Source: www.forum18.org
Date: November 28, 2023
https://www.forum18.org/archiv
By Felix Corley, Forum 18, and Mushfig Bayram, Forum 18
On 10 November, the government's draft legislation website posted the
Kyrgyz and Russian texts of two proposed new laws which would continue to
restrict freedom of religion or belief. A proposed new Religion Law would
replace the 2008 Religion Law and subsequent amendments. An associated
proposed new Amending Law in the Area of Religion would introduce
amendments to the 2021 Violations Code, as well as the laws on political
parties, on elections to and deputies of local keneshes (administrations),
and on parliamentary deputies.
A member of a religious community, who asked Forum 18 not to identify them
or their community, complained that the proposed new Religion Law is "more
restrictive than the current one".
One Protestant expressed concern about the provision that religious
communities would have to re=register every five years. "We believe that
they will use this to close down any church they do not like," they told
Forum 18 (see below).
A member of the Ahmadi Muslim community, which was banned by the
authorities in 2011 (https://www.forum18.org/archi
complained to Forum 18 that the proposed new Religion Law "on top of all
the restrictions which make it impossible for us to share our faith, has
some vague nuances. It says nothing about religious communities whose
headquarters are not inside the country but abroad."
"Ever since our ban we have not been able to meet publicly for worship,"
the Ahmadi Muslim added. "It is unfortunate that a peaceful community such
as ours was refused registration under the excuse of being a destructive
organisation."
Both drafts were prepared by the State Commission for Religious Affairs
(SCRA), and both draft laws are open for public discussion until 9
December. As of 28 November, the SCRA website makes no mention of the
proposed new Laws or that they are open for public discussion (see below).
Toygonbay Abdykarov, Chair of the SCRA, refused to explain to Forum 18 why
a new more restrictive Religion Law is needed. Told that a range of
religious communities have complained to Forum 18 that it is a "very
restrictive Law" and asked why - instead of improving the current Religion
Law to allow freedom of religion or belief - the authorities made it more
restrictive, Abdykarov admitted: "Yes, it may be restrictive, but we have
all the reasons for it to be so" (see below).
The new Religion Law – if eventually adopted by Parliament, the Zhogorku
Kenesh, in its current form – would come into force 10 days after its
official publication following presidential signature (see below).
The government's draft legislation website published a justification for
producing the draft Religion Law along with the texts of the two draft
laws. The justification claims among other reasons that the "objective of
the draft law .. is to .. fulfil the international obligations of the
Kyrgyz Republic" (see below).
The SCRA has previously prepared multiple drafts of a new Religion Law, all
of which would have continued to violate Kyrgyzstan's legally binding
international human rights obligations, and has argued against Kyrgyzstan
implementing its human rights obligations. The latest draft Religion Law
and the draft Amending Law contain multiple examples of the regime ignoring
legally-binding international human rights obligations (see below).
The proposed new Law would (see below) among other things:
- continue to require all religious communities to gain state registration
before they are allowed to exist or exercise freedom of religion or belief;
- continue to make illegal and punishable any exercise of freedom of
religion or belief by religious communities without state registration;
- impose compulsory re-registration of religious communities every five
years;
- impose multiple burdensome registration requirements, including high
thresholds for the numbers of founders required for a religious community;
- impose obstacles to founding religious communities, such as requiring a
founding meeting to unanimously vote to establish a community;
- give the SCRA multiple arbitrary powers to reject registration
applications, including requiring a state "expert analysis" of beliefs;
- allow the National Security Committee (NSC) secret police and Interior
Ministry to veto a religious community being founded on grounds of alleged
"possible involvement in terrorist and extremist organisations and
terrorist activities";
- ban Muslims from founding any religious communities which are not
controlled by the regime-controlled Muslim Board;
- give the SCRA extensive powers to "control" registered religious
organisations and religious education establishments, as well as registered
places of worship;
- give the SCRA extensive powers to ban religious communities;
- require registered religious organisations and religious education
establishments to provide the SCRA with annual intrusive reports on their
activities;
- require all places of worship, including Muslim prayer rooms, to gain
state registration from the SCRA;
- ban Muslim prayer rooms in a residential block of flats (except on the
ground floor) or in pre-school or general educational establishments;
- require registered religious organisations and educational establishments
to gain SCRA permission for any religious rituals or other mass events they
plan away from their registered premises;
- continue SCRA censorship of all religious texts and material, with only
registered religious organisations being allowed to import such texts and
material;
- continue the ban on distributing religious literature or materials "in
public places, as well as by going round residential properties, state and
municipal organisations, and in pre-school and general educational
establishments, with the exception of religious educational
establishments";
- ban religious education (whether of children or adults) without SCRA
permission, including allowing the SCRA to control the curriculum;
- require SCRA permission for individuals to travel to study in a religious
educational establishment abroad;
- continue to ban teaching religion individually outside a religious
educational establishment;
- require SCRA registration for those sent by foreign religious
organisations "to conduct religious activity in Kyrgyzstan", with only
registered religious organisations being able to apply for such
registration;
- and ban elected members of local keneshes and the national Parliament
from conducting "religious activity". It is unclear if this means that
elected members could not be leaders or members of registered religious
organisations, or even be banned from attending any meetings for worship
(see below).
The Violations Code allows the police and the SCRA to issue summary fines
for violating Article 142. The new Amending Law increases the scope of the
exercise of freedom of religion or belief that would be punishable under
this Article (see below).
Public discussion on two draft laws until 9 December
On 10 November, the government's draft legislation website posted the
Kyrgyz and Russian texts of two proposed new laws which continue to
restrict freedom of religion or belief. A proposed new Religion Law would
replace the 2008 Religion Law
(https://www.forum18.org/archi
amendments.
An associated proposed new Amending Law in the Area of Religion would
introduce amendments to the 2021 Violations Code
(https://www.forum18.org/archi
on political parties, on elections to and deputies of local keneshes
(administrations), and on parliamentary deputies.
Both drafts were government initiatives and prepared by the State
Commission for Religious Affairs (SCRA), and the government website says
both draft laws are open for public discussion until 9 December. As of 28
November, the website records no comments on either proposed new Law.
Ayday Khudaybergenova, Chief of Parliament's General Section, which is
responsible for registering proposed Laws reaching Parliament, noted that
the proposed new Religion Law and the Amending Law have not yet reached
Parliament.
"9 December is the date until which all proposals from the public will be
received and until 16 December they will be considered and decided whether
any particular proposals from the public will be accepted," Khudaybergenova
told Forum 18 on 28 November. "Then discussion of the Laws in Parliament
will begin." She could not tell Forum 18 which Deputies would be
responsible for initially considering the proposed new Laws. "We do not
have any information on that yet."
The new Religion Law – if adopted in its current form – would come into
force 10 days after its official publication following presidential
signature.
The Kyrgyz authorities have not sought legislative assistance on these
draft laws from the Organisation for Security and Co-operation in Europe
(OSCE)'s Office for Democratic Institutions and Human Rights (ODIHR) or the
Council of Europe's Venice Commission.
"ODIHR hasn't so far been asked by the Kyrgyz authorities to review either
of these draft laws, but we would be ready and willing to do so if we
received such a request," Katya Andrusz, ODIHR's spokesperson, told Forum
18 from Warsaw on 22 November. Similarly, a spokesperson for the Venice
Commission told Forum 18 on 21 November that it has not received a request
for an opinion on these draft laws.
"Yes, it may be restrictive, but we have all the reasons for it to be so"
Toygonbay Abdykarov, Chair of the State Commission for Religious Affairs
(SCRA), refused to explain to Forum 18 why a new more restrictive Religion
Law is needed. He did not explain why the SCRA has not publicised the draft
Laws on its website. He did not say whether the authorities would be
seeking legislative assistance from the OSCE or the Venice Commission.
"Last year we discussed the Law with representatives of various religious
communities and now we opened it for open, public discussion," Abdykarov
told Forum 18 on 28 November. "The communities have until 9 December to
send their opinion and proposals. We will only then finalise the draft Law
and only then discussions will begin in Parliament."
Told that a range of religious communities have complained to Forum 18 that
it is a "very restrictive Law" and asked why - instead of improving the
current Religion Law to allow freedom of religion or belief - the
authorities made it more restrictive, Abdykarov admitted: "Yes, it may be
restrictive, but we have all the reasons for it to be so, for each point in
the Law."
Abdykarov declined further to discuss the Law or other questions related to
violations of freedom of religion or belief in Kyrgyzstan. "Look you are
taking my time. I am very busy. Please send the rest of your questions in
writing."
"To .. fulfil the international obligations of the Kyrgyz Republic"?
The government's draft legislation website published a justification for
producing the draft Religion Law along with the texts of the two draft
laws. The justification claims that the draft Law is dictated by the need
to enact the rights to freedom of belief and the activity of religious
organisations in the light of the new May 2021 Constitution.
The new Constitution was strongly criticised in a Council of Europe Venice
Commission and Organisation for Security and Co-operation in Europe's
(OSCE) Office for Democratic Institutions and Human Rights (ODIHR) March
2021 Joint Opinion (https://www.forum18.org/archi
as well as by Human Rights Watch and local and international human rights
defenders.
"The objective of the draft law," the justification prepared by the SCRA
claims, "is to improve the legislative framework, fulfil the international
obligations of the Kyrgyz Republic, and ensure continuity and consistency
of state policy in the religious sphere." It also claims that the 2008
Religion Law contains "numerous inconsistencies and gaps" affecting half
that Law.
The Amending Law is not accompanied by a separate justification.
The SCRA has previously prepared multiple drafts of a new Religion Law, all
of which would have continued to violate Kyrgyzstan's legally binding
international human rights obligations
(https://www.forum18.org/archi
The most recent 2021 draft was withdrawn
(https://www.forum18.org/archi
Kanatbek Midin uuly told Forum 18 in July 2023
(https://www.forum18.org/archi
Religion Law "needed improvement". He refused to explain the reasons in
more detail, or whether United Nations (UN) Human Rights Committee
Concluding Observations would be implemented in a revised draft Religion
Law.
In December 2022, the UN Human Rights Committee's Concluding Observations
on Kyrgyzstan (CCPR/C/KGZ/CO/3 (https://www.undocs.org/CCPR/C
stated – as have previous Concluding Observations - among other things
that Kyrgyzstan should: "Expedite the adoption of the legislative
amendments to the Freedom of Religion and Religious Organizations Act and
ensure that all limitations that are incompatible with article 18 ["Freedom
of thought, conscience and religion"] of the Covenant [the ICCPR] are
removed .."
Kyrgyzstan ratified both the International Covenant on Civil and Political
Rights
(https://www.ohchr.org/en/inst
(ICCPR) and its Optional Protocol (OP1) (under which individual complaints
are made
(https://www.ohchr.org/sites/d
7 October 1994. By voluntarily doing this, Kyrgyzstan took on both the
binding international human rights law obligations of the ICCPR, and the
obligation to correct any violations of its obligations
(https://www.ohchr.org/en/inst
– such as violations found by the UN Human Rights Committee.
Examples of such individual complaints include those concerning Jehovah's
Witness communities, which have been repeatedly denied state registration
(https://www.forum18.org/archi
communities. Such denials have "a chilling effect", Jehovah's Witnesses
note. They took their cases to the UN Human Rights Committee, which in two
decisions so far have found that Kyrgyzstan violated the rights of
Jehovah's Witnesses (https://www.forum18.org/archi
by arbitrarily refusing their communities in Naryn, Osh, and Jalal-Abad
regions state registration.
SCRA officials have claimed – wrongly – that Human Rights Committee
views "are for consideration but not for implementation"
(https://www.forum18.org/archi
court officials refused to explain to Forum 18 in July why the SCRA
rejected registration applications – including after the Human Rights
Committee decisions - ignored repeated Human Rights Committee decisions,
and why the SCRA claimed that Kyrgyzstan's legally binding international
human rights law obligations are not legally binding.
The draft Religion Law and the draft Amending Law contain multiple examples
of the regime ignoring Kyrgyzstan's legally-binding international human
rights obligations.
"Illegal" exercise of freedom of religion or belief
Under the current Religion Law, the unregistered exercise of freedom of
religion or belief is illegal and punishable
(https://www.forum18.org/archi
of the proposed new Religion Law continues this restriction, specifying
that the exercise of freedom of religion or belief without SCRA
registration would be illegal and punishable under the Violations Code.
The OSCE / Council of Europe Venice Commission Guidelines on the Legal
Personality of Religious or Belief Communities
(https://www.osce.org/files/f/
permission may not be made a condition for the exercise of the freedom of
religion or belief. The freedom of religion or belief, whether manifested
alone or in community with others, in public or in private, cannot be made
subject to prior registration or other similar procedures, since it belongs
to human beings and communities as rights holders and does not depend on
official authorization."
Article 8 of the proposed new Religion Law would set out what exercise of
freedom of religion or belief is permitted, including "satisfying the
religious needs of believers", as well as sharing faith, holding meetings
for worship and other religious purposes, religious education, producing
and distributing religious literature, and building places of worship.
Article 8 then sets out what would be the "illegal" exercise of freedom of
religion or belief: "activity without undergoing registration with the
authorised state body [the SCRA], or carrying out activity outside the
designated territory [where a religious organisation is registered], or
carrying out religious educational activity privately outside of religious
educational institutions".
The Amending Law would reword the provision in Article 142 of the
Violations Code to punish those who exercise of freedom of religion or
belief without state permission with a fine of 75 Financial Indicators
(FIs) on individuals (7,500 Soms, equivalent to just over two weeks'
average wages) and 230 FIs on organisations. The Violations Code allows the
police and the SCRA to issue summary fines for violating Article 142.
Burdensome registration requirements
Under Article 11 of the proposed new Religion Law:
- local religious organisations would require at least 100 adult citizen
founders living in a single District of the country;
- regional religious organisations would require at least 500 adult citizen
founders living in a single Region of the country;
- and national religious organisations would require at least 3,000 adult
citizen founders living "proportionately" in at least five of the country's
nine Regions. "Proportionately" is not defined.
(The current Religion Law requires religious organisations to have 200
adult founders (https://www.forum18.org/archi
anywhere in the country.)
A Protestant expressed concern about the large numbers of adult citizens
that would be needed to register regional and national bodies. "We have
difficulty collecting signatures of 200 persons at the moment to register
in one locality," the Protestant told Forum 18 in late November. "This
means to us that the authorities particularly do not want the participation
of Protestant Churches in the decision-making process in the area of
religion on the national or regional level. They want to limit our
religious activity as much as they can."
Another Protestant agreed that finding people locally prepared to sign a
registration application might be difficult in many places. "Currently
citizens of Kyrgyzstan living anywhere in the country can be founders, but
with the new Law only residents living in one region would be allowed for
the registration of a community in a particular region," the Protestant
told Forum 18 in late November. "This will create an extra burden, since
often it is very difficult to find 100 members, as would be required, of a
community living in the same region, who would agree to give their
signatures to the state organs."
Many smaller churches have not sought state registration as they are, they
told Forum 18 in July 2023
(https://www.forum18.org/archi
reprisals for themselves as communities as well as their members". They
fear that if regime agencies are given – as is required – the personal
details of founders this will lead to state surveillance of their private
lives, and possible later targeting by regime agencies. Followers of other
beliefs, such as Hare Krishna devotees, have similar fears.
Fears of state reprisals have grown since 2019, and as a member of a
religious community commented to Forum 18
(https://www.forum18.org/archi
"practically speaking, registration only gives you permission to exist.
Registration does not give you the freedoms one should expect."
In known incidents so far in 2023 of regime targeting of registered
communities (https://www.forum18.org/archi
Catholic church has been raided by the SCRA, the National Security
Committee (NSC) secret police, and Talas police "Department for the
Struggle against Extremism and Illegal Migration", with congregation
members detained at gunpoint, and two nuns each fined the equivalent of
just over two weeks' average wages for reading the Bible at Mass. After the
raid, the SCRA threatened to ban the Catholic Church nationwide. Elsewhere,
two foreigners at a registered Protestant church were also fined.
The Interior Ministry, police "Departments for the Struggle against
Extremism and Illegal Migration", the SCRA, and the NSC secret police all
refused to explain to Forum 18
(https://www.forum18.org/archi
legally-binding international human rights obligations.
The OSCE / Council of Europe Venice Commission Guidelines on the Legal
Personality of Religious or Belief Communities
(https://www.osce.org/files/f/
"burdensome requirements that are not justified under international law
include, but are not limited to, the following: that the registration
application be signed by all members of the religious organization and
contain their full names, dates of birth and places of residence .. that
excessively detailed information be provided in the statute of the
religious organization; that the religious organization has an approved
legal address; or that a religious association can only operate at the
address identified in its registration documents".
Legislation, the Guidelines also note, "should not make obtaining legal
personality contingent on a religious or belief community having an
excessive minimum number of members".
Article 12, Part 3 of the proposed new Religion Law would require all the
founders of any religious organisation to be personally present at a
meeting that formally founded the organisation and chose its leadership.
All participants would have to vote unanimously to found the organisation.
A simple majority of votes would be required to choose the leaders.
It remains unclear what would prevent an individual who did not want a
specific religious organisation to exist – for example a regime official
- from attending a founding meeting, and voting against its founding.
Founders of a religious organisation would also be considered the members
of it.
Under Article 22, Part 3, a religious community's application would require
a full list of all the founders, including their full name, date of birth,
citizenship, address, and identity document details. This list would have
to be legally notarised. (The current Religion Law has the same requirement
(https://www.forum18.org/archi
Under Article 21, Part 1, the SCRA would reject any registration
application if any one of the founders has lost their identity documents,
has an unspent criminal record, or has been banned from "conducting
religious activity in Kyrgyzstan" by a court.
It appears that if - for example - a local religious community gathers 100
adult citizens living locally, and they unanimously agree to found a
religious organisation, and submit an application and associated
documentation, if the SCRA would discover that any of the 100 is
ineligible, the local religious community's application would be rejected.
The religious community would then have to start the whole procedure again
by calling a new founders' meeting and preparing a new application.
Article 19, Part 12 would allow the religious community 30 working days to
appeal against a SCRA rejection after the application and associated
documents have been returned to the community. The appeal must first be
made to the SCRA or "a higher administrative body" (the President), and
could then be made to a court.
Under Article 22, Part 3, religious communities applying for registration
would have to include with their application a document with "information
about the basics of the doctrine and the practice corresponding to it,
including the history of its origin, the forms and methods of its
activities, the attitude towards family and marriage, education, the
peculiarities of the attitude towards the health of followers of a given
religion, and restrictions for members and servants of the organisation
regarding civil rights and obligations". (The current Religion Law has the
same requirement (https://www.forum18.org/archi
The OSCE / Council of Europe Venice Commission Guidelines on the Legal
Personality of Religious or Belief Communities
(https://www.osce.org/files/f/
must respect the autonomy of religious or belief communities when
fulfilling its obligation to provide them with access to legal personality.
.. states should observe their obligations by ensuring that national law
leaves it to the religious or belief community itself to decide on .. the
substantive content of its beliefs .. In particular, the state should
refrain from a substantive as opposed to a formal review of the statute and
character of a religious organization."
Religious communities would also have to include documentary evidence that
they have a suitable venue, which could not be a residential address, with
all documentation related to the venue's purchase or rental.
Article 13, Part 3 of the proposed new Religion Law would require religious
organisations to include in their statute "the territories in which the
religious organisation carries out its activity".
Article 14 would specify that religious organisations' names and symbols
must include their religious affiliation. Religious organisations would not
be able to use names or symbols of already registered religious
organisations. It is unclear how broadly this would be applied.
Under Article 15, only religious organisations of one faith with
communities in all nine of the country's Regions (as in the current Law)
would be allowed to form central administrations.
As at 28 November 2023, for example, the SCRA website lists Catholics,
Jehovah's Witnesses and Seventh-Day Adventists as having registered
communities in only 6 of the country's 9 regions, and the Russian Orthodox
Church and the Baha'is having registered communities in 8 of the country's
9 regions.
Article 15 also specifies that for Muslims, the central administration
would be the regime-controlled Muslim Board
(https://www.forum18.org/archi
Muftiate). This would appear to prevent the formation of independent
nationwide Muslim bodies that are not controlled by the regime. The reason
why Muslims are targeted by this restriction is not explained.
Article 18, Part 3 would ban already registered religious organisations
from opening other "branches or representations". This appears designed to
reverse a September 2014 Supreme Court ruling
(https://www.forum18.org/archi
organisation is not limited to carrying out its activity only in the place
where it has its legal address.
Under Article 19, the SCRA would be given 30 days to consider registration
applications, which can be lodged in either Kyrgyz or Russian. The SCRA
would check "the veracity of information and accordance with the current
Law" of the application and associated documents. The SCRA would return
incomplete or inaccurate applications, but they could be resubmitted once
corrected.
Article 19, Part 9 would specify that the SCRA "forwards the applicant's
documents to the internal affairs and national security authorities to
obtain a conclusion on possible involvement in terrorist and extremist
organisations and terrorist activities". The Interior Ministry and the NSC
secret police (https://www.forum18.org/archi
be given 14 working days to conduct "verification", while the SCRA would be
given an extra 30 days.
Under Kyrgyzstan's legally binding international human rights obligations,
"national security" is not a legitimate reason to restrict the exercise of
freedom of religion or belief. The UN Human Rights Committee has, in
General Comment 22 (https://undocs.org/CCPR/C/21/
International Covenant on Civil and Political Rights Article 18 ("Freedom
of thought, conscience and religion"), stated: "restrictions are not
allowed on grounds not specified there [in ICCPR Article 18], even if they
would be allowed as restrictions to other rights protected in the Covenant,
such as national security."
This is reiterated in the OSCE's Freedom of Religion or Belief and
Security: Policy Guidance
(https://www.osce.org/files/f/
Article 19 of the proposed new Religion Law adds that the NSC secret police
would check the founders and religious organisations against international
and national lists of persons involved in allegedly "terrorist" and
"extremist" activities, or money laundering.
The OSCE's Freedom of Religion or Belief and Security: Policy Guidance
(https://www.osce.org/files/f/
"‘extremism' is an imprecise term without a generally accepted
definition, which leaves it open to overly broad and vague interpretations
and opens the door to arbitrary application of the law".
Article 21, Part 1 would give the Interior Ministry and the NSC secret
police the power to veto any community's registration.
The NSC secret police already stops registration applications
(https://www.forum18.org/archi
religious communities (such as Jehovah's Witnesses), and has been
responsible for the banning of Ahmadi Muslims.
Article 19, Part 10 of the proposed new Religion Law would specify that "in
cases of controversial issues of a religious nature," the SCRA would send
the registration application to "independent experts" for a "state
religious studies expert analysis". The SCRA would be given an extra 30
days to consider the application.
State "expert analyses" of religious materials and religious communities'
beliefs have been used to justify regime human rights violations, such as
censoring and banning films and texts officials dislike
(https://www.forum18.org/archi
entire religious community, and in August 2023 jailing a Protestant for six
months for questioning regime religious policy
(https://www.forum18.org/archi
Article 21, Part 1 would allow the SCRA to reject applications from
communities if they have "similar names" to existing registered religious
communities. Article 22, Part 2 would allow individuals to check in advance
with the SCRA if a proposed name for a religious organisation would be
suitable.
Once a religious organisation is registered, under Article 27 it would be
required to notify the local administration where it is based within
working five days of its registration and its address. It would also have
to provide it with the name, address, phone number and passport details of
the leader. The religious organisation would need to send confirmation of
this notification to the SCRA within five working days.
Once a religious organisation is registered, under Article 26 it would be
required to notify the SCRA within 30 days of any changes to its founders
(members), address, leadership body, phone or fax number, or e-mail
address.
Religious organisations must re-register every five years
Article 10 of the proposed new Religion Law would divide registered
religious organisations (the only ones allowed to exist and function) into
national, regional, and local organisations.
Article 10, Part 2 would specify that the required compulsory SCRA
registration would last no more than five years. Religious organisations
that would want to continue to function would then be required to undergo
re-registration. No reason is given for the five-year time limit on the
validity of registration.
Article 23 would specify that re-registration applications would entail the
same requirements as in the original registration procedure, with a
requirement for a meeting of all the adult citizen founders and preparation
of all required documentation.
One Protestant expressed concern about the provision that religious
communities would have to re=register every five years. "We believe that
they will use this to close down any church they do not like," they told
Forum 18 in late November.
Another Protestant described the "repetition of this process every 5 years
for new registration" to Forum 18 as "an immense burden".
The current Religion Law
(https://www.forum18.org/archi
the duration of registration. Article 47 of the draft new Religion Law
specifies that when the new Law comes into force, registered religious
organisations' current registration would be deemed to last for five years.
Compulsory re-registration linked with denials of communities' existing
legal status is illegal under international law. As the OSCE / Council of
Europe Venice Commission Guidelines on the Legal Personality of Religious
or Belief Communities
(https://www.osce.org/files/f/
where new provisions to the system governing access to legal personality of
religious or belief communities are introduced, adequate transition rules
should guarantee the rights of existing communities. Where laws operate
retroactively .. (for example, requiring reapplication for legal
personality status under newly-introduced criteria), the state is under a
duty to show that such restrictions are compliant with the criteria set out
in Part I of these Guidelines."
(The Guidelines' Part 1 outlines the permissible restrictions on the
freedom of religion or belief, including that "limitations may not be
retroactively or arbitrarily imposed on specific individuals or groups;
neither may they be imposed by rules that purport to be laws, but which are
so vague that they do not give fair notice of what the law requires or
which allow for arbitrary enforcement".)
The Guidelines go on to note that "the state must demonstrate the objective
reasons that would justify a change in existing legislation, and show that
the proposed legislation does not interfere with the freedom of religion or
belief more than is strictly necessary in light of those objective
reasons".
The SCRA's extensive powers of "control"
Under Article 44, Part 5 of the proposed new Religion Law, the SCRA and its
regional offices would exercise "control" over how registered religious
organisations and religious education establishments, as well as registered
places of worship, abide by the provisions of the Religion Law and their
own statutes.
The SCRA would have the right to demand administrative and financial
documents from the leadership of registered religious organisations. (The
current Religion Law has the same provision
(https://www.forum18.org/archi
the right to seek such information from state tax and statistics
authorities and from banks.
The SCRA would also have the right to send its officials to attend events
by registered religious organisations. (The current Religion Law has the
same provision (https://www.forum18.org/archi
The SCRA would be required to inspect "no more than once a year" each
registered religious organisation and religious education establishment, as
well as each registered place of worship. State and municipal bodies would
be able to ask the SCRA to conduct such an inspection of a particular
religious organisation or place of worship.
If SCRA officials find a violation of the Religion Law during such an
inspection, the SCRA would issue a written warning to the religious
organisation specifying a deadline (of up to 60 days) by which it would
have to have ended the violation.
If the religious organisation does not in the SCRA's view end the violation
within the SCRA's deadline, the SCRA would, under Article 45, be able to
ban the organisation's activity for up to 90 days. If the religious
organisation still does not in the SCRA's view end the violation within
that period, the SCRA would be able to go to court to liquidate the
organisation. This would make all exercise of freedom of religion or belief
by the organisation illegal. (The current Religion Law has similar
provisions (https://www.forum18.org/archi
The exercise of freedom of religion or belief by religious organisations
would also be able to be "halted, liquidated or banned" if they violated
the February 2023 Countering Extremist Activity Law. This Law has been
criticised by human rights defenders
(http://birduino.kg/en/press/r
Intrusive reporting requirements
Article 44 of the proposed new Religion Law would require registered
religious organisations and religious education establishments to provide
the SCRA with intrusive reports. These would include "an annual report on
its activities, including religious premises, personnel of governing
bodies, employees, teachers and students for a religious educational
establishment, as well as documents on the expenditure of funds and the use
of other property, including those received from international and foreign
organisations, foreign citizens and stateless persons".
(The current Religion Law has similar reporting requirements
(https://www.forum18.org/archi
If a religious organisation would fail to supply the annual report, the
SCRA would issue a written warning. If it would fail to comply within the
SCRA's deadline, the SCRA would, under Article 45, be able to ban the
organisation's activity for up to 90 days. If it would then fail to comply
within that period, the SCRA would be able to go to court to liquidate the
organisation (thereby rendering all its activity illegal).
If a religious organisation would commit a violation for the second time
within a year, the SCRA would be able to go to court to have the
organisation liquidated.
(The current Religion Law specifies a much wider range of reasons
(https://www.forum18.org/archi
court to liquidate a religious organisation, such as if it is harming
individuals' life or health, forcing adherents to hand over their property,
or encouraging suicide.)
Places of worship would require registration
Article 30 of the proposed new Religion Law would require state
registration with the SCRA of buildings used by registered religious
organisations (including places of worship) and by registered religious
education establishments. Such buildings would be allowed to be used only
after they are registered.
Registration applications would need to include documents confirming the
ownership, rental or other legal use of the building.
A Protestant described the registration requirement for places of worship
as "an extra burden on religious organisations". "Getting such registration
will be a difficult process, since the National Security Service, secret
police and the Interior Ministry, and local mayor's office will have to
give permission for such registration," the Protestant told Forum 18 in
late November. "The registration as a religious building could mean that
the community may be banned in future to use it for other purposes for its
members or the wider public."
Once a religious building is registered, under Article 30 the owner would
be required to notify the local administration where it is based within
working five days of its registration and its address. It would also have
to provide it with the name, address, phone number, email address and
passport details of the owner. The owner would need to send confirmation of
this notification to the SCRA within five working days.
The Cabinet of Ministers would be in charge of setting out provisions for
building, reconstructing or changing the usage of such religious buildings.
The Amending Law would add a provision to Article 142 of the Violations
Code to punish those who maintain a place of worship which is not
registered with the SCRA with a fine of 75 Financial Indicators (FIs) on
individuals (7,500 Soms, equivalent to just over two weeks' average wages)
and 230 FIs on organisations. The Violations Code allows the police and the
SCRA to issue summary fines for violating Article 142.
"Prayer rooms" would require registration
Article 29 of the proposed new Religion Law would define a "prayer room" as
"a room in a building or separate structure that has public access and is
used exclusively for the purpose of prayer". It specifies that these would
not be allowed to be used until they have state registration.
It appears that "prayer rooms" are only Muslim prayer rooms which are not
mosques.
Registered religious organisations or individuals would be allowed to apply
to the SCRA to register "prayer rooms." The applicant would have to provide
documents confirming their ownership, rental or other right to use the
premises.
"Prayer rooms" would be banned in residential blocks of flats (apart from
on the ground floor), as well as in educational establishments. Those who
violate this would face punishment under the Violations Code.
Once a "prayer room" is registered, under Article 29 it would be required
to notify the local administration where it is based within working five
days of its registration and its address. It would also have to provide it
with the name, address, phone number, email address and passport details of
the owner. The owner would need to send confirmation of this notification
to the SCRA within five working days.
Article 47 would specify that when the new Law comes into force, owners of
"prayer rooms" would be required to register them with the SCRA within one
year.
The Amending Law would add a provision to Article 142 of the Violations
Code to punish those who maintain a "prayer room" which is not registered
with the SCRA with a fine of 75 Financial Indicators (FIs) on individuals
(7,500 Soms, equivalent to just over two weeks' average wages) and 230 FIs
on organisations. The Violations Code allows the police and the SCRA to
issue summary fines for violating Article 142.
Another provision that would be added to Article 142 of the Violations Code
would punish those who maintain a "prayer room" in a residential block of
flats or in pre-school or general educational establishments with a fine of
55 Financial Indicators (FIs) on individuals (5,500 Soms, equivalent to
just over a week's average wages) and 170 FIs on organisations.
Public events would require SCRA permission
Under Article 39 of the proposed new Religion Law, registered religious
organisations and educational establishments would be allowed to hold
events in their own premises. For any religious rituals or other mass
events they plan away from their own premises, they would need to notify
the local administration and the SCRA five working days in advance, giving
the date, location and programme of activity.
Religious events in prisons, homes for elderly or disabled people, or the
armed forces are allowed only at the request of residents and in special
premises. The administrations of these institutions would need also to get
approval from the SCRA.
The Amending Law would add a provision to Article 142 of the Violations
Code to punish those who organise such religious events without SCRA
permission with a fine of 55 Financial Indicators (FIs) on individuals
(5,500 Soms, equivalent to just over a week's average wages) and 170 FIs on
organisations. The Violations Code allows the police and the SCRA to issue
summary fines for violating Article 142.
Religious literature import, distribution would be restricted
Article 40 of the proposed new Religion Law would specify that registered
religious organisations would have the right to produce, distribute, export
and import religious literature and other materials. It says that the
procedure would be set out by the Cabinet of Ministers, but gives no
information about what this procedure might consist of.
The Article adds that only registered religious organisations would be
allowed to import such materials.
Such imports are already subject to SCRA censorship
(https://www.forum18.org/archi
the SCRA denied permission to import the 2022 issue of another Jehovah's
Witness booklet, the Kyrgyz version of "Examining the Scriptures Daily".
This was one of 13 publications and six videos the NSC secret police and
the General Prosecutor's Office's tried to have declared "extremist"
(https://www.forum18.org/archi
application to the courts.
On 23 February 2023, the SCRA denied permission to import a Jehovah's
Witness brochure for parents to read with their children, "The Lessons for
Little Ones" in both Kyrgyz and Russian. "Although Jehovah's Witnesses met
with SCRA representatives to discuss this instance of religious censorship,
the SCRA's decision to ban the brochure still stands," Jehovah's Witnesses
noted.
Article 40 of the proposed new Religion Law would empower the SCRA to
conduct "religious studies expert analyses" of religious literature and
materials. (The current Religion Law has the same requirement
(https://www.forum18.org/archi
have up to one month to complete such analyses, but this could be extended
by an extra month "taking into account the level of complexity and quantity
of material."
All religious literature acquired by libraries would require a SCRA
"religious studies expert analysis." (The current Religion Law has the same
requirement (https://www.forum18.org/archi
State "expert analyses" of religious materials and religious communities'
beliefs have been used to justify regime human rights violations, such as
censoring and banning films and texts officials dislike
(https://www.forum18.org/archi
entire religious community, and in August 2023 jailing a Protestant for six
months for questioning regime religious policy
(https://www.forum18.org/archi
Article 40 of the proposed new Religion Law does not say when the SCRA can
impose "expert analyses" on literature and materials, saying only that the
procedure is set out by the Cabinet of Ministers. No information is given
about what this procedure might consist of.
All religious literature produced by registered religious organisations or
religious educational establishments would have to have the full official
legal name of the organisation and its religious affiliation. (The current
Religion Law has the same requirement
(https://www.forum18.org/archi
Article 40, Part 4 would ban the distribution of religious literature or
materials "in public places, as well as by going round residential
properties, state and municipal organisations, and in pre-school and
general educational establishments, with the exception of religious
educational establishments". Those who violate this would face punishment
under the Violations Code. (The current Religion Law has the same provision
(https://www.forum18.org/archi
Article 142, Part 3 of the Violations Code already punishes distributing
religious literature in public with a fine of 55 Financial Indicators (FIs)
on individuals (5,500 Soms, equivalent to just over a week's average wages)
and 170 FIs on organisations. The Amending Law would specify in more detail
the sorts of distributed religious materials for which punishment was set
out. The Violations Code allows the police and the SCRA to issue summary
fines for violating Article 142.
(The ban in the current Religion Law on "illegal missionary activity," also
described as "proselytism," does not appear in the proposed new Religion
Law.)
A member of a religious community expressed concern about the restrictions
on sharing faith in public. "Even if you can register overcoming all the
obstacles put there by the authorities, we won't be able to effectively
share our faith," the individual told Forum 18 in late November. "For
instance, we would like to pass out our books and literature on the street
to others so they can find out about our faith, but this is directly banned
in the draft Law."
Religious education – with state permission only
Article 6, Part 5 of the proposed new Religion Law would specify that
religious education (whether of children or adults) would be under the
control of the Cabinet of Ministers, but gives no information about what
this control might consist of.
Article 6, Part 4 would allow registered religious organisations to
establish religious educational establishments and courses "of professional
religious education" for "clergy and religious personnel they need." It
remains unclear why they would not be able to establish such facilities for
any adult who wishes to learn more about a faith.
Religious educational establishments would have to include in their
teaching "a minimum set of general education disciplines" and agree their
activity with the SCRA. It remains unclear why adults learning more about
their faith would have to study other topics determined by the state and
have SCRA permission. Such a requirement would represent "interference in
the internal issues of religion", a Protestant complained to Forum 18 in
late November.
Article 16, Part 1 would specify that only registered religious
organisations can found religious educational establishments. (The current
Religion Law has the same provision
(https://www.forum18.org/archi
Article 24, Part 3 would specify that applications from a registered
religious organisation to register a religious educational establishment
with the SCRA would need to include "a curriculum together with a list of
religious literature to be used in study."
The application would also need to show that the religious educational
establishment had "high-quality teachers" approved by the founding
registered religious organisation. (The current Religion Law has the same
provision (https://www.forum18.org/archi
(A provision in the current Religion Law that teachers in religious
educational establishments must have documented higher religious education
qualifications is not in the proposed new Religion Law.)
The applicant religious organisation would also need to submit documents
for the premises where the religious educational establishment would be
based, together with certification of the premises from the
sanitary-epidemiological and fire services. (Such a provision related to
the sanitary-epidemiological and fire services is in the current Religion
Law.)
The proposed new Religion Law does not state explicitly that registration
of religious educational establishments is subject to the five-year limit
that religious organisations would be subject to. However, the concluding
provisions which note that the registration of any religious organisation
which does not give a time limit would be deemed to be for five years from
the official publication of the adopted new Law.
Article 18, Part 3 would ban religious educational establishments from
opening "branches or representations".
Article 6, Part 4 of the proposed new Religion Law would require SCRA
permission for individuals to travel to study religion in a religious
educational establishment abroad. Those who study abroad without such
permission would not have their religious qualification recognised in
Kyrgyzstan. By contrast, Article 41, Part 2 would specify that individuals
going abroad for religious education, whether sent by a registered
religious organisation or on their own initiative, would need only to
"notify" the SCRA.
A member of a religious community expressed concern about these
restrictions on individuals going abroad for religious study. "We would
like to send abroad our members, who have the possibility to go, to study
since we are not able to do so in Kyrgyzstan," the individual told Forum 18
in late November.
A Protestant expressed concern that foreign-earned qualifications would not
have official recognition in Kyrgyzstan. "Many would like to go abroad to
study religion for a better education and more experience, and there are
not many opportunities to study religion in Kyrgyzstan," the Protestant
told Forum 18 in late November. "This is not fair."
Once a religious educational establishment is registered, under Article 27
it would be required to notify the local administration where it is based
within five working days of its registration and its address. It would also
have to provide it with the name, address, phone number, and passport
details of the head of the establishment. The religious educational
establishment would need to send confirmation of this notification to the
SCRA within five working days.
Once a religious educational establishment is registered, under Article 26
it would be required to notify the SCRA within 30 days of any changes to
its founding organisation, address, leadership body, phone or fax number or
email address.
Individual religious teaching would still be banned
Article 6, Part 4 of the proposed new Religion Law would also continue to
ban teaching religion individually outside a religious educational
establishment. Those who violate this would face punishment.
The Amending Law would add a provision to Article 142 of the Violations
Code to punish those who teach religion individually outside a religious
educational establishment with a fine of 55 Financial Indicators (FIs) on
individuals (5,500 Soms, equivalent to just over a week's average wages)
and 170 FIs on organisations. (The current equivalent part of Article 142
punishes those who violate "the procedure for religious education.") The
Violations Code allows the police and the SCRA to issue summary fines for
violating Article 142.
"Foreign preachers" would require registration
Article 28 of the proposed new Religion Law would require those sent by
foreign religious organisations "to conduct religious activity in
Kyrgyzstan" (also described as "foreign preachers") to have state
registration. (The current Religion Law has the same requirement
(https://www.forum18.org/archi
Only registered religious organisations would be able to apply for such
registration for "foreign preachers." The application would have to include
a form filled out by the foreigner, a copy of the foreigner's passport and
a referral letter from the foreign religious organisation. It would also
have to specify how long the individual would stay in the country.
The maximum term the SCRA would be able to give "foreign preachers" would
be one year, although this could be renewed. If the foreigner has committed
any violations of the Religion Law, the SCRA would take that into account
in deciding whether to approve the application for the registration to be
renewed.
"A foreign preacher can carry out activities only in the territory covered
by the activities of the religious organisation that invited him," Article
28 adds. The foreigner is warned in advance about abiding by the law.
Once "foreign preachers" are registered, under Article 28 they would be
required to notify the local administration where they are based within
five working days of their registration, address, contact and passport
details. They would need to send confirmation of this notification to the
SCRA within five working days.
Creating a barrier between freedoms
Much of the proposed new Religion Law is taken up with creating a barrier
between exercising the right to freedom of thought, conscience and religion
(International Covenant of Civil and Political Rights
(https://www.ohchr.org/en/inst
- ICCPR, Article 18) and the right to participate in public affairs, voting
rights and the right of equal access to public service (ICCPR, Article 25).
Many of the proposed Religion Law's provisions on this and other topics are
vaguely worded.
The UN Human Rights Committee's General Comment 25
(https://www.refworld.org/doci
among other things: "No distinctions are permitted between citizens in the
enjoyment of these rights on the grounds of race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status." General Comment 25 goes on to observe: "The right
to freedom of association, including the right to form and join
organizations and associations concerned with political and public affairs,
is an essential adjunct to the rights protected by article 25."
Article 5, Part 5 of the proposed new Religion Law would ban "political
parties and other political formations founded on a religious basis". It
would also ban political campaigning and "other measures of a political
nature" in places of worship. Religious organisations and their
representatives would be banned from "pursuing religious goals" and
participating in local or national elections. The creation of religious
organisations in state bodies (including the army) would be banned.
Article 1 of the Amending Law would amend Article 3 of the 1999 Political
Parties Law to ban "the creation of political parties on a religious basis,
as well as the participation of political parties in religious activity".
The Amending Law would also add a provision to Article 9 of the Political
Parties Law: "During election campaigning and in the name of the party, the
display and other use in campaign materials of parts and elements of
information (images) containing direct and indirect borrowings or
references to religious topics is not allowed."
The Amending Law would add a provision to Article 142 of the Violations
Code to punish those who conduct electoral campaigning or "other meetings
of a political nature" in a place of worship with a fine of 55 Financial
Indicators (FIs) on individuals (5,500 Soms, equivalent to just over a
week's average wages) and 170 FIs on organisations. Another provision would
punish those who finance political parties with religious organisations'
funds, with similar penalties. The Violations Code allows the police and
the SCRA to issue summary fines for violating Article 142.
(The current Religion Law already bans holding political events in places
of worship (https://www.forum18.org/archi
Articles 2 and 3 of the Amending Law would ban elected members of local
keneshes and the national Parliament from conducting "religious activity".
It is unclear what this means, for example if such elected members could
not be leaders or members of registered religious organisations, or even be
banned from attending any meetings for worship.
(The current Religion Law says that if a religious leader becomes a state
or municipal official, their activity as a religious leader is suspended
(https://www.forum18.org/archi
The ban on religiously-inspired political parties would affect the Yiman
Nuru (Light of Faith) Party, which has an Islamic inspiration. The Justice
Ministry registered the party in June 2012, and the party gained five
deputies in November 2021 parliamentary elections
(https://www.osce.org/files/f/
More reports on freedom of thought, conscience and belief in Kyrgyzstan
(https://www.forum18.org/archi
For background information, see Forum 18's Kyrgyzstan religious freedom
survey (https://www.forum18.org/archi
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://www.forum18.org/Archi
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