What is Wrong about Religion Law in Kazakhstan?

The problem of Kazakhstan, as well as other ex-Soviet countries, is the assurance that religion a priori carries threat, in particular, to the political structure and cultural identity, experts say. Therefore, religion laws contain provisions that discriminate against religious people.

Institute for War & Peace Reporting (IWPR) has prepared the analytical review of the situation of the freedom of religion in Kazakhstan. It tells about the gradual liberalisation of human rights laws in Kazakhstan. However, the question of ensuring the right to freedom of religion is still relevant. Laws on national security and counter-terroristic measures often restrict the rights of religious people and serve as the instrument of strict control over religious associations.

According to religious scholar Danil Buglov, the fundamental problem of Kazakhstan, which is typical for other former Soviet republics, is the assurance that religion poses a threat, particularly, to the political structure and cultural identity.

“Given the understanding of religion as a potential threat, a particular domestic policy develops, which restricts human rights in this sphere,” Buglov said.

What is wrong about registration of religious associations?

In Kazakhstan, religious associations must be registered with state bodies. This procedure in itself is not a violation of right to freedom of religion. But the problem is that Kazakhstan has set strict requirements for registration. For example, to get a status of a local religious association, at least 50 co-religionists must reside in the same location.

Professor, expert in religion and law, Roman Podoprigora, said that it was a high limit for Kazakhstan, “Our country is not very densely populated. So, it is rather difficult to find, say, 50 people in a village. Therefore, sometimes religious associations use such scheme as asking neighbours, friends, friends’ friends [to be counted as co-believers].”

Why is it dangerous in Kazakhstan to start looking for co-religionists to register an association?

To register the association, at least 50 co-religionists must be available. But to get this number, the initiator must actually start missionary work, i.e. tell about the religion, involve people in his/her religion. However, missionary work is banned in Kazakhstan without special permit.

“To get [permit for missionary work], one needs to be a member of some registered religious association,” Danil Buglov pointed to the vicious circle. “So, it turns out that it breaking the law is inevitable.” If a missionary works unregistered, he/she will be fined under administrative law.

Why a Christmas greeting could be penalised?

According to the law, the notion of missionary activity (spreading religious teaching) is too vague and can cover anything.

“If necessary, anyone talking about religion could be penalised. A person could even be penalised for a harmless greeting on religious occasions,” the anonymous expert said as part of the review.

Why Kazakhstan penalises for sales of religious books and interview with imam?

The law regulates strictly the process of dissemination of religious materials: it can be done only in special places – special stationary premises (usually, it means places of worship).

The notion of “dissemination of religious materials” is interpreted widely and covers religious literature, and other information materials as well as religious items, which are not expressly specified in the law.

Therefore, if a person posts the Quran or icon to the online platform for sale (for the purpose of making some extra cash, not for promoting religion), he/she could be penalised. They can penalise one for the interview with imam, who explains the point of the Islamic holiday, Kurban Ait, because such an interview is the dissemination of “information materials with religious content” in an inappropriate place, from the legislator’s point of view.

How to change the situation?

Problems need to be discussed openly, state bodies, non-governmental organisations and religious associations should be worked with in a constructive way in order to further improve legislation in the field of religion.

The law on religion adopted in 2011 was an expected reaction of the state to terrorist attacks first in the history of sovereign Kazakhstan. However, legal evolution is a natural process that is necessary to meet the society’s demands in time. Now the society demands a new balance between the national security and the freedom of religion.

“It is important to develop conceptual approaches to regulation of such sensitive issues as issues of religious freedom of citizens without overusing references to national security threats,” said Amanzhol Urazbaev, chair of public association “Counter-terrorism committee”.

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