CORRECTED COPY: KAZAKHSTAN: DRAFT AMENDMENTS TO RELIGION

UNCLAS SECTION 01 OF 03 ASTANA 000654 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: CORRECTED COPY: KAZAKHSTAN: DRAFT AMENDMENTS TO RELIGION LAW SPARK CONCERN ASTANA 00000654 001.2 OF 003 ¶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. -------------- -------------- AMENDMENTS WOULD TIGHTEN CONTROL OVER RELIGIOUS GROUPS -------------- -------------- ¶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. ¶5. (SBU) The proposed amendments would also limit the distribution of religious materials to officially recognized worship buildings, places of pilgrimage, buildings where religious organizations are located, cemeteries, crematoria, and in citizens' apartments and houses. The current religion law does not expressly limit the distribution of religious materials. -------------- TIMELINE FOR DRAFT AMENDMENTS -------------- ¶6. (SBU) Amanbek Mukhashov, deputy chairman of the RIC, told Poloff on February 15 that Kazakhstan's religion law is long overdue for an update, and that the current amendments are being drafted pursuant to a larger government legislative plan. He said that a working group of Ministry of Justice lawyers, representatives from five or six religious groups, scholars, and theologians was currently assimilating different proposals, and that it would offer draft amendments for public discussion at the end of March. He expects that the draft amendments will be presented to the Cabinet in April, undergo an interagency approval process, and be submitted to the parliament in June. He stated that the RIC is very open to outside input, and would invite the OSCE and human rights organizations to comment on the proposed amendments. -------------- GOVERNMENT WARY OF MINORITY RELIGIOUS GROUPS -------------- ¶7. (SBU) During the conversation, Mukhashov expressed frustration ASTANA 00000654 002.2 OF 003 that religion law amendments offered in 2002 were rejected as unconstitutional by the Constitutional Council, because they required any Islamic group seeking registration to get the approval of the Spiritual Association of Muslims of Kazakhstan (SAMK),the nominally independent though "official" coalition of mosques and clergy. The 2002 amendments were also found unconstitutional because they vested the SAMK with authority to approve the construction of mosques. (Note: In general, the 2002 religion amendments would have significantly tightened government control over religious groups. End note.) Mukhashov noted that he is not alone in disagreeing with the 2002 Constitutional Council ruling, and he believes that the government should enforce a hierarchy for Islam in Kazakhstan similar to the strict hierarchy for the Orthodox and Catholic churches. He finds it unacceptable that under the current law, Muslim groups with as few as 10 members can be registered without the SAMK's knowledge, leading to public confusion about the identity and alignment of the different groups. ¶8. (SBU) On February 27, the RIC held a hearing on the proposed amendments. The hearing included representatives from several traditional faiths, including Islam, the Orthodox Church, the Catholic Church, and Judaism, as well as two members of parliament very concerned about minority religious groups in Kazakhstan. Bjorn Halvarsson, deputy head of the OSCE's mission in Kazakhstan, also attended. (Note: The RIC also invited Ninel Fokina of the Almaty Helsinki Committee, though with only two days notice, she was unable to travel to Astana. End note.) According to Halvarsson, Amangeldy Aitaly, an ultra-nationalist deputy in the Mazhilis (lower house of parliament),strongly criticized minority religious groups in Kazakhstan, and said that they threaten the destruction of local culture. The representatives of Islam and the Orthodox Church spoke out in favor of stricter registration requirements and tighter government control over non-traditional groups, while the representatives from the other faiths were more moderate in their comments. Halvarsson reported that evangelical churches and groups with a missionary component were the clear targets of the criticism, and he noted that none of these groups were represented at the meeting. ¶9. (SBU) Halvarsson said that in a private conversation after the hearing, Yeraly Tugzhanov, chairman of the RIC, was clearly convinced of the need for more control over religious groups in Kazakhstan, though his views were more moderate than those of some of the other participants. Tugzhanov expressed interest in learning the OSCE's perspective, and asked the OSCE to submit comments and "best practices" to the RIC for their consideration. -------------- HUMAN RIGHTS COMMUNITY MOBILIZING TO OPPOSE -------------- ¶10. (SBU) In a meeting with Poloff, Fokina said that the new amendments are being developed by the KNB, with assistance from the RIC, the SAMK, and the Orthodox Church. She strongly condemned the proposed amendments, and said they will severely restrict the freedom of minority religious groups in Kazakhstan, such as smaller evangelical Christian groups and Muslim groups unaffiliated with the SAMK. Fokina said that the human rights community is mobilizing to oppose the amendments, and she plans to raise the issue with the Presidential Human Rights Commission and the Human Rights Ombudsman. ¶11. (SBU) Yevgeniy Zhovtis, director of the Kazakhstan International Bureau for Human Rights, also sharply criticized the proposed amendments during a meeting with Poloff. He called the amendments "exactly the wrong direction for Kazakhstan," and said that they reflect the government's ideology of increasing control over civil society. He predicted that if the government succeeds in tightening control over religious groups, it will next move to impose stricter controls over NGOs. Zhovtis asserted that the government is exaggerating the threat from extremist groups such as Hizb'ut-Tahrir in order to frighten the public and justify the new amendments. He said that the amendments violate constitutional protections for religious freedom, and called on Western governments to oppose the proposed amendments. -------------- COMMENT -------------- ¶12. (SBU) Although the RIC characterizes the draft amendments as a much-needed modernization of Kazakhstan's law on religion, and promises an open drafting process, human rights and religious freedom advocates have valid grounds for concern. The government has not made a convincing national security argument for the amendments, or even explained what specific threats it is seeking to ASTANA 00000654 003.2 OF 003 address. Post will monitor the legislative process and encourage the Kazakhstani government to uphold its oft-stated commitment to religious freedom. ORDWAY