[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Presidential Documents]
[Pages 30365-30367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14991]


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  Federal Register / Vol. 63, No. 107 / Thursday, June 4, 1998 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 30365]]

                Presidential Determination No. 98-23 of May 23, 1998

                
Assistance Program for the Government of the 
                Russian
                Federation

                Memorandum for the Secretary of State

                Pursuant to section 577(a) of the Foreign Operations, 
                Export Financing, and Related Programs Appropriations 
                Act, 1998 (Public Law 105-118), I hereby determine and 
                certify that the Government of the Russian Federation 
                has implemented no statute, executive order, 
                regulation, or similar government action that would 
                discriminate, or would have as its principal effect 
                discrimination, against religious groups or religious 
                communities in the Russian Federation in violation of 
                accepted international agreements on human rights and 
                religious freedoms to which the Russian Federation is a 
                party. During the period under review, the Government 
                of Russia has applied the new Russian Law on Religion 
                in a manner that is not in conflict with its 
                international obligations on religious freedom. 
                However, this issue requires continued and close 
                monitoring as the Law on Religion furnishes regional 
                officials with an instrument that can be interpreted 
                and used to restrict the activities of religious 
                minorities.

                You are authorized and directed to notify the Congress 
                of this determination and to arrange for its 
                publication in the Federal Register.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, May 23, 1998.

[[Page 30366]]

                Memorandum of Justification Regarding Determination 
                Under Section 577(a) of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations Act, 
                1998 (Public Law 105-118)

                Summary: During the period under review, the Government 
                of Russia has applied the new Law on Religion in a 
                manner that is not in conflict with its international 
                obligations on religious freedom. To the extent that 
                violations of internationally recognized rights have 
                occurred, they have been the consequence of actions 
                taken by regional or local officials and do not appear 
                to be a manifestation of federal government policy.

                At the same time, the Law on Religion furnishes 
                regional officials with an instrument that can be 
                interpreted and used to restrict the activities of 
                religious minorities. Thus, this issue requires 
                continued and close monitoring.

                1. The New Law on Religion: On October 1, 1997, the 
                Russian Federation enacted a restrictive and 
                potentially discriminatory law ``On Freedom of 
                Conscience and Religious Associations'' (Law on 
                Religion). The new law is complex, with many ambiguous 
                and contradictory provisions.

                The law accords more favorable legal status and 
                privileges to religions that have been present in 
                Russia for an extended period of time. New religious 
                associations must wait 15 years before acquiring all of 
                the rights of a juridical person, such as the right to 
                own property and open a bank account, as well as the 
                right to engage in a range of religious activities. 
                Article 27(3) of the law is also controversial because 
                it applies certain aspects of the 15-year rule to 
                religious organizations that enjoyed full legal status 
                under prior legislation. Portions of the law appear 
                inconsistent with Russia's constitution and civil code 
                as well as its international commitments. Some Russian 
                officials had indicated that the implementing 
                regulations would clarify ambiguities, but the 
                regulations share the ambiguities of the law.

                2. Key Concern: Through its acceptance and accession to 
                international human rights instruments, the Government 
                of Russia has committed itself to respecting freedom of 
                association and assembly and, more specifically, 
                freedom of thought, conscience and religion, including 
                freedom to change religion or belief and freedom to 
                manifest religion or belief in worship, teaching, 
                practice and observance. The Law on Religion is of 
                great concern because it could be applied to restrict 
                the ability of communities of believers to establish 
                organizations with full legal rights.

                3. Application: Over the past year, Russian government 
                officials, including President Yeltsin and then-Prime 
                Minister Chernomyrdin, pledged to Vice President Gore 
                that the new law would not result in any erosion of 
                religious freedom in Russia. Officials in the 
                Presidential Administration and the Cabinet of 
                Ministers have echoed and clarified Yeltsin's promises. 
                In particular, the Ministry of Justice has adopted a 
                permissive approach to registering religious 
                organizations with full legal rights, effectively 
                bypassing elements of the 15-year rule. In addition, 
                Presidential Administration officials have announced 
                the establishment of two consultative mechanisms to 
                facilitate government interaction with religious 
                communities and to monitor application of the new law.

                The Presidential Administration and the Ministry of 
                Justice have also promised to support efforts now 
                underway by nongovernmental organizations to challenge 
                the constitutionality of the law's retroactive 
                provisions (article 27(3)) before the Constitutional 
                Court. Officials in these organs have indicated their 
                view that article 27(3) violates Russia's constitution.

                Despite the federal government's efforts, however, a 
                number of regional officials continue to violate rights 
                of minority religious organizations, in some cases 
                citing the new federal law. Based on anecdotal, limited 
                information we have to date, we are aware of about 25 
                cases of harassment between the date of enactment of 
                the Law on Religion and early May 1998.

[[Page 30367]]

                4. Evaluation: Local and regional abuses of religious 
                rights raise serious concerns, especially if the new 
                law is being used by some officials to justify such 
                actions. At the same time, reported incidents represent 
                a relatively small number of problems when viewed 
                against the size of the country and complexity of 
                political and social changes underway. Moreover, we 
                have no evidence to suggest that these local actions 
                result from a deliberate policy of the federal 
                government. Finally, these incidents are, 
                unfortunately, consistent with a pattern of local and 
                regional harassment and restrictions on minority 
                religious communities that was clearly discernible 
                prior to passage of the law.

                Regional and local abuses reflect a larger problem in 
                Russia--which is also evidenced in matters ranging from 
                tax collection to elections to law enforcement--of the 
                center exercising weak control over events throughout 
                the regions. We believe local officials have taken 
                advantage of a poorly developed legal tradition and 
                weak oversight to advance intolerant ideas at odds with 
                Russia's constitution and the flexible and fair 
                interpretation of the Law on Religion articulated by 
                the central authorities.

                Nevertheless, it remains to be seen how the Law on 
                Religion's restrictions will be interpreted in the 
                longer run, and whether the federal government will 
                respond appropriately over time to cases in which local 
                officials apply the law in a manner at odds with 
                Russia's international commitments. Given the political 
                commitments made and constitutional positions taken by 
                the central government, the fact that the implementing 
                regulations are only now making their way to regional 
                officials and the fact that federal officials are only 
                now establishing mechanisms for addressing differences 
                in interpretation, we believe that the relatively small 
                number of local incidents does not require a finding 
                that the ``Government of the Russian Federation'' has 
                implemented discriminatory measures. Similarly, we 
                believe it would be premature to conclude that the 
                law's restrictions, as implemented, constitute 
                violations of Russia's international obligations.

                5. U.S. Engagement: Freedom of conscience has been a 
                central element of the U.S. bilateral agenda with 
                Moscow since the early 1970's, and the Law on Religion 
                has been the subject of numerous high-level 
                communications between the Administration and the 
                Russian Government, involving the President, the Vice 
                President, Secretary Albright, and other senior U.S. 
                officials.

                The Department of State and the U.S. Embassy in Moscow 
                will continue to maintain close contact with religious 
                communities and NGOs to assess the effects of the new 
                law and solicit views on appropriate responses. In 
                addition, we will continue to make clear to the Russian 
                Government the requirements of Section 577(a) of the 
                Foreign Operations Appropriations Act for FY 1998 and 
                urge that the federal authorities both reverse 
                discriminatory actions taken at the local level and, 
                when necessary, reprimand the officials at fault. We 
                will also encourage federal action to ensure that 
                regional laws do not contradict Russia's constitutional 
                and international guarantees of religious freedom, and 
                continue to make clear our view that the federal law 
                should ultimately be changed so it cannot be used to 
                justify curtailing religious freedom in Russia.

[FR Doc. 98-14991
Filed 6-3-98; 8:45 am]
Billing code 4710-10-M