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29 May 2015

KYRGYZSTAN: Draft Religion Law still repressive, Alternative Service Law stalled?

In producing a draft new Religion Law Kyrgyzstan's State Commission for Religious Affairs (SCRA) seems to be ignoring civil society and UN Human Rights Committee criticism and a Constitutional Chamber of the Supreme Court ruling that some of the Law's restrictions are unconstitutional, Forum 18 News Service notes. The draft is now with the Prime Minister's Office but officials are refusing to say when it might be ready or if it will be made public. Galina Kolodzinskaia of the Inter-religious Council thought that the authorities do not plan to change the Law in 2015. Changes to the law to allow conscientious objection to military service in line with a Constitutional Court decision and UN Human Rights Committee recommendations also seem unlikely soon. Officials are making contradictory statements as to whether a revised draft has reached the Zhogorku Kenesh (Parliament). Also, the authorities are still seeking to confiscate the building of Protestant Jesus Christ Church in Bishkek. When Forum 18 asked whether the SCRA is supposed to help religious communities, SCRA Deputy Head Tabyldy Orozaliyev replied: "We are not telling Norway what its Religious Affairs Ministry should or should not do, so mind your own business."

22 May 2015

KYRGYZSTAN: Will state officials obey the law?

Officials are refusing to follow a Constitutional Chamber of the Supreme Court decision legally removing two major obstacles to the registration of religious or belief communities. "We are observing the present Religion Law until the Constitutional Chamber's decision is integrated into it," Kyrgyzstan's State Commission for Religious Affairs (SCRA) Deputy Head told Forum 18. "You need to ask Parliament about changes to the Law." However, Judge Mukambet Kasymaliyev, Chair of the Constitutional Chamber, told Forum 18: "Everyone must abide by the Court's decisions as they become part of the law immediately after they are passed." Asked what he thinks of local officials and the SCRA ignoring this, Judge Kasymaliyev replied, "I cannot evaluate the actions of those officials. But it seems to me that they do not know Kyrgyzstan's laws and must study them." Also, two Jehovah's Witnesses, Nadezhda Sergienko and Oksana Koryakina, under house arrest for two years, still face prosecution, despite a describing the case as "fabricated". And the July 2011 ban on Ahmadi Muslims still continues.

13 November 2014

KYRGYZSTAN: "A fabricated case" states Judge, but women still under arrest

Kyrgyzstan is keeping two Jehovah's Witnesses, Nadezhda Sergienko and her daughter Oksana Koryakina, under arrest more than 19 months after their March 2013 arrest for alleged swindling. Both women strongly deny the authorities' allegations, and Judge Sheraly Kamchibekov acquitted the two women of all charges. He told Forum 18 News Service on 4 November that "it was a fabricated case" and that he did not believe the prosecution's claims. However, the two women remain under house arrest as the prosecution has appealed against the acquittal. The two women's co-believers have told Forum 18 that they think the arrests and detentions may be reprisals by the authorities for registration applications Jehovah's Witness communities have made. The lawyer for the people alleged to have been swindled argues in appealing against the acquittal that Jehovah's Witnesses "do not have registration in Osh, Jalalabad and Batken regions". As Judge Kamchibekov observed to Forum 18, "this has nothing to do with the case".

4 November 2014

KYRGYZSTAN: Religious freedom survey, November 2014

Before the January 2015 UN Universal Periodic Review (UPR) of Kyrgyzstan, Forum 18 News Service notes ongoing violations of freedom of religion or belief and related human rights. These include: a ban on exercising freedom of religion or belief with others without state permission; obstacles such as unreasonably high numbers of required founders and some apparent reprisals against communities including Jehovah's Witnesses and Baha'is wishing to gain state registration; increasing state control of the Muslim community; raids on some religious communities; the banning of the Ahmadi Muslim community; restrictions on conscientious objection to military service; harassment and mob violence against non-Muslims with the authorities' complicity, including preventing the dead being buried; state censorship related to freedom of religion or belief; arbitrary expulsions of foreigners; and threats to property. Officials seem unwilling to implement domestic and international legal obligations, with government proposals for Religion Law and Administrative Code changes contradicting a UN Human Rights Council recommendation to "remove all restrictions incompatible with article 18 of the Covenant [on Civil and Political Rights]".

30 October 2014

KYRGYZSTAN: Contradictory court decisions, arbitrary official actions

Some officials in Kyrgyzstan appear unwilling to act on their domestic and international legal obligations, Forum 18 News Service notes. Commenting on a UN Human Rights Council recommendation to "remove all restrictions incompatible with article 18 of the Covenant [of Civil and Political Rights]", State Commission for Religious Affairs (SCRA) lawyer Zhanibek Botoyev told Forum 18: "Go and bring some order to your own countries and Norway. We are a sovereign country here, and you cannot command us what to do or what not to do". In relation to a Constitutional Chamber of the Supreme Court ruling on where a religious organisation may operate, in a case brought by Jehovah's Witnesses, Botoyev claimed that the ruling did not mean what it clearly states it does. The SCRA has also forced a Russian Orthodox Church catechist, Vakhtang Fyodorov, to leave the country and with the State Property Fund continues to try to confiscate a Protestant church's building.

24 October 2014

KYRGYZSTAN: "Draconian" proposed Religion Law and Administrative Code changes

Kyrgyzstan is proposing to harshen its Religion Law and give even more power to the State Commission for Religious Affairs (SCRA). The proposals that have attracted most criticism so far from human rights defenders and religious and belief communities include: increasing the number of founders required for registered religious organisations to be founded from 200 to 500 and all such organisations to be re-registered; requiring anyone working in any capacity in any religious organisation to have an annually renewed SCRA license; and requiring every institution offering religious education to have an SCRA license. It is also proposed that existing punishments in the Administrative Code for exercising freedom of religion or belief be increased to up to the rough equivalent of 14 months' average salary. The proposals go directly against the UN Human Rights Committee's March recommendation that planned changes to the Religion Law should "remove all restrictions incompatible with article 18 of the Covenant [on Civil and Political Rights]".

18 July 2014

KYRGYZSTAN: Orthodox Bishop banned

Kyrgyzstan's State Commission for Religious Affairs (SCRA) on 14 July refused registration as missionary to Bishop Feodosy, the head of the Russian Orthodox Church in Kyrgyzstan, Forum 18 News Service has learned. Under the Religion Law, this prevents him from working as a religious worker in Kyrgyzstan. "This is a ban on the Bishop", Orthodox Church spokesperson Yuliya Farbshteyn told Forum 18. The SCRA claimed that the Bishop was denied registration as he "threatens the public security of Kyrgyzstan and sows religious discord among the population". Orthodox believers totally denied these claims to Forum 18. The SCRA also claimed that registration was refused as the Interior Ministry's Anti-terrorism Department was investigating the Bishop. This Department, however, told Forum 18 that it has "nothing against the Church or the Bishop". Sunday school catechist Vakhtang Fyodorov continues to be threatened with deportation. Also, the State Property Fund is again seeking – this time through the Supreme Court - to confiscate the building of the Protestant Church of Jesus Christ in Bishkek.

17 July 2014

KYRGYZSTAN: Ahmadis "must not worship together. Otherwise they will be punished"

On 10 July Kyrgyzstan's Supreme Court rejected an appeal against two lower courts' support of the State Commission for Religious Affairs' (SCRA) refusal to give state registration to the Ahmadi Muslim community. Asel Bayastanova, the Ahmadis' defence lawyer, told Forum 18 News Service that "it means that Ahmadi Muslims cannot act like Ahmadi Muslims and organise meetings for worship or any other activity together". An Ahmadi Muslim, who asked to remain unnamed for fear of state reprisals, told Forum 18 that "this is equal to banning us .. If we are found by the NSC secret police, the ordinary police, or any other state agency to be carrying out 'illegal' religious activity, we will be given harsh punishments - maybe even imprisonment." The SCRA's lawyer, Zhanibek Botoyev, claimed to Forum 18 that "we are not going to send them to prisons". He also stated that "they can individually pray or read their books in their homes but they must not worship together. Otherwise they will be punished." He refused to say exactly what punishments will be imposed.

11 June 2014

KYRGYZSTAN: "I don't see political will on higher level" to resolve burial problems

As burial problems continue for deceased non-Muslims or Muslims who have non-Muslim relatives, Orozbek Moldaliyev, Head of Kyrgyzstan's State Commission for Religious Affairs, insisted to Forum 18 News Service that the problem has already been "resolved". A recent draft of Kyrgyzstan's Concept on State Policy in the Religious Sphere 2014-20 acknowledges that the problem exists. But even a Presidential Administration official involved in drafting the Concept admits that any solutions that might be included "may not resolve all future burial problems". Bishkek-based religious expert Galina Kolodzinskaya told Forum 18 that solving this long-standing problem requires both political will "on the higher level" and new laws. "At the moment I don't see such political will on the higher level."

6 June 2014

KYRGYZSTAN: Complaining to local authorities about burial violations is "useless"

Kyrgyzstan's government continues its long-standing failure to ensure that people may exercise their right to bury their dead with the religious ceremonies and in the cemeteries they would wish, Forum 18 News Service notes. Protestants, Baha'is, Jehovah's Witnesses and Hare Krishna devotees have all long complained that the authorities have not resolved this problem, which greatly distresses the families and friends of the dead. But they are frequently afraid to raise this problem, for fear of reprisals aided by state indifference. The most recent publicly documentable failures by the authorities to ensure people may exercise their rights concern Protestants, when in two villages in Jalal-Abad Region local imams interfered in the conduct of funerals. In another case in a different Region an imam blocked the burial of a Protestant woman and forced her grieving husband to convert to Islam to get her buried. The authorities appear to be content to allow local imams to control who is buried in state-owned cemeteries not owned by religious communities. Complaining to local authorities about the violations is "useless", Pastor Kapar Yusup uuly – who was stopped from participating in his brother's funeral in Jalal-abad Region - told Forum 18. He insisted that the authorities could resolve some problems by giving land plots in nearby towns for such burials.

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