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Date: Tuesday 18 November 2003
Subj: Turkmenistan: religious minorities effectively banned.
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
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RELIGIOUS MINORITIES EFFECTIVELY BANNED
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It was back in 1999 that the Turkmenistan government declared its
intention to "strangle" minority faiths. All foreign Christians were
expelled and the persecution of national believers, especially
ethnic Turkmen, intensified intolerably.
While unregistered minority religious groups were not illegal,
members of unregistered groups were scorned, harassed and
persecuted, particularly by the National Security Committee
(security police - KNB, formerly KGB). Christians have been beaten,
tortured, had their homes confiscated and been driven into exile.
For all its boasting of freedom of belief, Turkmenistan severely
abuses religious liberty.
Turkmenistan has now replaced its highly repressive 1991 religion
law with an even more repressive version. The new religion law,
signed by President Niyazov on 21 October, came into effect on 10
November 2003. Unregistered religious activity is now officially
banned as illegal. Members of minority faiths (Baptists,
Pentecostals, Jews, Adventists etc), who have long been subject to
administrative punishments, are now vulnerable to criminal charges.
NEW RELIGION LAW
Article 8 of the new religion law states, as previously, that
registration with the Justice Ministry requires 500 adult citizens
living inside the country. This requirement is so restrictive that
only the Sunni Muslims and Russian Orthodox will be able to achieve
registration. Evangelicals that minister to ethnic Turkmen find it
doubly difficult to find the 500 members necessary for registration.
To protect ethnic Turkmen believers from persecution, and to protect
congregations that minister to ethnic Turkmen from harassment,
evangelical churches will often not list the names of ethnic Turkmen
on their rolls.
Article 11 states, "The activity of unregistered religious
organizations is banned. An individual carrying out activity in the
name of an unregistered religious organization bears responsibility
in accordance with the laws of Turkmenistan."
Article 14 gives the Justice Ministry the right to cancel a group's
registration on a wide range of bases, from "interference in family
relations leading to the breakdown of the family", to "violation of
social security and social order".
Article 15 requires all registered religious organizations receiving
money or other support from foreign donors to notify the Justice
Ministry.
Article 20 requires all religious literature imported by registered
religious organizations to be approved by the Gengeshi (Council) for
Religious Affairs.
Article 6 states, "The teaching of spiritual beliefs on a private
basis is banned and bears responsibility in the manner established
by the law of Turkmenistan."
CRIMINAL CODE AMENDED
The criminal code has been amended to provide punishments for those
breaking the law by engaging in unregistered religious activity.
According to Forum 18, "The new article 223 part 2 of the Criminal
Code, also signed by President Niyazov on 21 October, punishes
'violation of the law on religious organisations'. Those breaking
the law who have already been punished within the space of a year
under the Code of Administrative Offences 'are to be punished by a
fine of between ten and thirty average monthly wages, or corrective
labour for a term of up to one year, or deprivation of freedom for a
term of up to six months, with confiscation of illegally received
means.' Such criminal punishments could be imposed on those who lead
unregistered religious communities or those who teach religion in
such communities." (Link 1)
PRISON IN TURKMENISTAN
It is important to note here that Turkmenistan's prisons are
absolutely appalling. Turkmenistan is thought to have one of the
highest per-capita prison population rates in the world. Most
prisons are situated in the desert where the temperature can climb
to 55 degrees Celsius, and they usually house up to ten times the
number of inmates they were built to house. What's more, provisions
are supplied for only the number of inmates the prison was built to
hold.
Gulgeldy Annaniyazov, a former political prisoner (now living in
Europe), reported to Radio Free Europe/Radio Liberty last year (21
Nov 2002) that where he was imprisoned near Turkmenbashi City for
three and a half years, there were 8,000 inmates but only one water
faucet. "We had really no food to speak of in our prison. They gave
us food but first you had to clean the cockroaches and worms out of
it, then you could eat." Since Turkmenistan became independent in
1991 no monitoring group has been permitted to monitor prison
conditions.
We must never underestimate what prison means for a Turkmenistan
believer.
FREEDOM OF BELIEF?
Forum 18 quotes Murad Karryev, deputy head of the Gengeshi (Council)
for Religious Affairs, as saying during a half-hour television
programme on the new law on 7 November that there is "complete
freedom of belief for all sects and confessions" as long as they are
registered officially. "We do not intervene in the affairs of
religious sects and confessions if they are legally registered at
the Ministry of Justice."
While this statement is no doubt true, the repressive restrictions
make a mockery of religious freedom.
Joseph K. Grieboski, the President of the Institute on Religion and
Public Policy condemned the new religion law saying, "The passage of
this law uses quasi-democratic means to eliminate basic rights
ideally guaranteed by the state. The Government of Turkmenistan has
ignored its commitments to international agreements, flown in the
face of international norms, and ignored the basic rights due the
citizens of Turkmenistan." (Link 2)
SOCIETY UNDER PRESIDENTIAL SCRUTINY
Forum 18 reports, "Speaking on television on 22 October, Justice
Minister Taganmyrat Gochyev said tighter control of religious groups
and public organisations was needed to address security concerns."
Radio Free Europe/Radio Liberty adds, "Erika Dailey, director of the
Open Society Institute's Turkmenistan Project based in Budapest,
points out that 'the new religion law and criminal code amendment
are consistent with a larger government effort to bring Turkmen
society even further under its control.
"'It's worth noting,' Dailey told RFE/RL, 'that this new revised law
on religion and religious organizations in Turkmenistan was signed
into law at exactly the same time that a parallel law on NGOs, on
nongovernmental organizations, was also signed into law. And the
spirit of both new laws is very similar. It is to provide
administrative oversight headed by the president himself of
nongovernmental activities, whether they be religious or civic in
nature.'
"Dailey adds that it is likely not a coincidence that the laws came
into force in the days preceding the first anniversary of the 25
November alleged assassination attempt against Niyazov." (Link 3)
- Elizabeth Kendal
rl-research@crossnet.org.au
Links
1) New religion law defies international human rights agreements
By Felix Corley, Forum 18 News Service11 Nov 2003
http://www.forum18.org/Archive.php?article_id=180
2) Institute Condemns New Turkmenistan Religion Law
Washington, DC, November 11, 2003
http://www.religionandpolicy.org/show.php?p=1.1.885
3) Ashgabat Takes Further Steps To Suppress Religious Faiths
By Antoine Blua, Radio Free Europe/Radio Liberty 14 Nov 2003
http://www.rferl.org/nca/features/2003/11/14112003152539.asp
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Last Update: 4/4/2004; 9:43:55 AM
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