KAZAKHSTAN - RELIGION LAW AMENDMENTS HEADED TOWARD

C O N F I D E N T I A L SECTION 01 OF 02 ASTANA 001850

SIPDIS

E.O. 12958: DECL: 09/22/2018
TAGS: PHUM KIRF PGOV KZ
SUBJECT: KAZAKHSTAN - RELIGION LAW AMENDMENTS HEADED TOWARD
SECOND MAZHILIS READING

REF: ASTANA 1107 (NOTAL)

Classified By: Pol-Econ Chief Steven Fagin, Reasons 1.4 (b) and (d)

SUMMARY
--------------


1. (C) The Mazhilis will hold its second reading on a
package of amendments to Kazakhstan's religion law on
September 24. The latest text is an improvement over the
June version that was passed at the first reading, although
it still includes several problematic provisions. Civil
society and religious contacts maintain that this latest text
remains far too restrictive, but they predict that it will
pass the Mazhilis unchanged. NGO sources passed us a
document with remarks purportedly made at a closed government
meeting by Presidential Administration Deputy Chief Maulen
Ashimbayev, which indicate that exerting greater control over
"non-traditional" religious groups is an important priority
for the government. End Summary.

FURTHER IMPROVEMENTS ...
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2. (SBU) The Mazhilis working group responsible for
amendments to Kazakhstan's religion law has announced that
the draft text is ready for a second Mazhilis reading, which
is scheduled for September 24. If the legislation passes
without changes, it will move to the Senate for
consideration. Since the legislation went through a first
reading on June 10 (see reftel),the working group has made
several more changes to the text. (Note: The Mazhilis
usually approves the general concept of a piece of
legislation at the first reading, and reserves
provision-by-provision review for the second reading. End
Note.) The June text was a clear improvement over the
original legislation introduced in May. The latest version
appears to incorporate several further improvements, most
notably as follows:

-- A proposal for a restrictive definition of a religious
confession (as a "movement known throughout the region, with
historic recognition") has been removed. Instead, the latest
text retains a broader definition that exists in current law.

-- Several proposed restrictions on missionary activities
have been removed, including (1) a requirement to obtain the
permission of neighbors for activities conducted in private
homes, and (2) a ban on missionary activities in secular
institutions, public places, and on the streets.

... BUT PROBLEMATIC PROVISIONS REMAIN
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3. (SBU) Despite the abovementioned changes, the latest
draft nevertheless still contains a number of points of
concern. In particular, a religious group would still have
to have at least fifty members to register. Groups with
fewer than that number would be barred from proselytizing and
from renting public places for services, though they would be
allowed to publish their own religious literature. The
latest draft would also require oral permission from parents
for minors to attend religious events, and would levy fines
on religious organizations for failing to comply with this
provision. In addition, the Ministry of Justice's Religious
Issues Committee (the body responsible for registering
religious groups) would retain broad powers to review,
suspend, and deny registration to organizations, and all
religious organizations would be required to re-register
within one year.

CIVIL SOCIETY SAYS "CONCEPT" OF LAW IS WRONG
-------------- --


4. (SBU) Key NGO leaders remain highly skeptical of the most
recent changes introduced into the legislation. Almaty
Helsinki Committee head Ninel Fokina and Association of
Religious Organizations of Kazakhstan head Alexander Klyushev
told us separately on September 17 that "the concept of the
law is deficient" and the legislation itself, not its
individual provisions, must be rethought. Klyushev said if
the current text becomes law, a pastor who decides to meet
with believers in a neighboring district would have to
separately register with the authorities in that district,
something Klyushev called a "dramatic infringement on
religious freedom." Fokina contended that the draft law
would "destroy Kazakhstan's image as a liberal country
tolerant to diverse faiths." Both Fokina and Klyushev
strongly believe that the latest text will pass through a
second Mazhilis reading unchanged. They intend to direct
their lobbying efforts at the Senate, with the hope of
stopping the legislation there.

ASTANA 00001850 002 OF 002



TIGHTER CONTROL A GOVERNMENT PRIORITY
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5. (C) Klyushev asserted to us that the amendments to the
religious law are just one part of a broader drive on the
part of the government to increase control over
"non-traditional" religious groups. As proof, he presented
us with a copy of a statement Presidential Administration
Deputy Chief Maulen Ashimbayev purportedly made in August at
a closed high-level government meeting on the government's
priorities in domestic policy. (Comment: The same statement
was passed to us by Fokina. Both Klyushev and Fokina said
they could not reveal the source that gave them the document
and asked that we keep it confidential. While the substance
of the document is not entirely surprising, we have no/no
means of independently confirming its authenticity. End
Comment.)


6. (C) The issue of "non-traditional" religions figured
prominently in Ashimbayev's alleged remarks. He maintained
that there are organizations associated with Protestant
churches and other "non-traditional" religious groups which
are not themselves registered as religious groups but are
nevertheless involved in religious education and
proselytizing. He called on oblast akims (i.e., regional
governors) and government bodies to "administratively
curtail" the activities of such organizationas. He also
ordered an "unofficial moratorium" on the construction of any
new religious buildings of "non-traditional" groups, except
in special circumstances with the approval of the Religious
Issues Committee and the Presidential Administration. He
directed that "the sixty or so independent mosques" be
brought "under the patronage of the Spiritual Administration
of Muslims in Kazakhstan."


7. (C) Ashimbayev admitted that the new religious
legislation would bring "greater regulation in the religious
sphere." Talking about the mandatory re-registration of all
religious groups, he said that "a number of organizations
will have to be closed, others supported." "This is our
task," Ashimbayev reportedly said, and this work must be
conducted "quietly and precisely," with careful coordination
with the central authorities.

COMMENT
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8. (C) We fully expect that some form of new religious
legislation will become law in the coming months. The fact
that the Mazhilis working group further softened the text in
response to criticism from civil society and the
international community is nevertheless a good sign.
Ashimbayev's purported remarks are perhaps not surprising.
It has been clear for some time that with the proposed
legislation as well as through other initiatives, the
government is intent on exercising greater control over
"non-traditional" religious groups -- as well as over
independent Muslims. Senate Chairman Tokayev promised us in
June that the Senate would take into account the
recommendations of ODIHR and, if necessary, would make
changes in the text ultimately approved by the Mazhilis. We
may see very soon whether he keeps to his word. End Comment.

MILAS