Recent Legislative Trends Affecting Religious Freedom in Eastern Europe and Central Asia Religious Freedom Discussion Series December 1, 2011 Elizabeth.

Recent Legislative Trends Affecting Religious Freedom in Eastern

Europe and Central Asia

Religious Freedom Discussion SeriesDecember 1, 2011Elizabeth A. Clark

Recent Developments

• October 2011 Russian draft amendments• October 2011 Kazakhstan restrictive religion laws• Fall 2011 discussion of property tax on religious

organizations in Georgia• August 2011 Armenian draft law on religion• Fall 2010/Spring 2011 revisions of religion law in

Ukraine• 2009 laws passed in Turkmenistan, Kyrgyz

Republic, Tajikistan

Development of East European Religion Laws

• Initial liberalization of religion laws after fall of Soviet Union

• Reaction to openness in late 1990’s• Anti-extremism legislation after 2001• Increased restrictions in recent years– Extremism concerns– Consolidation of government power

Current Legislative Trends

• Some reasonable attempts to clarify, improve existing legislation– Proposed elimination of 15-year requirement in

Russia– Draft Ukrainian amendments– Armenian proposal to reduce minimum number of

members to 25

Registration Restrictions

• Compulsory registration/ ban on unregistered activity– Turkmenistan, Uzbekistan, Tajikistan– Belarus– Kyrgyz Republic – Kazakhstan– Armenia– Russia???

Registration Restrictions

• Increased registration requirements– Kyrgyz Republic– Kazakhstan– Ukraine???

Proselytizing Restrictions

• Kyrgyz Republic – no proselytizing or “illegal” missionary work

• Russian proposal – No proselytizing without authorization by religious

associations– No “material, social, or other benefits” or

“psychological pressure”– No proselytizing of minors without parental

permission

Proselytizing Restrictions

• Armenia– No “use of threat of physical or psychological

violence”– No “providing material or social advantage or

taking advantage of dependence”– No “inciting enmity or stirring up hatred against

another religion”– No “persecuting the person twice or more”– No proselytizing of minors without parental

permission

Proselytizing Restrictions

• Kazakhstan– Any proselytizing must be done by missionaries

individually authorized by state and annually re-registered

– State must review their beliefs and materials before authorizing

– No proselytizing in buildings of state bodies, armed forces, schools, prisons, hospitals, etc.

“Religious Expertise”

• Evaluation of religious organizations and materials by state-appointed “experts”– No criteria– No restrictions on evaluating beliefs

• Broad authority – deny or strip registration– designate material as “extremist” – determine if organization has “religious character”

or is engaged in “religious activity”

“Religious Expertise”

• Turkmenistan (2009), Tadjikistan (2009)• Kyrgyz Republic (2009)• Russian proposed amendments (2011)• Kazakhstan laws (2011)

Other Issues

• Censorship (Kazakh 2011 laws, other Central Asian laws)

• Limits on direction by organizations abroad– Kazakh laws: foreign-appointed leaders must be

approved by state– Armenia: no financial assistance from foreign

states, organizations, or individuals