[Congressional Record Volume 150, Number 117 (Friday, September 24, 2004)]
[Extensions of Remarks]
[Page E1712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             GREATER REGULATION OF RELIGION IN KAZAKHSTAN?

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Friday, September 24, 2004

  Mr. SMITH of New Jersey. Mr. Speaker, as Chairman of the U.S. 
Helsinki Commission I am concerned about Kazakhstan's draft law on 
combating extremist activity, as the legislation could violate 
Kazakhstan's OSCE commitments on religious freedom and damage the 
country's positive reputation on religious tolerance and liberty. In 
President Nursultan Nazarbaev's address to the parliament on September 
1, he urged deputies to pass the bill while dismissing concerns about 
the further regulation of religion. Nevertheless, the text is 
problematic in several respects and would benefit from further 
refinement. Considering that Kazakhstan wishes to be the OSCE Chair-in-
Office in 2009, I urge Kazakhstan to seek the advice of the OSCE Panel 
of Experts on Religious Freedom or Belief, as President Nazarbaev 
wisely did two years ago regarding a proposed draft law on religion.
  Intended to combat terrorism, the draft law would criminalize 
membership in certain groups or the holding of certain beliefs, rather 
than combating actual criminal deeds. A critical portion of the law is 
also vague, as the text fails to define clearly the term ``extremism.'' 
The omission is glaring and will very likely lead to its 
misapplication. In addition, the draft uses the word ``religious'' ten 
times and links religion with an ill-defined understanding of 
``extremism.'' In the context of an anti-terrorism law, such a 
connection gives rise to concern, as these types of statutes can easily 
be misused against unpopular religious communities. The draft law would 
strengthen state control over religious activity by giving the State 
Agency for Work with Religious Associations the ability to monitor 
groups. From its observations, the State Agency can recommend the 
banning of a group for ``extremist activity,'' but again the text does 
not spell out what activities would qualify.
  Another problematic provision included in the draft concerns the 
foreign classification of a group as ``extremist,'' as the law will 
honor the classification by another country and ban their activity in 
Kazakhstan. This clause would in effect allow the long arm of a 
repressive government to outlaw a group in Kazakhstan, as well. I 
remember when a Moscow court labeled the Salvation Army as a 
``paramilitary'' organization; under this draft bill, Kazakhstan could 
follow this erroneous assertion and ban this well-respected 
humanitarian organization.

  Existing Kazakh law fully provides for the prosecution of criminal 
acts, so these new provisions are not only unnecessary but harmful. In 
fact, some articles of current law are too restrictive. For example, 
Article 375 of the Administrative Code, which requires the registration 
of religious groups, should be removed. I have received consistent 
reports since the promulgation of Article 375 of unregistered groups 
being penalized for legitimate activities and their facing civil and 
criminal sanctions. Considering the recurring misuse of civil 
regulations, I fear further abuse under the draft law.
  I understand that President Nazarbaev is concerned about the spread 
of extremism in his country, especially from ``radical'' Islamic 
groups. The President may be tempted to follow the actions of his 
neighbors, especially Uzbekistan, but I would advise him otherwise. The 
Uzbek Government has for years ruthlessly clamped down on pious Muslims 
suspected of being associated with Hizb ut-Tahrir. This reactionary and 
heavy-handed policy has proven counterproductive, antagonizing the 
devout Muslim population and leaving it receptive to other, radical 
voices. Instead of defeating terrorists, demanding legal requirements 
for religious practice and Uzbekistan's harsh responses have restricted 
the religious freedoms of the many peaceful Muslims and Christians 
wanting to practice their faith. Obviously, individuals involved in 
criminal activity in Kazakhstan should be punished. But, by banning 
entire groups, particularly independent mosques outside the control of 
the state-backed Muslim Spiritual Association, entire communities will 
be penalized. The result will be the inappropriate limiting of a 
fundamental freedom, while doing little to prevent criminal acts.
  In closing, the Congress of World and Traditional Religions convened 
by President Nazarbaev himself was successful in bringing together 
Christian, Muslim, Jewish, Buddhist and Hindu leaders to discuss 
tolerance and understanding. I fear that the draft law on extremism, if 
not amended, will sully Kazakhstan's reputation on religious tolerance 
by unduly limiting religious freedoms through the criminalization of 
certain memberships and beliefs as opposed to addressing real criminal 
activity.

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