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A Brief Historical and Legal Description of Religious Liberty
Russia does not draw upon a heritage of religious liberty from former imperial or communist rulers which would support former President Michael Gorbachev’s surprising April 1988 statement that he would “allow the church to carry out its activities without state interference” and draft “a new law on freedom of conscience [that would] reflect the interests of religious organizations.”1 Yet, as the Soviet Union began to crumble, the Russian Federation changed its historic policy repressing religious liberty. Gorbachev’s 1988 statement lead to the 1990 Religious Freedom Act, granting religious liberty. This was Russia’s first such legislation.2 In 1991, the Russian Federation declared itself independent from the U.S.S.R. after more than seven decades of Communist rule. In December 1993, Russians elected a new Parliament and approved a new constitution.
Religious repression, once rampant in the Soviet Union, has declined since the Federation’s independence. Once a counter-cultural influence, the Church has entered the mainstream. The Observer newspaper reports:
After 73 years of persecution, collaboration and suppression, the Russian Orthodox Church is enjoying a comeback . . . The old guardian of Russian traditions and Russians’ idea of themselves as a people entrusted with a Christian mission, the Church could usefully fill the aching vacuum produced by the collapse of Communist ideology.3Indeed, the State is allowing the Church to fill the ideological vacuum.
Orthodox believers, however, are saddened by the dissolution of the Soviet empire because they believe that, as Father Kurayev writes, “For 900 years the Russian idea was never national but Christian and imperial. Empire is not a dirty word, but a wonderful antidote to nationalism.”4 Many clergy feel that the Russian people identify themselves as Orthodox not as a matter of religion, but as a matter of national self-identification. In a 1992 survey, 47% of Russians described themselves as Orthodox believers. Of these, one tenth attend church regularly.5
Father Alexander Borisov, whose church was used as a printing shop for the last 30 years, terms the present mood “respect without a converted heart, but better than the hatred of the Communist era.”6 The Bishop of Istra even blessed newly appointed government offices for the December 1993 elections.7
Many believe that the Church is not acting independently, and that nationalist politicians such as Vladimir Zhirinovsky are exploiting supporters of the Orthodox Church.8 Half of the Russian Orthodox Church now supports nationalism and imperialism, lending credibility to political views [of politicians] such as Zhirinovsky.9 If Zhirinovsky gains power, however, religious tolerance may cease. The Voice of the Martyrs reported Zhirinovsky’s position: “Once in power, he will doom to extinction all churches except the Orthodox. He has already announced that other religions will be persecuted.”10
With or without Zhirinovsky, religious liberty is not as firmly ensconced in Russia as some prefer to believe. The Orthodox Church is seeking to fill the ideological void created by the destruction of communism in a uniquely pro-Russian manner often hostile to the intervention of foreigners. In April 1993, Russian Orthodox leaders complained to President Boris Yeltsin of “illegal activity of foreign churches and preachers.”11 According to the Emory International Law Review, local officials complain about the plethora of requests they receive from religious groups to purchase property and the general “disruption of family life and the infringement of parental rights purportedly caused by conduct of smaller, lesser known [religious] groups.”12
Constitutional Provisions and Legislation Relating to Religion
The first major law ensuring freedom of religion in Russia was passed on October 1, 1990. The Law on Freedom of Conscience and Religious Organizations not only guaranteed in broad terms the citizen’s right to freedom of conscience, but prohibited the state from “any direct or indirect limitation on the rights of a citizen or the establishment of any advantages for citizens” because of their religion.13 It declared “all denominations and religions are equal under the law.”14 The law further affirmed that there was to be no state religion, no state function assigned to religion, no state intervention in religious affairs, and no funding of organizations or activity associated with the “propaganda of atheism.”15 The law provides for the right of religious organizations to own property for their use, to maintain schools for the training of clergy, to engage in charitable and philanthropic activity, not to register with the government, to publish and disseminate religious literature, and to participate in public life but not in political parties, except for members of the clergy.”16
The law did not grant complete religious liberty. Although it abolished the Council of Religious Affairs, a government agency that directed religious activity, it gave the Council of People’s Deputies general control over religious affairs and refused to grant legal personhood to religious organizations.17
In April 1993, President Yeltsin “declared that the Russian government accepts full blame for abusing the Christian church during the Communist years and has apologized for it.”18
The Constitution of the Russian Federation was adopted on December 12, 1993. Provisions relating to religious freedom are as follows:
Article 14 (1): The Russian Federation shall be a secular state. No religion may be instituted as [a] state-sponsored or mandatory religion.(2): Religious associations shall be separated from the state, and shall be equal before the law.
Article 19 (2): The state shall guarantee the equality of rights and liberties regardless of sex, race, nationality, language . . . attitude to religion, convictions . . .
Article 28: Everyone shall be guaranteed the right to freedom of conscience, to freedom of religious worship, including the right to profess, individually or jointly with others, any religion, or to profess no religion, to freely choose, possess and disseminate religious or other beliefs, and to act in conformity with them.
Article 29 (1): Everyone shall have the right to freedom of thought and speech.
(2): Propaganda or campaigning [to incite] social, racial, national or religious hatred and strife is impermissible. The propaganda of social, racial, national, religious, or language superiority is forbidden.
(3): No one may be coerced into expressing one’s views and convictions or renouncing them.
(4): Everyone shall have the right to seek, get, transfer, produce and disseminate information by any lawful means. . . .
(5): The freedom of the mass media shall be guaranteed. Censorship shall be prohibited.19
In April 1993, Yeltsin established a government department to oversee religious affairs. The stated aim of the department is to provide religious communities with “concrete assistance” and “to regulate their activities.”20
Despite the 1990 law and constitutional provisions that protect religious liberty, the Supreme Soviet in July 1993 tried to pass a restrictive law amending the 1990 law protecting Freedom of Conscience.21 President Yeltsin, however, twice vetoed the 1993 Amended Law, which would have strengthened the Orthodox Church’s already preeminent place in Russia. “The law would have required all non-Russian organizations to register with the government before engaging in religious activity in Russia.”22 The bill if passed would have mandated further that “[f]oreign religious organizations, their representations or representatives, and persons who are not Russian Federation citizens, do not have the right to engage in missionary-religious, publishing, or advertising-propaganda activity on the territory of the Russian Federation.”23 Yeltsin opposed the bill on the grounds that it “contradict[ed] the present Russian Constitution and international legal agreements [and compromised] the right of individuals to enjoy freedom of conscience and religion in the territory of Russia, regardless of their possession of Russian citizenship.”24 On August 27, the Supreme Soviet changed the wording, softening the ban on foreign proselytizing, and passed it again. The Emory International Law Review argues:
While the August 27 Amendment does not totally dismantle the regime of religious freedom established by the 1990 Law, the changes reflect a clear effort to utilize the levers of state power to discriminate against noncitizens, to increase state control of religious organizations, and to restrict access of Russian citizens to religious orientations other than those already dominant in Russian society.25Yeltsin refrained from signing the bill before he dissolved Parliament in September. In December 1993, Russians elected more nationalists to Parliament, increasing the chances that Yeltsin will be forced to compromise on religious liberty.26 Human rights advocates and church-state scholars opposed the bill, stating that it is internally contradictory and further contradicted the Universal Declaration and the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Declaration of the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief and the Vienna Concluding Document.27
Recent Reported Cases of Religious Intolerance
FREEDOM OF RELIGION INCREASING. The U.S. Department of State reports, “Freedom of religion continued to expand in 1992, and the visibility of religion increased dramatically.”28 The report noted the broadcasting of religious services and religious programs on television, public advertising of religious services, the passing out of religious tracts in subways, and street evangelism as evidence of this expanding religious freedom.29 The report says, “the press extensively [covers] religious issues, including statements of religious leaders and Orthodox Church events.”30 Furthermore, the government allows missionaries from many world religions and lesser known sects to work and to open offices in Russia.31 Religious educational institutions have increased enrollment without interference.32 The government allows Russians to sell Bibles, icons, religious calendars, and memorabilia in street kiosks and in stores in major cities, placing no restrictions on the importation of religious materials.33
The Patriarch of the Russian Orthodox Church has claimed that the Church “seeks no role in politics” but instead serves “as a moral influence in Russian society.”34 In 1993, however, the Church defrocked Father Yakunin, a well-known human rights activist and opponent of proposed restrictions on minority churches, for “refusing to remove his name from a list of candidates running for Parliament.”35 Father Yakunin subsequently lost his bid for re-election. In early 1993, the Orthodox Church attempted to force International Russian Radio/TV to give up their two allotted time slots on Russian television, showing officials a letter from Russian Prime Minister Yegor Gaidar which requested that the station allot more time for the Church.36 The station’s spokesman argued that the letter demonstrated “political pressure [from the Orthodox church to] institute itself as the only legal religious body in Russia.”37
BUREAUCRATIC OBSTACLES. A 1990 Soviet law requires religious groups of 10 or more to register with local authorities.38 Some groups oppose the requirement and refuse to register, which prevents them from acquiring “juridical personhood,” receipt of public benefits such as access to the media, and the right to establish their own schools, to buy property and to engage in social work. Registration requirements most affect Protestants and the Russian Orthodox Free Church. The U.S. State Department reports, “The registration process is open to bureaucratic obstructionism, such as lost or delayed applications or denial of adequate facilities.”39 Harassment also occurs as Russian Orthodox believers in the northern Caucasus and the Russian Far East “preven[t] Pentecostals and other evangelical groups from meeting.”40
PERSECUTION OF MINORITY RELIGIOUS GROUPS. Human Rights World Watch 1993 states, “[t]he Union of Councils of Soviet Jews reported a rise in violence motivated by anti-Semitism in 1992.”41 In July 1992, anti-Semites desecrated a Jewish cultural club by burning sacred music and destroying musical instruments.42 Local police reportedly did not investigate the event.43 There have also been numerous reports of vigilante attacks on Jews in Uzbekistan.44 In April 1992, the police arrested an Uzbek boy for theft, beat and robbed him, threatened him with rape and abused him with anti-Semitic taunts.45 Also, three men reportedly broke into the home of a Jewish family in Chilanzar in February 1993, beat them and “coerced them into relinquishing 50,000 rubles with threats of violence and anti-Semitic slurs, such as ‘Why haven’t you left for Israel yet?’”46
Anti-Semitism manifests itself in various regions through vandalism and verbal attacks: anti-Semites defile Jewish cemeteries, desecrate synagogues, and break Jewish school windows. In the Spring of 1993, a group gathered in front of Moscow’s Choral Synagogue, shouted anti-Semitic slogans, and broke windows, as the police ignored calls for assistance.47 Later that year, police refused to aid a Jewish family regain whose Moscow apartment was taken over by “criminals” when the family was out of the country.48
The government, however, does not always ignore anti-Semitic behavior. When a Pravda newspaper published a spurious article linking Hasidism to satanic cults and blood ritual murders in April of 1993, the Russian Government called the article “destructive in its manner” and criticized it for inflaming “nationalist and religious dissension.”49 On December 30 [1993], fire destroyed one of Moscow’s three synagogues. The police suspect arson was the cause.50
Jews are not the only minority group in Russia that are persecuted. The U.S. Department of State reports, “Violent attacks against non-Muslims by Muslim believers in Chechnya were reported” in 1993.51 Also, conscientious objectors face prison if they refuse to serve in the military.”52
ENDNOTES
1 James E. Wood, Jr., “The Battle Over Religious Freedom in Russia.” Journal of Church and State Vol. 35, No. 3 (Summer 1993): 491.2 Gazette of the Congress of People’s Deputies of the R.S.F.S.R. and of the Supreme Soviet of the R.S.F.S.R., No. 21 (October 25, 1990): 240.
3 Victoria Clark, “Russia: Paranoia Looms in Russia’s Spirit.” Reuter Textline: Observer (January 9, 1994): LEXIS 17.
4 ibid.
5 “Russia: Russia’s Christian Soldiers Belie Weakness of the Church.” Guardian (June 14, 1994): LEXIS 20.
6 Clark, LEXIS 18.
7 ibid, LEXIS 17.
8 ibid, LEXIS 18.
9 ibid.
10 “Write Letters.” The Voice of the Martyrs: Servants of the Persecuted Church (July 1994): 2.
11 David Filipov, “Yeltsin Set to Enact New Churches Law.” Moscow Times (July 16, 1993): 5 in W. Cole Durham, et. al., “The Future of Religious Liberty in Russia.” Emory International Law Review vol. 8, no. 1 (Spring 1994), 7-8.
12 Durham, 8.
13 Wood, 492.
14 ibid.
15 ibid.
16 “Law on Freedom of Conscience and Religious Organizations,” full text in Journal of Church and State (Winter 1991): 192-201, here paraphrased in Wood, 492.
17 Aleksandr Shchipkov, “Attempts to Revive the Council for Religious Affairs in Russia.” Religion, State and Society vol. 21, nos. 2 & 4 (1993): 367.
18 Wood, 496.
19 Albert P. Blaustein, ed., Constitutions of the Countries of the World: The Russian Federation Supplement (Dobbs Ferry, NY: Oceana Publications, 1993) in W. Durham, 26-27.
20 “Russia.” News Network International: Special Edition (May 26, 1993): 4.
21 U.S. Department of State, Country Reports on Human Rights Practices for 1993 (United States Government Printing Office: Washington, D.C., 1994): 1029.
22 ibid.
23 Gammon & Grange, P.C., Nonprofit Alert (July 27, 1993): 1.
24 Durham, 10.
25 ibid, 3.
26 “Russia.” News Network International: Special Edition (December 21, 1993): 1.
27 For a discussion of the contradictions, see Durham 13-25.
28 U.S. Department of State, 1028.
29 ibid.
30 ibid.
31 ibid.
32 ibid.
33 ibid, 1029.
34 ibid, 1028.
35 “Russia.” News Network International: Special Edition (November 24, 1993): 1.
36 “Russia.” News Network International: Special Edition (February 26, 1993): 2.
37 ibid.
38 U.S. Department of State, Country Reports on Human Rights Practices for 1994 (United States Government Printing Office: Washington, D.C., 1995): 941.
39 ibid, 941-942.
40 U.S. Department of State (1993): 1029.
41 “Former Soviet Union.” Human Rights World Watch Report 1993: The Events of 1992 (New York: Human Rights Watch, Inc., 1992), 236.
42 ibid.
43 ibid.
44 ibid.
45 ibid.
46 ibid.
47 U.S. Department of State (1993): 1032.
48 ibid.
49 ibid.
50 ibid.
51 ibid, 1029.
52 ibid.
Source: Handbook on Religious Liberty Around the World, Pedro C. Moreno, Editor. Charlottesville, VA: The Rutherford Institute. This report is reprinted here by special arrangement with the Rutherford Institute and may not be reproduced or mirrored on another webside without written permission of the Rutherford Institute.
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