pluralism indissociable from a democratic society .. depends on it." Dr. Kohlhofer goes on to state that there is no justification for states to legally discriminate between or against religious communities, and that democracy demands nothing less than the elimination of all forms of legal discrimination.

MOLDOVA: Why can't Muslims or Russian Orthodox Church Outside Russia register?

Muslim and Orthodox communities have been repeatedly denied state registration, despite the Russian Orthodox Church Outside Russia (ROCOR - which is not part of the Moscow Patriarchate) winning a case against the government in the Moldovan Supreme Court. Two of the communities have told Forum 18 News Service that they have now appealed to the European Court of Human Rights (ECtHR). The ECtHR fined Moldova in 2002 for denying the Romanian Orthodox Church registration, and the government subsequently registered the church. Unregistered religious communities can be fined, and they cannot hold a bank account, publish literature in their own name, or build a prominent place of worship. State officials have refused to tell the communities or Forum 18 why the registration applications have been repeatedly refused.

TRANSDNIESTER: Harsh draft religion law rejected – for now

A harsh draft new religion law in the unrecognised Transdniestr republic has been rejected, but the senior religious affairs official has insisted to Forum 18 News Service that it will be adopted, indicating that it has the support of the breakaway republic's president, Igor Smirnov. The draft gave the authorities draconian "control powers in relation to the activity of religious organisations" and attracted criticism from the Orthodox Church, Catholics, Methodists, Baptists, and Jehovah's Witnesses, amongst others. Orthodox Bishop Iustinian likened the proposed powers to those of Soviet times, and said that such state religious affairs offices were an anachronism. Despite this initial rejection of the draft law, plans remain to amend the Criminal Code to increase punishments for "illegal activity of sects", including youth and adult work, increasing fines 15 times and imprisoning offenders for up to a year.

MOLDOVA: Muslims vow to defy "illegal" worship ban

Police banned a Muslim community in the capital Chisinau from meeting for worship after raiding the place where they meet after Friday prayers on 5 March. They detained several Muslims and three Syrian citizens were expelled from the country. "The situation is getting worse, with the police arriving at least every other week," community leader Talgat Masaev told Forum 18 News Service. He and a colleague have been repeatedly fined for leading a community which does not have state registration, although the fines so far have been overturned. Forum 18 has been unable to find out from officials why police raid the Muslim community and have refused it registration for the past four years. "They have the right to meet without registration, provided they do not break the law," human rights activist Stefan Uritu insisted.

TRANSDNIESTER: Did Orthodox join police in crushing Baptist street library?

Baptist pastor Vasili Timoshchuk alleges that Orthodox priest Fr Igor Konstantyushko confiscated the books from a Baptist street library in Krasnoe on 30 August and called the police to detain the library organiser, Aleksandr Kulysh. "I can't believe this. Fr Igor doesn't command the police. That's a state matter," Orthodox diocesan secretary Fr Dionisy Abramov told Forum 18 News Service, though he admitted he had not enquired of the priest if he had broken up the library or not. Kulysh could now be fined. The authorities of the separatist republic of Transdniester in eastern Moldova have a history of impeding distribution of literature by Baptists and other religious minorities they dislike. The incident came three weeks after Transdniestran customs seized copies of a Baptist journal, which have still not been returned. Forum 18 has been unable to find out why they were seized.

TRANSDNIESTER: Methodists live "twilight existence," leader claims

The two Methodist congregations in the separatist republic of Transdniester in eastern Moldova live a twilight existence, their leader reports. "We can't rent anywhere for services and we can't afford to buy property. We have to meet semi-legally in private flats," Dmitri Hantil told Forum 18 News Service. He said their local registration applications in 1997 and again in 2000 had stalled as they refused to pay a bribe of at least 500 US dollars sought by Pyotr Zalozhkov, the commissioner of religion and cults. Forum 18 tried to reach Zalozhkov but his phone went unanswered. The Methodists have also sought registration with the Moldovan authorities – so far in vain.

OSCE COMMITMENTS: OSCE MEETING ON FREEDOM OF RELIGION - A REGIONAL SURVEY

Before the OSCE Supplementary Human Dimension Meeting on Freedom of Religion or Belief on 17-18 July 2003, Forum 18 News Service http://www.forum18.org/ surveys some of the more serious abuses of religious freedom that persist in some countries of the 55-member OSCE. Despite their binding OSCE commitments to religious freedom, in some OSCE member states believers are still fined, imprisoned for the peaceful exercise of their faith, religious services are broken up, places of worship confiscated and even destroyed, religious literature censored and religious communities denied registration.

TRANSDNIESTER: Police move to crush Baptist street libraries

Authorities in Bendery (Tighina) in the unrecognised republic of Transdniester in eastern Moldova have moved to crush a street library run by local Baptists. A Baptist statement reaching Forum 18 News Service reported that on 20 April police confiscated all the books for a second time. "This activity is illegal in Transdniester," the city police chief Valeri Smyk told Forum 18. The local security ministry insisted that the matter was nothing to do with them. The Baptists – who reject registration on principle – have long complained about harassment from the Transdniestran authorities, which insist that because they are not registered they should not be allowed to function.