Mr. Moderator, the United States is deeply concerned
about the proliferation of regulatory schemes
promulgated in an increasing number of participating
States throughout the OSCE region, schemes that place
religious freedom at risk. The protection of religious
freedom is critical in the overall panoply of human
rights, and is a cornerstone of democratic development.
Accordingly, the creation of legal barriers is a matter
of substantial concern to my country. Several states
have utilized these provisions to stamp out
religious-based movements deemed hostile to government
interests. By creating registration requirements that
are in effect impossible to fulfill, or by placing
excessive bureaucratic hurdles to ensure that only
favored groups achieve state recognition, some
governments manipulate the law to justify raids, fines
and imprisonments. We, therefore, urge all participating
States to ensure that, as declared in the Vienna
Concluding Document, "their laws, regulations, practices
and policies conform with their OSCE obligations" and
ensure that those laws are enforced.
I want also to give particular emphasis to the surge
of anti-Semitic activity in the OSCE region. The United
States is alarmed at this development and calls upon all
participating States to ensure that such activities are
rapidly and severely condemned and effectively countered
according to law and the OSCE obligations of States.
While Uzbek authorities may have started down the
road to reform, by registering non-governmental
organizations, prosecuting seven corrupt police officers
who were guilty of torture, and amnestying approximately
900 prisoners, the government falls short of fulfilling
its OSCE commitments. Roughly 6,500 individuals
reportedly remain incarcerated for allegedly being
members of Hizb ut- Tahrir, an extremist group that
seeks to replace the Government of Uzbekistan (and other
governments) with a worldwide Muslim Caliphate.
Individuals seeking to worship at many independent
mosques, and conservative observant Muslims attempting
to spread their beliefs, are often accused of being
members of the outlawed Hizb ut-Tahrir. These
individuals are often arrested, tortured, tried and
convicted for terms of 15 to 20 years, typically based
on falsified criminal evidence.
Continued government efforts in Uzbekistan to jail
activists and individuals worshiping in many
non-state-controlled mosques, including their relatives,
will only serve to disaffect many in the country’s
largely Muslim population. For example, at the end of
May 2002, police arrested Yuldash Rasulov, a well-known
human rights defender and devout Muslim, for "religious
extremism." Rasulov’s work through the Human Rights
Society of Uzbekistan focused on government actions
against Muslims choosing to worship outside the
government-approved religious system. This type of
excessive and unfounded prosecution is common, and is a
clear violation of Uzbekistan’s commitments as an OSCE
participating State. We urge the Government of
Uzbekistan to prosecute people on the basis of their
actions, not beliefs. In addition, authorities continue
to deny government registration to many independent
mosques and churches throughout the country, especially
for churches in the Karakalpakstan region.
Turkmenistan also has a burdensome religious
registration law, requiring a religious group to have
500 individual members in any given locale, a
restriction that only Sunni Muslims and the Russian
Orthodox Church are able to avoid. Frankly, religious
freedom does not exist, as the law criminalizes
unregistered individuals meeting with coreligionists,
whether Muslim or Christian, in violation of
international norms. Harassment of non-registered
religious congregations continue and include arrest and
seizure of property. Keston News Service reported that
in May 2002, police forced Turkmen Christians in the
village of Deinau to renounce their faith. There were
credible reports that the government closed all Baha’i
Sunday schools which had been allowed to operate since
the country’s independence and that certain
congregations of Russian Orthodox Christians were
prevented from practicing their faith, despite being
registered. There were some positive developments,
however. In December of 2001, several members of
Jehovah’s Witnesses who had been imprisoned for
conscientious objection were released, leaving six in
detention. Prisoner of conscience, Shageldy Atakov, was
released, although he has not been completely cleared by
the criminal justice system. In addition, the exit-visa
requirement was quietly dropped in spring of 2002.
In Kazakhstan, while we welcome the decision of
President Nazarbaev to uphold a ruling of the
Constitutional Court that found a draft law on religion
unconstitutional, there are continuing concerns about
the use of legal provisions. By penalizing leaders of
religious communities refusing to register with Kazakh
authorities, amendments to the criminal code are being
abused and are not in harmony with OSCE commitments.
Authorities have arrested and fined Baptists throughout
Kazakhstan, with some instances of police beatings.
The Government of Georgia has not adequately enforced
its laws in order to protect members of religious
minorities as for over three years mobs have attacked
peaceful religious communities with impunity, sometimes
with the facilitation or participation of some in the
local law enforcement community. Authorities have made
few arrests; the trials have proceeded slowly, and no
one has been convicted. The government’s inability or
unwillingness to end the violent attacks is deeply
troubling, despite repeated statements by President
Shevardnadze. Georgian authorities can do much more to
end the violence and protect all citizens. In addition,
a new draft religion law regulating religious groups is
problematic in its potential for abuse.
In Belarus, harassment and intrusive government
involvement in the life of religious communities is also
a concern. We have observed little respect for religious
freedom, with non-Russian Orthodox religious groups
bearing the brunt of government harassment. The
activities of the Lukashenko regime are deeply
troubling, especially the August bulldozing of a church
in the village of Pahranichny by Belarusian authorities.
In addition, the draft law on religion would impose
serious restrictions on non-Russian Orthodox religious
communities.
Turkey’s system of regulating religious groups
remains problematic. While the Lausanne Treaty does
dictate certain actions, the government’s overall
conduct often serves as an impediment to religious
freedom. The Government of Turkey’s control, among other
things, of Islamic teaching, its ban on head scarves in
government institutions, including universities, its
closure of the Halki Seminary, and its efforts to seize
church land under the pretext of maintaining cultural
sites all contravene Turkey’s OSCE commitments. In
addition, the inability for Protestant Christian groups
to achieve government recognition and to register
officially as religious groups leaves these small
communities in a precarious position.
In Azerbaijan, the creation of the State Committee
for Religious Affairs (SCRA) has served to restrict
religious freedom. In only a few instances has it
assumed an advocacy roll for religious groups against
local harassment. The most recent re-registration
campaign seems designed to exclude some religious
communities from needed government recognition. Other
issues of concern are the ban on head scarves for Muslim
women at certain state-run universities, the apparently
state-sanctioned media campaign against minority
Christian groups, the liquidation of the Love Baptist
Church for alleged statements made by the pastor, and
the internal deportation from the town of Nakhichevan of
Adventist pastor Vahid Nagiev. These acts are clearly
not in keeping with Azerbaijan’s OSCE commitments. We
note, however, that the SCRA has acted as an advocate
for religious freedom in at least three instances for
groups being harassed by local authorities.
Some democratic states in Western Europe have
undertaken policies resulting in the stigmatization of
minority religions, the result of identifying them
indiscriminately and often inaccurately with dangerous
"sects" or "cults." These practices are troubling in
that other nations struggling toward democracy, as well
as certain non-democratic states, are adopting
"anti-cult" laws and policies that are based in part on
those of Western Europe. In non-democratic nations,
lacking a tradition of commitment to human rights and
rule of law, "anti-cult" laws could easily be
implemented in ways that result in the persecution of
people of faith.
Also of concern are laws and registration
requirements targeting or limiting religious
communities, or that establish hierarchies of preferred
religious groups. Certain legal schemes such as the
French "anti-cult" law, and the Austrian, Czech, and
Hungarian laws that discriminate against minority
religious communities all violate OSCE commitments.
Accordingly, the United States welcomes the initiative
last summer of the Government of the Netherlands in
convening a seminar highlighting religious registration
laws, an area ripe for further discussion under the
Dutch chairmanship.
Finally, the United States is concerned about the
Russian Federation’s repeated decision to deny entry to
religious workers representing out-of-favor religious
communities, including Catholics, Protestants and the
Dalai Lama. The decision to deny the return to Russia of
one of four Catholic Bishops in the country, as well as
several Catholic priests, has had a decidedly negative
impact on religious freedom. Moreover, the draft
religion law under consideration would create a
discriminatory structure that favors so-called
"traditional religions", placing religious communities
in three separate tiers, each with different benefits
and rights. Furthermore, many local authorities
consistently harass minority religious groups, denying
registration and sometimes suing in court for
liquidation. For example, the Moscow branch of the
Salvation Army, despite having its court-ordered
liquidation overturned and its legal status affirmed,
still faces another lower court hearing to consider the
Moscow Justice Department’s appeal that it be
liquidated. Despite applying almost four years ago, the
branch has yet to obtain re-
registration.