DRAFT MOSCOW LEGISLATION MAY LIMIT "RELIGIOUS

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 012000

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/24/2016
TAGS: PGOV KDEM PHUM PREL RS
SUBJECT: DRAFT MOSCOW LEGISLATION MAY LIMIT "RELIGIOUS
AGITATION"


Classified By: Ambassador William J. Burns: 1.4 (b) and (d).


1. (SBU) Summary. The Moscow City Duma is considering a
quality-of-life bill which, if adopted in its present form,
would allow authorities to fine those engaged in many forms
of street solicitation, including "religious agitation."
Some religious organizations here worry that if passed as
currently written, the bill, which targets many types of
public activity, not just proselytizing, could be used as a
tool to restrict their missionary activities. The Ambassador
has already brought concerns over the proposed legislation to
the attention of Moscow Mayor Yuriy Luzhkov. Embassy will
also discuss the issue with Moscow City Duma Chairman
Vladimir Platonov. End Summary.

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Bill To Protect the "Public Order"
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2. (SBU) In May, the Moscow City Duma passed in a first
reading a series of amendments to the Moscow City Code for
Administrative Violations that establish penalties for
"pestering" and "violation of public order in the form of
solicitation of citizens for the purposes of purchase/sale,
barter, or acquisition of goods; or for purposes of
fortune-telling, begging, male or female prostitution,
religious agitation, or imposing other services in public
places." A second reading is expected in November, with a
final (third) reading to take place soon afterward. The
legislation could take effect as early as the first quarter
of 2007. Anton Paleyev, Moscow City Duma Deputy and member
of the Moscow City Duma Commission on Interethnic and
Inter-religious Affairs, in an October 17 meeting described
the amendments as an attempt to address minor "quality of
life" problems that are not covered by current federal
legislation.


3. (C) Paleyev predicted that the religious agitation
provision would be included in the adopted code. The
Commission's Expert Council, which includes representatives
from many religious organizations, approved the current
language. According to Paleyev, the article is necessary
because prostitution, panhandling (not just homeless people,
but even people pretending to be priests),pestering
passers-by with religious literature, etc., is getting worse.
In Moscow, Paleyev said, there are over 1000 registered
religious organizations, over 50 religious denominations, and
over 100 nationalities. He worried that "religious
agitation" might lead to friction among the various groups.



4. (C) The article under consideration is directed against
any "pestering" that violates the public order in the city.
This would include religious agitation (intrusive
proselytizing and aggressively giving out religious
literature, etc.) in public places, but only if it unduly
imposes upon Moscow citizens. Paleyev editorialized that
faith is a private matter, and thought no one should be
forced to listen to someone asking them personal questions
about their religious beliefs on the street. The new
legislation, which he said is based on "morality," is meant
to protect Muscovites' privacy. Paleyev described the code
modifications as "quality of life" amendments, targeting
public order, not freedom of speech. Religious organizations
can use other legal methods for their religious activities,
such as the media and legally organized meetings, he said.


5. (U) Commercial fliers and advertisements that are
distributed outside of metro stations and stores would not be
covered by the legislation, Paleyev clarified because the
fliers do not impose, do not try to convince, and do not
violate the right to privacy.


6. (U) Punishment for violating the article would be a simple
warning for the first offense, then a fine for each
subsequent violation (100-300 rubles -- about USD 4-12).
There are no harsher penalties for repeated violations of the
article. The legislation's goal is to warn and prevent such
behavior, not punish it, Paleyev said.

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Reactions to the Bill
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7. (C) The Church of Latter-Day Saints (LDS Church) is
particularly concerned about the article. According to LDS
Church International Legal Counsel Richard Page, the draft
legislation, if adopted, has the potential to disrupt
religious freedom. He said the term "religious agitation" is
not defined in the legislation and has no recognized meaning
in Russian law. As written, the legislation would

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effectively place broad interpretive and enforcement
discretion in the hands of the authorities. Much of an LDS
or other missionaries' day-to-day activity (handing out
tracts, overtures issued in public places) could arguably
fall within the scope of "religious agitation." If the
legislation were to pass in its current form, missionaries
could potentially have their work disrupted by the
authorities and/or complainants.


8. (C) Page said that the constitutionally-protected right to
disseminate religious beliefs would be equated with religious
agitation, and thus under the new legislation, acts aimed at
exercising a constitutional right could be deemed punishable
administrative offenses. He emphasized that this did not
mean that limits on missionary activities could not be
introduced. He agreed with a 1999 Constitutional Court
decree that the state is entitled to prevent missionary
activity when it is accompanied by an offer of material gain
or social benefits, when it seeks to influence individuals in
distress, psychological pressure, or when it is accompanied
by threats of force. These instances are not covered by the
draft legislation.


9. (C) Vladimir Ryakhovskiy, a lawyer with the Slavic Law
Center, said it was too early to assess the article, since
there is still a chance that it will not be included in the
final version of the law. He expects that if it were
included, it would be used selectively to harass certain
religious groups.

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Comment
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10. (C) The vague definition in the draft legislation of what
constitutes "religious agitation" is a concern, and if passed
in its current form, could be used to restrict missionary
activity, depending on its interpretation by the authorities.
The Ambassador has already addressed this issue with Moscow
Mayor Yuriy Luzhkov. He will also bring its potential
consequences to the attention of Human Rights Ombudsman Lukin
and Kremlin Human Rights Council Chairperson Ella Pamfilova.
Embassy will also meet with Moscow City Duma Chairman
Vladimir Platonov.
BURNS