Twenty Years and More: Twenty Years and More: Research into Minority Research into Minority

Religions, Religions, New Religious Movements and New Religious Movements and

'the New Spirituality''the New Spirituality'

INFORM and CESNUR in association INFORM and CESNUR in association with ISORECEAwith ISORECEA

April 16-20, 2008 - London School April 16-20, 2008 - London School of Economicsof Economics

Shifting Legal Frameworks for Shifting Legal Frameworks for Protection of Non-Traditional Religious Protection of Non-Traditional Religious Communities in Post-Communist LandsCommunities in Post-Communist Lands

Presiding and Introducing: W. Cole DURHAM, Jr. Presiding and Introducing: W. Cole DURHAM, Jr. (Brigham Young University, Provo)(Brigham Young University, Provo)

• The Changing Legal Setting for Religious Groups in The Changing Legal Setting for Religious Groups in RussiaRussia - Alexander VERKHOVSKY (Director, SOVA - Alexander VERKHOVSKY (Director, SOVA Centre for Information and Analysis, Moscow)Centre for Information and Analysis, Moscow)

• Position of Non-traditional Religious Communities Position of Non-traditional Religious Communities Following the Adoption of the Romanian Law on Following the Adoption of the Romanian Law on Religious Freedom and the General Regime of Religious Freedom and the General Regime of Religious DenominationsReligious Denominations - Romanita IORDACHE - Romanita IORDACHE (Human Rights Lawyer, Center for Legal Resources, (Human Rights Lawyer, Center for Legal Resources, Romania)Romania)

•   Religious Rights in the Georgian Setting Religious Rights in the Georgian Setting - Archil - Archil GIORGADZE (Head of Human Rights Protection Unit, GIORGADZE (Head of Human Rights Protection Unit, Office of the Prosecutor General of Georgia)Office of the Prosecutor General of Georgia)

Position of Non-traditional Religious Position of Non-traditional Religious Communities Following the Adoption of Communities Following the Adoption of the Romanian Law on Religious the Romanian Law on Religious Freedom and the General Regime of Freedom and the General Regime of Religious DenominationsReligious Denominations

by Romanita IORDACHEby Romanita IORDACHE

Full comment of Romanian Law published in Full comment of Romanian Law published in "österreichisches Archiv für recht & religion 2007, pp. 194-221". The article is "österreichisches Archiv für recht & religion 2007, pp. 194-221". The article is

available at available at http://www.univie.ac.at/recht-religion/archivhttp://www.univie.ac.at/recht-religion/archiv

Background of the Romanian Background of the Romanian 2006 Law2006 Law

• Situation of religious minorities prior Situation of religious minorities prior to 1948to 1948

• Religious freedom between 1948-Religious freedom between 1948-1989 – 14 state recognized/ 1989 – 14 state recognized/ controlled religious denominationscontrolled religious denominations

• Status of religious minorities Status of religious minorities between 1989 -2006 – 18 state between 1989 -2006 – 18 state recognized religious denominationsrecognized religious denominations

Status of religious minorities Status of religious minorities between 1989 - 2006 – between 1989 - 2006 – restrictive process based on restrictive process based on Decree 177/1948Decree 177/1948• State recognized religious State recognized religious

denominationsdenominations

• Religious denominations not recognized Religious denominations not recognized by the state:by the state:– No legal personalityNo legal personality– Registered as religious associations=NGOsRegistered as religious associations=NGOs– Attempts of being recognized as Attempts of being recognized as culteculte

•The case of Jehovah Witnesses – Supreme Court The case of Jehovah Witnesses – Supreme Court cases (4) + ECHR case –friendly settlementcases (4) + ECHR case –friendly settlement

Constitutional guarantees – Constitutional guarantees – Art.29Art.29• (1) Freedom of thought, opinion, and religious beliefs shall not be (1) Freedom of thought, opinion, and religious beliefs shall not be

restricted in any form whatsoever. No one shall be compelled to restricted in any form whatsoever. No one shall be compelled to embrace an opinion or religion contrary to his own convictions. embrace an opinion or religion contrary to his own convictions.

• (2) Freedom of conscience is guaranteed; it must be manifested (2) Freedom of conscience is guaranteed; it must be manifested in a spirit of tolerance and mutual respect. in a spirit of tolerance and mutual respect.

• (3) All religions shall be free and organized in accordance (3) All religions shall be free and organized in accordance with their own statutes, under the terms laid down by with their own statutes, under the terms laid down by lawlaw. .

• (4) Any forms, means, acts or actions of religious enmity shall be (4) Any forms, means, acts or actions of religious enmity shall be prohibited in the relationships among the cults. prohibited in the relationships among the cults.

• (5) (5) Religious cults shall be autonomous from the State Religious cults shall be autonomous from the State and shall enjoy support from it, including the facilitation and shall enjoy support from it, including the facilitation of religious assistance in the army, in hospitals, prisons, of religious assistance in the army, in hospitals, prisons, homes and orphanageshomes and orphanages. .

• (6) Parents or legal tutors have the right to ensure, in (6) Parents or legal tutors have the right to ensure, in accordance with their own convictions, the education of minor accordance with their own convictions, the education of minor children whose responsibility devolves on them. children whose responsibility devolves on them.

Adoption of 2006 law Adoption of 2006 law • Previous drafts – 4-5Previous drafts – 4-5• Stakeholders:Stakeholders:

– State recognized religious denominations – variety of State recognized religious denominations – variety of positions – approval by ROC/dissent of GCC positions – approval by ROC/dissent of GCC (conditioned), JW (rejected) & Baptists, Adventists – (conditioned), JW (rejected) & Baptists, Adventists – withdrew endorsementwithdrew endorsement

– Denominations not recognizedDenominations not recognized– International concerns: OSCE, Venice Commission, US International concerns: OSCE, Venice Commission, US

Helsinki CommissionHelsinki Commission– Domestic concerns: anti-religious groups and human Domestic concerns: anti-religious groups and human

rights NGOsrights NGOs

Voting process Voting process - tacit approval by Senate=no debate on the floor and - tacit approval by Senate=no debate on the floor and no voting no voting - Chamber of Deputies – slow process; surprise adoption - Chamber of Deputies – slow process; surprise adoption – one vote against, one abstention and majority pro– one vote against, one abstention and majority pro

Main provisions of the 2006 Main provisions of the 2006 lawlaw• No definition of religionNo definition of religion• Protection of Protection of forum internumforum internum• Art. 9 ECHR + legitimate aims for Art. 9 ECHR + legitimate aims for

limitations – “public security”limitations – “public security”• Three tier systemThree tier system• Preferential status of dominant ROCPreferential status of dominant ROC• Autonomy of state recognized religious Autonomy of state recognized religious

denominationsdenominations public utility status public utility status

Main provisions of the 2006 Main provisions of the 2006 law (2)law (2)• Art. 9 – quasi – Separation/ Neutrality/Equality ClauseArt. 9 – quasi – Separation/ Neutrality/Equality Clause

(1) There is no State Religion in Romania; the State is neutral (1) There is no State Religion in Romania; the State is neutral towards any religious persuasion or atheistic ideology.towards any religious persuasion or atheistic ideology.

(2) The denominations are equal before the law and public (2) The denominations are equal before the law and public authorities. The State, though its authorities, shall neither authorities. The State, though its authorities, shall neither promote nor support the granting of privileges or the promote nor support the granting of privileges or the

instatement of discrimination towards any denominationinstatement of discrimination towards any denomination..• Art. 13 – prohibition of religious defamation and Art. 13 – prohibition of religious defamation and

public offending of religious symbols public offending of religious symbols • Sensitive issue – restitution of religious assets seized Sensitive issue – restitution of religious assets seized

after 1948 – postponed (Art.30)after 1948 – postponed (Art.30)

Conditions for registration as Conditions for registration as first tier status – different first tier status – different standards standards • Previously recognizedPreviously recognized simplified procedure simplified procedure• Newcomers:Newcomers:

– religious associations that, “through their activities and religious associations that, “through their activities and number of worshipers, provide guarantees of number of worshipers, provide guarantees of sustainability, stability and sustainability, stability and public interest (?)public interest (?).”.”

– bylaws and canon codes of recognised denominations bylaws and canon codes of recognised denominations are to be recognised “insofar as they do not, in their are to be recognised “insofar as they do not, in their contents, threaten public security, order, health and contents, threaten public security, order, health and morality or the fundamental human rights and liberties.”morality or the fundamental human rights and liberties.”

– high high numerical threshold of 0.1 per cent of the numerical threshold of 0.1 per cent of the populationpopulation Romanian citizens residing in RomaniaRomanian citizens residing in Romania (approximately 22,000 people) to qualify for ‘religious (approximately 22,000 people) to qualify for ‘religious denomination’ status, = highest in OSCEdenomination’ status, = highest in OSCE

– a strict time-requirement of a a strict time-requirement of a 12-year waiting period12-year waiting period

Registration as religious Registration as religious associationsassociations

• 300 believers (only Romanian citizens or 300 believers (only Romanian citizens or residents in Romania) = 3 persons residents in Romania) = 3 persons establishing a NFP association establishing a NFP association impact on impact on management of temporal issues of religious management of temporal issues of religious communities (access to public subsidies, tax communities (access to public subsidies, tax exemptions, property, labor relations, exemptions, property, labor relations, relation with authorities – education, relation with authorities – education, pastoral support in detention, army, pastoral support in detention, army, hospitals etc.)hospitals etc.)

• Process- SSRA issues an opinion – 8 so farProcess- SSRA issues an opinion – 8 so far judgejudge

Impact of law on NRMsImpact of law on NRMs

• Duty to transform status for NRMs previously registered as Duty to transform status for NRMs previously registered as religious associationsreligious associations

• Restrictive criteria for registration for NRMs currently Restrictive criteria for registration for NRMs currently seeking legal status as first tier or second tier seeking legal status as first tier or second tier denominationsdenominations

• Disparate impact of some provisions of the law (prohibition Disparate impact of some provisions of the law (prohibition of offense against religious symbols, provisions on access of offense against religious symbols, provisions on access to graveyards, taxation, education, pastoral support etc.)to graveyards, taxation, education, pastoral support etc.)

• Encouraging further attacks – see decision of the national Encouraging further attacks – see decision of the national equality body following a complaint filed by Bahai in equality body following a complaint filed by Bahai in relation with the content of the Manuals of Religious relation with the content of the Manuals of Religious Education approved by the MoE which used offensive Education approved by the MoE which used offensive language in relation with NRMslanguage in relation with NRMs