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  • Turkmenistan: What needs to change, Religion Law or govm't actions?

    FORUM 18 NEWS SERVICE, Oslo, Norway
    http://www.forum18.org/

    The right to believe, to worship and witness
    The right to change one's belief or religion
    The right to join together and express one's belief

    ========================================== ======
    Thursday 14 February 2008
    TURKMENISTAN: WHAT NEEDS TO CHANGE, THE RELIGION LAW OR GOVERNMENT
    ACTIONS?

    Turkmenistan has promised to amend its Religion Law, but work on this has
    not started, Forum 18 News Service has found. Shirin Akhmedova, Director of
    the state National Institute for Democracy and Human Rights, claimed the
    process of amending the Law would be "transparent" and would involve
    "international experts." However, she said that the views of local people
    would be listened to only after Forum 18 specifically asked about this. She
    refused to say what parts of the Law are likely to be amended, when a draft
    Law may be produced, or if their would be public discussion. She insisted
    that the country has a "new government" and denied that religious believers
    face any problems in practising their faith. Religious believers have told
    Forum 18 that no fundamental changes in religious policy have yet taken
    place. Many have stated that restrictions they face include not being able
    to: build or open places of worship; publish or import religious
    literature; travel abroad (including on the haj pilgrimage to Mecca); share
    their beliefs; or - for communities the authorities particularly dislike -
    gain legal status.

    TURKMENISTAN: WHAT NEEDS TO CHANGE, THE RELIGION LAW OR GOVERNMENT
    ACTIONS?

    By Felix Corley, Forum 18 News Service <http://www.forum18.org>

    Turkmenistan's government is promising to amend the Religion Law "to bring
    it into line with international human rights norms", but a senior official
    has admitted that work on this has not yet started. "Concrete work has not
    begun, but the process has begun," Shirin Akhmedova, Director of the
    government's National Institute for Democracy and Human Rights, told Forum
    18 News Service from the capital Ashgabad [Ashgabat] on 13 February. She
    claimed the process of amending the Law would be "transparent" and would
    involve "international experts." However, she said that the views of local
    people would be listened to only after Forum 18 specifically asked about
    this.

    Forum 18 tried to find out more about the proposed amendments to the
    Religion Law from the government's Gengeshi (Committee) for Religious
    Affairs in Ashgabad. However, each time Forum 18 introduced itself on 13
    and 14 February the official who answered the phone of its deputy head
    Nurmukhamed Gurbanov put the phone down.

    Religious believers Forum 18 has spoken to welcome any attempts to improve
    the Law. However, they remain sceptical over whether any amendments will be
    a genuine improvement, or be a genuine attempt to establish the rule of
    law, and whether the authorities will end the tight state control of
    religious communities.

    Officials often do not know which parts of the published laws are supposed
    to govern their actions. Recently-deported Baptist pastor Vyacheslav
    Kalataevsky was told by officials that unregistered religious activity,
    including people meeting together for worship in homes, is banned. "I asked
    them to show me what part of the law bans unregistered worship and they
    were unable to do so," Kalataevsky told Forum 18 when he was still in the
    country. Throughout Turkmenistan, Protestants, Muslims and people from
    other faiths have been stopped by officials from exercising their right to
    freedom of thought, conscience and belief (see F18News 21 November 2007
    <http://www.forum18.org/Archive.php?articl e_id=1050>).

    "What needs to be cleaned up is the Ministry of State Security (MSS)
    secret police," one Christian who preferred not to be identified told Forum
    18 on 13 February. "They need to stop the house raids, taking of names,
    workplaces and addresses. They continually follow and harass believers."
    The Christian recounted the case of a friend who was offered a high level
    job. When he disclosed - for the safety of the employer - that he was a
    Christian, the employer took back the job offer saying it was too risky.
    "If the new President, Gurbanguly Berdymukhamedov, is serious we should
    start seeing some internal changes that conform with the Constitution's
    guarantees."

    However, Akhmedova of the National Institute for Democracy and Human
    Rights resolutely denied that religious communities and individuals face
    any problems in practising their faith. Told that many religious believers
    have told Forum 18 that they cannot freely build or open places of worship,
    publish or import religious literature, travel abroad freely for religious
    purposes (including on the haj pilgrimage to Mecca), invite foreign
    co-religionists, share their beliefs and - for communities the authorities
    particularly dislike - gain legal status she declared angrily to Forum 18:
    "You have one-sided information. I have worked here for nearly a year and I
    have received no complaints from any religious community in all that time."

    Asked whether religious communities can freely build places of worship,
    Akhmedova responded: "Of course. Look at the mosque that is to be built in
    Koneürgench [in the northern Dashhowuz Region]. Places of worship are being
    built." When Forum 18 pointed out that this mosque is being built at the
    decision of the state, while religious communities themselves cannot
    initiate building places of worship, she repeated that Forum 18 had
    "one-sided information".

    While refusing to distance the authorities from the repression of
    religious believers during the rule of former President Saparmurat Niyazov,
    who died in December 2006, Akhmedova kept insisting that Turkmenistan has a
    "new government". Asked whether this meant that those who suffered under
    the Niyazov regime would be compensated - such as Ashgabad's Seventh-day
    Adventist community which saw its church bulldozed by the authorities in
    November 1999 without compensation - she said she had never heard of this.

    Asked whether Muslims would be compensated for the mosques destroyed in
    the last three years or whether the Armenian Apostolic Church would get
    compensation and be allowed to get back their century-old church in
    Turkmenbashi [Türkmenbashy, formerly Krasnovodsk], partially destroyed in
    2005, she again denied all knowledge of such demolitions (see F18News 21
    November 2007 <http://www.forum18.org/Archive.php?article_id= 1050>).

    Akhmedova repeated government claims that pilgrims could travel
    independently "at their own expense". However, only 188 state-approved
    pilgrims were approved to travel on the haj in December 2007, while
    Turkmenistan has a quota of 5,000 (see F18News 14 December 2007
    <http://www.forum18.org/Archive.php?articl e_id=1062>). Asked why there was
    this severe restriction, she claimed: "Dozens of my friends went on the haj
    this time making their own arrangements." She declined to give Forum 18 any
    names or contact details to verify her claim independently, or say how they
    travelled.

    Akhmedova told Forum 18 that the Interagency Commission set up last year
    to bring Turkmenistan's laws in the area of human rights into line with
    international norms met in Ashgabad on 5 January. "A long list of laws was
    approved to be brought into line with international standards," she told
    Forum 18. "The Religion Law is one of those. However, there is no hierarchy
    of priority, so no individual law will be considered ahead of the others."

    Akhmedova said the Interagency Commission will be coordinating specific
    proposals to amend the Religion Law, with the help of her agency. "We want
    to work with experts from USAID and the OSCE [Organisation for Security and
    Co-operation in Europe]," she added. "It will be done better with their
    help." She said the text would eventually go to parliament for approval.
    Only after questioning from Forum 18 about the involvement of citizens did
    she state that local people could present suggestions to the Interagency
    Commission or her National Institute for Democracy and Human Rights.

    She refused to say what specific elements of the Religion Law are likely
    to be amended. She would not give a timetable of when a new draft Law is
    likely to be produced, or state if it would be open for public discussion.

    The OSCE Office for Democratic Institutions and Human Rights (ODIHR) in
    Warsaw told Forum 18 that it had expressed its readiness to offer
    assistance to the Turkmen government through legislative support and other
    forms of bilateral consultations. "The ODIHR provides legislative opinion
    on draft laws on freedom of religion or belief to OSCE participating States
    through its Panel of Experts on Freedom of Religion or Belief," it told
    Forum 18 from Warsaw on 14 February.

    The ODIHR's Director, Ambassador Christian Strohal, has visited
    Turkmenistan and offered help on election issues, the rule of law and human
    rights. However, his visit coincided with a crackdown on a group of
    Protestants by the MSS secret police, the hakim (head) of a district
    administration, the head of a collective farm and the local mullah. Two
    compulsory public meetings were then held, attended by hakimlik officials,
    the collective farm chairman, the MSS secret police, the ordinary police
    and the local mullah. At both meetings, Protestant parents were named and
    threats were made that electricity, gas and water supplies to their homes
    would be cut off, that their children would be expelled from school, and
    that they would not be given farm land to cultivate. They were accused of
    "conducting criminal activity and political activity against the
    government" and the meetings were told that the authorities "would do
    whatever it takes to crush and destroy them"(see F18News 25 May 2007
    <http://www.forum18.org/Archive.php?article_id -3>).

    Akhmedova of the National Institute for Democracy and Human Rights put the
    phone down before Forum 18 could ask if the Code of Administrative Offences
    will also be amended. Article 205 in the Administrative Code punishes
    individuals found guilty of violating the Religion Law, such as by holding
    unregistered religious worship. She had put down the phone before Forum 18
    could ask. However, the Criminal Code is among a number of legal codes
    known to be due for review.

    Religious believers insist to Forum 18 that no fundamental changes in
    religious policy have yet taken place. "The mechanisms that existed before
    [under Niyazov] still continue," one believer who asked not to be
    identified told Forum 18 on 13 February. "All the limitations remain: if
    you have state registration you can rent somewhere to meet for worship, but
    you can't get your own building for worship and you can't meet in private
    homes. Of course the community is pleased to be able to meet. But we dare
    not complain about the other restrictions, as even the permission to meet
    could be taken away."

    The believer stressed that at almost every worship service a state
    official is present. "The community doesn't complain about this. It's
    something you have to live with. In the Soviet Union they were always
    there."

    The believer added that restrictions on religious literature remain. "You
    can bring into the country only a handful of religious books or magazines,
    and no more than one of any one title." The believer added that local
    communities cannot invite fellow-believers from abroad.

    A believer from another community was equally adamant that the state
    control mechanism remained in force. "The most important problem is
    government control," he told Forum 18 on 14 February. "They say they're
    working on a new Religion Law, but we know who's controlling all this - the
    MSS secret police. From my experience I know that no other agency can take
    a decision without them. What would be good would be for the government to
    change the situation so that the law would work."

    The believer complained not only about the MSS secret police, but of the
    religious affairs office in each regional hyakimlik (administration). "One
    of the officials is always a mullah, while the other is a normal official,"
    he told Forum 18. "They work with the police against religious communities,
    especially Jehovah's Witnesses, but not only them. It would be better if
    such offices didn't exist."

    He added that regional religious affairs officials insist on checking all
    religious literature received from abroad by post or confiscated from
    religious believers. "They told us that we could read our religious books
    but were banned from giving them to others."

    The believer said that Justice Ministry officials repeatedly reject
    registration applications citing "petty mistakes". "They also warn
    communities applying for registration that if they are caught violating the
    law three times their registration application will be cancelled."

    He said that religious communities without state registration cannot meet
    openly for worship. "Some communities have to meet in small groups so that
    they are not noticed."

    Forum 18 knows only of one Protestant church and a branch of it that were
    newly registered in 2007. Many mosques, especially Shia mosques, face
    registration difficulties, as do Armenian Apostolic, Protestant and
    Jehovah's Witness communities.

    Registered communities such as the Russian Orthodox Church are subject to
    state interference in their internal life, such as bans on receiving
    literature and pressure to isolate them from their fellow believers (see
    F18News 19 October 2007
    <http://www.forum18.org/Archive.php?articl e_id=1037>). Protestants have
    told Forum 18 of numerous unwritten controls on registered communities,
    including forced co-operation with the MSS secret police (see F18News 16
    February 2006 <http://www.forum18.org/Archive.php?article_id= 728>). Many
    communities are therefore reluctant to apply for state registration (see
    F18News 24 May 2006 <http://www.forum18.org/Archive.php?article_id= 787>).

    A religious believer with close ties in the country told Forum 18 from
    Moscow on 14 February that he has applied repeatedly in recent years to be
    able to visit fellow-believers in Turkmenistan. "I lodge my papers each
    time at the embassy saying I want to go there to meet my co-religionists,
    but they never even respond." Similarly, an exit ban is maintained against
    Turkmen citizens the authorities do not like (see F18News 31 May 2006
    <http://www.forum18.org/Archive.php?articl e_id=790>).

    Jehovah's Witnesses told Forum 18 that their attempts to send a delegation
    >From the United States to Turkmenistan have also got nowhere, despite a
    meeting in June 2007 with the Turkmen ambassador to the United States,
    Meret Orazov.

    Vyacheslav Kalataevsky, was pastor of a small independent Baptist
    congregation in his native city of Turkmenbashi [Türkmenbashy] (formerly
    Krasnovodsk), but was forced to leave Turkmenistan in December 2007. He
    said that Turkmenistan's Constitution already guarantees freedom of
    conscience. "The Religion Law and the Constitution are fine on paper - the
    problem is they are not being carried out."

    Kalataevsky complains that he and his fellow-believers have been punished
    for peacefully meeting for prayer and worship without state registration.
    In his case with deportation, then imprisonment, then deportation again
    (see F18News 10 January 2008
    <http://www.forum18.org/Archive.php?articl e_id=1069>).

    "During raids officers always refer to an order from above," he told Forum
    18 from Ukraine, where he is now living. "All we can do is guess where this
    order is from."

    Kalataevsky insists that harassment of religious believers who wish to
    worship peacefully is still going on, regardless of the change in
    leadership. He referred to the raid on a Baptist congregation in Balkanabad
    (formerly Nebitdag) in December 2007 as one example (see F18News 10 January
    2008 <http://www.forum18.org/Archive.php?article_id= 1069>).

    Pastor Kalataevsky also pointed out the rejection of his wish to return to
    Turkmenistan to live with his wife and children and to lead his
    congregation. He said that at the end of January 2008 his wife Valentina
    phoned the Migration Service to ask whether the invitation she had issued
    him on 6 December had been approved. "They told her verbally they had
    rejected the application but refused to say why and refused to put it in
    writing," Kalataevsky told Forum 18. "Of course my religious activity was
    the most important reason why I was expelled and not allowed back." He said
    he is now thinking of bringing his family to join him in Ukraine. "This is
    all that is left to us."

    Bayram Ashirgeldyyev - one of two Jehovah's Witnesses currently serving a
    suspended sentence for refusing compulsory military service on grounds of
    religious conscience - said that the introduction of a system of
    alternative civilian service is the biggest change he would like to see.
    "We are ready to help the state by performing an alternative service," he
    told Forum 18 from Ashgabad on 14 February, "as long as it is fully
    civilian, not military."

    Ashirgeldyyev expressed disappointment that neither he nor his fellow
    Jehovah's Witness Begench Shakhmuradov were included in the latest
    presidential amnesty, announced on 13 February in honour of Turkmenistan's
    flag day. "Begench and I don't know why we weren't included yet again." He
    told Forum 18 that the military commissariat is still refusing to give him
    the military card and stamp that he needs to be able to take up an offer of
    work he has received.

    However, another Jehovah's Witness Ashirgeldy Taganov was included in the
    amnesty. He was sentenced in Ashgabad on 18 December 2007 to an 18-month
    suspended sentence for refusing military service (see F18News 10 January
    2008 <http://www.forum18.org/Archive.php?article_id= 1069>). (END)

    For a personal commentary by a Protestant within Turkmenistan, on the
    fiction - despite government claims - of religious freedom in the country,
    and how religious communities and the international community should
    respond to this, see <http://www.forum18.org/Archive.php?article_id= 728>.

    For more background, see Forum 18's Turkmenistan religious freedom survey
    at <http://www.forum18.org/Archive.php?article_id= 672>.

    More reports on freedom of thought, conscience and belief in Turkmenistan
    can be found at
    <http://www.forum18.org/Archive.php?query=&a mp;religion=all&country=32>.

    A survey of the religious freedom decline in the eastern part of the
    Organisation for Security and Co-operation in Europe (OSCE) area is at
    <http://www.forum18.org/Archive.php?article_ id=806>, and of religious
    intolerance in Central Asia is at
    <http://www.forum18.org/Archive.php?article_ id=815>.

    A printer-friendly map of Turkmenistan is available at
    <http://www.nationalgeographic.com/xpedition s/atlas/index.html?Parent=asia&Rootmap=turkme& gt;.
    (END)

    © Forum 18 News Service. All rights reserved. ISSN 1504-2855
    You may reproduce or quote this article provided that credit is given to
    F18News http://www.forum18.org/

    Past and current Forum 18 information can be found at
    http://www.forum18.org/
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