KAZAKHSTAN: Religious freedom survey, March 2014
ICC Note:
Kazakhstan is a country that proudly proclaims that their citizens have the right to religious freedom. However, in action, this freedom is regularly infringed upon and religious minorities, especially Christians systematically experience persecution. Things have been steadily getting worse, as this religious freedom survey so aptly portrays.
By Mushfig Bayram
3/20/2014 Kazakhstan (Forum 18)-Kazakhstan’s basic approach is to make the exercise of human rights conditional upon state permission, as a means of state control of society, flagrantly breaking its binding international human rights obligations. In the area of freedom of religion and belief this is seen in, among other things, imposing compulsory registration of religious or belief groups and the banning of all unregistered religious activity.
Fear within Kazakhstan of expressing views the government dislikes has increased in recent years. Forum 18 was told in early 2014 that fear of the consequences of criticising the government has caused some religious communities to decide not to participate in the UN Human Rights Council Universal Periodic Review, and to decide not to meet the UN Special Rapporteur on Freedom of Religion or Belief on his visit.
Context
Kazakhstan is geographically the largest country in Central Asia, and has the second largest population with nearly 18 million people. Roughly half the population are ethnic Kazakhs (regarded as being of Muslim background) and the rest are made up of ethnic Uzbeks (likewise of Muslim background), Slavs (mainly Russians and Ukrainians, many of Russian Orthodox or other Christian background) and smaller minorities of Koreans, Germans and Poles. Kazakhstan’s economy has been the strongest in the region, buoyed by its oil and gas reserves, attracting migrants from its poorer neighbours.
Nursultan Nazarbaev has ruled Kazakhstan since 1989 when it was part of the Soviet Union. Elections have been repeatedly criticised as neither free nor fair by Organisation for Security and Co-operation in Europe (OSCE) election observers. In the last 2011 presidential election, Nazarbaev claimed to have gained over 95 per cent of votes. His Nur Otan political party has long provided the overwhelming majority of deputies in the Majilis (lower chamber) of Parliament.
Kazakhstan is a member of the Council of Europe’s Commission for Democracy through Law, or Venice Commission. But this has not led to implementation of the country’s human rights obligations. Indeed, it applied for full membership of the Venice Commission the same day (11 October 2011) President Nazarbaev signed two laws violating international human rights commitments. These were a new Religion Law and an Amending Law amending nine other laws and legal provisions (see below).
As human rights defender Nazgul Yergalieva of the Legal Policy Research Centre observed to Forum 18 at that time, “strict regulation and limitation of fundamental rights, such as freedom of religion, by governments has already proved to be a dangerous path, leading to social tension and resentment”.
Tolerance?
The government attempts to publicise its alleged “religious tolerance”, for example in “Congresses of leaders of world and traditional religions”. Revealingly, an employee of the state Agency of Religious Affairs (ARA) (which plays a key role in running Congresses) described the May 2012 meeting to Forum 18 as being “for foreigners”.
One participant in a Congress planning process described these – in a confidential conversation – as prepared “in Soviet style top-down fashion”. A secular guest from a well-known international organisation, invited by the Kazakh government, described – in a confidential conversation – their surprise that President Nazarbaev attended most of the Congress, and what they described as their “horrified amazement” when they witnessed religious leaders present – including prominent foreign religious leaders – ignoring fundamental human rights violations within Kazakhstan, as well as the indissoluble links between tolerance and human rights.
The rule of law?
Article 4 of Kazakhstan’s Constitution states: “International treaties ratified by the Republic shall have priority over its laws and be directly implemented except in cases when the application of an international treaty shall require the promulgation of a law.” Article 2, Part 2 of the Religion Law states that in cases where an international agreement signed by Kazakhstan exists, this overrides other provisions of the Religion Law. If this and the Constitution’s Article 4 were implemented, most of the Religion Law and other laws would be abolished, including demands for compulsory prior state permission to exercise human rights.
Those subjected to violations of their internationally recognised human rights frequently complain that trials are conducted unfairly, law seemingly being used to provide officials with excuses to engage in oppression. Officials do not appear to see law as imposing restraints on their actions. Indeed, the interlocking nature of violations of freedom of religion or belief and inseparably linked human rights appear designed to impose total state control on all of society.
Even if officials admit they acted unlawfully – as Adil Togayev, Director of Almaty Regional Land Inspectorate did in May 2012 in relation to a fine imposed on the wife of the pastor of a forcibly closed Methodist Church – there is no guarantee of redress. Officials have refused to admit that similar fines and bans – for example bans on Ahmadi Muslims meeting – are also illegal. No official Forum 18 has spoken to has been prepared to discuss what disciplinary or other action will be taken against officials who break domestic laws or international human rights law.
Officials routinely deny human rights violations. President Nazarbaev claimed on 17 April 2013 to visiting Finnish President Sauli Niinistö that “Kazakhstan is an example to the world of equal rights and freedoms for all citizens” and that “religious freedom is fully secured”.
Steadily increasing restrictions and violations
The authorities have long been increasing their “legal” instruments of repression. On 5 September 2011 a new Religion Law, and an Amending Law changing nine other laws and legal provisions including the Administrative Code were introduced into the parliament. Both were adopted very quickly, despite strong criticism from national and international human rights defenders, being signed into law by President Nazarbaev on 11 October 2011.
These laws were foreshadowed by raids on and punishments for meeting for worship without state permission by the police and National Security Committee (KNB) secret police. Prominent in these measures were state-funded so-called anti-sect centres, and attacks by officials on so-called “non-traditional” beliefs, which members of many religious communities state encouraged public hostility through statements in the state-controlled national and local media. Communities targeted included Hare Krishna devotees, Jehovah’s Witnesses, and Protestants, described as “destructive religious movements”. Also Ahmadi Muslims in the southern city of Shymkent had their community closed by the authorities. One Ahmadi suggested to Forum 18 that the “anti-sect” campaign was intended to prepare the ground for the two restrictive laws.
Officials of the ARA, the Muslim Board, and regional authorities also in August 2011 – during Ramadan – re-started earlier demands that independent legally registered mosques join the government-supported Muslim Board, although the National Security Law banned state interference in religious communities. One imam faced telephone demands “almost every day several times” that his mosque give up its independence. Another Imam was threatened that independent mosques will not be re-registered after – not if – a new Religion Law was adopted. Karaganda regional ARA Director Serik Tlekbayev claimed to Forum 18 that “they are not real Imams”.
Many in Kazakhstan were fearful of expressing their opposition to the laws in public, Forum 18 notes. Fear of expressing views critical of the state has increased since 2011. We are “very much followed by the KNB secret police” a member of one religious community – who wished to remain anonymous for fear of state reprisals – commented on this in early 2014.
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