Russia: Information on the law "On Freedom of Conscience and Religious Associations" and its impact on religious minorities
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 November 1997 |
| Citation / Document Symbol | RUS28246.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Russia: Information on the law "On Freedom of Conscience and Religious Associations" and its impact on religious minorities, 1 November 1997, RUS28246.E, available at: https://www.refworld.org/docid/3ae6ab968.html [accessed 1 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The revised law "On Freedom of Conscience and Religious Associations," passed in the Duma by a vote of 358 to 6 on 19 September 1997, and approved by the Federation Council four days later (RFE/RL Newsline 25 Sept. 1997; ITAR-TASS 25 Sept. 1997), was signed into law by President Yeltsin on 26 September 1997 (The New York Times 27 Sept. 1997; AFP 26 Sept. 1997). An earlier version of the law, harshly criticized by human rights organizations, minority religious groups, legal scholars, foreign governments and the Vatican, had been rejected by Yeltsin as unconstitutional and returned to the Duma with suggested revisions (Frontier No. 4 1997, 6-7; RFE/RL Newsline 25 Sept. 1997; HRW 8 July 1997; The Ottawa Citizen 20 Sept. 1997). Supporting the revised legislation was the Russian Orthodox Church, which was concerned about the rapid spread of cults, sects and non-traditional faiths, including Roman Catholicism and many of the evangelical Protestant denominations, following the collapse of the Soviet Union (The Washington Post 20 Sept. 1997; The New York Times 27 Sept. 1997). Other sources indicate the Moscow Patriarchate was also concerned about competition from alternative Orthodox churches such as the Ukrainian Orthodox Church, the Russian Orthodox Free Church and the 'True' Orthodox Church (ibid.; IPS 13 Oct. 1997).
Despite Yeltsin's criticisms and his rejection of the earlier law as unconstitutional, sources indicate the bill he signed into law was little different than its predecessor (Moscow News 2 Oct. 1997; The Moscow Times 6 Sept. 1997; The Washington Post 20 Sept. 1997), and in some respects may be worse (IPS 13 Oct. 1997). The new law maintains the discriminatory division of Russia's religious community into those belonging to "religious organizations," including the Russian Orthodox Church and traditional faiths such as Buddhism, Islam and Judaism, and those belonging to "religious groups," including Mormons, Baptists, Lutherans, Pentecostals, Presbyterians and independent Orthodox faiths (Moskovskiye Novosti 28 Sept.-5 Oct. 1997; The Moscow Times 6 Sept. 1997; The Ottawa Citizen 20 Sept. 1997; HRW 8 July 1997). The preamble to the new law was broadened to include a reference to "Christianity" to win the support of the Catholic Church, but still contains a reference to the "special role" of the Orthodox Church (Moskovskiye Novosti 28 Sept.-5 Oct. 1997; The Moscow Times 6 Sept. 1997).
Unlike the earlier version the revised law allows "religious groups" to register with the state, own property and teach religion to their followers, but they must reregister annually rather than every three years, and must wait 15 years to acquire all the rights of "religious organizations" (Moskovskiye Novosti 28 Sept.-5 Oct. 1997; The Moscow Times 6 Sept. 1997). In the meantime they cannot publish literature, own mass media organizations, perform church-related work in state schools, prisons, hospitals or orphanages, set up religious schools or professional organizations, or invite foreigners to proselytize (ibid.; The Ottawa Citizen 20 Sept. 1997; Moskovskiye Novosti 28 Sept.-5 Oct. 1997).
The law's critics note that in addition to discriminating against Russian citizens solely on the basis of their religion (The Washington Times 15 Sept. 1997; Moskovskiye Novosti 28 Sept.-5 Oct. 1997), the legislation is also bad law, with internal inconsistencies and apparent contradictions between several articles (ibid.; Moscow News 2 Oct. 1997). Moreover, regulations governing how the law will be applied have yet to be written (The New York Times 27 Sept. 1997), and enforcement of the law will be left largely to local authorities, "making it likely that religious tolerance will vary greatly from region to region" (ibid.; The Boston Globe 27 Sept. 1997). One observer describes the annual reregistration procedure as "exhausting and bureaucratically complicated" (Moskovskiye Novosti 28 Sept.-5 Oct. 1997), while another notes that the 15-year rule would require "non-conformist religious movements ... to be registered since Brezhnev's timewhen all these people were in jail" (IPS 13 Oct. 1997). According to Lawrence Uzzell of the Keston Institute, an Oxford, UK-based research centre that monitors religious freedoms in eastern European and former USSR countries, the law represents "the most sweeping legislative rollback of human rights since the birth of post-Soviet Russia" (The New York Times 27 Sept. 1997).
Sources indicate that even before the new law came into force, authorities in several provinces were beginning to harass members of non-Orthodox religious groups (Lituraturnaya Gazeta 15 Oct. 1997; The Washington Post 2 Nov. 1997), and that 25 or 26 of Russia's 89 regions had "already passed legislation restricting 'non-traditional' faiths" in anticipation of the federal law taking effect (The Boston Globe 8 Oct. 1997; The Boston Herald 15 Oct. 1997). For example, in June 1996 in Belgorod, about 650 kilometres south of Moscow, police detained Rev. Yozif Gonchaga as he drove across city limits on his way to lead a mass for Belgorod's 30 Roman Catholics (The Boston Globe 8 Oct. 1997; The Washington Post 2 Nov. 1997). After being interrogated for three hours Gonchaga, a Slovak, was told that he was forbidden to preach, even in a private apartment, because he was a representative of a "foreign religious organization" (ibid.; The Boston Globe 8 Oct. 1997). On 16 September 1997 the Keston Institute received a report from the leader of a "mainstream Protestant denomination in a major provincial city" who stated he had been "informed that he would have 24 hours to leave the city once the law had been passed" (Frontier No. 5 1997, 3). In early October 1997 a representative of Russian Ministries, an umbrella organization for several Protestant groups, reported there had been a "lot of intimidation [from regional officials] ... in the past few months" (The Boston Globe 8 Oct. 1997). The representative indicated that government officials required Baptist missionaries in the Siberian city of Ulan Ude to submit their sermons for "inspection and certification by a government-appointed 'translator'" (ibid.; The Boston Herald 15 Oct. 1997).
In Sverdlosk, in the Urals, a council for religious affairs was established, reportedly to evaluate the "social-psychological consequences" of the activities of non-traditional religious groups (ibid.). Another report states that the Moscow police informed the Hare Krishnas they no longer had the right to sell their books because their activities had been banned, this ban being implied by the Hare Krishnas' absence from the list of traditional religions found in the draft law's preamble (Lituraturnaya Gazeta 15 Oct. 1997).
A report in Frontier indicates that Orthodox clergy were pressured by church officials to support the draft law (No. 5 1997, 3). One Orthodox priest, Father Sergei Shevchenko, reported that parish priests in the Ivanovo region of Russia were instructed by Archbishop Amvrosi to gather signatures in support of the law (ibid.). When Father Shevchenko expressed reservations because the text of the law was unavailable, he was told "not to meddle" in the matter (ibid.). When the archbishop discovered that Father Shevchenko had submitted an article about the incident to a local newspaper, he was dismissed from his diocese (ibid.).
On 28 or 29 September 1997, Russian police seized the Ukrainian Orthodox Epiphany Cathedral, located in Noginsk, about 80 kilometres east of Moscow (Ukrayina Moloda 1 Oct. 1997; Interfax 3 Oct. 1997; UPI 7 Oct. 1997). Also seized were a theological college, lyceum, convent and the residence of Archbishop Adrian (ibid.; Ukrayina Moloda 1 Oct. 1997). Adrian claimed the police cursed, beat and abused him and his followers as they were being evicted, a charge "flatly denied" by Noginsk's police chief (AP Worldstream 30 Sept. 1997; The Moscow Times 11 Oct. 1997). According to officials of the Russian Orthodox Church, the incident was a simple property dispute, with police merely enforcing a court order that Adrian return property he took when he broke with the Moscow Patriarchate to join the Ukrainian Orthodox Church in 1993 (ibid.; ibid. 14 Oct. 1997). The Ukrainian Orthodox Church, Kiev Patriarchate, which is not recognized by Moscow but is supported by the Ukrainian government, is one of three dissenting Orthodox churches competing with the Moscow Patriarchate in Ukraine (ibid.; ibid. 11 Oct. 1997; Interfax 3 Oct. 1997), and Noginsk is the largest of its approximately 20 churches in Russia (The Baltimore Sun 8 Oct. 1997). The Moscow Times reports that strictly speaking the law on religion should have no bearing on the Noginsk dispute (11 Oct. 1997). Russian law "does not give a clear answer on what happens to church property when there is a split between a parish and the ecclesiastic hierarchy" (ibid. 14 Oct. 1997), and the law on religion does not authorize the seizure of property from breakaway parishes (ibid. 11 Oct. 1997). Several observers indicate the new law has emboldened local officials to use heavy-handed means in resolving the dispute in favour of the Russian Orthodox Church (ibid. 14 Oct. 1997; ibid. 11 Oct. 1997; AP Worldstream 30 Sept. 1997; Informatsionnoye Agentstvo Ekho Moskvy n.d.). According to reports in Lituraturnaya Gazeta and The Moscow Times, incidents of bureaucratic harassment of minority religious groups increased in frequency after the legislation became law (15 Oct. 1997; 14 Oct. 1997).
On 30 September 1997 an Evangelical Lutheran mission in the Siberian city of Touim, Republic of Khakassia, received an official letter stating that its registration had been cancelled in accordance with the new law (The Boston Globe 8 Oct. 1997; Prayer & Praise No. 5 1997). The action reportedly would require the mission to shut down its youth education programs, adult bible study groups and an aid program for the poor (The Boston Globe 8 Oct. 1997).
General information on minority religious groups and their members can be found in the following Responses to Information Requests: RUS10977 of 3 June 1992 on the treatment of Mormons; RUS12462 of 9 December 1992 on the situation of evangelists; RUS17793.E of 29 June 1994 on the treatment of a group called "Faith Will Save the World"; RUS22986.E of 26 March 1996, which in part discusses the situation of breakaway parishes from the Russian Orthodox Church; and RUS27254.E of 23 July 1997 on the situation of Baptists. The attachment from The Moscow Times of 18 July 1997 provides additional information on the treatment of Mormons in Russia. Please see the attachment from the 1 October 1997 issue of Rossiyskaya Gazeta for a full-text English translation of the law on religion. Additional information on the law and analyses of its implications for human rights in Russia can be found in the rest of the attachments.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Agence France Presse (AFP). 26 September 1997. "Yeltsin Signs Controversial Religion Law." (NEXIS)
AP Worldstream. 30 September 1997. Steve Gutterman. "A Ukrainian Church Claimed Tuesday That Police Seized Its Cathedral...." (NEXIS)
The Baltimore Sun. 8 October 1997. Final Edition. "Ukraine Protests Seizure of Church; Russians Took Cathedral from Pro-Kiev Churchmen." (NEXIS)
The Boston Globe. 8 October 1997. City Edition. David Filipov. "Russia's New Law Limiting Religions Stirs Protests, Fear." (NEXIS)
_____. 27 September 1997. City Edition. David Filipov. "Yeltsin Signs Law Restricting Some Religions; Critics Say Constitution Violated." (NEXIS)
The Boston Herald. 15 October 1997. Don Feder. "OP-ED: Cossacks Are Back in the Saddle Again." (NEXIS)
Frontier [Oxford, UK]. No. 5 1997. "News in Brief: Russia."
_____. No. 4 1997. "From Our Moscow Correspondent: Council for Religious Affairs to Return?"
Human Rights Watch (HRW). 8 July 1997. "Russian FederationReturn to Restrictive Legislation?" [Internet]
Informatsionnoye Agentstvo Ekho Moskvy [Moscow, in Russian]. n.d. "Russia: Russian Religious Law Said in 'Violation' of Constitution." (FBIS-SOV-97-272 29 Sept. 1997/WNC) [Accessed 30 Oct. 1997]
Inter Press Service (IPS). 13 October 1997. Sergei Blagov. "Russia: New Religious Law Criticized at Home and Abroad." (NEXIS)
Interfax [Moscow, in English]. 7 October 1997. "Ukraine: Kiev Urges Return of Noginsk Temple from Russia." (FBIS-SOV-97-280 7 Oct. 1997/WNC) [Accessed 4 Nov. 1997]
_____. 3 October 1997. "Russia: Russian Embassy in Kiev Protests Picket by Church Activists." (FBIS-SOV-97-276 3 Oct. 1997/WNC) [Accessed 4 Nov. 1997]
ITAR-TASS [Moscow, in English]. 25 September 1997. Natalya Panshina. "Russia: New Religion Law Passed Through Federation Council." (FBIS-SOV-97-268 25 Sept. 1997/WNC) [Accessed 30 Oct. 1997]
Lituraturnaya Gazeta [Moscow, in Russian]. 15 October 1997. Oleg Moroz. "Russia: 'Persecution' Expected from Religion Law." (FBIS-SOV-97-296 23 Oct. 1997/WNC) [Accessed 30 Oct. 1997]
Moscow News. 2 October 1997. Alexander Soldatov. "Autumn of the Patriarch." (NEXIS)
The Moscow Times. 14 October 1997. "Law Rouses State to Take Church Side." (NEXIS)
_____. 11 October 1997. David McHugh. "Archrival Bishops Battle in Noginsk." (NEXIS)
_____. 6 September 1997. Andrei Zolotov Jr. "Yeltsin Tries to Satisfy All with Religion Bill." (NEXIS)
Moskovskiye Novosti [Moscow, in Russian]. 28 September-5 October 1997. No. 39. Aleksandr Soldatov. "The Law After a Makeover." (Current Digest of the Post-Soviet Press 29 Oct. 1997/NEXIS)
The New York Times. 27 September 1997. Late EditionFinal. Michael R. Gordon. "Irking U.S., Yeltsin Signs Law Protecting Orthodox Church." (NEXIS)
The Ottawa Citizen. 20 September 1997. Final Edition. Colin McMahon. "Russia Limits Freedom of Faith: Parliament, Orthodox Church Want to Check Tide of Foreign Churches." (NEXIS)
Prayer & Praise [Oxford, UK]. No. 5 1997. "Russia."
RFE/RL Newsline. 25 September 1997. Vol. 1, No. 125. Paul Goble. "A Dangerous New Orthodoxy." [Internet]
Ukrayina Moloda [Kiev, in Ukrainian]. 1 October 1997. "Ukraine: Kiev Daily Deplores Seizure of Ukrainian Church in Russia." (FBIS-SOV-97-276 3 Oct. 1997/WNC) [Accessed 30 Oct. 1997]
The United Press International (UPI). 7 October 1997. BC Cycle. "Ukraine Protests Church Seizure." (NEXIS)
The Washington Post. 2 November 1997. Lawrence A. Uzzell. "A Show of Bad Faith: Behind Yeltsin's Betrayal of Religious Freedom." [Internet]
_____. 20 September 1997. Final Edition. David Hoffman. "Russian Legislators May Revive Bill Restricting Religion: Yeltsin Vetoed Earlier Version, but May Sign This Time." (NEXIS)
The Washington Times. 15 September 1997. Final Edition. Ariel Cohen. "Trampling Religious Freedom." (NEXIS)
Attachments
The Boston Globe. 27 September 1997. City Edition. David Filipov. "Yeltsin Signs Law Restricting Some Religions; Critics Say Constitution Violated." (NEXIS)
Human Rights Watch (HRW). 8 July 1997. "Russian FederationReturn to Restrictive Legislation?" [Internet]
Inter Press Service (IPS). 13 October 1997. Sergei Blagov. "Russia: New Religious Law Criticized at Home and Abroad." (NEXIS)
Lituraturnaya Gazeta [Moscow, in Russian]. 15 October 1997. Oleg Moroz. "Russia: 'Persecution' Expected from Religion Law." (FBIS-SOV-97-296 23 Oct. 1997/WNC) [Accessed 30 Oct. 1997]
Moscow News. 2 October 1997. Alexander Soldatov. "Autumn of the Patriarch." (NEXIS)
The Moscow Times. 6 September 1997. Andrei Zolotov Jr. "Yeltsin Tries to Satisfy All with Religion Bill." (NEXIS)
_____. 18 July 1997. Andrei Zolontov. "Missionaries Pray Against Religion Bill." (NEXIS)
Moskovskiye Novosti [Moscow, in Russian]. 28 September-5 October 1997. No. 39. Aleksandr Soldatov. "The Law After a Makeover." (Current Digest of the Post-Soviet Press 29 Oct. 1997/NEXIS)
The New York Times. 27 September 1997. Late EditionFinal. Michael R. Gordon. "Irking U.S., Yeltsin Signs Law Protecting Orthodox Church." (NEXIS)
The Ottawa Citizen. 20 September 1997. Final Edition. Colin McMahon. "Russia Limits Freedom of Faith: Parliament, Orthodox Church Want to Check Tide of Foreign Churches." (NEXIS)
RFE/RL Newsline. 25 September 1997. Vol. 1, No. 125. Paul Goble. "A Dangerous New Orthodoxy." [Internet]
Rossiyskaya Gazeta [Moscow, in Russian]. 1 October 1997. "Russia: RF Federal Law on Religious Freedom." (FBIS-SOV-97-282 9 Oct. 1997/WNC) [Accessed 30 Oct. 1997]
Sevodnya [Moscow, in Russian]. 20 September 1997. Yevgeny Yuryev. "Duma and President Agree in Theological Debate." (Current Digest of the Post Soviet Press 22 Oct. 1997/NEXIS)
The Washington Post. 2 November 1997. Lawrence A. Uzzell. "A Show of Bad Faith: Behind Yeltsin's Betrayal of Religious Freedom." [Internet]
_____. 20 September 1997. Final Edition. David Hoffman. "Russian Legislators May Revive Bill Restricting Religion: Yeltsin Vetoed Earlier Version, but May Sign This Time." (NEXIS)
The Washington Times. 15 September 1997. Final Edition. Ariel Cohen. "Trampling Religious Freedom." (NEXIS)
