I.R.L. EXPLAINS CONSEQUENCES OF MARTIAL LAW FOR FREEDOM OF RELIGIOUS CONFESSION IN UKRAINE
Institute of Religious Liberty, 27 November 2018
In connection with the introduction in Ukraine of martial law, there can be no restrictions of the constitutional right to freedom of worldview and religious confession provided by article 35 of the Ukrainian constitution.
This is stated in the order of the Ukrainian president of 26 November 2018, No. 393 "On introduction of martial law in Ukraine," which on the same day was confirmed by the Verkhovna Rada, adopting law No. 9338, the Institute of Religious Liberty (I.R.L.) reports.
"Each person has the right to freedom of worldview and religious confession. This right includes the freedom to profess any religion or not to profess any, to perform without hindrance individually or collectively religious worship and rituals, and to conduct religious activity" article 35 of the Ukrainian constitution guarantees.
At the same time, it is important to give attention to the fact that the exercise of the right to freedom of religious confession is often linked with other constitutional rights and liberties. In particular, the aforementioned order of the Ukrainian president for the period of martial law permits, if necessary, temporary restriction of the constitutional right of citizens to peaceful assembly, which includes religious street events or processions. In addition, religious leaders and believers may experience restrictions in the right to freedom of movement, and evangelistic or other activity on the territory where martial law is introduced may be affected.
Martial law has been introduced for a period of 30 days, from 14.00 of 26 November to 14.00 of 26 December 2018. However by the decision of the Verkhovna Rada, martial law does not extend to the entire territory of Ukraine but is introduced only in Vinnytsia, Luhansk, Nikolaevsk, Odessa, Sumi, Kharkov, Chernigov, Donetsk, Zaporozhe, and Kherson oblasts and the interior waters of Ukraine of the Azov-Kerch water area.
It should be noted that the right to freedom of worldview and religious confession according to part 2 of article 64 of the Ukrainian constitution is in the list of those constitutional rights and liberties that may experience certain restrictions in circumstances of a military or emergency situation, with a designation of the period in which these restrictions are in effect. However the order of the Ukrainian president introducing martial law does not mention the possibility of restriction of religious liberty.
At the same time, article 4 of the International Covenant of the United Nations on civil and political rights specifies that member states must guarantee the right to freedom of thought, conscience, and religion even during an emergency situation in a state while the life of the nation is under threat and is officially declared.
We recall that martial law was introduced because of another act of armed aggression on the part of Russia, which occurred on 25 November 2018 in the region of the Kerch Strait against ships of the Ukrainian navy, which had severe consequences and because of other aggressive actions by Russia in the Azov and Black seas threatening a widespread invasion into Ukraine by the armed forces of Russia, against the background of the Russian occupation of the autonomous republic of Crimea and parts of the Donetsk and Luhansk oblasts of Ukraine. (tr. by PDS, posted 27 November 2018)
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