A
Global Review of the Denial of Religious Freedom |
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Summer 2002
Belarus
(Update:
At 31 October 2002, President Aleksandr Lukashenko signed
the repressive new religion law detailed below. This action
followed last-minute approval by the lower house of parliament
in late June and the upper house on 2 October.)
In
late June, and despite last-minute legislative manoeuvres,
the Parliament of Belarus failed to pass a controversial religion
law which, if passed and signed, would have been considered
among the most restrictive religion laws in the former Soviet
republic. This law is expected to be taken up again by the
Parliament's upper chamber when the session resumes in the
fall.
The Associated Press reported that a coalition of religious
minorities had been calling for more public discussion of
the issues arising from this legislation and said that "the
bill would strengthen the dominant position of the Russian
Orthodox Church at the expense of other faiths." According
to this same report, the proposed law would "ban organised
prayer except by registered religious communities of at least
20 Belarusian citizens" and would "also prohibit
religions that have existed in the country less than 20 years
from publishing literature or setting up missions." The
Russian Orthodox Church largely supports the legislation,
reportedly because of concerns that other religions are seeking
converts among those whom historically would have belonged
to the Orthodox faith. In a report from Keston News Service,
a spokesman for the Orthodox Church claimed that the 'traditional
faiths' were satisfied with the proposed law and that it was
being resisted primarily by 'neo-Protestants' and 'new religious
movements.'
In a separate, but related development in mid-August, police
in the Belarusian capital of Minsk arrested about a dozen
members of a Hindu group (members of the Shiva Society) who
were protesting alleged religious persecution. Subsequently,
a group of fifteen members of the Light of Kailish community
were found guilty of holding an unauthorised march and fined
a total of $3,000. A spokeswoman for the community noted that
Hinduism is considered a 'sect' in Belarus and is not registered,
whereas only five traditional religions can develop freely.
(Sources: Associated Press and Belarusian News Agency)
Burma
A recently-released 45-page report from the Karen Human
Rights Group chronicles the persecution of Muslims in
Burma. The report is based on interviews with Burmese Muslims
conducted between October 2001 and February 2002. While a
variety of human rights abuses are practised by the military
regime to a similar extent against Muslims and non-Muslims
alike, the Muslim community suffers from a more direct religious
persecution and denial of the rights of citizenship.
The
report states that the citizenship law "makes it impossible
for many Muslims to become citizens and receive national identity
cards. Without the identity cards, Muslims have a difficult
time travelling, getting an education or finding a job. Religious
restrictions have also been placed on Muslims. There is a
prohibition on the construction of new mosques and repairs
to existing ones are limited to the interiors only. Groups
of more than five Muslims have been prohibited from assembling
in cities and towns where anti-Muslim riots occurred." (The riots are a reference to a recent outbreak of anti-Muslim
violence, which took place in cities across Burma from February
to October 2001.) The report adds that successive Burmese
regimes have used general racist anti-Muslim feelings harboured
by many in the population to deflect attention from other
social and economic problems. One of the larger pogroms allegdly
launched by the military dictatorship took place against the
Rohingya Muslims of Rakhine State in 1991-92 when over 250,000
Muslims were displaced to Bangladesh. Rakhine State, in the
west of the country, has the largest Muslim population in
Burma.
Many
of Burma's Muslims have had ancestors in the country for hundreds
of years, while others arrived in the country during the British
colonial period. Burma's current citizenship laws, however, "limit the rights of citizenship to those who can prove
that their ancestors were resident in Burma prior to 1823." For several ethnic groups considered 'indigenous', this law
is not enforced. It is, however, often used to deny citizenship
to Muslims, ethnic Chinese, or other groups. For copies of
the full report, see: www.ibiblio.org/freeburma/humanrights/khrg/archive/khrg2002/khrg0202.html
Georgia
Human
rights groups and members of minority faiths have raised concerns
over the provisions of a new religion law currently being
prepared by the Justice Ministry in Georgia. As Keston
News Service notes, "Georgia is the only former Soviet
republic that has not so far adopted a law covering religion
and there is no system of registering religious communities
with the government." Though the latest draft law is
reportedly an improvement over previous versions, human rights
and minority religious groups have expressed concerns about
provisions still seen to be discriminatory. There is also
criticism that the government has not sought enough consultation
over the development of the draft law, with most input said
to have been sought from the Georgian Orthodox Church.
Some are questioning, however, why a religion law is being
developed at all when the problem of religious violence in
Georgia has not been sufficiently addressed. There have been
ongoing incidents of religious violence in the country over
the past several years. Recent incidents include an attack
on a Pentecostal home church in the Georgian capital of Tbilisi
in early July. As reported by the Keston Institute,
this attack was orchestrated by two Orthodox priests who led
a mob of some 30-40 people in bursting into the home, beating
people, and stealing literature. "In more than 100 incidents
in recent years," Keston reported, "Jehovah's
Witnesses, Baptists, Pentecostals and Catholics have been
subjected to violent physical attacks and arson. None of the
perpetrators has been sentenced, although many are well known,
despite repeated protests from minority faiths, local human
rights groups and international bodies." Many of the
attacks have been organised by Basili Mkalavishvili. Although
excommunicated from the Georgian church several years ago
and standing trial, he remains free due, in part, to ongoing
disruptions at court appearances.
Victims
of attacks by Orthodox clerics and religious extremists in
Georgia have now filed a total of over 30 cases with the European
Court of Human Rights. This joint application claims that
there has been a systematic refusal by the Georgian State
to prosecute those responsible, despite clear evidence of
criminal acts. Many cases have also been documented of policeman
turning a blind eye to the atrocities. In late May, a letter
was sent from 15 U.S. senators to Georgian President, Eduard
Shevardnadze. The text read "In the course of the past
two years, aggressive crowds have attacked representatives
of non-Orthodox societies, the police have not intervened
and have not tried to prevent disorders, and President Shevardnadze
and the authorities in Georgia have closed their eyes to the
unceasing violence." Largely due to such international
criticism, Shevardnadze has recently called for the development
of the law on religion referenced above. (Other Sources: Jehovah's
Witnesses Office and The New York Times.)
Romania
In
an open letter sent to Prime Minister Adrian Nastase in late
June, Romania's Eastern Rite (Greek) Catholic Church called
on the Parliament to 'urgently' adopt a solution that would
allow "for the return of (church) property abusively
confiscated and now in the hands of the state." The letter
echoes a similar, earlier appeal from Pope John Paul II for
the return of this real estate, which was confiscated by the
communists in 1948. The communists banned the Eastern Rite
Catholics as they professed loyalty to a 'foreign power,'
i.e. the pope. As reported by the Associated Press,
authorities seized almost 2,500 churches in 1948 and gave
them to the Orthodox church. While the ban against the Eastern
Rite Catholic church was lifted in 1989, official statistics
indicate that only 120 of these properties have been returned.
The matter of the restitution of this property remains a source
of tension between the Orthodox and Greek-Catholic communities
in Romania.
In
a response to the pope reported by the Associated Press,
Romania's President Ion Iliescu asserted that the state could
not interfere in restituting churches to the Catholic Church
and added that the matter was 'complicated' because the state
could not interfere in the 'church hierarchy.' In another
forum, Iliescu commented that only local worshipers could
decide the ownership of a church. Recent statistics indicate
that over 85% of Romania's population identify themselves
as Orthodox. As Catholics are now a small minority of the
population, the government feels that a complete restitution
of property would infringe upon the right to freedom of religion
for many believers.
In
an interview with Human Rights Without Frontiers, Romania's
State Secretary for Religious Affairs, Laurentiu Tanase, noted
that, prior to WWII, there were 1.5 million Greek-Catholic
believers for 16 million inhabitants. At the present time,
however, there are some 230,000 of these believers for 23
million inhabitants. Tanase
asserted that, in both time periods, there has been a Greek-Catholic
church for approximately every 600 believers.
Thailand
The
inaugural meeting of the World Council of Religious Leaders
was held in Bangkok, Thailand in mid-June and brought together
more than 100 representatives of Christian, Buddhist, Jewish,
Muslim, Hindu and other faiths. The effort is intended to
involve religious leaders more directly in resolving conflicts
and to become more actively engaged in peace building. The
idea to form a World Council of Religious Leaders was initially
raised at the Millennium World Peace Summit of Religious and
Spiritual Leaders, which took place at the United Nations
in August 2000. Topics being discussed at the Bangkok meeting
included not only the role of religion in diffusing world
tensions, but also poverty, development, and environmental
preservation.
Addressing
the conference, Israeli Chief Rabbi Israel Meir Lau acknowledged
that religion had caused many gulfs between nations, but added
that religion could 'also be a bridge.' He called on conference
participants to work together for freedom and peace and also
made a fervent appeal for dialogue between Israelis and Palestinians.
(Source: Associated Press)
United
States
In
a case which captured the attention of the nation this summer,
the U.S. 9th Circuit Court of Appeals in California found
the words 'under God' in the pledge of allegiance to be unconstitutional
because, they noted, the phrase amounted to a government endorsement
of religion in violation of the establishment clause requiring
a separation of church and state. As the initial decision
was rendered by a 3-judge panel, an appeal has been lodged
for the entire 9th Circuit to rehear the case. Based on the
storm of protest arising from this ruling, however, it expected
that the case will be appealed at the U.S. Supreme Court.
The Denver Post reported that "There has been
an outpouring of protest among religious leaders, politicians
and citizens about deleting the 'under God' phrase, which
was added to the pledge by Congress in 1954."
The
case led to a nation-wide debate about the meaning of the
establishment clause of the U.S. Constitution and about separation
of church and state more generally. Some religious organisations
such as the Unitarian Universalists (a member group of IARF),
noted that the original pledge of allegiance did not have
a religious reference and, in honour of America's increasing
pluralism and diversity, should not include this language.
Many other religious denominations across the U.S., however,
disagreed with this point of view and maintained that the
country was built on religious traditions that should be recognised.
The case was originally brought by an atheist who did not
want his daughter to have to listen to the pledge with religious
references. Legally, it was established some time ago that
students cannot be forced to say the pledge of allegiance
if they disagree with the words. (Other Sources: CNS News,
Scripps Howard News Service, Associated Press)
In
another legal battle reported by the Associated Press, the
U.S. Supreme Court ruled in mid June that missionaries, politicians,
and others have the right to knock on doors without seeking
initial permission from the authorities. The ruling struck
down a local law that required a permit for door-to-door soliciting
- a law meant to protect the elderly from being bothered at
home. By a vote of 8 to 1, the Court ruled that right to free
speech entitles a person to take a message directly to someone's
door. This ruling was seen as a victory for religious groups
such the Jehovah's Witnesses, who rely on such a door-to-door
approach in teaching others about their beliefs.
The
majority opinion of the Court stated, "It is offensive,
not only to the values protected by the First Amendment, but
to the very notion of a free society, that in the context
of everyday public discourse a citizen must first inform the
government of her desire to speak to her neighbours and then
obtain a permit to do so." The Court noted that posting
'No Solicitations' signs and/or refusing to engage in conversation
with canvassers was an option for those not wishing to be
disturbed.
Zarrin
Caldwell
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preface to all Global Reviews
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