Legal status applications almost impossible

ICC Note:

Kyrgyzstan has banned unregistered religious activity, yet religious communities are still unable to obtain legal status.

By Mushfig Bayram

Although unregistered religious activity in Kyrgyzstan is now banned, against international human rights standards, religious communities also cannot gain legal status, Forum 18 News Service has learnt. However, two mosques do appear to have been registered. The State Commission for Religious Affairs (SCRA) says that religious communities must wait for the Regulations to apply a restrictive new Religion Law, which came into force in January 2009. SCRA officials told Forum 18 that "the Regulations have been prepared but not signed into force." Meanwhile, SCRA officials have contradicted themselves on whether or not existing registered communities need to be re-registered. Officials claim to have made the text of the Regulations available for public discussion, although no-one who Forum 18 has spoken to – apart from officials – has seen the text. For the proposed controversial new Religious Education Law, officials claimed to have invited some named religious communities to a roundtable discussion, although the same religious communities told Forum 18 they were unaware of any invitation. Some Protestant churches have decided to protest at the restrictions in the Religion Law by refusing to apply for registration.

11/14/2009 Kyrgyzstan (Forum18) – Although unregistered religious activity is now banned under the restrictive new Religion Law which came into force in January 2009, religious communities still cannot gain legal status, Forum 18 News Service has learnt. The State Commission for Religious Affairs (SCRA) says that religious communities must wait until the Regulations to apply the New Law are in place. SCRA officials told Forum 18 that "the Regulations have been prepared but not signed into force." Meanwhile, SCRA officials have given Forum 18 contradictory information on whether or not existing officially registered communities will need to be re-registered.

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Despite widespread protests by religious communities and human rights defenders, the controversial new Religion Law came into force on its official publication on 16 January. Officials have claimed that some provisions will be amended, but this has not happened (see F18News 27 May 2009 http://www.forum18.org/Archive.php?article_id=1301).

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A group of local Protestant churches have made a joint decision not to apply for re-registration even if they are required to do so, several Protestant leaders told Forum 18 in early November.

What will happen if communities won't register or re-register?

Lack of registration now potentially has serious consequences. The Law's Article 8 bans all unregistered activity and subjects it to prosecution (see F18News 5 November 2008 http://www.forum18.org/Archive.php?article_id=1213).

Communities of Protestant Christians, Hare Krishna devotees and Ahmadiya Muslims have all been ordered by the authorities to stop meeting for worship (see F18News 13 August 2009 http://www.forum18.org/Archive.php?article_id=1336).

Asked what will happen to religious communities which are unable or do not want to register or re-register, Kumar Dushenbaev, the SCRA official in charge of registering religious communities, told Forum 18 on 28 October from Bishkek: "We will deal with them in accordance with the Law of Kyrgyzstan." He would not specify what actions the state authorities would take.

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Is re-registration necessary?

Unlike in other countries of the region, Kyrgyzstan's new Religion Law does not specifically demand re-registration for all religious communities. However, Article 30 point 3 of the new Law points out that "charters and other founding documents of religious organisations and missions are effective only in that part, which is not in contradiction to this Law." Article 9 point 3 declares that "there shall be no norms in the charter of a religious organisation or mission contravening Kyrgyzstan's Constitution or Law." Officials had apparently hoped that this de facto re-registration demand would not be noticed (see F18News 5 November 2008 http://www.forum18.org/Archive.php?article_id=1213).

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Decision to protest by not registering

Aleksandr Shumilin of the Baptist Union told Forum 18 on 4 November that "all the evangelical churches [of Kyrgyzstan] have made a unanimous decision not to apply for re-registration or register their new congregations."

"First of all the Bible tells us to share the good news with all people," Shumilin said giving the reasons for the decision. "Why should we agree with the new Law, which does not allow us to freely share the good news?" he asked. "Second of all to register our many un-registered congregations we need to give the names and personal data of 200 members as founders, which we will not do."

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