LAW "ON
FREEDOM OF CONSCIENCE": WHO WANTS TO FORCE OPEN PANDORA'S BOX?
RIA
Novosti, 26
September 2017
Exactly 20 years
ago the law "On freedom of conscience and religious
associations"
entered into force in Russia. And since that time amendments
have been
continuously introduced into it, while often consensus between
lawmakers and
religious leaders still was unable to be reached.
Thus, when one
of the conditions for the registration of a religious
organization—the
existence of an official certification that it has existed on
the given territory
at least 15 years--was eliminated, the Russian Orthodox Church
warned that this
will facilitate the legalization of totalitarian sects. But the
amendment to
this law was still adopted. And the so-called "Yarovaya
package,"
restricting missionary activity, pleased very few people.
Perhaps, instead
of revising the law every year it may be simpler to get together
and write a
new, more viable, edition. So that with each engagement with
reality it will
not be necessary to rewrite or supplement it. The plusses and
minuses of the
present edition of the law in the opinion of lawmakers
themselves and religious
leaders is the subject of an RIA Novosti article.
Pandora's box
"In the
post-soviet ideological vacuum, various totalitarian,
destructive sects began
arising. The law 'On freedom of conscience' adopted in 1997 [on
26 September—tr.]
was restrictive. Its idea was clear but it was important to
observe a certain
balance. I think it was found. But it is necessary to understand
that the
version of the law was a compromise between the ideal and
reality," Borukh
Gorin, the director of the Department of Public Relations of the
Federation of
Jewish Communities of Russia (FEOR), thinks.
He understands
the desire of colleagues to continuously improve something in
the wording.
Although he says that at times this could be the result of
"unscrupulous
competition" of religious organizations. On the other hand, he
sees in
some amendments an attempt of law enforcement agencies and
special services to
have more control of religious activity.
"In my view
it is necessary to struggle against this temptation. It is such
a Pandora's
box. Attempts to control and correct something all the time may
lead to a real
absence of freedom of conscience in the country. We have already
seen this. It
seems to me that nobody, including lawmakers, wants to return to
the total
control of the Council on Religious Affairs, with all its
monstrous
manifestations," the chairman of FEOR is sure.
Law with defects
The fact that
the law, in the main, protects the interests of large religious
organizations
is recognized in the State Duma. "The adoption of the law was a
balancing
legislative act, reflecting the position of the overwhelming
majority of the
religious organizations active in Russia, and in the first place
the
confessions that are traditional for our country: Orthodoxy,
Islam, Judaism,
and Buddhism. I would stress that these confessions are
'nation-forming,'"
notes that chairman of the State Duma Committee on Development
of Civil Society
and Affairs of Public and Religious Associations, Sergei
Gavrilov.
Meanwhile, he
says, today there are tens of thousands of religious
organizations registered
in the country. But, the deputy thinks, "one cannot take as a
basis the
incomprehensibly large multitude," and so the State Duma decided
to focus
specifically on the traditional confessions. "In our years-long
practice,
the opinion of the majority has been taken into account. One
cannot compare
Orthodoxy, which for more than 1,000 years has developed and
created Russian statehood,
culture, and traditions of the people and formed the people as a
nation, with a
religious organization that arose two weeks ago. Won't that then
infringe the
rights of the Orthodox?" the deputy explains.
In his opinion,
nobody's rights are infringed in the present wording of the law.
"One must
understand that Orthodoxy created the Russian statehood that now
exists. I do
not see any contradictions at this stage," the lawmaker
emphasized.
"Yarovaya
package," pro and con
Most of all,
changes to the law "On freedom of conscience" are still being
discussed, following the adoption of the so-called Yarovaya
package. As
Gavrilov suggests, additional restrictions on missionary
activity that were
introduced into the version of 1997 are an "absolutely legal
norm,"
since "this protects citizens from swindlers, whether as some
manipulation
on a psychological level or as simple deception."
"Missionary
activity is legal, but certain restrictions were created. So
far, the practice
of application of these rules is not great—less than one
year—and on the basis
of its results, after certain consultations both with judicial
bodies and
agencies of the Russian Ministry of Justice and with
representatives of the
confessions, the legislature will be fully able to introduce
changes of a
refining nature. At this stage there simply are no grounds for
rescinding these
working rules," the deputy emphasizes.
However Borukh
Gorin does not agree with him. In his opinion, such amendments
are being
implemented "without understanding the prospects of what in the
end will
lead to complete control of religious organizations."
"I always
am, by definition, an opponent of making this law more harsh. In
individual
situations I would support the ideas that stand behind it, but
not making it
more harsh, because this is, really, even more dangerous than
the threats that
these amendments are combating. I consider that the consequences
of the
Yarovaya package are sad and deplorable already now," the FEOR
chairman is
sure.
He thinks that
traditional religious organizations, whose status this law was
supposed to beef
up, are often placed by the Yarovaya amendments on the verge of
the
impossibility of fulfillment. "There is no clear conception of
where
religious activity, which is a part of the charters of religious
organizations,
ends and missionary activity, which requires completely
incomprehensible
regulations, begins."
Who needs
amendments?
The chairman of
the Jewish community of Russia also noted that sometimes
contradictory
amendments have been introduced into the law "On freedom of
conscience." On one hand, the "completely liberal" abolition of
the 15-year time requirement for registration of a religious
society. "It
seems to me that this was completely logical. Within 20 years
the ideological
vacuum has been filled and religious organizations have gotten
on their feet.
Therefore the fear that evil preachers will suddenly arrive and
seize our whole
society is not so strong as it was 20 years ago. Now religious
organizations
are in a position to deal with this," Gorin notes.
"On the
other hand, the Yarovaya package has made everything in this law
more
harsh. These are a
legislative
swan, crawfish, and pike. Such a cart will not move from its
spot. Such
legislative activity seems to me to be chaotic. I would
establish a moratorium
on intervention in this law, both of a conservative and of a
liberal
type," the FEOR chairman concluded.
However, his
fear is not shared either in the Russian Orthodox Church or in
the Muslim
community. "As an official representative of the Russian church,
I can say
that at the present stage I do not consider it to be priority
number one to
reconsider the law 'On freedom of conscience' in the near
future. We will not
forget that additions and amendments have been introduced into
the law. Consequently,
there is a path to amendments, it is open, and nobody has
eliminated it,"
declared the chairman of the synod's Department for Relations of
Church with
Society and News Media, Vladimir Legoida, speaking recently in
the Public
Chamber of the RF.
The possibility
of introducing amendments was welcomed by the head of the
Ecclesiastical
Assembly of Muslims of Russia, Albir Krganov. "I consider that
the Russian
law 'On freedom of conscience' is the most optimal version.
Legislative
activity presupposes that some changes will be introduced into
it. After all,
laws are not sacred religious texts that cannot be changed. Life
is constantly
changing and new issues and conditions arise," the mufti noted.
In
addition, he said that religious life is regulated not only by
the law "On
freedom of conscience." In Russian legislation there are up to
300 references
to religious elements. For example, in laws on health care and
military
obligations.
Deputy Gavrilov
certified that in the twenty-year experience of the practical
application of
the law "it has shown itself to be fully viable and not needing
any kind
of radical changes."
"I insist
that this law will remain without fundamental changes. None of
its provisions
have been found to be unconstitutional by a decision of the
Russian
Constitutional Court. This speaks of its compliance with basic
human rights and
citizens' rights, which are enshrined in the constitution. The
law does not
infringe on the rights of religious organizations. At the same
time,
improvement of the legislation on freedom of conscience has
shown its
effectiveness, which is attested by the decline of
inter-religious tensions and
a decline in the activity of extremist religious groups," the
politician
concluded. (tr. by PDS, posted 26 September 2017)
Editorial disclaimer: RRN does
not intend to certify the accuracy of information
presented in articles. RRN simply intends to certify the
accuracy of the English translation of the contents of the
articles as they appeared in news media of countries of
the former USSR.
If material is quoted, please give credit to the
publication from which it came. It is not necessary to credit
this Web page. If material is transmitted electronically, please
include reference to the URL,
http://www.stetson.edu/~psteeves/relnews/.