RUSSIA RELIGION NEWS


Twentieth anniversary of Russia's religion law

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)


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