1 W- CONGRESS Printed for the use of the 2nd Session Commission on Security and Cooperation in Europe Religious Liberty: The Legal Framework in Selected OSCE Countries July 19, 2000 Briefing of thi Commission on Security and Cooperation in Europe WASHINGTON: 2001 ZjtI -I I COMMISSION ON SECURITY AND COOPERATION IN EUROPE 234 Ford House Office Building Washington, DC 20515-6460 (202) 225-1901 csceamail.house.gov http:/lwww.csce.gov LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE CHRISTOPHER H. SMITH, New Jersey BEN NIGHTHORSE CAMPBELL, Colorado Chairman Co-Chairman FRANK R. WOLF, Virgini& SPENCER ABRAHAM, Michigan MATT SALMON, Arizona KAY BAILEY HUTCHISON, Texas JAMES C. GREENWOOD, Pennsylvania SAM BROWNBACK, Kansas JOSEPH R. PITTS, Pennsylvania TIM HUTCHINSON, Arkansas STENY H. HOYER, Maryland FRANK R. LAUTENBERG, New Jersey BENJAMIN L. CARDIN, Maryland BOB GRAHAM, Florida LOUISE MCINTOSH SLAUGHTER. New York RUSSELL D. FEINGOLD, Wisconsin MICHAEL P. FORBES, New York CHRISTOPHER J. DODD, Connecticut EXEcUvVE BRANCH COMMISSIONERS HAROLD HONGJU KOH, Department of State EDWARD L. WARNER III, Department of Defense PATRICK A. MULLOY, Department of Commerce COMMISSION STAFF DOROTHY DOUGLAS TAFT, Chief of Staff RONALD J. McNAMARA, Deputy Chief of Staff BEN ANDERSON, Communications Director OREST DEYCHAKIWSKY, Staff Advisor JOHN F. FINERTY, Staff Advisor CHADWICK R. GORE, Staff Advisor ROBERT HAND, Staff Advisor JANICE HELWIG, Staff Advisor MARLENE KAUFMANN, Counsel KAREN S. LORD, Counsel for Freedom of Religion MICHELE MADASZ, Staff Assistant/Systems Administrator MICHAEL J. OCHS, Staff Advisor ERIKA B. SCHLAGER, Counsel for InternationalLaw MAUREEN T. WALSH, GeneralCounsel _ ii ABOUT THE ORGANIZATION (OSCE) The Conference on Security and Cooperation in Europe, also known as the Helsinki process, traces its origin to the signing of the Helsinki Final Act in Finland on August 1, 1975, by the leaders of 33 European countries, the United States and Canada. Since then, its membership has expanded to 55, reflecting the breakup of the Soviet Union, Czechoslova. kia, and Yugoslavia. (The Federal Republic of Yugoslavia, Serbia and Montenegro, has been suspended since 1992, leaving the number of countries fully participating at 54.) As of Janu- ary 1, 1995, the formal name of the Helsinki process was changed to the Organization for Security and Cooperation in Europe (OSCE). The OSCE is engaged in standard setting in fields including military security, economic and environmental cooperation, and huma-n rights and humanitarian concerns. In addition, it undertakes a variety of preventive diplomacy initiatives designed to prevent, manage and resolve conflict within and among the participating States. The OSCE has its main office in Vienna, Austria, where weekly meetings of permanent representatives are held. In addition, specialized seminars and meetings are convened in various locations and periodic consultations among Senior Officials, Ministers and Heads of State or Government are held. ABOUT THE COMMISSION (CSCE) The Commission on Security and Cooperation in Europe (CSCE), also known as the Helsinki Commission, is a U.S. Government agency created in 1976 to monitor and encour- age compliance with the agreements of the OSCE. The Commission consists of nine members from the U.S. House of Representatives, nine members from the-U.S. Senate, and one member each from the Departments of State, Defense and Commerce. The positions of Chair and Co-Chair are shared by the House and Senate and rotate every two years, when a new Congress convenes. A professional staff assists the Commissioners in their work. To fulfill its mandate, the Commission gathers and disseminates information on Hel- sinki-related topics both to the U.S. Congress and the public by convening hearings, issuing reports reflecting the views of the Commission and/or its staff, and providing information about the activities of the Helsinki process and events in OSCE participating States. At the same time, the Commission contributes its views to the general formulation of U.S. policy on the OSCE and takes part in its execution, including through Member and staff participation on U.S. Delegations to OSCE meetings as well as on certain OSCE bodies. Members of the Commission have regular contact with parliamentarians, government offi- cials, representatives of non-governmental organizations, and private individuals from OSCE participating States. iii RELIGIOUS LIBERTY: THE LEGAL FRAMEWORK IN SELECTED OSCE COUNTRIES JULY 19, 2000 PARTICIPANTS Page Hon. Christopher H. Smith, Chairman, Commission on Security and Cooperation in E u rop e ............................................................................................................................... I Dr. James Billington, Librarian of Congress ....................................................................... 2 David Sale, Director of Legal Research, Law Library of Congress .................................... 5 Dr. Peter L. Roudik, Senior Legal Specialist, Law Library of Congress .......................... 7 Nicole Atwill, Senior Legal Specialist for France, Law Library of Co n gress .............................................................................................................................. 11 Karel Wennink, Senior Legal Specialist for The Netherlands, Law Library of Con g ress .............................................................................................................................. 12 David Ackerman, Legislative Attorney, American Law Division, Congressional Research Service ..................................................................................... 13 E. Wayne Merry, Senior Associate, American Foreign Policy Council ....................... *....... 15 Note Text of the report prepared by the Library of Congress, entitled Religious Liberty: The Legal Framework in Selected OSCE CountrieA is available on the Commission's website at http://www.cse.gov. iv RELIGIOUS LIBERTY: THE LEGAL FRAMEWORK IN SELECTED OSCE COUNTRIES WEDNESDAY, JULY 19, 2000 COINDIISSION ON SECURITY AND COOPERATION IN EUROPE, WASHINGTON, DC The briefing was held at 10:00 a.m. in Room 340 of the Cannon House Office Building, Washington, DC, Hon. Christopher H. Smith, Chairman, presiding. Mr. SMITH. Good morning. I'm very happy to open today's briefing alongside my good friend, the Librarian of Congress, Dr. James Billington. hr. Billington and I traveled together when he led a delegation to Moscow to speak to the issue of religious freedom, especially after the Duma passed related legislation. I was so incredibly impressed not only by his knowledge of the country and his fluency in Russian, but by the fact that he was informing Duma members about their own history concerning reli- gious freedom and other issues as well. So it's always a great honor to be with Dr. Billington. The OSCE participating States have committed to ensure that their laws, regulations, practices and policies conform with their obligation and are brought into harmony with the provisions of the declaration on principles and other OSCE commitments and international law. In keeping with its mandate to monitor these commitments and considering the long. standing concerns over the status of religious liberty in the OSCE region, the Helsinki Com- mission requested, through the Congressional Research Service, that a study be conducted of legal systems in various OSCE States and the effect of these laws on religious liberty. We know of no other repository of such legal detail and focused analysis of laws. Twelve countries, including the United States, were selected for their diverse geographical, histori- cal and religious characteristics. The views expressed in the report represent the views of the individual researchers and do not necessarily reflect the views of the Helsinki Commission, the Congress or any individual Commissioner. It is our hope that this 2-year project will be a resource for governments, academics and religious groups in fostering a better understanding of the legal framework for religious liberty and in encouraging countries where restrictions exist to amend or abolish their restrictive laws and practices bringing them into conformity with their OSCE commit- ments. The issues raised in the report are timely. For example, last month the Lower House of the French Parliament passed a law creating a new crime of "mental manipulation" and establishing civil and criminal penalties for activities by religious or philosophical groups that government officials deem unacceptable. This is the latest French parliamentary action to threaten the religious liberty of French citizens. I have urged the French Parliament to abandon this course of action. 1 Regarding Greece, the Helsinki Commission and minority religious groups have been critical of Greece's policy of listing religion on national identity cards because it left minority religious groups in Greece vulnerable there and wherever they may travel on that card in the European Union. I commend the Greek Government's decision to abandon that policy in May. In Turkey, various raids on Protestant groups over the last year and the continuing closure of the Greek Orthodox seminary on the island of Halki suggest serious issues of religious discrimination in that country. The ramifications for these laws and governmental policies are broad, affecting people throughout the OSCE region and they're real and they're compelling. For instance, Austria's restrictive laws passed in December 1997