[Congressional Record Volume 149, Number 112 (Friday, July 25, 2003)]
[Extensions of Remarks]
[Page E1655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            CONTINUOUS RELIGIOUS FREEDOM CONCERNS IN ARMENIA

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                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                         Friday, July 25, 2003

  Mr. SMITH of New Jersey. Mr. Speaker, I rise in my capacity as 
Chairman of the Helsinki Commission to voice concern over Armenia's 
refusal to register select religious groups and the continuing 
harassment of certain religious communities, actions which violate 
Armenia's commitments to religious freedom as a participating State in 
the Organization for Security and Cooperation in Europe (OSCE). 
Honoring the commitments enshrined in the Helsinki Final Act and 
subsequent OSCE documents would ensure Armenia upholds the freedom of 
the individual to profess and practice religion or belief, alone or in 
community with others.
  With respect to registration, Armenian law requires all religious 
communities and organizations, other than the Armenian Apostolic 
Church, to register with the government. Obtaining registration is 
critical if a religious community wants to carry out basic functions, 
like renting property, publishing newspapers or magazines, broadcasting 
programs on television or radio, or officially sponsoring the visas of 
co-religionists or visitors.
  To acquire registration, a petitioning religious organization must 
obtain an ``expert opinion'' from the government, in which four 
questions from Article 14 of the Freedom of Conscience and Religious 
Organizations Act must be affirmatively answered: (1) Is the religion 
based on a historically canonized holy book? (2) Does its faith belong 
to a system of modern worldwide religious church communities? (3) Is it 
of a purely spiritual orientation, not created for the pursuit of 
material goals? (4) Does it have at least 200 believing members, not 
including minors? A negative finding by the government on any of the 
four questions will terminate the registration application.
  This type of approval system is extremely problematic, as it places 
the government in the role of determining what is or is not a religion, 
allowing it to make highly subjective decisions. For example, the 
government refuses to recognize the Jehovah's Witnesses as an official 
religion, despite having more than 6,000 Armenian members. Other small 
groups, including approximately 50 Baptist communities, are unable to 
pass the numerical threshold, so are not aualified to apply for 
registration. As a result these groups are indiscriminately denied 
basic rights enjoyed by those which have the government's stamp of 
approval.
  Last September, Prime Minister Andranik Markarian reportedly stated 
that the Armenian Government must curb the activities of minority 
religious communities, even if these actions violate Council of Europe 
obligations. Mr. Speaker, considering this type of bias, I urge the 
Government of Armenia to revamp the registration process to prevent 
arbitrary or politicized decisions. Abolishing the registration 
requirement and ensuring any system facilitates, rather than hampers, 
the free exercise of religious freedom for individuals and communities, 
by methodically granting legal status to groups which seek registration 
would help bring Armenian policy into conformity with OSCE commitments.
  Even more alarming is the Armenian Government's continued 
imprisonment of conscientious objectors, particularly from the 
Jehovah's Witnesses faith. According to the State Department's 2002 
Annual Report on International Religious Freedom for Armenia, military 
and civilian security officials subject Jehovah's Witnesses who refuse 
to serve in the military to harsh treatment, because their refusal is 
seen as a threat to Armenia's survival. One particular example is the 
case of Araik Bedjanyan, sentenced on July 2nd to 1\1/2\ years in a 
labor camp for refusing military service. Mr. Bedjanyan was sentenced 
under Article 75 of the criminal code, for ``evasion of active military 
service.'' There are currently 24 Jehovah's Witnesses serving sentences 
for being conscientious objectors on religious grounds. Suren Hakopyan 
and Artur Torosyan, whom police arrested in Yerevan on July 3, are 
currently awaiting trial along with six others for their refusal to 
serve in the military. Seven more Jehovah's Witnesses are reportedly 
under house arrest for the same ``crime.'' Despite Article 75 being 
replaced by Article 327 in the new criminal code, the amendment only 
reduces the potential sentence from three years to two.

  One of the conditions for Armenia's admission to the Council of 
Europe in January 2001 involved the adoption of a law on alternative 
military service conforming to European standards within three years. 
However, while drafts continue to circulate, no laws have been passed 
that provide for alternative civilian service outside the framework of 
the army. In the meantime, conscientious objectors continue to receive 
harsh sentences. Should the Armenian Parliament pass such a law, the 
service length should not be punitive in nature, but rather be 
comparable to military service requirements.
  As Chairman of the Helsinki Commission, I urge the Armenian 
Government to abide by its OSCE commitments regarding religious 
freedom. Armenia should overhaul its registration scheme, dropping the 
registration requirement, and liberalize its system for bestowing legal 
personality to religious communities and organizations. Furthermore, 
all Jehovah's Witnesses currently imprisoned for ``evasion of military 
service'' should be unconditionally freed, and a law in line with 
Council of Europe standards for alternative military service should be 
passed as soon as possible.

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