FORUM 18 NEWS SERVICE, Oslo, Norway
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
========================================== ======
Monday 4 May 2009
NAGORNO-KARABAKH: "THEY CAN CONTINUE TO PRAY, BUT NOT MEET TOGETHER FOR
WORSHIP"
A Protestant community, Revival Fire Evangelical Church, has become the
first and so far only religious community to be denied legal status by the
unrecognised entity of Nagorno-Karabakh, Forum 18 News Service has learnt.
It is uncertain what practical impact this will have. Ashot Sargsyan, head
of the state Department for Ethnic Minority and Religious Affairs, told
Forum 18 that "they can continue to pray, but won’t have the right to meet
together for worship as before." Asked what would happen if they do meet
for worship, he responded: "The police will fine them and if they persist
they will face Administrative Court." This was contradicted by Yuri
Hairapetyan, the Human Rights Ombudsperson, who claimed that "they will be
able to function but simply won’t have legal status." Sargsyan claimed that
"the church worked against the Constitution and against our laws," but when
asked what court decisions had determined this replied that "no court has
reviewed this issue."
NAGORNO-KARABAKH: "THEY CAN CONTINUE TO PRAY, BUT NOT MEET TOGETHER FOR
WORSHIP"
By Felix Corley, Forum 18 News Service <;
In the wake of the first denial of registration under the new Religion Law
of the internationally unrecognised entity of Nagorno-Karabakh in the south
Caucasus, two officials have given Forum 18 News Service contradictory
views on whether religious communities that function without official
registration will be punished. "They can continue to pray, but won’t have
the right to meet together for worship as before," Ashot Sargsyan, head of
the government’s Department for Ethnic Minority and Religious Affairs, told
Forum 18 from the entity’s capital Stepanakert on 30 April. Asked what
would happen if they do so, he responded: "The police will fine them and if
they persist they will face Administrative Court."
However, Yuri Hairapetyan, the Human Rights Ombudsperson, insisted to
Forum 18 there will be "no repressive measures" against religious
believers. "No one will be banned for not having registration," he told
Forum 18 from Stepanakert on 30 April. "I’ll take concrete measures to
ensure this if necessary. If they don’t have registration, they will be
able to function but simply won’t have legal status."
The Religion Law – heavily based on the Religion Law of neighbouring
Armenia – was signed by Nagorno-Karabakh’s president Bako Sahakyan on 24
December 2008, was officially published on 30 December and came into force
ten days later on 9 January 2009.
The main restrictions in Karabakh’s new Law are: an apparent ban on
unregistered religious activity; state censorship of religious literature;
the requirement for 100 adult citizens to register a religious community;
an undefined "monopoly" given to the Armenian Apostolic Church over
preaching and spreading its faith while restricting other faiths to
similarly undefined "rallying their own faithful"; and the vague
formulation of restrictions, making the intended implementation of many
articles uncertain (see F18News 5 January 2009
< e_id=1236>).
Levon Sardaryan, the pastor of the Revival Fire Evangelical Church in
Stepanakert, the first and so far only religious community to be denied
registration, complains that this is "discrimination". "It’s a violation of
our human rights and freedom of religion," he told Forum 18 on 30 April.
Condemning the denial of registration is Albert Voskanyan, head of the
Centre for Civilian Initiatives in Stepanakert, who has long worked on
religious freedom issues. He said he fears that almost no religious
organisations will be allowed to register. "Then, using the lack of
registration and claiming that they are therefore functioning in violation
of the Religion Law, sanctions will be taken against them," he told Forum
18 on 30 April. "These will be in the form of warnings, fines, and after
several such punishments, criminal cases could be opened for wilful
violation of the Law."
Registration denial
The Revival Fire church began the process of registration on 2 February.
However, Pastor Sardaryan said Sargsyan’s department gave a negative
assessment on 20 February and the State Registry, which decides on
registration on the basis of the Department’s assessment, rejected the
application. "The Department said we use unapproved psychological pressure
on people, but this is not true," Pastor Sardaryan complained. He wrote
again to refute the allegations, citing testimony from 40 church members,
but Sargsyan insisted his view remained unchanged.
On 16 March the church wrote a protest to President Sahakyan, but Sargsyan
answered it in late March. "He said our arguments were unfounded and that
if we have any complaints we should challenge the registration denial in
court," Sardaryan said. He added that "of course" the church is preparing
to challenge the registration denial in court and seek help from
Hairapetyan, the Ombudsperson. "We intend to use all possible methods to
defend the rights of our church and church members," he told Forum 18. "But
we’re unlikely to succeed given the state’s attitude. The courts always
support the will of the government."
Pastor Sardaryan told Forum 18 that his church has not been banned, but
believes it will face "oppression" once the six-month registration period
given in the new Religion Law expires. "There’ll be oppression, but we
don’t yet know what they’ll do to us."
But Sargsyan of the Department for Ethnic Minority and Religious Affairs
vigorously defended his department’s negative assessment of the church
which led to the registration denial. "The church worked against the
Constitution and against our laws," he claimed to Forum 18. Asked what
court decisions had determined that the Revival Fire Church had broken any
law, he responded: "No court has reviewed this issue."
Asked how he could determine that the church had violated the law if
neither it nor its leaders has ever been found guilty in court, Sargsyan
replied: "We do have presumption of innocence, but it is the right of our
Department to prepare its assessment. We consider their activity to be
against the law. It’s up to them to prove that they’re not guilty." He
refused to specify which law he believes they have broken. He also
complained that they did not respect Armenian "traditional customs".
He admitted that he bases his views of such religious groups – which he
dubs "sects" – on a 1999 book "Contemporary Sects in Armenia" published in
Echmiadzin by a priest of the Armenian Apostolic Church, Fr Gevond Mailyan.
Sargsyan denied that this meant that the attitudes of one faith to other
faiths were used to determine official policy. "Where else can I find out
if a group is a sect or a genuine religious organisation? What document
should I use?"
Sarsgyan insisted that Revival Fire church is not registered in France or
Belgium, justifying his negative assessment.
However, Sargsyan claimed that his Department’s negative assessment did
not amount to a veto. "The decision on registration is taken by the State
Registry – anyone can challenge such decisions in court."
Catholics registered, what about others?
Sargsyan told Forum 18 that the Armenian Apostolic Church – granted a
privileged status in the Religion Law – does not need to register, given
that it is recognised as the national Church. He said the only religious
community to gain registration so far is the Armenian Catholic Church,
which registered a congregation on 19 March.
He said the Russian Orthodox Church, the Armenian Evangelical Church (led
by Pastor Arsen Manasyan), one Armenian Apostolic Church organisation and
the Jehovah’s Witnesses are preparing to lodge applications. He refused to
speculate on what his Department’s assessment of these communities will be.
Sargsyan has made public comments with implied criticism of the Jehovah’s
Witnesses in the past and has pledged that as long as he holds the post the
Jehovah’s Witnesses will not get registration (see F18News 5 January 2009
< e_id=1236>).
Answering questions on 17 April in the local "Azat Artsakh" newspaper, he
welcomed the fact that as an unregistered entity, and unlike Armenia,
Karabakh is able to ignore pressure from the Council of Europe and other
international bodies to register "religious sects". It was only in October
2004, three and a half years after Armenia joined the Council of Europe
that the Jehovah’s Witnesses finally received registration there (see
F18News 12 October 2004
< e_id=430>).
The Jehovah’s Witnesses in Armenia, with whom Karabakh’s Jehovah’s
Witnesses retain close ties, are helping to prepare the registration
application which they hope to lodge in late May, Lyova Markaryan told
Forum 18 from the Armenian capital Yerevan on 30 April. He said Sargsyan
made no comment to local Jehovah’s Witnesses when providing the documents
which need to be filled in and submitted.
Adopting a cautious approach is Asatur Nahapetyan, the General Secretary
of Armenia’s Baptist Union, which has six communities in various towns and
villages in Karabakh. "We haven’t applied for registration yet – there’s
still time," he told Forum 18 from Yerevan on 30 April. He is planning to
visit Sargsyan at the Department in Stepanakert in late May to find out if
separate registration in Karabakh is necessary. "Our communities in Armenia
and Karabakh are one body and we have state registration here in Armenia,
but if he says our communities in Karabakh need separate registration we
will apply."
Intrusive demands for information
According to the Department for Ethnic Minority and Religious Affairs
Instruction, seen by Forum 18, religious communities applying for
registration need to present extensive documentation and information for
the Department to be able to produce its assessment.
This includes: copies of a community’s Scriptures (communities without a
holy book are barred from applying for registration); a "complete and
brief" history of the religion both internationally and within Karabakh;
"Information about the specifics of the religion (in particular,
differences with similar communities), types and methods of preaching and
the enlistment of members; and "Information on guarantees for protection of
community members’ rights (in particular, freely leaving the membership) as
well as on the standings and stipulations, if there are any (in case there
are none, mention about it) related to family and marriage, licensed state
education, health care and civic duties".
Another requirement reads: "Describe the procedure of fulfilling the
sacrament. Provide written texts and description of the regular religious
services, fulfilment of festive, religious traditions and rites and prayers
(in case there is none, mention about it)."
Religious communities also need to supply organisational information
(names of leaders, what religious literature is published, together with
copies of it, religious education programmes) and the names, dates of
birth, passport numbers, home addresses, and telephone numbers of the 100
legal founders.
Religious communities are also required to certify that they do not allow
any children under the age of 18 to become community members nor impose on
them any of the "rights and responsibilities" of membership.
Markaryan of the Jehovah’s Witnesses is highly critical of the demands.
"Some of the questions are appropriate, but many are not," he complained to
Forum 18. "Why should we have to explain how our faith differs from those
of others?"
But Sargsyan of the Department defends the Instruction, which he says was
approved by the government on 8 January.
In addition to the Instruction, a separate Questionnaire seen by Forum 18
requires religious communities that have gained registration to submit
extensive annual information, including on: what activities the community
has undertaken and where; which other organisations or authorities it has
cooperated with; how membership numbers compare with those of the previous
year; and problems faced during the year. Copies of religious publications
are to be supplied with the annual return.
No alternative service
The new Religion Law does nothing to resolve the lack of an alternative to
military service which is compulsory for all young men. The most recent
imprisoned conscientious objector was Jehovah’s Witness Areg Hovhanesyan.
He was freed from prison in Shusha on 16 February after serving in full a
four-year prison term for refusing military service on grounds of religious
conscience (see F18News 5 January 2009
< e_id=1236>).
Muslim communities
Forum 18 is not aware of any currently existing Muslim communities, and
mosques in areas controlled by the Karabakh authorities are now abandoned.
This dates from the bitter war over the territory between the late 1980s
and early 1990s, when the Azeri and Kurdish populations were driven out.
(END)
Further coverage of freedom of thought, conscience and belief in
Nagorno-Karabakh is at
< mp;religion=all&country=22>.
A printer-friendly map of the disputed enclave of Nagorno-Karabakh is
available at
< s/atlas/index.html?Parent=asia&Rootmap=azerba& gt;
within the map titled ‘Azerbaijan’.
(END)
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