Freedom of Thought, Religion in Trouble in Some OSCE States

US Dept of State
07 October 2004
Freedom of Thought, Religion in Trouble in Some OSCE States
Dorthy Taft addresses OSCE human rights meeting in Warsaw

Freedom of thought and religion are fundamental rights that are
“inconsistently applied, and often violated, by many states across the OSCE
[Organization for Security and Cooperation in Europe] region,” said Dorthy
Taft, a member of the U.S. Delegation to the Human Dimension Implementation
Meeting in Warsaw, Poland, October 6.

Taft cited examples of problems and/or progress in a number of states,
including Turkey, Uzbekistan, Turkmenistan, Azerbaijan, Georgia, Armenia,
Kazakhstan, Russia, Belarus, Bulgaria, France and Germany.

Noting the success of the recent Brussels OSCE Conference on Racism,
Xenophobia and Discrimination, Taft said the United States would welcome the
convening of a Supplementary Human Dimension Meeting in Central Asia “to
discuss the nexus of protecting religious freedom while combating
terrorism.”

The October 4-15 meeting in Warsaw is being held to review the
implementation of OSCE commitments in the fields of human rights and
democracy — the ?~human dimension” — by participating states.
Following is the text of Taft’s prepared statement:

United States Mission to the OSCE
Warsaw, Poland
October 6, 2004

STATEMENT ON FREEDOM OF THOUGHT, CONSCIENCE, RELIGION OR BELIEF

As delivered by Dorthy Taft, Member, U.S. Delegation to the Human Dimension
Implementation Meeting

Mr. Chairman, the United States is deeply committed to guaranteeing the
freedom of thought, conscience, religion or belief. We were pleased that the
Maastricht Ministerial built upon the considerable body of OSCE commitments
by recognizing the importance of facilitating individual and communal
religious freedom through “transparent and non-discriminatory laws,
regulations, practices and policies.” However, we note with concern that
this fundamental right is inconsistently applied, and often violated, by
many States across the OSCE region.

The U.S. regards as a success the Brussels OSCE Conference on Racism,
Xenophobia and Discrimination, which discussed facilitating freedom of
religion or belief through non-discriminatory laws, regulations, policies
and procedures. The conference also included a side event on promoting
tolerance toward Muslims. In order to learn more about the activities of the
OSCE/ODIHR Panel of Experts on Freedom of Religion of Belief, we hope that
government representatives and NGOs will attend the Panel’s side event after
this session. The United States would also welcome the convening of a
Supplementary Human Dimension Meeting in Central Asia to discuss the nexus
of protecting religious freedom while combating terrorism.

The United States applauds the efforts by Turkey to bring its legal system
into conformity with OSCE commitments. While reforms now allow non-Muslim
religious communities to build churches and buy property, authorities have
actively sought to close meetings outside “official” locations under the
pretext of zoning laws. We urge the Government of Turkey to explicitly allow
religious meetings in rented facilities or private homes. Turkey’s system of
regulating religious groups remains problematic, as the government’s strict
control of Islamic teaching and practice, its ban on headscarves in public
institutions, and its failure to reach an agreement on the re-opening of the
Halki Seminary all contravene Turkey’s OSCE commitments. We also urge Turkey
to adopt a new law allowing minority foundations to reclaim properties
expropriated by the state. We hope to see the government continue its good
work and to continue to open the religious liberty sphere in Turkey by
addressing these issues.

The United States remains greatly concerned by continuous violations of
religious liberty by the Government of Uzbekistan. Approximately 5,500
individuals remain jailed in Uzbekistan on charges of religious extremism,
despite repeated calls by the international community and NGOs for their
release. Even before the bombings this year, which the United States
unconditionally condemns, there have been reports of observant Muslims being
arrested on falsified evidence as alleged members of Hizb ut-Tahrir.
Limitations on religious freedom also include bans on proselytizing or
unauthorized teaching of religion and burdensome registration requirements
that prevent legitimate activity. The United States is also disappointed
that neither the Uzbeks nor the ODIHR has followed up on the July 2003 Panel
of Experts on Freedom of Religion or Belief’s recommendations concerning the
Uzbek religion law. Considering the recent bombings, we believe an
ODIHR-sponsored meeting to discuss implementing the recommendations is
needed now more than ever, for we fear the government’s policy is leading to
that which the Uzbek government is trying to avoid: support for violent
extremism.

In Turkmenistan, we note the relaxation of the registration process for
religious communities, the removal of criminal penalties for unregistered
religious groups, the recent registration of four religious groups, the
release of some conscientious objectors, and the significant reduction in
harassment of religious groups. The United States encourages Turkmen
authorities to register all applicant groups and to respect the rights of
all believers to profess and practice their faith. My delegation is
concerned by recent police raids of registered religious communities. We
urge the Government to communicate the new policies to all local security
officials to ensure that they are followed. Lastly, we reiterate Congress’
call for the unconditional release of the former Grand Mufti, Nasrullah ibn
Ibadullah, as well as Jehovah’s Witnesses Mansur Masharipov and Vepa
Tuvakov.

The situation for religious freedom in Azerbaijan has deteriorated since the
2003 HDIM. Not only have authorities forcibly seized the Juma Mosque, they
also imposed new leadership and prevented the peaceful community from
worshiping elsewhere. We urge the Azerbaijani Government to cease harassment
of mosque leaders and return full control of the mosque to the community. In
Georgia, we welcome the arrest of mob leaders who had instigated violence
against religious minorities; we urge the government to vigorously prosecute
all individuals involved in such assaults. We strongly encourage Tbilisi to
amend the civil code to ensure all religious groups can obtain legal entity
status and build new worship facilities. In Armenia, we welcome the new
alternative military service law that allows conscientious objectors to
fulfill their national service, but urge the government to fulfill its
pledge to release all remaining conscientious objectors. We also encourage
the government to permit Jehovah’s Witnesses to be recognized and registered
as a religious community.

Kazakhstan has earned a positive reputation on religious liberty and
tolerance. Nevertheless, the draft law and amendments on combating extremist
activity could be misused against unpopular religious groups. Current Kazakh
law allows for prosecuting criminal acts, so we see no need for these new
provisions. In fact, the United States recommends the removal of Article 375
of the Administrative Code, which requires the registration of religious
groups. Since its promulgation, we have received consistent reports of
unregistered groups being penalized for legitimate activities through civil
and criminal sanctions.

In Russia, the international community was disappointed by a court decision
banning the Jehovah’s Witnesses in Moscow. The United States is concerned
with the Moscow ban, as well as the implicit endorsement of intolerance it
sends to local officials elsewhere in Russia. Some religious faiths continue
to be harassed by local officials, without appropriate action by the federal
government to ensure the enjoyment of religious freedom as stipulated by
both OSCE standards and the Russian Constitution.

We also renew concern regarding Belarus, as the end of the registration
period under the problematic 2002 religion law ends in November. As a member
of OSCE, the government of Belarus is bound by an OSCE commitment to ensure
that groups may operate freely without registration, even though Belarus law
does not yet recognize this right.

The United States also notes disturbing developments in Bulgaria. The
problematic 2002 Law on Religions was used in July 2004 by Bulgarian
authorities to justify the seizure of properties used by the alternative
Bulgarian Orthodox synod. Unfortunately, the government abandoned neutrality
and wrongly attempted to grant discriminatory favor to the Synod of
Patriarch Maxim. Bulgarian authorities should immediately reinstate to the
alternative synod full control of the seized properties until the courts
settle the dispute.

Grave problems with freedom of thought, conscience, religion or belief exist
in many OSCE participating States — but not only those countries located to
the “East of Vienna.” The United States wishes to highlight concerns about
the ban on religious apparel in French public schools. We believe the ban
violates OSCE commitments and is counterproductive, as it will only further
marginalize the very people the government wishes to integrate.

Additionally, efforts by several German Laender to prohibit the wearing of
the Muslim headscarves by teachers, is discriminatory. The ability to
express one’s religious beliefs through word or deed is a fundamental right
under OSCE commitments, and must be protected.

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