YET ANOTHER DRAFT LAW ON MISSIONARY ACTIVITY INTRODUCED INTO STATE DUMA

[Guest Kurt]

Igor Chernyshenko, member of the Federation Council Russia

Russian senator tries to limit recruitment by sects

YET ANOTHER DRAFT LAW ON MISSIONARY ACTIVITY INTRODUCED INTO STATE DUMA

SOVA Center for News and Analysis, 25 May 2016
 
Yet more amendments to the law "On freedom of conscience and religious associations", regulating missionary activity, have been introduced into the State Duma.
 
In late May 2016 it became known that on 21 April 2016, a draft law "On introducing amendments into the federal law 'On freedom of conscience and religious associations' (in the part defining the concept of missionary activity)" was introduced into the State Duma. A member of the Federation Council from Murmansk province, Igor Chernyshenko, acted as author of the draft law.
 
The amendments proposed by him introduce a definition of missionary activity and provide the possibility of conducting such activity for representatives of registered religious organizations only. In addition, the amendments require religious organizations to inform government agencies "about the arrival of their representatives for conducting missionary activity on the territory of the corresponding constituent element [subject] of the Russian federation."
 
In an explanatory note, the author of the draft law cites an order of the Russian Constitutional Court of 1999 which says that "the state has the right to provide definite limits so as to prevent the legalization of sects that violate human rights and commit illegal and criminal acts," and also a number of foreign "antisectarian" normative acts. "The multiconfessional way of life that has developed in the Russian federation is historically conditioned. At the same time, new religious movements and sects are continually arising, which often use rather 'aggressive' means of attracting new members into their ranks. And interest in Russia on the part of foreign religious associations has not abated. Their intrusive activity often leads to the violation of the rights and liberties of citizens," the document says.
 
The author is sure that "the changes proposed by the draft law will not create impediments to the conduct of missionary activity by religious organizations that are registered on the territory of the Russian federation in the established procedure, if such activity does not violate the rights and legal interests of citizens."
 
We recall that similar amendments were introduced in February 2016 for State Duma consideration by deputies of the Arkhangelsk provincial assembly, but the draft law still has not even come to a first reading.
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Background articles: 

Russian parliament preparing restrictions on new religious groups

WORKING GROUP FOR COMBATING SECTARIANISM TO BE CREATED IN STATE DUMA

RIA Novosti, 25 February 2016
 
Deputies of the State Duma on Thursday at a session of the interfractional deputies' Group for Protection of Christian Values made a decision to create a working group for combating sectarianism in Russia, a report from the press service of the coordinator of the interfractional group, Sergei Gavrilov, says.
 
Mikhail Markelov, a deputy from United Russia and a member of the interfractional group, noted in the session that at the present time sects are expanding their presence in various constituent elements (subjects) of Russia, and more and more new converts of these organizations are appearing.
 
At the same time the legislation lacks a definition of "sect," and introduction of such a term and special law has both supporters and opponents. Markelov noted that "critics of the appearance of such a law appeal to the fact that there is no Supreme Court determination, and because of this it is impossible to adopt one." He said that because of the lack of such a definition, developers of a legislative idea against sects have often entered a dead end.
 
"I have a suggestion to create a working group of members of our deputies' group and those deputies who already have introduced their own legislative initiatives intended to combat sects," Markelov noted at the session. Coordinators approved the creation of such a working group.
 
"All of this is correct, but we need to work not only in the direction of developing a methodology for law enforcement agencies for identification and prevention of destructive sects that are connected not only with citizens' property interests, but we need to begin discussion of issues involving the manipulation of mass consciousness, including propaganda for anti-Russian activity," Gavrilov needed.
 
"We recall the dangerous role played by sects in the revolution in Ukraine and the activity that they conducted for suppression of Orthodox interests in Ukraine now. I would hope that Mikhail Yurevich Markelov would head this group and we will provide him comprehensive support," the legislator also emphasized.
Russian parliament takes aim at new religious movements
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SECTARIAN BOMBSHELL
Sects are real business at expense of parishioners'  money and property
by Tatiana Zykova
Rossiiskaia Gazeta, 19 February 2016
 
A law is being developed which is supposed to protect Russians from the influence of sects, Rossiiskaia Gazeta was told in the Inter-fractional Deputies Group for Defense of Christian Values. Representatives of all four duma fractions are working on the document.
 
A session of the groups is scheduled for next week, where a future draft law will be discussed.
 
This year Rossiiskaia Gazeta has already published a series of articles about the activity of sects and about the kind of harm they cause to the spiritual and psychological health of Russians. And financial also—adds the chairman of the State Duma Committee on Issues of Property, the coordinator of the Inter-fractional Deputies Group for Defense of Christian Values, Sergei Gavrilov.
 
--[R.G.] Sergei Anatolievich, how many sects do we have so that it is necessary to develop a special law against them?
 
--[S.G.] According to our estimate, from 300 to 500 sects are active in Russia that involve up to 800,000 persons, mainly youth. The most active sects have centers in the USA and they are being financed from there. That is about a billion dollars. The majority of religious associations have been transformed into full-fledged profit-making business. The sources of financing are cash, through couriers and electronic and cash transfers.
 
As a rule, the religious activity itself is not being financed, but the so-called evangelistic quasi-social projects. For example, introduction into schools through preparation of textbooks. Often a mass of relevant literature is introduced into the country under the guise of aid to the disabled. It is distributed in underground walkways and near shops. It is distributed through mailboxes.
 
Numerous financial "pyramids," seizure of money and property—that's the other side of the coin of the activity of sects.
 
--But people contribute voluntarily. Nobody is forbidden to dispose of their own property. How do you deal with this?
 
--We should understand that, when falling into a sect, people part with their property in an entirely involuntary way. And one must see this difference.
 
The methods of work of many sects is constructed on fraud and extortion with the use of psychic and psychological force and coercion. Some of them directly urge citizens to sell their apartments. Or to settle in the woods and seek salvation there. We have now more than three dozen such "eco-settlements," where the right to reside costs about 30,000 dollars.
 
Judicial practice shows that persons who were victimized by sects (including relatives of those who have fallen into a sect) often turn to courts for reclaiming property—automobiles, household items, apartments, private homes—from illegal possession. And also for finding transactions for alienation or transfer of property rights to be null and void.
 
In addition, there are numerous criminal cases based on fraud in the conduct of real estate transactions. Existing rules make it difficult to apply to organizations that through coercion encourage citizens to transfer financial assets and other property to the benefit of a sect. We definitely must eliminate this gap.
 
--But our legislation does not have the concept of a "sect."
 
--That is so. There is the concept of a "religious group," and a "religious organization." Even when we prohibit in court or by a judge the leaders of misanthropic sects or cults, we call them destructive, totalitarian, and extremist religious groups and organizations.
 
Such an approach is now outdated. It is even inappropriate to apply the term "religious" to such organizations, because they have an entirely different character.
 
--And how do you propose to combat all of this?
 
--We have proposed to the Security Council of the RF, power structures, and the Ministry of Justice to work out together new methods, technologies, and criteria of compliance whereby religious activity and access to work with youth and children are certified. Among the certifying criteria are use of psychotechnical influence of consciousness and attempts to seize property from citizens. And the organizers should be examined for extremism. Foreign financing should be excluded or controlled. That is, each foreign transfer is to be explained and re-examined.
 
This requires systematic work of the Ministry of Justice and Rosfinmonitoring, the FNS, and the Ministry of Education, under the supervision of the Security Council. It is necessary to train and educate personnel.
 
--But they all are now not sitting on their hands.
 
--Absolutely. But for now we are "beating their tails." And we must prevent the growth of sects that threaten the country. Some conceal themselves as clubs or courses for improving intellectual level, or traditional religions.
 
Some count on elderly single people. Others work with intellectuals. They put psychological pressure on people under the guise of various courses and lectures, "How to make a million fast," "How to become a leader," and  "How to overcome crisis." Many sects work "underground," so they must be exposed and purged. Nowadays even special services are exposing occultic sects years after the beginning of their activity.
 
And what do we have against their organizers? Small fines of up to 300 thousand and corrective labor. Punishment must be made more harsh.
 
--And it still is not quite clear how to combat all of this legislatively?
 
--The changes that deputies are preparing deal with laws about combating money laundering, freedom of conscience, and the criminal code.
 
New preventive measures propose work with the populace, especially with youth. The draft law indicates that the activity of religious organizations that have been active for less than 25 to 30 years should be under special supervision.
 
Any valid religious activity should be certified. And people who begin to work as they calculate in the religious services market must understand that from the start they are under strict supervision of the state and will be examined for extremism.
 
There is no profound assessment of this problem in Russia. We have ordered such a study. And the discussion of the draft law will be conducted with maximum openness.
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Controversial bill on evangelism introduced in Russian parliament

EXPERTS DIFFER IN OPINION ABOUT LEGISLATIVE CONTROL OF PREACHERS

RIA Novosti, 17 February 2016
 
A draft law defining in federal legislation the concept of missionary activity has evoked a mixed reaction among representatives of religious organizations and experts questioned by RIA Novosti. Some see in it a long-needed measure; to the contrary, others declare it to be in contradiction with the constitution of the Russian federation.
 
The authors of the draft law introduced this week into the State Duma—the Arkhangelsk provincial assembly of deputies—want to supplement the existing law "On freedom of conscience and religious associations" with an article entitled "Missionary activity." The initiators explain that in its current form the legislation does not adequately regulate the legal relations connected with the procedure for conducting missionary activity and it lacks in particular control of the activity of "missionaries, including those who have come from abroad and are preaching on Russian territory."
 
"I remind you that Russia is a secular state, where all religious organizations have equal status. Their activity is regulated by the law 'On freedom of conscience,' into which it is proposed to introduce changes. I suppose that there already now is a negative conclusion by the government," Yaroslav Nilov, a deputy of the LDPR fraction and head of the duma's Committee on Affairs of Public Associations and Religious Organizations, told RIA Novosti. He said that this may be because when it has successfully gone through state registration a religious organization has the right "to implement the goals of its charter, which are guaranteed by the constitution." He said that such goals include the dissemination of the faith, conduct of educational events, implementation of canons, conduct of ceremonies, and "engagement in such activity as may be called missionary activity."
 
Therefore, the deputy suggests, the government has considered that to prescribe in addition the concept of "missionary activity" in the law is "excessive."
 
The news agency's interlocutor assured that the standing committee "has an obligation to discuss and to determine future prospects" of the legislative initiative. He also noted that a number of legislative assemblies have adopted similar regional laws.
 
Position of Religious Organizations
 
The Russian Orthodox Church has declared that it does not support the initiative of the Arkhangelsk deputies. The director of the Legal Service of the Moscow patriarchate, Hegumena Kseniia Chernega, reported that a similar draft law was prepared by the cabinet of ministers several years ago. The initiative for regulating missionary activity—which is first of all illegal—belonged, she said, not to the church but to the Ministry of Justice.
 
"We rejected this idea since there were many subjective concepts," Chernega stated, explaining that at the time there was talk, for example, about problems in determining the affiliation of a person with one or another confession or who is a representative of a religious organization. "We are talking, in such a case, about the persons who act with authorization or who are leaders of religious organizations, clergy," the director of the Legal Service of MP explains.
 
Chernega thinks that the constituent elements of the country [subjects] cannot be given the right to regulate missionary activity. This violates the constitution and "may seriously infringe the rights of citizens."
 
The first vice-chairman of the Ecclesiastical Board of Muslims of Russia, Damir Mukhetdinov, told RIA Novosti the performance of missionary activity is nothing other than "the obligation of the true Muslim." He emphasized that this is "a very difficult topic," since, on one hand, one is talking about an attempt to combat preaching activity of "destructive sects and movements," and, on the other hand, this deals with questions of doctrine that require a definite point of view of theologians and religious leaders.
 
"In such a case, we will have to change the religious imperatives themselves since after all the charters of the ecclesiastical boards of Muslims say that their purpose is to spread their religion, that is, to engage in missionary activity," Mukhetdinov thinks. In his view, legislative limits on missionary activity "will not be accepted by believing people," since they will take away from them one of the primary dogmatic functions: "to bear the word of God."
 
Opinion of Experts
 
In his turn, the senior scientific associate of the Institute of State and Law of the Russian Academy of Sciences, Leonid Siukiyainen, suggests that legislative regulating of the activity of missionaries "is possible in principle." "In the past 20 years there have been many situations which evoked the desire and necessity of adopting such legislative acts. They have been adopted in a number of constituent elements of the Russian federation. We know the situation that troubles the Russian Orthodox Church and we know many sensitive issues that are connected with Muslim religious organizations. Therefore I think that it may make sense to regulate this," the legal expert said. At the same time, he emphasized that the regulation should be accomplished without violation of provisions of the chief law of the country and not contradict relevant European documents on this topic that Russia also has signed.
 
The necessity of adopting a law on the federal level was previously stated by the president of the Russian Association of Centers for the Study of Religions and Sects, Alexander Dvorkin. The religious studies expert explained that such a measure would be aimed, in the first place, not at sectarians but at organizations in whose name they are conducting their mission. He said that imprisonment of individual members of sects is "an extremely undesirable development of things," since sects "dream that their members would receive real prison terms," so that then they can "talk about persecution of religion in Russia." 

 

TEXT OF AMENDMENT OF RELIGION LAW

Introduced by Arkhangelsk provincial Assembly of Deputies
 
Draft
 
RUSSIAN FEDERATION
FEDERAL LAW
 
On introducing changes into federal law "On freedom of conscience and religious associations"
 
Article 1
 
To introduce into chapter II of the federal law of 26 September 1997 "On freedom of conscience and religious associations" a change, adding to it article 5.1 of the following contents:
 
Article 5.1 Missionary activity
 
1. Missionary activity means informational and organizational activity of representatives of religious associations, and also of persons distributing religious literature and other items of religious significance, produced by religious associations, directly or indirectly intended for the dissemination of their teaching and religious practice on the territory of the Russian federation among persons of a different faith and/or nonbelievers.
2. A missionary is a person who conducts missionary activity on the territory of the Russian federation.
3. Informational missionary activity is activity of missionaries aimed at announcing, popularizing, and disseminating any religious views, notions, and religious practice by oral, printed, electronic, and other means.
4. Organizational missionary activity is activity of missionaries aimed at the creation of organized religious structures (associations), training of specialists, organizing and conducting religious events, and creation of other conditions for accomplishment of missionary activity.
5. Religious associations have the right to conduct missionary activity.
The procedure for conducting missionary activity by a religious association on the territory of a subject [constituent element] of the Russian federation is established by legislation of a subject of the Russian federation.
 
Article 2
 
The present federal law becomes effective from the day of its official publication.
 
V.V. Putin,
President of the Russian federation
Moscow, Kremlin
Russian original posted on official site of State Duma, 15 February 2016
 

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RUSSIAN GOVERNMENT EVALUATES DRAFT NEGATIVELY

Pravitelstvo Rossiiskoi Federatsii, 5 February 2016
 
CONCLUSION
 
on draft of federal law “On introducing changes into federal law ‘On freedom of conscience and religious associations,’ introduced into the State Duma by the Arkhangelsk provincial Assembly of Deputies
 
In accordance with part 3 of article 104 of the constitution of the Russian federation, the government of the Russian federation reviewed the draft of the federal law, taking into account the financial and economic basis presented.
 
The draft law proposes to establish the concept of missionary activity as informational and organizational activity of religious associations, conducted with the aim of disseminating their teaching and religious practice on the territory of the Russian federation among persons of a different faith and nonbelievers. It is also proposed that the procedure of performing such activity by a religious association on the territory of a subject of the Russian federation is determined by legislation of the subject of the Russian federation.
 
In accordance with article 28 of the constitution of the Russian federation, each person is guaranteed freedom of conscience and freedom of religious confession, including the right to profess individually or jointly with others any religion or not to profess any, and to choose freely and hold to and disseminate religious and other convictions and to act in accordance with them.
 
According to article 3 of the federal law “On freedom of conscience and religious associations,” freedom of conscience and freedom of religious confession, including the right to choose freely and change, hold to, and disseminate religious and other convictions and to act in accordance with them, including creating religious associations, are guaranteed in the Russian federation. The right of a person and citizen to freedom of conscience and freedom of religious confession may be limited by federal law only to the extent that is necessary for purposes of protecting the foundations of the constitutional system, morality, health, rights and legal interests of person and citizen, and ensuring the defense of the country and security of the state.
 
In accordance with article 6 of the federal law “On freedom of conscience and religious associations,” religious associations are formed for purposes of joint confession and dissemination of the faith.
 
In this way, the legislation of the Russian federation regulates the issue of the activity of religious associations for purposes of disseminating the faith to a sufficient extent.
 
In addition, the provision of the draft law granting the right to subjects of the Russian federation to determine legislatively the procedure for conducting missionary activity by religious associations is not consistent with article 71 of the constitution of the Russian federation, in accordance with which regulating and protecting the rights and freedoms of person and citizen is within the competence of the Russian federation, which ensures the function of the principle of the equality of citizens throughout the territory of the Russian federation.
 
On the basis of the foregoing, the government of the Russian federation does not support the draft law that has been presented.
 

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Moscow patriarchate behind bill restricting missionaries?

ON THE ROAD TO BANNING FAITH?

ReligioPolis, 17 February 2016
 
The Assembly of Deputies from Arkhangelsk has offered to the State Duma a draft law "On the concept of missionary activity." The source of this strange legislative initiative may be supposed to be last year's wish by the RPTsMP to apply the concept of "foreign agent" to religious organizations.
 
The suggestion of the Arkhangelsk deputies consists in the necessity of a definition of the concept of "missionary activity" and the granting to constituent elements of the federation the right to establish a procedure for conduct of missionary activity by a religious association, RIA Novosti reports.
 
According to an explanatory note accompanying the draft, "at the present time there is a lack of a mechanism for control of the activity of missionaries, including those having come from abroad, preaching on the territory of Russia." Therefore, in the opinion of the lawmakers from Arkhangelsk, "protection of citizens of the RF and of religious associations from the actions of persons who are conducting missionary activity, preaching religious views in the name of religious associations while not being authorized by religious associations for said activity is now a priority for agencies of state authority and for representatives of the Russian Orthodox Church and other traditional confessions of the country." The deputies cite the example, apparently, of legislation of Belgorod province, in which there are signs on unconstitutionality, thinking that "adoption of the draft law will permit regulating the activity of religious associations that are conducting missionary activity on the territory of the RF and also will facilitate the protection of the constitutional rights of citizens of the country."
 
Of course, few people today can be surprised by the already familiar mixture of illiteracy and clerical involvement of a group of "people's deputies." But nevertheless deputies taking up issues connected with religion should know that the concept and the term signifying it of "missionary activity" has long existed in academic religious studies and stands for a quite definite collection of indicators. As an inseparable property of religious communities and people, missionary activity also is guaranteed to religious organizations by pertinent articles of the constitution of the RF and the federal law "On freedom of conscience and religious associations."
 
The chief indication of the stupidity of the very thought of restricting (and it is this that the draft law is aimed at) of rights of citizens and people on the whole for free confession of one's faith (which also involves missionary activity essentially) appears in the attempt to gradate various religious confessions according to the views of the deputies themselves, or of the clerical lobby supporting the restriction of religious liberty in the Russian federation.
 
In all likelihood, the appearance of this idea might have been conditioned not by legal but by political and ideological causes, which are dictated by the general trend toward isolation and conflict provoked by attempts to justify unqualified administration in the country. One of the catalysts of the process of introducing into legislation inappropriate rules for the sake of momentary relief of artificially created problems could obviously be the initiative proposed by the RPTsMP in August 2015.
 
The initiative for introducing the concept of "foreign agent" for religious organizations at that time was voiced during a meeting of the deputy chairman of the synod's evangelism department, Hegumen Serapion, with deputies of the State Duma. Citing the rule that was introduced in 2012 into Russian legislation requiring political non-commercial organizations that are financed from abroad to be registered as foreign agents, the monastic cleric suggested in this vein "to examine the issue with respect to religious organizations also." At the same time, the deputies were not confused by the contradiction between the "evangelism department" he represented, which is intended profess Orthodoxy, and functions not characteristic of such a mission.
 
It is appropriate to specify that the event at which the church bureaucrat made this declaration was a "round table" in the State Duma on the topic "Sects and destructive cults as challenges to the national security of Russia." And at the same time to recall that the mythology about the "danger" that is represented for Russia by the religious mission that is fulfilled legally by religious organizations that are registered by the Russian Ministry of Justice is carefully inculcated by clerical "missionaries" in the process of infringing the rights of and persecuting Russian Orthodox outside the jurisdiction of the RPTs, protestants, Jehovah's Witnesses, Mormons, adherents of Hinduism, proponents of the revival of traditional paganism, and the rest.
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Number of Russian provinces regulating evangelism by foreigners to grow

LAW ON MISSIONARY ACTIVITY ADOPTED IN ARKHANGELSK PROVINCE

SOVA Center for News and Analysis, 22 October 2015
 
Arkhangelsk deputies adopted on first reading a law regulating missionary activity on the territory of the province.
 
On 22 October 2015 the Provincial Assembly adopted on first reading the law "On missionary activity on the territory of Arkhangelsk province."
 
As deputy Alexander Diatlov explained, the goal of the new law is "to protect residents of Arkhangelsk province from actions of persons conducting missionary activity and preaching religious views in the name of religious organizations who do not have authorization from religious organizations for said activity. In Arkhangelsk province at the present there do not exist mechanisms of control over the activity of missionaries who come from abroad and are preaching on the territory of Arkhangelsk province."
 
The law requires missionaries to inform officials about the start of their activity and it defines a list of documents that missionaries must present to the authorizing body.
 
We recall, similar laws are in effect in Belgorod, Kursk, Voronezh and several other provinces. At the same time, a number of regions have rejected laws regarding missionary activity in view of their ineffectiveness. 
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DEPUTIES ADOPT ON FIRST READING LAW ON MISSIONARY ACTIVITY IN ARKHANGELSK PROVINCE

Dvinainform, 22 October 2015
 
At the twentieth session of the provincial assembly, the law "On missionary activity on the territory of Arkhangelsk province" was adopted on first reading.
 
The draft law was introduced in the form of a legislative initiative by provincial assembly deputies Alexander Diatlov and Ekaterina Pozdeeva. It contains a definition of the concepts of "missionary activity," "missionary," "informational missionary activity," and "organized missionary activity," and it establishes the procedure for conducting and terminating missionary activity on the territory of Arkhangelsk province.
 
"The draft law is aimed at protecting residents of Arkhangelsk province from actions of persons who conduct missionary activity and preach religious views in the name of religious organizations, without having authorization from religious organizations for said activity. In Arkhangelsk province at the present there do not exist mechanisms of control over the activity of missionaries who come from abroad and are preaching on the territory of Arkhangelsk province," deputy Alexander Diatlov explained the essence of the draft law.
 
Missionaries will be required to inform authorities about the start of the performance of missionary activity. There also is defined a list of documents that must be presented to the authorizing body by a missionary before the start of performance of missionary activity. The adoption of the provincial law "On missionary activity on the territory of Arkhangelsk province," Alexander Diatlov said, will permit regulating the activity of religious associations that are performing missionary activity on the territory of Archangelsk province.
 
Similar laws have been adopted in a number of constituent elements ["subjects"] of the Russian federation: Kursk, Belgorod, Smolensk, Voronezh, Kostroma, Pskov, Novgorod provinces, the Jewish autonomous oblast, and the republic of North Ossetia—Alania, the press service of the provincial assembly reports.
 
The draft law evoked harsh disputes among deputies. The majority spoke in favor of the adoption of the law on first reading on condition of its improvement for the second reading. At the same time, doubts arose about the legal effectiveness of a legislative act, inasmuch as thus far there has been no decision of the Supreme Court of the Russian federation about whether constituent elements of the federation may adopt such laws or whether this is the prerogative of the federal center.
 
At the conclusion of lengthy discussion, the bill was adopted on first reading.

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