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Russian religion law slightly amended

FEDERAL LAW OF THE RUSSIAN FEDERATION OF 23 JULY 2008
Rossiiskaia gazeta, 25 July 2008

On adopting changes in individual legislative acts of the Russian federation in connection with improving the exercise of the authority of the government of the Russian federation  [. . . .]

Article 48

To insert into the federal law of 26 September 1997, "On freedom of conscience and religious associations" the following changes:

1.  In point 8 of article 11 the words "government of the Russian federation" are replaced by the words "authorized federal executive agency."

2.  In article 13:

a. in point 3 the words "government of the Russian federation" are replaced by the words "authorized federal executive agency";

b. point 4 is stated in the following edition:

"4. In case of the adoption of a decision regarding the registration of the representation of a foreign religious organization, its representative is given information in the form established by an authorized federal executive agency."  (tr. by PDS, posted 31 July 2008)


[Translator's note: This is one article of a long law comprising 133 articles which changes the wording in about 130 laws in a way nearly identical to these changes to the religion law.  Here are the original points of the religion law that were amended by this law:

"Article 11. State registration of religious organizations . . .

"8. Application for state registration of a religious organization which is being created by a centralized religious organization or on the basis of confirmation provided by a centralized religious organization is reviewed within a period of one month from the day of submission of all documents stipulated by the present article. In other cases the registering agency has the right to extend the period of review of documents up to six months to conduct a state expert analysis by scholars of religion. The procedure for conducting a state expert analysis by scholars of religion is established by the government of the Russian federation. . . .

"Article 13. Representation of foreign religious organizations . . .

"3. The procedure for registration, opening, and closing of the representation of a foreign religious organization is established by the government of the Russian federation in accordance with the legislation of the Russian federation.

"4. In case of the adoption of a decision regarding the registration of the representation of a foreign religious organization, its representative is given information in the form established by the government of the Russian federation." ]


PRESIDENT OF RUSSIAN UNION OF EVANGELICAL CHRISTIANS-BAPTISTS YURY SIPKO:  "THE ADOPTION OF AMENDMENTS TO THE LAW 'ON FREEDOM OF CONSCIENCE AND RELIGIOUS ASSOCIATIONS' DOES NOT AROUSE ANY CONCERNS FOR ME"
Interview by Vladimir Oivin
Portal-credo.ru, 29 July 2008

Portal-credo.ru: Rossiiskaia gazeta published some recently adopted amendments to the law "On freedom of conscience and religious organizations," which we also published on our tape. Many visitors to our portal called attention to the formula that "the words 'government of the Russian federation' are replaced by the words 'authorized federal executive agency.'"  They took them as an indication of an intent to create an agency like the Council of Religious Affairs of the Council of Ministers of USSR. How justified are such speculations, from your point of view.

Yury Kirillovich Sipko:  I read through these amendments and they did not create in me such an impression. I take the insertion of the changes into this law as a rational correction in the procedures of the existing law "On freedom of conscience and religious organizations." The amendments deal with only two articles of the law which speak about conducting an expert analysis by scholars of religion at the time of registration of religious organizations. It is entirely justified that this should not be done directly by the federal government. Registration of religious associations is performed at the level of the component entities of the federation and the creation of an agency which will be authorized to conduct such an expert analysis should facilitate their registration. This is a worthy decision. They also deal with the registration of representations of foreign religious organizations, which are registered by the departments of justice in the provinces. And the government creates such an agency and gives to it the necessary authorization. This will speed up the process of registration, because in each component entity of the federation will be created a representative authorized agency for conducting such an expert analysis. So the adoption of the amendmenst to the law "On freedom of conscience and religious associations" does not arouse any concerns for me.

--There is now being created a federal list of so-called extremist literature, which is aggressively being conducted in the provinces by decisions of regional courts. On 2 June it already enumerated 151 titles. For the most part this is Muslim literature. At the same time, the decisions of such courts take on federal significance and should be applied throughout the whole territory of Russia. Do you think that it is necessary to create a federal expert agency which would conduct the expert analysis of literature subject to prohibition as extremist?

--I think that the process we are going through is inevitable. It is a process in development and growth, and of appropriation of skills and means. The subject of extremism is still not mastered well. No single agency will now be able to gave an exhaustive list of extremist literature. It is always debatable and subjective. So that local courts have sometimes given, and will give, decisions that are not entirely valid. But for this there are courts of higher instance. One way or another truth is engendered by debate. In this area one must not be weak so that the development of extremism is permitted, but one must not close one's eyes to the fact there may be mistakes. In its time the BibleÑfor me the most valuable bookÑwas forbidden in the Soviet Union. But the time came, and today it is quoted openly and respectfully by everybody; both representatives of the government and the secular intelligentsia, and, of course, believers. I am sure that everything will be worked out.

--That means, you do not consider it necessary to create a general federal expert council on this problem? I'll give an example. Right away the Buguruslan court of Orenburg province make 15 such decision. Now really is it possible to conduct a sufficiently qualified expert analysis of these book in Buguruslan?

--This process is in development. The decision of a provincial court can be corrected by the Supreme Court of RF. On the other hand, I am not prepared to assess the level of local courts and component entities of the federation so negatively and to claim that they are doomed to make mistakes and cannot make objective decision. Both in Buturslan and in Khabarovsk, for example, courts can make suspended decisions. They can bring in worthy and respected people on the federal level for expert analysis. Even the Supreme Court is not guaranteed against mistakes. In this process there must be openness and debate. It is not necessary to build up tension. Simply in the religious sphere there should be special tact and respect for all representatives of religious movements which will create in the country a climate of tolerance and mutual understanding.

--Returning to the first question. Would it be worthwhile today to create some kind of state agency like the notorious Council for Religious Affairs?

--My opinion is that such an agency is not necessary.  All such agencies are superfluous. They only complicate the situation and never facilitate its solution. We should become law abiding citizens, and relate to the law at every level with respect, and they we will fulfill what the president talked about: we will be able to overcome legal nihilism and become a law-governed state. All committees and substructures tangle things up. And them instead of law there operates telephone justice and other privileges. I am sure that the scheme of administration existing todayÑthe legislative and executive and judicial authorityÑis harmonious; if they will follow the constitution and treat the law and citizens as sacred, they everything will come to a normal condition. (tr. by PDS, posted 31 July 2008)

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Moscow authorities accommodate Baptists despite conflicting signals

RUSSIAN BAPTISTS AND AUTHORITIES OF ISTRA REACH AGREEMENT REGARDING CONDUCTING CONGRESS PREVIOUSLY PROHIBITTED IN SUBURBAN MOSCOW CAMP
Portal-credo.ru, 31July 2008

The Russian Union of Evangelical Christians-Baptists [RSEKhB] announced that they were able to reach agreement with municipal authorities with regard to holding an Allrussian Baptist "Tramsformation" congress on the territory of the "Rucheek" ["Little Creek"] health camp near Istra, Interfax-religiia reports.

"At the present time all disputed questions have been fixed and the administration of the Istra region has met us with great understanding," the director of the Department of External Church Relations of RSEKhB, Vitaly Vlasenko, told an "Interfax-religiia" correspondent on Thursday, 31 July.

Earlier the administration of Istra region refused to let the Baptists hold the congress, stating that "Rucheek" has a capacity of 300 persons, maximum, while nearly ten times that number planned to come to the RSEKhB event.

However, V. Vlasenko noted that the leadership of the union took measures for resolving this problem, guaranteeing additional tents for the camp. He said that during the congress all necessary sanitary and hygienic standards and security measures will be observed. In addition, Vlasenko noted, there will be much fewer than 3,000 persons attending the congress.

The agency's interlocutor also thinks that the theme of the congress devoted to the spiritual and moral training of youth influenced the authorities' positive solution.

"We want to stimulate our young leaders to be good citizens and good husbands and wives, and to raise their children wisely in the spirit of the gospel. And our authorities today also are concerned that the rising generation be raised in a spirit of morality and that in the country not only will the economy work out but that the moral structures will also be strong," Vlasenko noted.

He expressed thanks to the authorities of Istra region and Moscow province for their understanding and readiness for dialogue.

The Allrussian Baptist "Transformation" congress will begin its work on Thursday, 31 July, in the evening, and continue to 4 August. (tr. by PDS, posted 31 July 2008)

Newspaper report from earlier in the day

"LITTLE CREEK' DRIES UP.
Baptists of Russia prevented from conducting meeting on territory of summer camp near Moscow
Novye izvestiia, 31 July 2008

Today in Istra region of Moscow province was supposed to be the opening of the "Transformation-2008" congress of the Russian Union of Evangelical Christians-Baptists (RSEKhB). Although in the previous two years such events came off without any misunderstandings, this time the leadership of RSEKhB was confronted with the threat to interrupt the event. The provincial administration declared that the territory on which the 3,000 congress participants would stay would not accommodate such a number of people. In their turn, representatives of law enforcements agencies warned that in the event the Baptists still assembled, "various conflicts and uncontrollable situations may arise."

The Russian Union of Evangelical Christians-Baptists is the largest Baptist organization in our country; it was created in 1945 and today numbers about 80,000 members. In the Soviet Union, Baptists, like representatives of other Christian confessions also, were subjected to repressions, many of them perished in the camps, punitive measures were taken against them such as forced admission to psychiatric hospitals and illegal suspension of parental rights. Today nothing of the sort happens, although the inertia of attitudes towards Baptists from time to time lets itself be known.

Young members of RSEKhB were supposed to meet at the beginning of August at the Allrussian "Transformation" congress. The wide-ranging program, scheduled for five days, includes group prayers and worship, discussion, and creative festivals and concerts.

However, yesterday it became known that the administration of Istra region of Moscow province had refused permission for the "Transformationists" to meet on the territory of the private "Rucheek" ["Little Creek"] children's camp citing as a reason that the territory of the camp can accommodate a maximum of 300, but no way could it accommodate three thousand persons. "It is not clear how they intend to accommodate all the participants. The camp was checked by special services and it is not suitable for such a quantity of people," the administration explained. In addition, suburban Moscow law enforcement agencies declared that in the event the congress was conducted, "various conflicts and uncontrollable situations may arise."

This news evoked surprise in the leadership of RSEKhB. "I think such concerns require sufficient reasons," the chairman of the congress' organizing committee, vice-president of RSEKhB Ruvim Voloshin told "NI." "We completed all the necessary documents and all approvals were given. It would have been better if the 'special services' of which the bureaucrats speak had met with us in order to allay fears. It is also surprising that the provincial administration is forbidding the congress; according to law we do not have to receive permission for this. Incidentally, last week we unexpectedly received the suggestion to conduct the meeting in another place and at another time, but, as we understand, we simply could not get the 'postponement' to the participants. One has to think that behind all of this there is not some premonition about disorders but somebody's prejudicial attitude toward us."

In the opinion of the director of the Institute of Religion and Law, Anatoly Pchelintsev, in speaking about "conflicts and uncontrollable situations" police officers displayed their unprofessionalism and helplessness. "I have a copy of a letter from the head of Istra region in which it is said that the Baptist congress violated the federal law 'On assemblies, meetings, demonstrations, processions, and pickets.' But what is this? Events like those that the Baptists intend to conduct are guaranteed by the law 'On freedom of conscience.' And according to it, agencies of executive power do not have the right to interfere in the internal affairs of societies. . . . And such actions of bureaucrats not only discredit the government but also provoke conflicts. Although I am convinced that Baptists, who are extremely law abiding, would not permit this." (tr. by PDS, posted 2 August 2008)

Russian original posted on Portal-credo.ru site, 31 July 2008

Explanation from Baptists

LIGHTS ON LOW BUT SPIRITS ON HIGH
National Russian Baptist Congress on Schedule as Planned

Press release from Department for External Church Relations of the Russian Union of Evangelical Christians-Baptists, 2 August 2008

 Only several hours after a local ban had apparently been overturned, the ÒRussian Union of Evangelical Christians-BaptistsÓÕ (RUECB) biannual national congress, ÒTransformation 2008Ó, began on schedule on the evening of 31 July. This third national congress is taking place at the ÒLittle CreekÓ (Rucheyek) childrenÕs camp near the village of Rumyantsevo 60 kilometres west of Moscow. The first full day of activity on 1 August was marked by incredible music, worship services, seminars, joyous reunions and frolicking crowds of children. Vitaly Vlasenko, the RUECBÕs Director for External Church Relations, stated at noon on 2 August: ÒPeople are overjoyed, the mood is terrific and the Holy Spirit is moving in an impressive way!Ó

Strong Protestant solidarity was evident from the outset: Both Pavel Okara, President of the Pentecostal "Russian Church of Christians of Evangelical Faith", and Sergey Ryahovski, the politically-active Bishop of the Charismatic "Associated Russian Union of Christians of Evangelical-Pentecostal Faith", spoke at the opening session. Duma member Sergey Popov, who had cordially hosted Baptist World Alliance (BWA) General-Secretary Neville Callam in mid-June, sent the opening assembly a word of greeting.

Things had looked bleak only a day before. On 29 July, the major ÒInterfaxÓ news service and Moscow radio had brought the headline that Ò3.000 Russian Baptists are intending to hold a conference at a childrenÕs camp despite its ban by regional authoritiesÓ. It added that the prohibition had already been in place for several months. The reason given was gross overcrowding Ð the camp has beds for no more than 350 persons. The ÒInterfaxÓ release closed with an ambiguous police warning that any attempt by Baptists to convene despite the ban could Òbring about various conflicts and uncontrollable situationsÓ.

Spirits hit a low mark on 30 July when RUECB headquarters in Moscow were mysteriously left without power and telephone service for most of the day. As late as the forenoon of the 31st, the paper ÒNovie IzvestiaÓ reported: ÒThe Little Creek has dried up.Ó The conferenceÕs government detractors have not taken their setback lightly. At 18,00 hrs on 1 August, a local decree banning the event as of 10,00 hrs the same morning was handed to congress leadership. Despite strong on-site cooperation between the congress and police, local officials have gone to some lengths to make the meeting as uncomfortable as possible for participants. Electrical power to the camp was cut off two hours before the opening on 31 July and is not to be restored until 4 August. The congress is surviving on emergency electrical power.

The Baptist Response

The two sides are quoting from differing laws. Detractors quote from the law ÒOn Assemblies, Meetings, Demonstrations, Processions and PicketingÓ. Yet RUECB-leadership remains adamant that the congress ÒTransformationÓ never had been officially forbidden. Citing the federal law ×On the Freedom of Conscience and Religious OrganisationsÒ from 26 September 1997, it has continually described the congress as an internal church event not requiring government sanction. Current law states that church officials must only inform state channels no less than 10 days prior to such events. The congress may well have a legal follow-up.

In final negotiations with regional authorities on 31 July, Vitaly Vlasenko cited the pedagogical gains which the congress will bring to its many youthful participants. The congress even has as it motto the words: ÒBe an example.Ó An increase in hygienic facilities and tent space for sleeping may also have encouraged the change-of-heart among some regional authorities. Slightly more than 2.000 persons are registered for the event. Initial national Baptist congresses had been held in Bryansk near the Belorussian border in 2004 and 2006 without political incident.

Outside observers are constantly confounded by the discrepancies apparent in Russian church-state relations. The BWA-delegation led by the Jamaican Neville Callam had been feted and celebrated by government representatives. Alexander Torshin from the ruling ×United RussiaÒ party had even suggested that Baptists help resettle the vast expanses of Russia. Yet on 25 July, the Public Prosecutor in the Moscow city district of Perov declared a congregation belonging to the Baptist-related ÒRussian Association of Independent Evangelical ChurchesÓ an extremist organisation. This places the 250-member congregation in danger of losing its registration.

Regarding the congress, Vlasenko explained: ÒThis is one more example of the constant collisions between local and federal authority. Local officials are not familiar with current federal law. Local politicians, especially those far from Moscow, may be more under the influence of local friends than of national legislation. We Baptists frequently visit federal officials here in Moscow. But regional authorities usually still give us a cold shoulder.Ó Citing historical repression of the Baptist movement by the Soviet government, the paper ÒNovie IzvestiaÓ assured: The serious repression of the past is gone for good, but Òthe inertia of bygone relations with the Baptists still resurfaces from time-to-timeÓ.

The ÒLittle CreekÓ childrenÕs camp, which once belonged to the Young Pioneers, is owned by the ×Association of Brethren ChurchesÒ (ABC). The ABC and the independent denomination mentioned above are members of the ÒPublic CouncilÓ, an umbrella organisation of Baptist-related denominations. This camp was also the setting for the founding conference of the Russian Evangelical Alliance with 150 participants in April 2003.

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Russian protestants fear signs of state actions against them

PROSECUTOR'S OFFICE ISSUES WARNING TO BAPTIST CHURCH "REGARDING IMPERMISSIBILITY OF EXTREMIST ACTIVITY"
Slavic Legal Center, 29 July 2008

Representatives of the prosecutor's office, without giving any explanation of the reasons, issued a warning to a Baptist church "regarding the impermissibility of doing extremist activity.

The Perov district prosecutor's office [in MoscowÑtr.] issued on 25 June a "Warning regarding impermissibility of doing extremist activity" sent to a pastor of the "Novogireevo" church of Evangelical Christians-Baptists (EKhB), Peter Sautov, the press service of the Slavic Legal Center reports. However the warning did not contain an indication of concrete violations of law committed by the church. The Novogireevo EKhB church was founded in 1991 and it is a member of the Russian Association of Independent Evangelical Churches; the congregation has more than 250 members.

As Pastor Peter Sautov noted in an interview with the press service of Slavic Legal Center, representatives of the prosecutor's office came to the church's house of worship for an inspection; they examined religious literature and asked to see the charter documents, which the ministers of the congregation presented to them. Officials of the prosecutor's office also visited other religious associations of Perov region although it was the Baptist church to which the warning was unexpectedly issued. Pastor Peter Sautov said that for such a warning to be issued there should be some kind of activity, but in this case the prosecutor's office just simply gave a warning about extremism for unknown reasons. As the pastor emphasized, after a second warning a church may be closed and deprived of its registration, which could happen as soon as tomorrow. "It would be possible to do this to any evangelical church, closing it on the quiet," Pastor Sautov noted.

Slavic Legal Center cochairman, the attorney Anatoly Pchelintsev, who represents the interests of the Novogireevo EKhB church, sent a letter to the Perov district prosecutor of the city of Moscow, R.A. Starostin, requesting that the warning sent to the pastor of the EKhB church be rescinded since it has no basis in law. The attorney's letter notes that a realistic basis for prosecutorial reaction is the order from the Russian prosecutor general of 28 November 2007, "On organizing prosecutorial supervision of fulfillment of legislation on combating extremist activity," and not a case of manifest violation of law or signs of extremism. According to Anatoly Pchelintsev, "Any such activity on the part of workers of the prosecutor's office, not based on the law, will not remain unnoticed and will disturb society and cause serious damage to the authority of the given office."

The letter to the prosecutor's office also says that "churches of Evangelical Christians-Baptists have always been distinguished by a high level of obedience to the law and conscientiousness of their ministers and active social service. . . . The current illegal warning is disturbing not only for the parishioners of Novogireevo church but also other churches. Since, in accordance with the cited law, a repeat of the issuing of a warning within a twelve month period will entail the liquidation of the religious organization by established procedure. Believers are really concerned that, as in the former soviet period, repressions with regard to believers of protestant confessions and religious discrimination are beginning on the part of prosecutors' offices."  (tr. by PDS, posted 31 July 2008)


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Patriarchs leave Ukraine with problems unresolved

UKRAINIAN PRESIDENT THANKS ECUMENICAL PATRIARCH FOR HIS SUPPORT OF THE IDEA OF A UNITED LOCAL CHURCH IN UKRAINE
Portal-credo.ru, 28 July 2008

"The historic visit by Ecumenical Patriarch Bartholomew to Ukraine is the beginning and an important push for unity of Ukrainian churches and believers. I am happy that the patriarch supports the aspirations of our people to have their own national local church," declared Ukrainian President Viktor Yushchenko, seeing off to Istanbul the high ranking guest on the evening of 27 July.

As the official web site of the head of the Ukrainian government reports, the president expressed the hope that from now on the efforts of Patriarch Bartholomew will turn out extremely fruitfully for the unification of Ukrainian believers and the maintenance of harmony in "world Orthodoxy."

The head of state once again expressed confidence that the aspirations of Ukrainians for a united, local, national church will be inexorably realized and this will happen in the foreseeable future. "The blessing of Patriarch Bartholomew, which he gave to our people, will facilitate this," the president said.

On his part, Bartholomew again assured the Ukrainian people that the Constantinople patriarchate welcomes the unifying tendencies in Ukrainian Orthodoxy.

"It is because we are representatives of the mother church that we are concerned for your prospects and your future. We are interested in a united Ukrainian church, since this is in the interest of Orthodoxy and the Ukrainian people are interested in this," the patriarch said.

At the same time he emphasized that the ecumenical patriarchate is "the guarantor of the unity of Orthodoxy."

The patriarch thanked the Ukrainian president for the invitation to make the visit, which gave to him the opportunity both to celebrate the 1020th anniversary of the Baptism of Kievan Rus and to become more closely acquainted with Ukraine. (tr. by PDS, posted 28 July 2008)


PATRIARCH ALEXIS' HASTY DEPARTURE FROM UKRAINE WAS SIGN OF PROTEST AGAINST "COLD RECEPTION" SAYS SOURCE IN PRESIDENTIAL SECRETARIAT
Portal-credo.ru, 28 July 2008

The motorcade of Moscow Patriarch Alexis II, accompanied by about 40 bishops of RPTsMP, drove in the evening of 28 July from the Kiev caves lavra to the Borispol international airport, from where the delegation of the Moscow patriarchate flew ahead of schedule to Moscow, a Portal-credo.ru correspondent reports.

The decision to cut short the patriarchal visit in Ukraine, which according to the previously published schedule was supposed to last until 30 July, was made finally at the time of the Divine Liturgy which Patriarch Alexis II served under the open sky on the square of the Kiev caves lavra in the morning of 28 July. It was expected that Ukrainian President Viktor Yushchenko would attend this liturgy and then conduct talks with the delegation of RPTsMP. However the head of the Ukrainian state, who was in Kiev at the time, did not attend the service and his secretariat gave no explanation for the president's action.

At the same time, as Portal-credo.ru has learned from a source in the secretariat of the president of Ukraine, persons from the patriarch's circle indicated that the head of RPTsMP was extremely offended by the demonstrative inattention of the Ukrainian authority to him personally. The level of the reception of Patriarch Alexis not only was significantly below the level of reception of Ecumenical Patriarch Bartholomew (who personally was met by and accompanied to the airport by the president and was feted by an honor guard of troops), but it also did not conform to the protocol of a regular trip by a head of RPTsMP to any diocese of the Moscow patriarchate. Despite the persistent demand of the Russian side, Ukrainian television refused to broadcast live Alexis' services.

As an official account of the hasty departure of the head of RPTsMP from Ukraine, representatives of the Moscow patriarchate pointed to the worsening condition of his health and the demands of his physicians. At the same time, the Ukrainian side knew that the security guard provided by Russian Federal Security Service for the patriarch also insisted on the departure, since the conditions for conducting worship services, from its point of view, did not meet the elementary requirements of security.

Patriarch Alexis II was expected in the Donets diocese of UPTsMP on 29 July, where an absolute majority of believers belong to the Moscow patriarchate and oppose the broadening of the independence of the Ukrainian church that the leadership of UPTsMP in Kiev has been carrying out. (tr. by PDS, posted 28 July 2008)


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