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Differences of views on law restricting foreign religious activity

NEW LAW ON FOREIGN SPECIALISTS FITS WITH THE CAMPAIN TO RESTRICT BELIEVERS' RIGHTS
Interview with Anatolii Krasikov, member of the Expert Council of the International Association of Religious Freedom
Interview conducted by Valerii Stepanov
Portal-credo.ru, 29 December 2010

--"Portal-credo.ru": On 27 December a new law appeared on the official site of the president of RF restricting the religious activity of one category of foreign citizens in Russia. How do you assess that law?

--Anatolii Krasikov:  Religious associations of the country have received from the Russian government a more than original Christmas-New Year's present. . . .

This law, adopted in the form of amendments to various legislative acts of the government, worsens the situation of one of Putin's first gifts to Russians, the law of 25 June 2002, "On the legal condition of foreign citizens in the Russian federation." It fits into the campaign for the restriction of believers' rights that was developed back in the mid-90s of the past century by proponents of the clericalization of the state and nationalization of religious associations that has not let up for a single day since.

--What will the implementation of this law lead to in practice?

--The initial attacks on freedom of conscience were beaten back, at least partially, thanks to the efforts of rights advocates who were supported by the Constitutional Court, but subsequently the preponderance of forces began to shift in the opposite direction. For religious organizations, especially for those who have not yet been able to train their own cadres of theologians and preachers from among local citizens, it has become ever more difficult to resist the efforts of authorities who are striving by any means "to simplify the religious geography" of Russia by measures of a prohibitive nature. And this is at the very time when the condition of foreign citizens of all the other categories have become more hospitable by the new law.

--What is the situation for Russian citizens who are "religious specialists" abroad?

--Abroad, especially in Europe, there has been an expansion of the presence of "highly qualified specialists" in religion who come from Russia and meet a positive response from both the authorities and local religious organizations. But we are still being dragged into the middle ages. (tr. by PDS, posted 31 December 2010)


NEW LAW ON FOREIGN SPECIALISTS NOT OCCASION FOR WORRY BY RELIGIOUS COMMUNITIES
Portal-credo.ru, 29 December 2010

Religious organizations should not have occasion for concern in connection with the law regulating the stay on Russian territory of highly qualified foreign specialists, the Russian Orthodox church of the Moscow patriarchate declared.

"The law signed by the president provides certain preferences and privileges for a special category of highly professional foreign specialists. The fact that persons engaged in religious activity do not fall into the category does not in any way worsen their situation," the head of the synodal Department of Relations and Church and Society, Archpriest Vsevolod Chaplin, told Interfax-Religiia yesterday.

He said that, like previously, foreigners "will be able to engage in religious activity, including professional religious activity, within the parameters of Russian religious organizations and at their invitation."

"I do not see in this law a basis for worry on the part of any Russian religious communities and those foreign citizens who work within them," the agency's source added.

As was reported last Monday by the press service of the Kremlin, Russian President Dmitry Medvedev signed the law "On introducing changes in various legislative acts of RF," which established more hospitable conditions for entry into and residence in the country of highly qualified foreign specialists and members of their families.

The law was adopted by the State Duma on 8 December 2010 and approved by the Federeation Council on 15 December.  (tr. by PDS, posted 31 December 2010)

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Changes in leadership of Russian Muslims

NEW MUFTI OF MOSCOW APPOINTED
Interfax-Religiia, 30 December 2010

The head of the Central Ecclesiastical Board of Muslims (TsDUM) of Russia, Talgat Tajuddin, issued a decree appointing a chairman of the Ecclesiastical Board of Muslims of Moscow and the Central District of the country within the structure of TsDUM.

The new head of Muslims of the capital is the first vice-chairman of TsDUM, Mufti Albir Krganov of Chuvashiia, who represents Russian Muslims in the Public Chamber of RF, A. Krganov himself told an Interfax-Religiia correspondent.

At the same time he retains the authority of the head of the Chuvash muftiate.

A. Krganov was instructed to organize a majlis [conference] of Muslims for the subsequent registration of the charter of a regional ecclesiastical board.

The new mufti of Moscow is married and has three children. Under his leadership in Chuvashiia more than forty mosques have been built, a madrasah is functioning, and dialogue with state agencies and traditional religions has been established.

According to A. Krganov, the creation of a muftiate of Moscow within TsDUM of Russia is not a novelty: historically Muslim structures of Moscow have always functioned under the jurisdiction of the Central Ecclesiastical Board, located in Ufa, and TsDUM has appointed Moscow imams. It was TsDUM that in its time appointed to the position of imam of the Moscow Cathedral Mosque Mufti Ravil Gainutdin, who subsequently created a parallel structure, the Council of Muftis.

A. Krganov also said that since the beginning of 2000, TsDUM of Russia has tried several times to create an ecclesiastical board of Muslims and Moscow and Moscow province, "but the previous government along with the Council of Muftis blocked both its registration and the allocation of land parcels for constructing mosques and residences of TsDUM in Moscow."

Mufti A. Krganov figures that the new religious administration in Moscow will unite the major portion of Muslim communities of the region. Today, upon the installation of Krganov in the capital, there are two mosques in Otradnoe and a Muslim Center on Kasatkin Street, where the branch of TsDUM in Moscow is located. However it is planned to return the building of the Muslim Center to the city, since previously a child care center was located here. "Considering the needs of Muscovites for child care, the premises will be returned to the government, but a decision for transferring another building to TsDUM has been reached," the mufti said.

The task of the new regional muftiate is to establish constructive dialogue with the authorities and traditional religions, to build a mosque and residence for TsDUM of Russia in the capital, to strengthen work with Muslim youth, and "to direct all of its influence and efforts to the maintenance of peace and stability in the region," A. Krganov noted. (tr. by PDS, posted 31December 2010)


PRESIDIUM OF MUSLIM BOARD EXPRESSES UNANIMOUS SUPPORT FOR MUFTI RAVIL GAINUTDIN
Portal-credo.ru, 28 December 2010

A plenum of the presidium of the centralized religious organization "Ecclesiastical Board of Muslims of the European Portion of RussiaÑMoscow Muftiate" (DUMER) under the chairmanship of the head of DUMER and the Council of Muftis of Russia, Sheikh Ravil Gainutdin, was held on 27 December in the conference hall of the residence of the Council of Muftis of Russia in Moscow.

As the council's press service reported, the plenum conducted a review of the work of the departments, divisions, and services of DUMER in 2010 and confirmed plans for the year 2011. In his report, Sheikh Ravil Gainutdin devoted special attention to the First European Muslim Forum that is being organized and should occur in Moscow in May 2011. The Mufti told the meeting's participants about the support for the forum which has already been expressed by Russian Prime Minister Vladimir Putin, the Ministry of Foreign Affairs, and representatives of the State Duma leadership.

Participants in the session sent an appeal to law enforcement agencies in connection with the disappearance of the imam of the cathedral mosque of Rostov, Nail Bikmaev, in which they request that the competent structures devote every effort to searching for the missing person.

The plenum also expressed unanimous support for the chairman of DUMER, Mufti Ravil Gainutdin, and gave an extremely positive assessment of the activity of the board as a whole in 2010.

For his part, the chairman of DUMER called those in attendance "not to yield to the provocations of enemies of Russia" and to strengthen the unity of the nations of the country. (tr. by PDS, posted 31 December 2010)


KHAZRATALI DZASEZHEV HEADS KABARDINO-BALKAR MUSLIMS
Interfax-Religiia, 30 December 2010

Khazratali Dzasezhev, who occupied the post of deputy head of the ecclesiastical board of Muslims of the Kabardin-Balkar republic, was elected acting chairman of the Ecclesiastical Board of Muslims of Kabardino-Balkariia, the press service of the muftiate reports.

Kh. Dzasezhev's candidacy was unanimously approved by the general meeting of the imams and members of the Council of Ulemas of Kabardino-Balkariia that was held in Nalchik.

At the beginning of the meeting its participants prayed about the tragic departure from this life of the republic's mufti, Anase Pshikhacheve. Mufti A. Pshikhachev was killed by extremists in the evening of 15 December at the gates of his home in Nalchik. The names of two of his murders have been established and searches for them are being conducted. (tr. by PDS, posted 31 December 2010)

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Law discriminates against believing professionals

FORBIDDING SPECIALIST TO ENGAGE IN RELIGIOUS ACTIVITY ILLEGAL
by Roman Lunkin, Director of the Institute of Religion and Law
Baznisa.Info, 29 December 2010

In the new law on foreign specialists, specialists are subjected to discrimination who would wish to engage in religious activity in the very broadest sense of this word, particularly in teaching religion. However the law does not change in any way the situation of foreign citizens who come to Russia with religious intents since it applies only to those who would want to receive the privileged status of highly qualified specialist.

That is, it does not affect Catholic priests, citizens of various countries in the world, missionaries of a different kind of religious movement, for example, Mormons. They will also receive visas and apply for a residency permit and receive invitations from Russian religious organizations.

The law says: "Foreign citizens may not be invited to RF for working in the capacity of highly qualified specialists in order to engage in preaching or other religious activity, including conducting divine worship or other religious rituals and ceremonies, teaching religion, or giving religious education to adherents of any religion."  If one interprets the provision of the law literally, it would seem that a specialist may profess his own faith completely freely and participate in the religious life of any congregation, but with the provision that he will not work there but will work in the capacity of a professional specialist in "Skolkovo." This means that a physics scholar can get the status of a specialist with all attendant privileges in order to teach physics, but if he, for example, is a pastor, then he can engage in religious activity at the same time but he will not do this "in the capacity of a highly qualified specialist," but only in the time he is free from work.

Undoubtedly there exists a danger that the provision of the law will be interpreted in such a way that the physics specialist cannot engage in religious activity at all, but this will be a violation of human rights and Russian laws. The point is that article 3, point 1 of the law on freedom of conscience guarantees freedom of conscience to foreigners also:  "Foreign citizens and persons without citizenship who legally reside on the territory of the Russian federation enjoy the right to freedom of conscience and freedom of religious profession on a equal basis with citizens of the Russian federation and incur the liability established by federal laws for violation of the legislation on freedom of conscience and freedom of religious profession and on religious associations." And point 3 of article 3 reads:  "Creation of privileges, restrictions, or any form of discrimination on the basis of religious affiliation is not permitted." According to point 2, restriction on freedom of conscience may be established "by federal law only to the extent necessary to protect the bases of the constitutional order, morality, health, rights, and legal interests of individuals and citizens and to secure the defense of the country and state security."

In connection with the provisions of Russian legislation it is obvious that forbidding a specialist to engage in religious activity is illegal. In addition, the law on freedom of conscience does not even have a precise definition of what religious activity is. Article 6 defines the indicators of a religious association that may be considered "religious activity": "performance of religious services and other religious rites and ceremonies; instruction in religion and religious education of its adherents." Every believer, whether a specialist or a simple, uneducated person, has the right to profess his faith without restrictions by various legal means, including performance of religious services, preaching, teaching religion (this is also an inseparable part of the life of a believer and the principle of freedom of conscience), and evangelism.

However discrimination still exists; why can professional theologians who teach religion or brilliant preachers not get any kind of privileges? Why is it that everything that is connected with faith is dangerous for the state, but any other profession is not dangerous? Most likely, the provisions of the law were intended to shield Russian citizens from specialists who are representatives of "nontraditional" religions and confessions, or the authors simply think that faith and religion are unnecessary, especially in "Skolkovo," and that there are no professionals in religion abroad, and in our country our own specialists are in short supply. (tr. by PDS, posted 30 December 2010)

Explanation:

On 23 December 2010 Dmitry Medvedev signed the federal law "On introducing amendments in separate legislative acts of the Russian federation." The federal law was adopted by the State Duma on 8 December and approved by the Federal Council on 15 December 2010.

Information from the State Legal Administration:

The federal law establishes more convenient conditions for entry into and residence in the Russian federation of highly qualified foreign specialists and members of their families.

The federal law secures a more liberal and simple procedure for issuing to members of a family of a highly qualified specialist work visas and their subsequent extension.

A residence permit is issued to a highly qualified specialist for the duration of his work permit. At the same time, foreign citizens and members of their families are exempt from the requirement to register as a migrant in the place of residence.

The federal law "On procedure for exit from the Russian federation and entry into the Russian federation" is supplemented with a provision granting the possibility of issuing an invitation for entry into the Russian federation to highly qualified specialists on application from affiliates of foreign legal entities.

The federal law expands the list of foreign citizens who do not need a work permit for labor activity and also the list of institutions and organizations that may issue invitations to foreign specialists for scientific research and teaching activity and who do not need to receive permission for inviting and employing foreign workers.

The federal law establishes a prohibition on invitation of highly qualified foreign specialists to engage in religious activity and it restricts the invitation of such foreign citizens to enterprises of retail trade for customer service.   (tr. by PDS, posted 30 December 2010)

Russian original posted on site of Portal-credo.ru, 30 December 2010

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New law does not bode well for personnel challenges

INTERVIEW: CHIEF RABBI OF RUSSIA (KEROOR) ADOLF SHAEVICH
Interview conducted by Vladimir Oivin
Portal-credo.ru, 30 December 2010

--"Portal-credo.ru":  The year 2010 is ending; in your opinion what are the most important events that occurred in religious life this year?

--Adolf Shaevich:  There were no special events and changes. I cannot recall anything that would leave a great impression specifically in religious affairs. Everything has continued. Perhaps, nevertheless, there has been some progress, because more young people have begun attending Russian communities, particularly our Moscow synagoguesÑthat is, a rebirth is going on. But there have not been special "spikes" or special events in our religious life.

--How has the adoption of the law on transfer of property of religious significance to religious communities affected your life?

--Indeed, this was a significant event for all confessions, a very important affair, because the transfer of those objects, leftover from soviet times, which belonged to religious confessions, is critical for us all. We will hope that in the future it will be implemented in life.

--As you know, on 27 December Medvedev signed a law which simplifies entry into Russia for foreign specialists, but it contains an article which speaks of the prohibition of religious labor activity by foreigners in Russia. Even members of the specialized committee of the State Duma did not know about this point in the law until it appeared in the press.

--It is difficult to say. I have still not found this law in the press. What is behind it? Why was it done in this way? In this country, except perhaps for RPTsMP, all the other religious confessions suffer a great shortage of personnel, of educated people who are helping us nowadays. I think that this includes the Muslims. Perhaps this is some stimulus that we will quickly train our own personnel? But you cannot "chop" instantly. It seems to me that this is not a positive thing for the Jewish community. But I still have not seen the law itself and I do not know its details, and therefore I cannot comment specifically.

--The law says that labor activity of high-class specialists is forbidden in the area of religion.

--Today we have a large quantity of rabbis working throughout RussiaÑvisitors. Many have already worked decades and some have even received Russian citizenship. But the greater number of rabbis do not have Russian citizenship. So what? Are they then subject to deportation, or what?

--At least, they are forbidden religious activity.

--There is a council in the presidential administration that deals with religious affairs. Perhaps this problem has been discussed there?

--The fact of the matter is that it has not been discussed. When all of this became known, a member of the Public Chamber of RF and of this council, Sergei Riakhovskii, tried to clarify who was the initiator of this insertion into the law. However nobody knew anything. As far as I understand, this was even a surprise for RPTsMP.  For them, too, this is not such a simple matter; they have in Russia a rather large number of priests who are Ukrainian citizens.

--Yes, it is quite unclear who and what is behind this. . .

-- . . . and how this will evolve.

--It is clear how this will evolve. In our country even good laws always spill out, unfortunately, and it is unclear how they are executed. This is one of those things. . . .

Frankly speaking, I cannot even imagine what is behind all of this and who really initiated all these things.

Probably in January we will be able to have an Interreligious Council in order to discuss this matter. We will discuss with our Orthodox and Muslim brothers how we will live in the future in these conditions, because we all are law-abiding citizens and naturally we are not about to violate a law signed by the president.

--This as not a presidential decree; he simply signed it. It is a law that was adopted by the Duma and the Federal Council.

--I hesitate to say today what the adoption of this law will lead to. In any case, it is not a good thing.

--What do you expect in the next year? Do you expect any changes?

--I do not know, honestly. Analyzing the past year or, perhaps, because of my age, I do not expect anything particularly good.

Even this year the number of people applying for help has increased substantially. And assuming that the new year will bring new price increases on literally everything, I simply cannot imagine how many surviving retirees and needy folk and sick people will survive. This all is not very rosy.

--Are any events of a Russia-wide nature expected within the Congress of Jewish Religious Communities and Organizations of Russia (KEROOR)?

--We do not have any special plans; it is all daily life. Holidays, that's all that we have that is more or less out of the ordinary. No special events are planned. The usual seminars, conferences, everything that goes on every year.

--How did your relationships with other confessions work out in the past year?

--We are friendly with all of them. We have had many years of good relations with RPTsMP and very good and close relationships with Muslim communities. Since I have been heading up this community for many years now, I have good personal relations both with the patriarch and with the muftis. Everything has been working out rather well also with other religions confessions, the Catholics, Baptists, and other protestants.

I think that just our relations, our interactions with various confessions on many matters can serve as an example of how one should live in a multinational and multiconfessional country. We try to discuss problems that roil our society honestly. We take part in many joint events and we work on various public committees, on combating drugs and alcoholism, and we participate in charity organizations that help the needy and sick. This is what unites us. And that is how it should be in a country where many different nations live. Because everything in our country is in commonÑit is our motherland. And we wish for it to prosper and it can prosper only through its people who live in it.  (tr. by PDS, posted 30 December 2010)

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