Kazakhstan Tier 2
Total Page：16
File Type：pdf, Size：1020Kb
KAZAKHSTAN TIER 2 KEY FINDINGS Amid a general crackdown on dissent and nonconformity, activity” and “religious teaching” to penalize a broader range during which even secular civil society activists have faced of expression; as of December 2017, additional amendments charges of terrorism, the Kazakh government continued to under consideration would further restrict religious freedom, commit serious violations of religious freedom in 2017. During including education for children, worshipping in private homes, the year, 20 individuals were sentenced to prison terms for and discussing religious beliefs. Throughout the year, dozens the peaceful expression of religious beliefs, including a Jeho- of Muslims and Christians were fined or detained for religious vah’s Witness and members of the Tabligh Jamaat Islamic observance or for the possession of religious literature. In an missionary movement. Government suspicion is aroused par- ominous echo of practices in the neighboring countries of ticularly by proselytism, connections to religious movements Russia and Uzbekistan, Kazakh authorities temporarily banned or institutions abroad, and criticism of or dissent from official Jehovah’s Witnesses and charged a religious prisoner due for religious policy. The country’s restrictive 2011 religion law bans release with new infractions. Based on these concerns, in 2018 unregistered religious activity and is enforced through police USCIRF again places Kazakhstan on its Tier 2 for engaging in raids, detentions, fines, and the closing of religious institu- or tolerating religious freedom violations that meet at least tions. In December 2016, amendments to this law increased one of the elements of the “systematic, ongoing, egregious” penalties and state controls of religious literature and foreign standard for designation as a “country of particular concern,” religious travel, and expanded the definitions of “missionary or CPC, under the International Religious Freedom Act (IRFA). RECOMMENDATIONS TO THE U.S. GOVERNMENT • Ensure that the U.S.-Kazakh Strategic observance and expression, in line • Apply the Global Magnitsky Human Partnership Dialogue and other bilat- with the recommendations of the Rights Accountability Act, Executive eral interactions prioritize discussion of United Nations (UN) Human Rights Order 13818, or other relevant tar- issues relating to freedom of religion Committee; geted tools, to deny U.S. visas to and or belief, including pressing the Kazakh • Provide an alternative to military ser- block the U.S. assets of specific officials government to: vice for conscientious objectors; and and agencies identified as responsible for violations of the right to freedom of • Refrain from imposing repressive • Agree to visits by the three Organi- religion or belief; practices similar to other neighbor- zation for Security and Cooperation ing countries that are recommended in Europe (OSCE) Personal Repre- • Ensure the U.S. Embassy, including by USCIRF for CPC designation; sentatives on Tolerance, set specific at the ambassadorial level, maintains • Desist from further restrictive dates, and provide the full and active contacts with religious freedom amendments to its laws that infringe necessary conditions for such visits. activists; and on religious freedom and instead • Press for at the highest levels and work • Ensure continued U.S. funding for bring those laws in line with Kazakh- to secure the unconditional release of Radio Azattyq, the Kazakh service of stan’s commitments to international prisoners of conscience, and press the Radio Free Europe/Radio Liberty (RFE/ human rights standards; Kazakh government to treat prisoners RL), so that uncensored information • Ensure that anti-extremism and humanely and allow them access to about events inside Kazakhstan, includ- counterterrorism campaigns do not family, human rights monitors, ade- ing those related to religious freedom, serve as a pretext for infringement quate medical care, and lawyers, and continues to be disseminated. on the right to peaceful religious the ability to practice their faith; USCIRF | ANNUAL REPORT 2018 TIER 2 TIER KAZAKHSTAN COUNTRY FACTS FULL NAME RELIGIOUS DEMOGRAPHY* Republic of Kazakhstan 70% Muslim (Sunni Hanafi) 26% Christian (including Orthodox, Protestants, Catholics, GOVERNMENT Jehovah’s Witnesses) Presidential Republic 3% Other (including Jews, Buddhists, Baha’is, Hare Krishnas) POPULATION 1% Non-Hanafi Muslim (including Shi’a and Sufi Muslims) 18,500,000 GOVERNMENT-RECOGNIZED RELIGIONS/FAITHS Sunni Hanafi Islam and Russian Orthodoxy *U.S. Department of State BACKGROUND and Orthodox Christianity.” Unfortunately, govern- Before its 2011 religion law was enacted, Kazakhstan ment practice suggests that other religions do not enjoy was one of the least repressive post-Soviet Central the same status. The government also funds “anti-sect Asian states with regard to freedom of religion or belief. centers” that function as quasi-nongovernmental The religion law, however, sets stringent registration organizations, publicly promoting intolerance against requirements with high membership thresholds, certain religious minorities. and bans or restricts unregistered religious activities, In 2016, Kazakhstan was marked by widespread including those relating to education, literature dis- popular unrest over land reforms, as well as by tribution, and training clergy. Other vague criminal two attacks on security forces that the government and administrative statutes enable the state to pun- attributed to Islamist fundamentalists, possibly as a ish most unauthorized religious or political activity. pretext for cracking down on civil society. In Septem- Religious groups are subject to police and secret ber 2016, a new government ministry, Religion and police surveillance. As a result of the law’s registration Civil Society, was formed; the Religious Affairs Com- requirements, the total number of registered religious mittee, which oversees official policies on religion, groups fell sharply after 2011, especially the number falls under its jurisdiction. Reflecting the official of “nontraditional” religious groups, which declined assumption that religion is above all a security issue, from 48 to 16. By 2013, only Muslim groups affiliated the chair of the Kazakh National Security Council was with the state-backed Muslim Board were registered. appointed to head the new ministry. In December Shi’a and Ahmadi Muslims were denied legal status, 2016, Kazakh President Nursultan Nazarbayev signed a as were mosques attended primarily by particular package of amendments into law increasing penalties ethnic groups. As it was during Soviet times, the 11,000 and state controls of religious literature and foreign members of the Union of Evangelical Christian Baptists religious travel. The definitions of “missionary activ- refuse—as a matter of conscience—to register. Catho- ity” and “religious teaching” were widened to penalize lic communities are exempt from registration due to a a broader range of individuals and activities involving government agreement with the Holy See. Although all religious expression. religions are officially equal under the religion law, its The articles of the Criminal Code most commonly preamble “recognizes the historical role of Hanafi Islam used to imprison religious believers are article 174, USCIRF | ANNUAL REPORT 2018 TIER 2 TIER KAZAKHSTAN which penalizes “incitation of social, national, clan, However, Christians in Kazakhstan also are subject to racial, class, or religious conflict,” and article 405, imprisonment for their beliefs. In 2017, the number of which punishes involvement in “extremist” move- Christian prisoners of conscience in Kazakhstan briefly ments banned by the court system. In July 2016, the UN increased to two; in May 2017, Jehovah’s Witness Teymur Human Rights Committee criticized the government Akhmedov, who suffers from cancer, started serving a of Kazakhstan for its use of article 174 and other overly five-year prison term under article 174 for sharing his broad laws to punish the peaceful exercise of freedom of beliefs with secret police informers posing as students. In religion or belief. In August 2016, the UN Human Rights October 2017, Seventh-day Adventist Yklas Kabduakasov Committee expressed concern that the “broad formula- was released from prison after completing a two-year tion” of the concept of extremism in Kazakh law “unduly sentence for discussing his faith. Two more Christians restrict[s]” religious freedom. were convicted on criminal charges in 2017 but received only “restricted freedom” sentences, which limit their RELIGIOUS FREEDOM CONDITIONS 2017 freedom of movement inside the country. Asaf Guliyev, Changes to the Laws another Jehovah’s Witness charged alongside Akhmedov, As of December 2017, additional amendments that would received five years of restricted freedom, while Baptist further restrict religious freedom were under final consider- Yuri Bekker was sentenced to one year of restricted free- ation by the Kazakh government. Particularly troubling are dom for refusing to pay a fine levied in September 2015 for amendments that would affect education for children, wor- distributing religious literature. In August 2017, the UN shipping in private homes, and discussing religious beliefs. Working Group on Arbitrary Detention called for Akhme- Among other things, the proposed amendments would fur- dov’s immediate release. ther restrict who may legally proselytize—already broadly Much more common were administrative