KAZAKHSTAN: DRAFT AMENDMENTS TO RELIGION LAW SPARK CONCERN

UNCLAS ASTANA 000618

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR SCA/CEN (M. O'MARA),DRL/PHD, DRL/IRF

E.O. 12958: N/A
TAGS: PHUM PGOV PREL KDEM KZ
SUBJECT: KAZAKHSTAN: DRAFT AMENDMENTS TO RELIGION LAW SPARK CONCERN



1. (SBU) Summary: The Religious Issues Committee (RIC) of the
Ministry of Justice recently acknowledged that it is drafting
amendments to "modernize" and "update" Kazakhstan's law on religion.
According to a draft of the amendments circulating among the human
rights community, the new amendments would increase the role of the
RIC in registering and monitoring religious groups and severely
restrict the activities of any religious group with less than 50
members. An RIC official confirmed that some of these ideas were
under consideration, but stated that the amendments were still in
the draft stage, and that outside groups and religious confessions
would ultimately have the opportunity to comment on the proposed
legislation before it is submitted to the legislature.
Nevertheless, human rights activists are very concerned about the
threat to religious freedom posed by these amendments, and are
mobilizing to oppose them. End summary.

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AMENDMENTS WOULD TIGHTEN CONTROL OVER RELIGIOUS GROUPS
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2. (SBU) On February 1, Ninel Fokina, chairwoman of the Almaty
Helsinki Committee, distributed copies of draft religion law
amendments to PolOff, the OSCE human dimension officer, and several
diplomats from OSCE member states. Fokina acknowledged that the
document was a draft, but in her view it was substantially complete
based on her past experience with the legislative drafting process.


3. (SBU) According to the draft, Kazakhstan's religion law would be
amended in a number of areas. The provision that has drawn the most
attention thus far is the sharp restriction on the activities of any
group with less than 50 members. Such groups would be subject to a
mandatory, though simplified, registration process. Among other
things, they would be prohibited from publishing, producing,
exporting, or importing religious literature or materials designed
for religious purposes; setting up facilities for the production of
religious literature and other religious products; building and
maintaining facilities for religious services, meetings, and
worship; and soliciting or receiving financial donations. Although
the draft text is not entirely clear, this provision appears to
apply to both local, independent religious groups and local branches
of nationally registered groups.


4. (SBU) In addition, the proposed text appears to increase the
power of the RIC, empowering it to register religious associations
and all of their branch and representative offices; keep a database
on religious associations; oversee implementation of religious
freedom legislation; coordinate operation of foreign religious
organizations in Kazakhstan, including the appointment of their
leaders; and coordinate the construction of buildings for worship.
As part of the registration process, religious groups would be
required to provide the RIC with basic information on their faith
and their worship practices, including the history of the faith and
of the particular religious organization. The registration
materials will then be subjected to an "expert analysis," on which
the RIC will base its registration decision.