11.03.2008 - Source: US Department of State

Constitution provides for freedom of religion, and government generally respected this right in practice ("Country Report on Human Rights Practices 2007") [ID 22618]

For information on further cases, please see report.

"The constitution provides for freedom of religion, and the government generally respected this right in practice. Although the constitution provides for the equality of all religions before the law and the separation of church and state, the government did not always respect these provisions in practice. Conditions improved for some minority religious groups while remaining largely the same for most, and government policy continued to contribute to the generally free practice of religion for most of the population.

The ECHR ruled in October 2006 that the federal government's refusal to reregister the Moscow branch of the Salvation Army violated the right of assembly and freedom of religion of the organization. The government paid $14,600 (10,000 euros) in damages and legal fees to the Salvation Army. The Salvation Army had not applied to reregister and continued to operate in Moscow at year's end.

The Izhevsk branch of the Church of Scientology has disappeared from public view following years of authorities impeding their operations. Since these centers had not been in existence for 15 years, they were unable to register and could not perform religious services, although they were allowed to hold meetings and seminars. The LDS Church has not been able to register a local religious organization in Kazan, Tatarstan, despite numerous attempts since 1998. (…)"

Document(s): Open document

14.09.2007 - Source: US Department of State

Report on Religious Freedom 2007 ("International Religious Freedom Report 2007") [ID 21214]

Document(s): Open document

14.09.2007 - Source: US Department of State

Authorities rarely prosecuted or sentenced those arrested for attacks and vandalism against religious minorities ("International Religious Freedom Report 2007") [ID 21215]

"Although there are several laws addressing crimes motivated by ethnic or religious hatred, law enforcement agencies enforced these laws in an inconsistent, generally infrequent, and sometimes arbitrary manner. Authorities rarely prosecuted or sentenced those arrested for attacks and vandalism against religious minorities, and they often failed to bring hate-crime charges even when religious bigotry was clearly involved. Some government officials denied that there was a problem with hate crimes, or if they did exist, they were manifestations of economic ills. Some government officials and human rights observers noted that, due to heavy caseloads, prosecutors chose to file easily proven charges of vandalism or hooliganism rather than risk an acquittal on the harder-to-prove hate-crime motive. The end result was that hate crime legislation was often not enforced."

Document(s): Open document

06.2007 - Source: Freedom House

Regional authorities continue to harass nontraditional groups; Jehovah’s Witnesses and Mormons are among frequent targets; religious organizations fear that new law on NGOs will be used against them ("Freedom in the World 2007") [ID 20517]

"Freedom of religion is respected unevenly. A 1997 law on religion requires churches to prove that they have existed for at least 15 years before being permitted to register. As registration is necessary for a religious group to conduct many of its activities, new, independent congregations are consequently restricted in their functions. Orthodox Christianity increased its privileged status as public schools in four regions introduced courses on it into their curriculums in fall 2006, bringing the total number to 19 of the federation’s 86 regions. Regional authorities continue to harass nontraditional groups, with the Jehovah’s Witnesses and Mormons among the frequent targets. In a positive development, the recently appointed president of Kabardino-Balkaria, Arsen Kanokov, agreed to reopen mosques that had been closed by his predecessor. The earlier repression provided a backdrop of official religious intolerance to an October 2005 insurgent attack on official institutions in that republic. However, religious organizations fear that the new law on NGOs will be used against them."

Document(s): Open document

06.03.2007 - Source: US Department of State

Human rights groups and religious minority groups criticized federal prosecutor general for encouraging legal action against some minority religions; security services continued to treat leadership of some minority religions as security threats ("Country Report on Human Rights Practices 2006") [ID 20133]

"Various minority religious organizations encountered similar difficulties in obtaining or renovating property. The mayor's office in Krasnodar continued to deny the Muslim community's request to build a mosque in the city of Sochi, even though the organization's current rented premises barely accommodated the approximately 30 members who attended Friday prayers. The Muslim community in Kaliningrad has sought unsuccessfully since 1993 to obtain permission to construct a mosque.  Human rights groups and religious minority groups criticized the federal prosecutor general for encouraging legal action against some minority religions and for giving an official imprimatur to materials that were biased against Jehovah's Witnesses, the Latter Day Saints Church, and others. The FSB, the Office of the Prosecutor General, and other agencies conducted campaigns of harassment against some individual Muslims and members of some Protestant groups and newer religious movements. Security services continued to treat the leadership of some minority religions--especially Muslims, Roman Catholics, some Protestant denominations, and other groups--as security threats. Some religious groups were investigated for alleged criminal activity and violations of tax laws, landlords were pressured to abrogate contracts, and in some cases the security services were thought to have influenced the Ministry of Justice to reject registration applications. "

Document(s): Open document

14.11.2006 - Source: Forum 18

According to religious rights lawyer new NGO law could be selectively applied for those not liked by authorities; religious organisations must submit accounts of their activity annually ("Will NGO regulations restrict religious communities?") [ID 17715]

Document(s): Open document

14.11.2006 - Source: UK Home Office

Members of minority and 'non-traditional' religions continued to encounter prejudice, societal discrimination, and in some cases physical attacks ("Operational Guidance Note: Russian Federation") [ID 17973]

"While religious matters were not a source of societal hostility for most citizens, members of minority and ‘non-traditional’ religions continued to encounter prejudice, societal discrimination, and in some cases physical attacks. Conservative activists claiming ties to the Russian Orthodox Church (ROC) disseminated negative publications and staged demonstrations throughout the country against minority religions. The authorities usually investigated incidents of religious vandalism and violence, but arrests of suspects were extremely infrequent and convictions were rare. Relations between non-traditional religious organisations and traditional ones frequently were tense, particularly at the leadership level."

Document(s): Open document

14.11.2006 - Source: UK Home Office

Amendment to 1997 law on ‘Freedom of Conscience’ requires all registered local religious organisations to inform the Registration Service within 3 days of any change in leadership or legal address ("Operational Guidance Note: Russian Federation") [ID 19910]

"A 1997 law on ‘Freedom of Conscience’ requires all religious organisations registered under the previous 1990 law to re-register by 31 December 2000. A January 2005 amendment to the law requires all registered local religious organisations to inform the Federal Registration Service Department (FRSD) within three days of any change in leadership or legal address, which brought the treatment of religious organisations into conformity with that of other non-governmental organisations. If a local organisation fails to meet this requirement on two occasions, the FRSD may file suit to have it dissolved and stricken from the registry."

Document(s): Open document

15.09.2006 - Source: US Department of State

1997 Law remains the primary legislation governing religious organizations, but some provisions of the new NGO Law will apply to religious organizations as well; 1997 Law was amended in January 2005 ("International Religious Freedom Report 2006") [ID 19911]

"The constitution provides for freedom of religion and the Government generally respected this right in practice; however, in some cases the authorities imposed restrictions on certain groups. The constitution also provides for the equality of all religions before the law and the separation of church and state; however, the Government did not always respect this provision.

The 1997 Law declared all religions equal before the law, prohibited government interference in religion, and established simple registration procedures for religious groups. Although the 1997 Law did not recognize a state religion, its preamble recognized Christianity, Islam, Buddhism, Judaism, and other religions as constituting an inseparable part of the country's historical heritage, and also recognized the "special contribution of Orthodoxy to the history of Russia and to the establishment and development of Russia's spirituality and culture." Public opinion widely considered Orthodoxy, Islam, Judaism, and Buddhism to be the only religions "traditional" to the country.

Implementing regulations took effect on April 10, 2006, for the Law on Public Associations (NGO Law), which President Putin signed on January 10, 2006. The 1997 Law remains the primary legislation governing religious organizations, but some provisions of the new NGO Law will apply to religious organizations as well (...) such as new reporting requirements; the authority for the registration body (located in the MOJ) to request certain documents, send its representatives to participate in events, and review on an annual basis compliance of an organizations' activities with its statutory goals; and a requirement that covered nonprofit organizations inform the registering body of changes to certain data within three days of the effectuation of the changes.

In January 2005 authorities amended the 1997 Law to conform to a new law on state registration of other legal entities. The amended law requires all registered local religious organizations to inform the Federal Registration Service (FRS) within three days of a change in its leadership or legal address. If a local organization fails to meet this requirement on two or more occasions, the FRSD can file suit to dissolve and deregister the organization. Some denominations with numerous local organizations feared that compliance with this change will be highly burdensome. Neither the constitution nor the 1997 Law accords explicit privileges or advantages to the four "traditional" religions; however, many politicians and public figures argued for closer cooperation with them, and above all with the ROC. (...)"

Document(s): Open document

31.08.2006 - Source: BBC News

Orthodox Christian religion is being made a compulsory school subject in Belgorod, Bryansk, Kaluga and Smolensk and will be included as optional subject in 11 other regions; reportedly law violates the constitution of the secular state ("Religion enters Russian schools") [ID 16950]

Document(s): Open document

16.06.2006 - Source: Forum 18

Protestants, Muslims and Hare Krishna devotees struggling for their property not to be demolished, for land and for permissions to build places of worship ("Property struggles of Protestants, Muslims and Hare Krishna devotees") [ID 15411]

Document(s): Open document

07.06.2006 - Source: Forum 18

Religious communities complain of police failure to protect them from attacks or other unwarranted intrusions during services, or of police raids to prevent them conducting religious activity ("Whose side are the police on?") [ID 15414]

Document(s): Open document

05.2006 - Source: US Commission on International Religious Freedom

Advancements in religious freedom protections that emerged in period immediately after fall of the Soviet Union now in danger of being reversed ("Annual Report of the United States Commission on International Religious Freedom") [ID 16955]

"Despite the setbacks in the past year, it can still be said that the practice of religion in Russia today, particularly for the individual, is freer than during the Soviet period, when atheism was the strictly enforced state policy and religious expression was harshly repressed.Nevertheless, advancements in religious freedom protections that emerged in the period immediately after the fall of the Soviet Union are now in danger of being reversed. A January 2006 law regulating non-commercial organizations allows Russian government officials to attend meetings of any registered religious community and provides for increased controls on foreign donations, which will likely hamper the charitable and other activities of religious groups. Although the number of violent incidents has not increased, there has been a noticeable rise in the number of anti-Semitic sentiments expressed in official government circles as well as the media. In addition, there has been a significant increase in allegations of official discrimination against, as well as harassment, detention and imprisonment of, members of the country’s numerous Muslim communities, incidents in which religious identification is believed to play a growing role."

Document(s): Open document

08.03.2006 - Source: US Department of State

Regulations for re-registration of religious organisations place a hardship on less well established groups ("Country Report on Human Rights Practices 2005") [#46144],  [ID 11430]

"A 1997 law on "Freedom of Conscience" requires all religious organizations registered under the previous 1990 law to reregister by December 31, 2000. The law provides that a religious group that has existed for 15 years and has at least ten citizen members may register as a "local organization." It acquires the status of a juridical person and receives certain legal advantages. A group with three functioning local organizations in different regions may found a "centralized organization," which has the right to establish affiliated local organizations without meeting the 15-year-rule requirement. In practice the law places a hardship on groups that were previously unregistered and less well established, including groups new to the country. The process, which involves simultaneous registration at the federal and local levels, requires considerable time, effort, and legal expense.
A January amendment to the law requires all registered local religious organizations to inform the Federal Registration Service Department (FRSD) within three days of any change in leadership or legal address, which brought the treatment of religious organizations into conformity with that of other nongovernmental organizations. If a local organization fails to meet this requirement on two occasions, the FRSD may file suit to have it dissolved and stricken from the registry."

Document(s): Open document

08.03.2006 - Source: US Department of State

Statements by some government officials suggest that the Russian Orthodox Church has increasingly enjoyed a status that approaches official ("Country Report on Human Rights Practices 2005") [#46144],  [ID 11431]

"The law accords no explicit privileges or advantages to the Russian Orthodox Church (ROC) or the other groups formally designated as traditional religions Judaism, Islam and Buddhism. However, many politicians and public figures argued for closer cooperation with those religions, above all with the ROC's Moscow Patriarchate. Many government officials and citizens appeared to equate Russian Orthodoxy with the Russian national identity. The ROC has a number of formal and informal agreements with government ministries on matters such as guidelines for public education, religious training for military personnel, and law enforcement and customs decisions. These agreements have given the ROC far greater access than other religious groups to public institutions such as schools, hospitals, prisons, the police, the FSB, and the army. Public statements by some government officials and anecdotal evidence from religious minorities suggest that the ROC has increasingly enjoyed a status that approaches official."

Document(s): Open document

08.03.2006 - Source: US Department of State

In some areas local authorities prevented minority religious denominations from reregistering as local religious organizations, subjecting them to campaigns of legal harassment ("Country Report on Human Rights Practices 2005") [#46144],  [ID 11432]

"Treatment of religious organizations, particularly minority denominations, varied widely in the regions, depending on the decisions of local officials. In some areas local authorities prevented minority religious denominations from reregistering as local religious organizations, subjecting them to campaigns of legal harassment.
Contradictions between federal and local law in some regions and varying interpretations of the law provided some regional officials with opportunities to restrict the activities of religious minorities. According to many observers, an increasing susceptibility of local governments to discriminatory attitudes and lobbying by majority religions led to discriminatory practices at the local level. However, instances in which local officials detained individuals engaged in public discussion of their religious views remained isolated and were usually resolved quickly."

Document(s): Open document

08.03.2006 - Source: US Department of State

FSB and Prosecutor General conducted campaigns of harassment against some individual Muslims, Roman Catholics, as well as members of some Protestant groups and newer religious movements ("Country Report on Human Rights Practices 2005") [#46144],  [ID 11433]

"Human rights groups and religious minority groups criticized the federal prosecutor general for encouraging legal action against some minority religions and for giving an official imprimatur to materials that were biased against Jehovah's Witnesses, Mormons, and others. The FSB, the Office of the Prosecutor General, and other agencies conducted campaigns of harassment against some individual Muslims and Roman Catholics, as well as members of some Protestant groups and newer religious movements. Security services continued to treat the leadership of some minority religious groups, particularly Muslims and nontraditional religions, as security threats. Some religious groups were investigated for alleged criminal activity and violations of tax laws, landlords were pressured to renege on contracts, and in some cases the security services were thought to have influenced the MOJ to reject registration applications."

Document(s): Open document

08.03.2006 - Source: US Department of State

Some religious personnel experienced visa difficulties while entering or leaving the country ("Country Report on Human Rights Practices 2005") [#46144],  [ID 11434]

"Some religious personnel experienced visa difficulties while entering or leaving the country. On September 27, border guards at a Moscow airport denied reentry to the rabbi of the Moscow Choral Synagogue, Pinchas Goldschmidt. He has lived in Moscow since 1989 and his family resides in Moscow. The authorities did not tell Goldschmidt why they had annulled his visa. On December 2, Goldschmidt was issued a one-month religious worker's visa and returned to Moscow. His application for a one-year religious worker's visa was pending at year's end. Also by year's end the authorities had not responded to a request by the Dalai Lama for a visa to visit the Republic of Tuva. The Dalai Lama was permitted to visit the Republic of Kalmykia in 2004 after many years of denials. Catholic authorities reported a decrease in visa problems for Catholic priests during the year, although there was a report of one foreign priest whose visa was not renewed.
In March the government denied entry to high-ranking British and Danish Salvation Army officials who sought to attend a church congress. In explaining its decision to deny entry, the Moscow city branch of the federal MVD cited the provision of law under which foreigners may be denied entry "in the interests of state security."
Laws in three regions, Belgorod, Kursk, and Smolensk, forbid foreign visitors from engaging in missionary activity or preaching unless specifically authorized by their visas. According to local religious officials the laws were not enforced."

Document(s): Open document

08.03.2006 - Source: US Department of State

Many churches, synagogues, and mosques have been returned; the Russian Orthodox Church appeared to have had greater success in gaining restitution of pre revolutionary property than other groups ("Country Report on Human Rights Practices 2005") [#46144],  [ID 11435]

"Restitution of religious property seized by the Communist regime remained an issue. Many properties used for religious services, including churches, synagogues, and mosques, have been returned, and more restitution cases were ongoing. The ROC appeared to have had greater success in gaining restitution of pre revolutionary property than other groups, although it continued to pursue property claims. The Jewish community was still seeking the return of a number of synagogues, religious scrolls, and cultural and religious artifacts, such as the Schneerson book collection, a revered collection of the Chabad Lubavitch."

Document(s): Open document

08.03.2006 - Source: US Department of State

Members of minority and "nontraditional" religions continued to encounter prejudice, societal discrimination, and in some cases physical attacks ("Country Report on Human Rights Practices 2005") [#46144],  [ID 11436]

"While religious matters were not a source of societal hostility for most citizens, members of minority and "nontraditional" religions continued to encounter prejudice, societal discrimination, and in some cases physical attacks. Conservative activists claiming ties to the ROC disseminated negative publications and staged demonstrations throughout the country against minority religions. Some ROC leaders publicly expressed similar views. Authorities usually investigated incidents of religious vandalism and violence, but arrests of suspects were extremely infrequent and convictions were rare. Relations between non traditional religious organizations and traditional ones frequently were tense, particularly at the leadership level."

Document(s): Open document

08.11.2005 - Source: US Department of State

Annual Religious Freedom Report 2005 ("International Religious Freedom Report 2005") [#38879],  [ID 11437]

For details please refer to the original document

"Conditions deteriorated for some minority religious faiths while remaining largely the same for others, although government policy continued to contribute to the generally free practice of religion for most of the population. Some federal agencies and manylocal authorities continued to restrict the rights of various religious minorities. Legal obstacles to registration under a complex 1997 law "On Freedom of Conscience and Associations" continued to seriously disadvantage many religious groups considered nontraditional. Indeed, these restrictions were cited as the basis for the March 2004 court decision banning Jehovah's Witnesses in Moscow, a decision that had significant negative ramifications for the activities of Jehovah's Witnesses during the reporting period. There were indications that the security services, including the Federal Security Service (FSB), increasingly treated the leadership of some minority religious groups as security threats."

Document(s): Open document

07.09.2005 - Source: Forum 18

Many missionaries denied visa on national security grounds; religious workers reluctant to challenge decisions in order not to damage inviting religious organisations ("How many missionaries now denied visas?") [#36387],  [ID 11438]

Document(s): Open document

30.08.2005 - Source: Forum 18

Gaining property is one of most troublesome issues for religious communities ("Who owns religious property?") [#36044],  [ID 11439]

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

1997 Federal Law on freedom of conscience and religious associations bears signs of unequal treatment of the various confessions; reports about numerous cases of religiously motivated violence ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710],  [ID 11440]

"350. The liberal legislation on freedom of religion, adopted in the beginning of the 90's, promoted broad plurality of confessions and religious organisations throughout the Federation195. However, the 1997 Federal Law on freedom of conscience and religious associations bears signs of unequal treatment of the various confessions by recognising "the special role of Orthodoxy in the history of Russia", by "respecting Christianity, Islam, Buddhism, Judaism, and other religions, constituting an integral part of the historical heritage of the peoples of Russia"196. Being included in the Preamble of the Law and having no direct binding force, these provisions, nevertheless, inspire a discrimination of those confessions that are not mentioned. Hence, federal and regional authorities seem to offer a preferential treatment to the Russian Orthodox Church. We heard allegations that minority religiouscommunities must secure permission from the local Orthodox Church before being allowed to build a house of worship or that local authorities seek the advice of the Orthodox Church before dealing with such religious groups.

351. We were distressed to hear during our fact-finding missions reports about numerous cases of religiously motivated violence – physical violence, intimidation, other forms of attacks against the representatives of "non-traditional" confessions and their places of worship197. In most cases the local and regional authorities turned a blind eye to these attacks and did not prosecute their authors."

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Foreign religious leaders and missionaries have experienced difficulty gaining entry visas or maintaining residence in Russia ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710],  [ID 11441]

"352. Foreign religious leaders and missionaries have experienced difficulty gaining entry visas or maintaining residence in Russia198. Since the beginning of 2002, a Catholic Bishop and several priests have been expelled from Russia, including those who had lived in Russia for years. In addition to the denials or revocations of visas for Catholic priests, there were reportedly numerous other cases in which foreign religious workers were denied visas to enter or re-enter the country, including members of the Protestant Christian, Buddhist, and Muslim faiths. In the Krasnodar and Kaliningrad regions priest and nuns can obtain only 3 month visas. In late 2003, a court in Tatarstan denied a new residence permit to a Baptist missionary on the basis of the assessment of local security officials that his activities were "extremist". The Buddhist community of Kalmykia for several years has been appealing to the Russian Foreign Affairs Ministry to reverse previous visa denials and allow its spiritual leader, the Dalai Lama, to visit Russia. We welcome the fact that the Dalai Lama was allowed in November 2004 to visit Kalmykiya.

353. A July 2002 Law "On the Legal Status of Foreign Citizens in the Russian Federation", which transferred much of the responsibility for visa affairs from the Ministry of Foreign Affairs to the Ministry of Interior, appears to have disrupted the visa regime for religious and other foreign workers, contributing to the sharp decrease in the issuance of long-term visas and causing hardship for many groups. The FSB has asserted itself into matters dealing with visas and religion, particularly where groups it views as "dangerous cults and sects" are concerned. For example, an FSB official who acted as the official representative of the country at the meeting on 16 June 2004 of the Organisation for Security and Co-operation in Europe (OSCE) on the Relationship between Racist, Xenophobic, and anti-Semitic Propaganda on the Internet and Hate Crimes presented an official statement that labelled members of Jehovah's Witnesses and Hare Krishna's as examples of xenophobic cults that propagated "fanatical devotion and rejection of other religions" on their Web sites199."

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Federal authorities are trying to secure the unhindered realisation of the freedom of religion; but regional and local bodies in many cases are reluctant to protect the rights of religious communities ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710],  [ID 11442]

"354. During 2004 mass media reported numerous cases of illegal personal data collecting by regional departments of the Ministry of Justice. For instance, in Chelyabinsk, Samara, and Yaroslavl the Justice Departments sent a questionnaire to religious organisations which included a requirement to attach a list of parishioners. Such practice existed during Soviet rule when churches, mosques, and synagogues had to present personal information about parishioners to the responsible agencies but disappeared with the breakdown of the USSR. The practice of collecting personal data of the parishioners in regions of Russia should be stopped; the central department of the Ministry of Justice should advise its regional offices on the inadmissibility of such requirements.

355. Another frequently cited major problem with enjoyment of freedom of religion is the allocation of land for the construction of places of worship for some religious communities. This especially concerns minority confessions, in particular Jehovah's Witnesses, which encountered problems in Yekaterinburg, Kazan, Dalnegorsk, Adler, and St. Petersburg. Another case of difficulties in obtaininga plot of land was reported by a Jewish community in Yekaterinburg. They claimed that the previously allocated site was later taken away for the construction of the presidential envoy's residence (during our meeting with the presidential envoy, Mr Latyshev neither confirmed nor disputed the allegations).

356. We are alarmed by the recent trend of segregation of religious organisations into traditional and non-traditional groups. Recognising the fact that the federal authorities are trying to secure the unhindered realisation of the freedom of religion, we have to state that regional and local bodies in many cases are reluctant to protect the rights of religious communities and fail to address properly the cases of freedom of religion violations.

357. At the same time, the State Duma hasn't supported so far the initiatives to formally grant special status to the so-called traditional religious organisations200, notwithstanding the 26 March 2004 Presidential statement in favour of drafting a bill on state support "to the spiritual leaders of traditional religious confessions," the ITAR-Tass news agency reported."

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

1997 Law on religion disregards the principle of equality of religions; unregistered groups sometimes encounter significant difficulties ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710],  [ID 11443]

"365. One of the Russian Federation's commitments was to introduce new laws in line with Council of Europe standards, in particular on freedom of religion (Opinion No. 193 (1996), § 7.v.). The Federal Law "On Freedom of Conscience and Religious Associations" entered into force on 1 October 1997 replacing a 1990 law on the same subject. This new legislation has been criticised both at home and abroad on the grounds that it disregards the principle of equality of religions. The Law's preamble specially mentions Orthodoxy, Christianity, Islam, Buddhism, and Judaism. In practice administrative bodies and the courts, interpreting the act as a whole from the point of view of its preamble, quite often treat the "non-traditional religious organisations" as "totalitarian sects"207

366. The law then goes on to draw a distinction between "religious organisations", according to whether or not they existed before 1982, and a third category, called "religious groups". Religious organisations that existed for less than fifteen years, and religious groups are subject to legal and tax disadvantages and their activities are restricted208.

367. The intent appears to have been to discriminate against members of foreign and less well-known religions by making it difficult for them to establish religious organisations. For example, many officials in law enforcement bodies and the legislative branches speak of the need to protect the "spiritual security" of the country by discouraging the growth of "sects" and "cults," usually understood to include Protestant and newer religious movements. The 1997 law is very complex, with many ambiguous provisions; and it creates various categories of religious communities with differing levels of legal status and privileges. Most significantly, the law distinguishes between religious "groups" and "organisations." A religious "group" is not registered and consequently does not have the legal status of a legal person; it may not open a bank account, own property, issue invitations to foreign guests, publish literature, or conduct worship services in prisons and state-owned hospitals and among the armed forces. It does not enjoy tax benefits or the right to proselytise. Individual members of the group may buy property for the group's use, invite personal guests to engage in religious instruction, and import religious material. In this way, groups theoretically are permitted to rent public spaces and hold services; however, in practice members of unregistered groups sometimes encounter significant difficulty in exercising these rights.

368. The 1997 law provides that a group that has existed for 15 years and has at least ten Russian members may register as a "local religious organisation." It acquires the status of a legal entity and receives certain legal advantages. "Centralised" religious organisation can be formed only from no fewer than three local religious organisations of the same confession. Thus, the 1997 law provides for a very complicated procedure to establish a new non-local religious organisation which can operate on more than one "territory" (the law also doesn't define clearly the administrative entities included in such "local territory"). Taking into account the significant discrepancy in rights attached to religious groups and organisations, this provision can be viewed as discriminating against minority or new beliefs.

369. Moreover, to be allowed to include in its name words "Russia", "Russian", and their derivatives the centralised religious organisation's structures have to operate on the territory of the Russian Federation on a legal basis for a period of no fewer than fifty years at the time of the application to the registration agency for state registration.

370. Some of these concerns have been addressed, notably through the decisions of the Constitutional Court of the Russian Federation of 23 November 1999, 13 April 2000, and 7 February 2002. Although the Court has already restricted the application of the so-called "fifteen-year rule", which initially severely limited the rights of religious groups that could not prove their existence on Russian territory for at least fifteen years before the new law entered into force, the total abolition of this rule would be considered as an important improvement of the legislative basis209.

371. Although the Law provides that foreign citizens and persons without citizenship who legally reside on the territory of the Russian Federation enjoy the right to freedom of conscience and freedom of religious profession on a equal basis with citizens of the Russian Federation (Article 3), it also stipulates that only citizens and other persons "permanently and legally residing on the territory of the Russian federation" can associate into a religious organisations (be founders or members of such organisations). This provision can be viewed as contradictory to Article 28 of the Russian Constitution and Article 9 of the European Convention of Human Rights since the Russian legislation provides for special procedure for obtaining permanent residence.

372. The Russian Federation Ombudsman in his Special Report "On Implementation by Russia of its Obligations Undertaken When Joining the Council of Europe" released in May 2002, also noted that Article 3 (2) of the Law provided for the possibility of restricting freedom of religion if necessary to protect state security, whereas Article 9 of the ECHR contains no such restriction.

373. A Law "On Counteracting Extremist Activities" was adopted in July 2002 with the goal of reducing religious and ethnic intolerance and limiting the activities of ultra-right-wing organisations. The legislation prohibits advocating in public speech the superiority of any group based on religion, race, nationality, language, or other attributes. Critics charged that the legislation could prompt a dangerous expansion of police power and that the Government had already demonstrated a lack of political will in implementing existing legislation210. Some observers expressed particular concern about the effect of the legislation on religious freedom. In 2003, authorities in Samara subsequently made use of the anti-extremism legislation to cancel the registration of a Buddhist community and the Church of the Last Covenant, and to refuse registration to communities of Scientologists and the Unification Church. At the same time, in the vast majority of crimes targeting Jewish organisations and property, officials generally ignore the anti-Semitic motivation of the crimes and prosecute criminals under the much more lenient charge of "hooliganism".

374. Therefore, we urge the Russian authorities to revise the 1997 Law on freedom of conscience and religious associations, in particular, in order to eliminate the discriminatory provisions hindering registration of new religious organisations; simplify the registration procedures; grant more rights to unregistered religious groups; bring other provisions of the law into line with the Russian Constitution and European Convention for the Protection of Human Rights and Fundamental Freedoms as interpreted in the case law of the European Court of Human"

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Return of the property of religious institutions ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710],  [ID 11444]

"375. Russia also undertook to return without delay the property of religious institutions (Opinion No. 193 (1996), § 10.xiii.). We note that the restitution of religious property seized by the Soviet government remains an issue. Most properties used for religious services, including churches, synagogues, and mosques, have been returned. But, for instance, the Jewish community is still seeking the return of a number of synagogues, religious scrolls, and cultural and religious artefacts. In Kazan, the former cathedral of the Roman Catholic Church has not been returned because it's now a laboratory of an aviation institute.

376. The Russian Orthodox Church appears to have had greater success reclaiming pre-revolutionary property than other groups, although it still has disputed property despite its preferential treatment. The St. Petersburg Russian Orthodox Old Believers' Community has not been able to get its church returned, which was confiscated by Soviet authorities in 1922. Roman Catholics continue to pursue legal avenues towards restoration of the Saint Peter and Saint Paul Cathedral in Moscow. The office of an oil company currently occupies the cathedral, and the Catholic parish is meeting in a former disco hall because it does not expect the company to vacate the premises.

377. In this regard, we welcome the adoption by the Russian parliament of the law211 granting the religious organisations a free of charge right of ownership on the plots of state or municipal land occupied by the religious constructions (if the relevant construction is owned by the organisation) or gratuitous long-term possession. We hope that this law will be implemented without any discrimination to the different religious organisations and will relieve them from the need to pay for or purchase land on which their buildings are already located.

378. Therefore, we urge the Russian authorities to solve remaining problems with the return of property to the religious institutions without further delay."

Document(s): Open document

14.04.2005 - Source: Forum 18

Russia's 1997 religion law divides religious communities into two categories, restricting the rights of those with unregistered status of "group" ("Unregistered Religious Groups") [#31617],  [ID 11445]

Document(s): Open document

28.02.2005 - Source: US Department of State

Contradictions between federal and local law in some regions and varying interpretations of the law gave some regional officials pretexts to restrict the activities of religious minorities; at the same time, federal authorities were more active during the year in preventing or reversing discriminatory actions taken at the local level ("Country Report on Human Rights Practices 2004") [#29515],  [ID 11446]

"Treatment of religious organizations, particularly minority denominations, varied widely in the regions, depending on the decisions of local officials. In some areas, such as Moscow, Khabarovsk, and Chelyabinsk, local authorities prevented minority religious denominations from reregistering as local religious organizations, as required by law, subjecting them to campaigns of legal harassment.

Contradictions between federal and local law in some regions and varying interpretations of the law gave some regional officials pretexts to restrict the activities of religious minorities. Discriminatory practices at the local level were attributable to the relatively greater susceptibility of local governments to lobbying by majority religions, as well as to discriminatory attitudes that were widely held in society. For example, articles heavily biased against religions considered "non traditional" appeared regularly in both the local and national press. There were reports of harassment of members of religious minority groups. Several religious communities were forced to defend themselves in court against charges by local authorities that they were engaging in harmful activities. At times local courts demonstrated their independence by dismissing frivolous cases or ruling in favor of the religious organizations; however, in some of these cases, authorities were slow to carry out, or refused to carry out, such rulings and in many cases appealed them.
[...]
At the same time, federal authorities were more active during the year in preventing or reversing discriminatory actions taken at the local level, in disseminating information to the regions and, when necessary, reprimanding officials who acted inappropriately. According to one report, a new government publication on the rights of foreign religious workers was a valuable resource in resolving difficulties with local officials who were largely unfamiliar with the federal law. President Putin has sought stricter and more consistent application of federal laws throughout the country."

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28.02.2005 - Source: US Department of State

Attitudes toward traditionally Muslim ethnic groups, Jews, Catholics and adherents of newer, non Orthodox religions remained negative in many regions ("Country Report on Human Rights Practices 2004") [#29515],  [ID 11447]

"Popular attitudes toward traditionally Muslim ethnic groups remained negative in many regions, and there were manifestations of anti Semitism as well as societal hostility toward Catholics and adherents of newer, non Orthodox, religions. Many observers reported that incidents of racially or ethnically motivated attacks increased significantly in recent years, although it was often difficult to determine whether xenophobia, religion, or ethnic prejudices were the primary motivation behind violent attacks. Conservative activists claiming ties to the ROC disseminated negative publications and staged demonstrations throughout the country against Catholics, Protestants, members of Jehovah's Witnesses, and religions new to the country, and some ROC leaders publicly expressed similar views."

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14.02.2005 - Source: Forum 18

Background report on religious freedom in Russia; state policy directed against non-traditional confessions ("Religious freedom survey, February 2005") [#29327],  [ID 11448]

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12.07.2004 - Source: Forum 18

New laws restricting visas for missionary work adopted in several regions ("Anti-missionary law déjà vu") [#23964],  [ID 11449]

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22.06.2004 - Source: Forum 18

Publicly expressed support for so-called traditional confessions (Orthodoxy, Islam, Judaism and Buddhism) by national leadership transformed into concrete policy by local authorities in Sakhalin and Khabarovsk ("One religious policy fits all?") [#23454],  [ID 11450]

"Russia's federal leaders usually demonstrate at least symbolic preference for the country's de facto "traditional" confessions – Orthodoxy, Islam, Judaism and Buddhism. When regional authorities follow suit, this preference often becomes practical policy, as Forum 18 News Service has observed in both Sakhalin and Kahabarovsk regions.

Opening a 23 April conference hosted by Sakhalin regional administration on "The Role of Orthodoxy and the Revival of the Spiritual Identity of the Population in Russia's Far East Region", for example, the head of administration of President Vladimir Putin's representative in Russia's Far East District described the region as a border zone cut off from the spiritual centres of the nation, with many foreign-backed Protestant churches, new religious movements and active missionaries from the United States and South Korea. "In this situation, we need to take measures to support our traditional religions," declared Aleksandr Plotnikov, and referred to President Putin's personal approval of initiatives to boost patriotism.
[...]
Notably, while there were at least a hundred participants at this conference, the only other religious figure to address it was the leader of Sakhalin's tiny Muslim community, who is also a member of the regional administration's Council for Religious Affairs. The only other non-Orthodox religious representative on this Council is Sakhalin's Pentecostal bishop, Petr Yarmolyuk, who told Forum 18 that he had no idea that the conference was taking place. Nor did the other Protestant and Catholic representatives with whom Forum 18 spoke in Yuzhno-Sakhalinsk."

Document(s): Open document

17.06.2004 - Source: Radio Free Europe/Radio Liberty

Organizers of a modern-art exhibition dealing with religious themes accused of inciting hatred and on trial in Moscow ("Modern-Art Trial To Test Freedom Of Expression") [#23382],  [ID 11451]

Document(s): Open document

16.06.2004 - Source: Forum 18

Sakhalin: Russian Orthodox Deacon increases religious tensions ("Foreign missionaries in Sakhalin face restrictions") [#23294],  [ID 11452]

Document(s): Open document

01.06.2004 - Source: Forum 18

Sakhalin region: local restrictions on religious activity ("Local restrictions on mission in Sakhalin region") [#22917],  [ID 11453]

Document(s): Open document

01.06.2004 - Source: Forum 18

Khabarovsk region: local restrictions on religious activity ("Local restrictions on mission in Khabarovsk region") [#22918],  [ID 11454]

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25.02.2004 - Source: US Department of State

Although the Constitution provides for the equality of all religions before the law and the separation of church and state, the Government did not always respect this provision in practice ("Country Reports on Human Rights Practices - 2003") [#19737],  [ID 11455]

"The Constitution provides for freedom of religion, and the Government generally respected this right in practice; however, in some cases the authorities imposed restrictions on some groups. Although the Constitution provides for the equality of all religions before the law and the separation of church and state, the Government did not always respect this provision in practice.

There were continuing indications that the security services were treating the leadership of some minority religious groups, particularly Muslims and Roman Catholics, as security threats (see Section 2.b.).

Many religious minority groups and NGOs complained of what they believed was collusion between the Russian Orthodox Church and the state. Neither the Constitution nor the 1997 law accords explicit privileges or advantages to "traditional religions;" however, many politicians and public figures argued for closer cooperation with them, above all with the Russian Orthodox Church's Moscow Patriarchate. Public statements by some government officials, including President Putin, and anecdotal evidence from religious minority groups, suggested that the Russian Orthodox Church increasingly enjoyed a status that approached official. The Church has entered into a number of agreements with government ministries giving it special access to institutions such as schools, hospitals, prisons, the police, the FSB, and the army. The Russian Orthodox Church appears to have had greater success reclaiming pre-revolutionary property than other groups, and many religious workers believed that the Russian Orthodox Church played a role in the cancellation of visas held by non-Orthodox foreign religious workers.

A 1997 law regulating religious practice limits the rights, activities, and status of religious "groups" existing in the country for less than 15 years and requires that religious groups exist for 15 years before they can qualify for "organization" status, which conveys juridical status. All religious organizations were required to register or reregister by the end of 2000 or face liquidation (deprivation of juridical status). Groups that were unregistered previously, including groups new to the country, were severely hindered in their ability to practice their faith. The Ministry of the Justice reported that, as of January, 20,448 organizations were registered. While isolated difficulties with registration continued to appear in different regions around the country, human rights lawyers and representatives of religious minorities reported that such difficulties related to the 1997 law decreased during the year. Local courts have upheld the right of non-traditional groups to register or reregister in a number of cases.

Treatment of religious organizations, particularly minority denominations, varied widely in the regions, depending on the attitude of local offices of the Ministry of Justice. In some areas such as Moscow, Khabarovsk, and Chelyabinsk, local authorities prevented minority religious denominations from reregistering as local religious organizations, as required by law, subjecting them to campaigns of legal harassment."

Document(s): Open document

15.07.2003 - Source: International Helsinki Federation for Human Rights

Report on religious freedom in selected OSCE states ("Problems of Religious Freedom and Tolerance in Selected OSCE States") [#14307],  [ID 11456]

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Open document

05.2003 - Source: US Commission on International Religious Freedom

Report focused on religious freedom situation (anti-semitism, violence against Muslims) ("Report on the Russian Federation") [#13730],  [ID 11457]

Document(s): Open document

28.05.2002 - Source: International Helsinki Federation for Human Rights

International Helsinki Federation: Law on Freedom of Conscience and Religious Associations ("Human Rights in the OSCE Region: The Balkans, the Caucasus, Europe, Central Asia and North America") [#7145],  [ID 11460]

"The 1997 Law “On the Freedom of Conscience and Religious Associations” formally regulated the activities of religious communities. The law established Judaism, Islam, Buddhism and Christianity as the mainstream faiths besides Russian Orthodoxy. In order to be officially registered, all religious communities had to prove that they had existed in Russia for at least 15 years, and had at least 10 followers. The law did not demand the mandatory registration of religious communities, but registration granted them the status of a legal entity and a number of additional rights, such as the right to set up educational institutions or mass media outlets. However, on the local level, authorities often required formal registration to allow religious communities to operate at all. Amendments to the 1997 law imposed a requirement on already registered religious organisations to re-register by the end of 1999, a deadline later extended to the end of 2000. While religious organisations were declared legal on the federal level despite their failure to re-register by the deadline, many faced judicial proceedings for their closure on the local level. In addition to denying minority communities registration, local authorities restricted their activities in many other ways, inter alia by banning the distribution of literature, religious instruction, and building and renovation projects, and by denying visas to their foreign leaders. In their bid to constrain freedom of conscience beyond the provisions of the 1997 law, the local authorities found an ideological basis in the so-called Concept of National Security and the Concept of Information Security (both from 2000), which depicted foreign religious influence as a threat to Russian security. Another official document, a Ministry of Education memorandum from 2000, specifically referred to “non-traditional religious associations” and gave authorities instructions on how to deal with them, even though the term “non-traditional religious association” was not a legal concept. The religious communities most often targeted by local authorities were small Protestant churches, such as the Pentecostals, as well as the Adventists, the Jehovah’s Witnesses, the Church of Jesus Christ of Latter- Day Saints (Mormons), and the Salvation Army. The Jesuit Order of the Roman Catholic Church and individual Catholic parishes also faced problems."

Document(s): Open document
02279rus.pdf

04.2002 - Source: UK Home Office

UK Home Office: Freedom of religion, equality of all religions before the law, separation of church and state ("Country Assessment - April 2002") [#7107],  [ID 11458]

"The Constitution provides for freedom of religion, the equality of all religions before the law and the separation of church and state, but in practice the government does not always respect the provision for equality of religions, and local authorities have imposed restrictions on some groups. The 1997 Law on Freedom of Conscience targeted so-called totalitarian sects or dangerous religious cults and required all religious organisations previously registered under the 1990 law to reregister by the end of 2000 or face liquidation. Among the law's most controversial provisions are those that limit the rights, activities, and status of religious "groups" existing in the country for less than 15 years and that require that religious groups exist for 15 years before they can qualify for "organisation" status. Groups that did not manage to register under the 1990 law or groups that are new to the country remained severely hindered in their ability to practice their faith, although for those that were registered before the passage of the 1997 law, the situation was somewhat better. A November 1999 Constitutional Court ruling effectively "grandfathered in" a number of religious organisations that were registered at the time the 1997 law was passed but could not prove 15 years of operation in Russia.
In May 2001, the Ministry of Justice reported that approximately 18,130 organisations had either reregistered or registered anew, while approximately 2,095 were subject to liquidation. The Ministry reported that 87% of organisations registered under the previous law reregistered successfully. There were reports that by May 2001 almost 100 organisations had been liquidated, but, according to the Ministry of Justice, most of these organisations were defunct, existing on paper only. However, religious minority denominations and NGOs reported that a number of these groups were active and were liquidated despite repeated attempts to reregister; some of these cases are being challenged in court.

Several groups continue to face discrimination in their ability to rent premises and conduct group activities. There are reports that some local governments have prevented religious groups from using venues such as cinemas, suitable for large gatherings. As a result, in some instances denominations that do not have their own property have effectively been denied the opportunity to practise their faith in large groups. The denial of access to buildings has been cited as the most widespread violation of religious freedom. Property disputes are among the most frequent complaints cited by religious groups, although some synagogues, churches and mosques have been returned to communities to be used for religious services. Members of individual minority religions continue to encounter prejudice and societal discrimination, and in some cases violence. The authorities usually investigate incidents of vandalism and violence, but arrests of suspects are extremely infrequent and convictions are rarer. In addition, religious figures have been kidnapped and killed in Chechnya."

Document(s): Open document