FORUM 18 NEWS SERVICE, Oslo, Norway
The right to believe, to worship and witness
The right to change one’s belief or religion
The right to join together and express one’s belief
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Friday 12 February 2010
TURKMENISTAN: WORK NOT EVEN BEGUN ON NEW RELIGION LAW
Shemshat Atajanova of the government’s National Institute for Democracy and
Human Rights has admitted that work on a proposed new Religion Law has not
even begun. "We were working on the NGO Law first," she told Forum 18 News
Service. She then admitted that the proposed NGO Law has not even gone to
Parliament yet. Both were among the "priority" laws marked for "reform" in
January 2008. Religious believers told Forum 18 they remain sceptical that
any legal changes will end the violations of religious freedom. "Nothing
good for you will come from the new Religion Law," one Protestant cited
Nurmukhamed Gurbanov, deputy head of the government’s Gengeshi (Committee)
for Religious Affairs, as having told them back in 2008. Nor has any
non-Muslim community been able to gain legal status since September 2007.
"We don’t understand why they won’t do it," members of the Path of Faith
Baptist church in Dashoguz – which applied in 2005 – complained to Forum
18. The church was raided during worship in December because it is
unregistered.
TURKMENISTAN: WORK NOT EVEN BEGUN ON NEW RELIGION LAW
By Felix Corley, Forum 18 News Service <;
More than two years after the Turkmen government announced that the current
restrictive Religion Law will be revised, work on a draft text has not even
begun, Shemshat Atajanova, a head of department at the government’s
National Institute for Democracy and Human Rights, admitted to Forum 18
News Service from the capital Ashgabad [Ashgabat] on 28 January. Religious
believers told Forum 18 they remain sceptical that any legal changes will
end the violations of religious freedom. "Nothing good for you will come
from the new Religion Law," one Protestant cited Nurmukhamed Gurbanov,
deputy head of the government’s Gengesh (Committee) for Religious Affairs,
as having told them back in 2008 as discussion of amending the Law was
first raised.
The proposed new Religion Law was declared to be among the "priority" laws
needing improvement back in January 2008. The then Director of the National
Institute, Shirin Akhmedova, claimed to Forum 18 that the process would be
"transparent", but was unable to see any violations of Turkmenistan’s
international human rights commitments in the current Religion Law and
angrily denied that religious believers faced any restrictions (see F18News
14 February 2008 < 1088>).
It remains unclear whether the recent change of leadership at the National
Institute will make any difference. President Gurbanguly Berdymukhamedov
removed Akhmedova as Director in early February after she became a member
of the Mejlis (parliament). Appointed in her place was Yazdursun
Gurbannazarova, who had been named Chair of the Mejlis Committee on the
Protection of Human Rights and Freedoms in January 2009. Forum 18 was
unable to reach Gurbannazarova at the National Institute on 11 and 12
February.
Forum 18 was unable to reach Gurbanov at the Gengesh between 8 and 12
February.
No "reform" as restrictions continue
The failure to reform the Religion Law to remove restrictions on religious
activity which violate Turkmenistan’s international human rights
commitments – particularly to end the ban on unregistered religious
activity – comes as religious believers face continuing raids, pressure and
interference by the government. It is all but impossible for communities
that want to receive state registration to get it (see below).
Path of Faith Baptist church in the northern town of Dashoguz [Dashhowuz]
and Peace to the World Pentecostal church in the south-eastern town of Mary
have faced recent raids and threats by Police and religious affairs
officials (see F18News 1 February 2010
< e_id=1401>).
Religious believers are among many Turkmen citizens on the country’s exit
blacklist, while religious communities have been denied permission to
invite foreigners for religious purposes. Even the 188 Muslims allowed
annually to travel on the haj pilgrimage to Mecca (out of a reported quota
of 5,000) were banned from travelling in 2009. Religious literature is
routinely confiscated from travellers arriving in Turkmenistan and often
destroyed (see F18News 2 February 2010
< e_id=1403>).
Conscientious objectors to compulsory military service continue to be
imprisoned (see F18News 3 February 2010
< e_id=1404>).
Government "reform" claims
The government claimed in its 11 January 2010 report to the UN Human Rights
Committee under the International Covenant on Civil and Political Rights
(ICCPR) that "a process of reform of national legislation, including on the
Religion Law" is now underway (see report CCPR/C/TKM1 at
< cs_future.htm>). It said (in
Paragraph 589) that with the help of USAID and the International Center for
Not-for-Profit Law (ICNL) an analysis of international practice on
legislating on religion was underway and a series of seminars are to be
held. After this recommendations of any changes to the Law would be drawn
up.
The government report also claimed that recommendations on improving the
Religion Law and the registration system by UN Special Rapporteur on
Freedom of Religion or Belief, Asma Jahangir, in the wake of her September
2008 visit to Turkmenistan were being studied.
Although the ICNL submitted its analysis to the National Institute in July
2008 while Jahangir published her report and recommendations in January
2009, the Turkmen government report to the UN Human Rights Committee gives
no explanation of why no progress has yet been made.
Why the delay on legal changes?
Although Atajanova of the National Institute agreed that the proposed
Religion Law was one of the priority laws, "we were working on the NGO Law
first". However, she then conceded that the NGO Law has not been adopted
either and is unlikely to be adopted soon. "During the first quarter of the
year we will hand over the NGO Law to the Mejlis [parliament]," she told
Forum 18. "Our National Institute has given its recommendations which will
be handed over to the Inter-agency group soon."
Atajanova told Forum 18 that only when work on the NGO Law is complete will
the National Institute start to work on the proposed new Religion Law.
Asked why there has been such delay, she pointed out that UN Special
Rapporteur Jahangir had visited Turkmenistan and made her recommendations.
Asked why Turkmenistan has not enacted any of Jahangir’s recommendations,
given that she had visited in September 2008 and issued her report and
recommendations in January 2009, Atajanova responded that the National
Institute had been concentrating on the NGO Law.
Civil society activists in Ashgabad told Forum 18 in early February that
none of them has seen even the draft NGO Law text, let alone any proposals
for a new Religion Law.
Atajanova pointed out that plans are underway to hold a "first, initial
seminar" in Ashgabad at the end of February or early March as the start of
the process to adopt the new Religion Law. However, she stressed that the
seminar will not discuss any draft text as no work on it has yet begun and
will merely examine the practice of other states in legislation on
religion. "We will then discuss recommendations from the seminar as to what
changes will be put forward," she told Forum 18.
Atajanova had put the phone down before Forum 18 could ask why her National
Institute had not saved time by using for example the Guidelines for Review
of Legislation Pertaining to Religion or Belief, produced in 2004 by the
Organisation for Security and Co-operation in Europe (OSCE) and the Council
of Europe’s Venice Commission.
No progress on registration
The lack of progress on amending the Religion Law is paralleled by a lack
of progress in registering religious organisations that wish to gain legal
status. The government’s report to the UN Human Rights Committee admits in
Paragraph 587 that only 123 religious communities currently have
registration, a far lower figure than officials have previously given. It
says 100 of them are Muslim, 13 are Russian Orthodox and 10 of other
faiths.
Shia Muslims, the Armenian Apostolic Church, the Catholic Church,
Protestant and Jehovah’s Witnesses are known to Forum 18 to have had
applications rejected or to have decided that they should not submit
applications because of the tight restrictions imposed.
The government report to the UN reveals that no non-Muslim communities have
been granted registration since September 2007, when the Source of Life
Protestant church was registered. It mentions the registration of the main
mosque in Mary Region in May 2009, implying that no mosques have been
registered since then.
The government’s report also notes that the Adalat (Justice) Ministry "is
studying the materials of a further four religious communities which have
expressed the desire to register" without explaining why they have not been
given state registration.
One of the communities that has applied for registration is Path of Faith
church in Dashoguz, an independent Turkmen-speaking Baptist congregation.
It lodged its application back in 2005. "We don’t understand why they won’t
do it," church members told Forum 18 on 25 January. "The Adalat Ministry
finally said they would register us in January 2009 and that a commission
would come here to Dashoguz to examine our documents. But nothing has
happened."
The Path of Faith church was raided by police and religious affairs
officials during Sunday worship in December 2009. Officials, who questioned
church members and confiscated their literature, told them meeting for
worship without registration is illegal (see F18News 1 February 2010
< e_id=1401>).
Another community which has been unable to gain registration is Peace to
the World Protestant church in Mary. "We went to the Adalat Ministry in
Ashgabad on 4 February 2007," the church’s pastor Ilmurad Nurliev told
Forum 18 on 25 January. "We corrected all the mistakes they told us to
correct and there are now no mistakes." He said Kumish Gurbanniyazova, the
head of the Adalat Ministry’s department that registers religious
communities, had written in November 2009 to say the application is being
considered. "We don’t understand why our church has not been registered."
Members of Peace to the World Church have been interrogated and pressured
by the local Ministry of State Security (MSS) secret police (see F18News 1
February 2010 < 1401>). Pastor
Nurliev has been on Turkmenistan’s exit blacklist since October 2007 (see
F18News 2 February 2010
< e_id=1403>).
The woman who answered Gurbanniyazova’s telephone on 12 February, who
refused to identify herself, told Forum 18 that it was a wrong number.
However, she then referred Forum 18 to Maral Bayramova in the department.
Bayramova told Forum 18 that she was not informed about registration of
religious communities and said she would have to consult Gurbanniyazova.
Government report admits restrictions
Although the government report blandly assures the UN Human Rights
Committee that religious freedom is guaranteed in Turkmenistan, it also
makes clear that restrictions abound.
"The activity of unregistered religious organisations is banned," Paragraph
577 states. "An individual carrying out religious activity in the name of
an unregistered religious organisation bears responsibility in accordance
with the Law of Turkmenistan."
Paragraph 573 declares: "Teaching of religion privately is banned and is
subject to responsibility in accordance with the procedure established by
the Law of Turkmenistan." (END)
For a personal commentary by a Protestant within Turkmenistan, on the
fiction – despite government claims – of religious freedom in the country,
and how religious communities and the international community should
respond to this, see < 728>.
For a personal commentary by another Turkmen Protestant, arguing that
"without freedom to meet for worship it is impossible to claim that we have
freedom of religion or belief," see
< _id=1128>.
More reports on freedom of thought, conscience and belief in Turkmenistan
can be found at
< mp;religion=all&country=32>.
For more background information see Forum 18’s religious freedom survey of
Turkmenistan at < 1167>.
A compilation of Organisation for Security and Co-operation in Europe
(OSCE) freedom of religion or belief commitments can be found at
< id=1351>.
A printer-friendly map of Turkmenistan is available at
< s/atlas/index.html?Parent=asia&Rootmap=turkme& gt;.
(END)
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