New comparative study focuses on religious liberty in OSCE countries (08/13/00)

New comparative study focuses on religious liberty in OSCE countries

WASHINGTON - At a briefing held on July 19 on Capitol Hill, the Commission on Security and Cooperation in Europe (Helsinki Commission) released an in-depth comparative study "Religious Liberty: The Legal Framework in Selected OSCE Countries," which was prepared by the Library of Congress Law Library at the request of the commission. The culmination of almost two years of research and documentation, the report examines laws and constitutional provisions with regard to religious liberty in 12 countries: Austria, France, Germany, Greece, the Netherlands, Poland, Russia, Turkey, Ukraine, the United Kingdom, the United States and Uzbekistan.

The project was initiated by agreement of the Organization for Security and Cooperation in Europe (OSCE) participating states to ensure that the laws, regulations, practices and policies of member-states conform with international law and OSCE provisions.

The results of the report were varied, and even surprising. Among its findings, the report documents "a frightening trend" in France to limit religious freedom, stating that the lower house of the French Parliament passed a law early this summer that creates a new crime - one of "mental manipulation" - and establishes civil and criminal penalties for activities by religious and philosophical groups that government officials deem unacceptable.

Greece had implemented a policy that requires religious affiliation to be listed on government-issued identity cards, but in reaction to pressure recently rescinded this policy.

According to the chairman of the Helsinki Commission, Rep. Christopher H. Smith (R-N.J.), religious liberty in Turkey remains in question, where "various raids on Protestant groups over the last year and the continuing conflict over the closure of a Greek Orthodox seminary ... indicate serious levels of discrimination in that country."

In Russia, though religious congregations that number in the tens of thousands are required to register, it is estimated that more than half do not, in part because of the onerous contradictory requirements of the 1997 Law on Freedom of Religion and Religious Organizations. The law, which created a great deal of notoriety when it was passed, gives considerable state preference to the Russian Orthodox Church.

According to a statement at the briefing by Dr. Peter Roudik, senior legal specialist at the Law Library, "except for the Chechen war, no other developments as the implementation of religious legislation appear to have raised in the last several years such serious questions about Russia's commitment to international human rights norms."

Ukraine, according to the report, has "met all its international obligations" regarding guarantees of religious freedom, but notes that implementation of guarantees can be inconsistent, to a large degree as a result of inexperience, pointing to some conflicts on regional levels between local political and religious leaders.

The report notes that "compared to the period 1992-1994, the state's attitude has significantly changed. Today Ukrainian authorities try to show an equal attitude towards various denominations. Ostensibly, the state does not promote any of them and does not interfere in their internal affairs. However, because of the uncertain and unstable state of political, economic and social affairs in Ukraine, and the generally restrictive attitudes towards non-traditional religions, it is impossible to predict the outcome of present efforts."

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