Eight most significant amendments to be made to the law on religion of the Republic of Kazakhstan

The draft law on religious activities is currently the most discussed in Kazakhstan.

The Ministry of religious Affairs and civil society of the Republic of Kazakhstan presented a draft law on religious activities and religious associations in the Majilis of the Parliament. We bring to your attention the most significant amendments that are widely discussed in society.

1. Justification for the development of the draft law «on amendments and additions to certain legislative acts of the Republic of Kazakhstan on religious activities and religious associations»

Since 2011, the level of negative trends related to religion and religious activities has increased. Taking this into account, an analysis of the causes and consequences was carried out, and a number of threats were identified that state bodies need to address together with religious organizations. Comprehensive measures were taken against individuals with radical religious views. It is important to increase the religious and legal literacy of the religious part of the population and prevent religious radicalism and extremism.

Therefore, amendments are proposed to the mechanisms of legal regulation in religious activities, designed to prevent illegal actions, as well as to ensure freedom of conscience, provided for in the Constitution of the country.

2. Public demonstration of external signs of destructive religious movements (DRM)

The draft law addresses this issue in a comprehensive manner, in order to prevent the use of religion for destructive purposes and to block the channels of dissemination of destructive ideology.

The bill provides for a ban not only on the use and public display of attributes and external signs of destructive religious movements, but, more importantly, it will prohibit the dissemination and promotion of the ideology of DRM. The draft law interprets a destructive religious trend as a set of religious views, ideas, as well as teachings that pose a threat to protected human rights and freedoms, which can weaken and (or) destroy moral foundations, spiritual and cultural values and traditions.

The law itself does not detail these external features – this is not appropriate (the text of the bill does not contain a word about a beard or trousers).

External signs of belonging to the DRM are proposed to be fixed by a Bylaw – a joint order of the authorized body, national security and internal Affairs bodies.

During the development of the order, the signs will be thoroughly discussed with religious associations, theologians, religious scholars and experts. It is important that external signs: cropped trousers, a long disordered beard in combination with ideological, organizational, ritual and behavioral signs will characterize belonging to the DRM. At the same time, clergymen, as well as foreigners visiting the country for tourist purposes, will not fall under the definition of adherents of DRM on external grounds.

The Ministry of religious Affairs and civil society (MRACS), together with other interested organizations, will conduct seminars for law enforcement officials in order to avoid excesses.

It is important to note that these rules will increase the level of security of citizens, while preventing violations of the constitutional rights of citizens.

 

3. Introduction of conditions for obtaining religious education abroad

The share of foreign educational institutions in solving personnel issues of Spiritual management of Muslims in Kazakhstan is 7-8%. The vast majority of religious Ministers received higher education in Russian educational institutions.

 

Currently, there are 9 madrassas in our country (including 5 madrassas-colleges) and a higher educational institution - Nur-Mubarak University. In order to improve the qualifications of Ministers of the Spiritual administration of Muslims of Kazakhstan, the state pays special attention to increasing the number of grants allocated to Nur-Mubarak University in the specialties of « Islamic studies» and «religious studies». For example, the state has allocated 218 grants for the 2017-2018 academic year.

 

To date, 1,180 people study at the University, including 1,093 undergraduate students, 62 graduate students, and 25 doctoral students. From 2003 to 2017, 1,231 students graduated from the University, of which 991 (80.5%) were employed in the DUMK system. The staff of imams in the Spiritual administration is 3,800 people. Of these, 19% have higher education, 27% have secondary education, and 54% have completed religious literacy courses.

 

The goal is to train religious Ministers primarily in our country, so that they form a religious consciousness that is compatible with Kazakhstan's traditions and culture, our spirituality. In the future, they can continue their studies in foreign educational institutions to deepen their religious knowledge and learn the language.

 

As for other faiths, the educational Institution «Almaty Orthodox Theological Seminary», which is the highest spiritual educational institution of the Orthodox Church of Kazakhstan, functions in the country.

The higher theological Seminary «Mary mother of the Church» is the only Catholic Seminary in Central Asia that trains priests to serve in all four dioceses of Kazakhstan.

The religious Association «inter-Patriarchal higher theological Seminary» was founded on July 16, 1998.

However, not all religious associations operating in our country have their own educational institutions. Appropriate exceptions are made for them.

The spiritual administration of Muslims of Kazakhstan can also send young people to leading Islamic Universities, if necessary, but on the basis of an international agreement. Such agreements must be concluded by an authorized body in the field of education or in the field of regulating religious activities.

In addition, having received higher education in the country, anyone can study for a bachelor's degree at another theological University.

The introduction of this rule solves two issues: the development of domestic religious schools and the establishment of a barrier to the penetration of foreign and destructive ideas, which are often carried by young people who went abroad early and received religious education there.

4. Insulting the feelings and dignity of both believers and non-believers

 

The bill introduces a new norm that provides for administrative responsibility for insulting the feelings and dignity of both believers and non-believers. It is designed to bring our legislation into line with article 18 of the International Covenant on civil and political rights, which protects theistic, non-theistic and atheistic beliefs, as well as the right to profess or not to profess any religion or belief.

In world practice, freedom of religion by default includes the freedom to choose one's religion and beliefs, as well as to follow an atheistic worldview. This norm equally protects the honor and dignity, religious feelings of believers and the honor and dignity of non-believers, i.e. it ensures equal rights of all citizens regardless of their attitude to religion.

Often in practice, citizens who do not fully perform religious rites are subjected to insults, reproaches for «godlessness», «sinfulness», which is a manifestation of religious intolerance.

One of the reasons for religious radicalization of people is the fear of citizens being accused of disbelief, apostasy and not observing religious rites.

This addition to part 2 of article 490 of the code of the Republic of Kazakhstan "on administrative offences" corresponds to the experience of most Western countries, where freedom of religion is guaranteed, including the freedom not to classify oneself as a member of any religion.

5. Regulation of behavior of civil servants and employees of budgetary organizations in the religious sphere

The code of Ethics of civil servants of the Republic of Kazakhstan has a number of requirements for the rules of conduct of civil servants. This is a normal practice in all countries. Citizens entering the civil service voluntarily and consciously take the oath and certain restrictions. For example, civil servants, including those holding senior positions, cannot openly demonstrate their religious beliefs in a collective, force subordinate employees to participate in the activities of public and religious associations and other non-profit organizations; they must always adhere to generally accepted moral and ethical standards, and prevent cases of anti-social behavior, including being in public places in a state of intoxication that offends human dignity and public morality; show modesty, do not emphasize or use your official position when receiving appropriate services; do not allow yourself to violate the requirements of the law, which involve an attack on public morality, order and security, and do not involve other citizens in committing illegal, anti-social actions.

The bill proposes a provision that partially introduces these requirements at the level of the law. This applies to prohibiting the use of official position in the interests of religious associations, forcing other persons to participate in religious activities, as it may create grounds for abuse. In addition, a civil servant does not have the right to be the initiator of the creation or a member of a religious Association.

 

It is proposed to introduce the corresponding norm in the Law « On civil service of Kazakhstan» (State employee may not: use his official position and related opportunities in the interest of religious associations; to compel other persons to participate in the activities of religious associations; to be the initiator of and a participant (member) of a religious Association).

 

In addition, the restrictive rules are proposed to cover employees of organizations funded from the state budget and the budget of the National Bank of the Republic of Kazakhstan. But not three, but two requirements in terms of preventing the use of official position in the interests of religious associations and forcing other persons to participate in the activities of religious associations.

This is logical, since an employee of an institution who receives a salary from the budget should not allow actions that are at odds with the interests of state policy.

(Article 3 of the industry Law includes: « Employees of organizations financed from the state budget and the budget of the National Bank of the Republic of Kazakhstan may not use their official position and related opportunities in the interests of religious associations, as well as force other persons to participate in the activities of religious associations, in religious rites and (or) in teaching religion»). For violation of this rule, there is an administrative responsibility « ... a warning or a fine for individuals in the amount of 10 MCI» (part 11 of article 490 of the administrative Code of the Republic of Kazakhstan).

 

However, these norms do not affect the basic rights of this category of citizens to freedom of conscience. They can participate in religious rites, services and other activities in their free time on an equal basis with everyone. Moreover, employees of budgetary organizations can also be founders and members of religious associations.

 

6. Introduction of rules that simplify the activities of religious associations

 

The bill simplifies the requirements for registration of regional religious associations. According to the current legislation in the religious sphere, religious associations can be created by members of local religious associations whose number is not less than two hundred and fifty people. However, these local associations must be located in two or more regions of the country.

The draft law provides that representatives of local associations from one region will be enough to create a regional religious Association.

These amendments are introduced in connection with proposals received from religious associations in the country.

 

For reference: the current version «a regional religious Association is a religious Association established on the initiative of at least five hundred citizens of the Republic of Kazakhstan who are participants (members) of two or more local religious associations, numbering at least two hundred and fifty citizens of the Republic of Kazakhstan from each of them, who represent at least two regions, cities of Republican significance and the capital».

 

New edition: « a Regional religious Association is a religious Association established on the initiative of at least five hundred citizens of the Republic of Kazakhstan who are participants (members) of two or more local religious associations numbering at least two hundred and fifty citizens of the Republic of Kazakhstan from each of them. »

7. Humanization of administrative sanctions

The current legislation provides for fines and suspensions for violations in the religious sphere.

As part of the improvement of state-confessional relations in order to humanize administrative punishment for offenses in the religious sphere, it is proposed to use a warning as an alternative administrative penalty.

In General, the total number of articles for which the warning will be applied is 9.

 

Note: a warning is provided for:

• violation of the requirements for conducting religious rites, ceremonies and meetings; performing charitable activities; importing, issuing, manufacturing and distributing religious literature and information materials of religious content, items of religious purpose; building religious buildings; organizing religious education;
• violation of the requirements for wearing items of clothing that prevent face recognition in public places;
• management of a religious Association by a person designated as a foreign religious center without the approval of the authorized body;
• violation of requirements concerning participation of minors in services, religious rites, etc.;
• violation of internal order requirements in religious buildings and premises of religious associations;
• violation of requirements by employees of budgetary organizations to prevent the use of official position and related opportunities in the interests of religious associations, as well as to force other persons to participate in the activities of religious associations;
• use, wearing and distribution in public places of external attributes, items of clothing that demonstrate belonging to destructive religious movements;
• the performance by the leaders, members of a public or religious Association of actions that go beyond the goals and objectives defined by the charters of these public or religious associations;
• Committing actions that violate the law by the leaders or members of a public or religious Association or by a public or religious Association.

8. Approval of the appointment of the head of a religious Association by a foreign religious center with the authorized body

This position is fixed in paragraph 5 of article 5 of the Constitution of the Republic of Kazakhstan:

«The activities of foreign religious associations on the territory of the Republic, as well as the appointment of heads of religious associations in the Republic by foreign religious centers, are carried out in coordination with the relevant state bodies of the Republic. »

This provision is also enshrined in article 19 of the sectoral law in the following wording: «The leadership of the religious Association by a person appointed by foreign religious center without the consent of the authorized body, as well as the failure of the leader of the religious enterprises of measures to prevent involvement and (or) the participation of minors in activity of religious associations, with the objection of one parent of a minor or other legal representatives entails a fine in the amount of fifty monthly calculation indices with administrative exclusion for limits of the Republic. »

Issues related to the appointment of heads of religious associations of the Roman Catholic Church are stipulated in the Law of the Republic of Kazakhstan dated October 18, 2012 No. 42-V «On ratification of the Agreement between the Republic of Kazakhstan and the Holy See on relations».

Due to the fact that the norm providing for responsibility for the management of a religious Association by a person appointed by a foreign religious center without approval from the authorized body is incorrectly stated in the current Code of the Republic of Kazakhstan «on administrative offenses» and includes two different norms, the Ministry has worked to improve it.

In addition, as part of the humanization of administrative legislation, a warning is introduced as an alternative administrative penalty under this norm.

The draft law sets out this provision in the following wording: «The management of a religious Association by a person appointed by a foreign religious center without the consent of the authorized body – entails a warning or a fine for citizens of the Republic of Kazakhstan in the amount of fifty monthly calculation indicators, for foreigners and stateless persons – a fine in the amount of fifty monthly calculation indicators with administrative expulsion from the Republic of Kazakhstan. »