[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]
Presidential Documents
Federal Register / Vol. 63, No. 107 / Thursday, June 4, 1998 /
Presidential Documents
___________________________________________________________________
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