Legal and policy framework
The Constitution and the law provide for freedom of religion; however, the Government restricted the activities of radical Islamic groups it considered to be threats to security. The Constitution provides for the separation of religion and state. The new Constitution, adopted on 30 December 2006, defines the country as a sovereign, unitary, democratic social state based on the rule of law; the previous Constitution had also defined the country as "secular". A 6 May 2006 decree recognized Islam and Russian Orthodoxy as "traditional religious groups".
Article 5 of the "Law On Religious Freedom and Religious Organizations" affirms that "the State does not interfere with the activity of religious organizations that adhere to established laws; does not allow for establishing advantages or restrictions of one religion over another; does not finance the activity of religious organizations and activity of propagating Atheism."
Article 8 of the Constitution prohibits the formation of political parties on religious and ethnic grounds, as well as activities of religious organizations that jeopardize the state, constitutional system, or national security. Article 85 of the Constitution provides the Constitutional Court with the authority to determine the constitutionality of a religious organization's activities.
The Government recognizes two Muslim holy days (Kurman Ait or Eid al-Adha, and Orozo Ait or Eid al-Fitr) and one Russian Orthodox holy day (Orthodox Christmas) as national holidays. The President and the Government send greetings to Muslims and Orthodox adherents on their major holy days, and the greetings are printed in the mass media.
Established in 1993, the Muftiate (or Spiritual Administration of Muslims of Kyrgyzstan-SAMK) is the highest Islamic managing body in the country. The Muftiate oversees all Islamic entities, including institutes and madrassahs, mosques, and Islamic organizations. The Mufti is the official head of the Muftiate and is elected by the Council of Ulemas, which consists of 30 Islamic clerics and scholars. A Muftiate-established commission reviews and standardizes Islamic educational literature printed and distributed in the country and reviews new books on Islamic themes prior to publication. The Muftiate has the authority to ban publications that do not meet the established standards, an initiative it started and the Government supports.
SARA is responsible under the law for promoting religious tolerance, protecting freedom of conscience, and overseeing the application of laws on religion. The President appoints the Director, and the Prime Minister appoints the deputies of the agency. In June 2006 SARA moved its offices to the city of Osh in the south to be closer to the more religious part of the country.
A 1997 presidential decree requires the registration of all religious organizations with the Ministry of Justice (MOJ), following approval from SARA. SARA can deny or postpone the certification of a particular religious group if SARA believes the proposed activities of that group are not religious in character. Unregistered religious organizations are prohibited from actions such as renting space and holding religious services, although many hold regular services without government interference.
Organizations applying for registration must have at least 10 members who are adult citizens and must submit an application form, organizational charter, minutes of an institutional meeting, and a list of founding members to SARA for review. SARA then provides a recommendation to the MOJ for approval or rejection of the registration application. Recommendation for rejection occurs when a religious organization does not comply with the law or is a threat to national security, social stability, interethnic and interdenominational harmony, public order, health, or morality. An applicant whose registration is denied may reapply and may appeal to the courts. The registration process with SARA is often cumbersome, taking a month to several years for completion. Each congregation must register separately.
If approved, a religious organization then must complete the registration process with the MOJ to obtain status as a legal entity, which is necessary to own property, open bank accounts, and otherwise engage in contractual activities. If a religious organization engages in commercial activity, it is required to pay taxes. In practice the MOJ has never registered a religious organization without prior approval by SARA. SARA reported that its staff continued to travel around the country to help unregistered religious entities prepare applications for registration.
According to SARA, there were 2,113 registered religious entities, including mosques, churches, foundations, non-governmental organizations (NGOs) of a religious nature, and religious educational institutions. SARA identified 1,742 Islamic entities, 46 entities of the Russian Orthodox Church, and 304 other "nontraditional" houses of worship, including 2 Russian churches of "Old Belief", 3 Catholic churches, 1 synagogue, 1 Buddhist temple, and 297 Protestant churches (48 Baptist, 21 Lutheran, 49 Pentecostal, 30 Adventist, 35 Presbyterian, 43 "Charismatic", 49 Jehovah's Witnesses, and 22 "other" Protestant churches). According to SARA, there are 21 "other religious entities" including 12 Baháʼí centers, 21 religious centers of "other foreign confessions", 13 religious schools, and 7 religious foundations and unions.
Members of registered religious groups may fulfill alternative military service; it was reported in the press in 2005 that approximately three thousand persons apply annually.
Missionaries of various religious groups operate freely, although they are required to register. Since 1996 SARA has registered more than 1,133 foreign citizens as religious missionaries. All religious entities founded by a foreigner must re-register each year with SARA, although the process is much less cumbersome than the initial registration. Missionaries are only required to register with SARA once.
The 1997 Law on Religious Freedom and Religious Organizations forbids the teaching of religion (or Atheism) in public schools. In 2001 the Government instructed the SCRA to draw up programs for training clergy and to prepare methodologies for teaching about religious groups in public schools. These instructions came in response to concerns about the spread of Wahhabism and what the Government considered unconventional religious sects. The SCRA turned to a number of religious organizations for their ideas on introducing religious education; their reaction generally was negative, as they preferred to retain responsibility for the religious education of their adherents. SARA indicated that it was still developing a curriculum to teach about religious groups, in cooperation with the Ministry of Education and several academic institutions. An 9 August 2006 press report indicated that the Government planned to introduce religious education into the secondary school curriculum; however, there had been no implementation of this plan by the end of 2007. Under the auspices of the Muftiate, volunteers called Davatchi visited villages in the south to teach traditional Islamic values.
The Islamic University oversees all Islamic schools, including madrassahs, to develop a standardized curriculum and curb the spread of extremist religious teaching.
Since 2001 the Government has worked with representatives of various religious groups and NGOs on a draft law "On Freedom of Conscience and Religious Organizations", ostensibly in response to concerns about terrorism and other illegal activities committed by groups disguised as religious organizations. In May 2006, a group of parliamentary deputies proposed a different draft bill.
The August 2005 law on "Countering Extremist Activity" seeks to "halt extremist activities by religious organizations or groups." Law enforcement officials have acted under this law to detain members of banned organizations, such as Hizb-ut Tahrir (HT), for distributing leaflets and other materials deemed to be of an extremist nature.
Restrictions on religious freedom
The Government continued to express concern publicly about groups that it viewed as extremist because of either radical religious or political agendas. The Government was particularly concerned about the threat of political Islam, whose followers (Islamists) it labels "Wahhabists". The Government perceives radical Islamists to be a threat to national stability, particularly in the south, and fears that they seek to overthrow the government and establish an Islamic theocracy. Armed incursions in 1999 and 2000 by members of the Islamic Movement of Uzbekistan (IMU), a terrorist organization, and more recent incursions by unidentified terrorists in May 2006 increased the Government's concern regarding political Islam and the actions of militant Islamic groups.
In 2003 the Supreme Court sustained the ban on four political organizations, imposed because of extremism and alleged ties to international terrorist organizations: Hizb ut-Tahrir (HT), the Islamic Party of Turkestan, the Organization for Freeing Eastern Turkestan, and the Eastern Turkestan Islamic Party.
Several religious groups had difficulties registering. The Church of Jesus Christ of Latter-day Saints (Mormons), which initially applied for registration with SARA in August 2004, was still not registered at the end of 2007. Leaders of the Hare Krishna temple in Bishkek, after attempting unsuccessfully to register several times in the last 2 years, planned to resubmit the application for registration once the location of their new temple was confirmed.
Several churches in Tash-Kumyr, At-Bashi, Osh, and Jalalabad continue to wait for registration, despite numerous meetings with SARA officials and submissions of applications. Church leaders attributed previous delays to the submission of improper documentation and information during the application process. On 1 December 2006, SARA refused registration of the Baptist Church in Kara-Kulja, citing the local population's petition to SARA to prevent the church from staying open (see section 3).
According to church officials, the local community and government officials attempted to pressure Dzhanybek Zhakipov, the pastor of the Pentecostal Church of Jesus Christ in Jalalabad, to close down his church in July 2006. Local law enforcement officials reportedly "tormented" the pastor after receiving complaints by relatives of Christian converts who belonged to his church. SARA officials showed the pastor a petition with 500 signatures requesting that the church be shut down. After court proceedings, a Jalalabad judge ordered SARA to register the church. The church continued to operate, and there were no reports of further pressure.
The Unification Church remained active, despite the SCRA suspension of its activities in 2003 for registration irregularities, a ruling upheld in an appeal to the Bishkek City Court.
Although the Government monitored, including by filming, Protestant and Muslim religious groups in the past, there were no reports of surveillance during the period covered by this report. There were unconfirmed reports that law enforcement officials monitored the activities of missionaries.
In 2007, a Baptist pastor reported several cases of their foreign missionaries being denied visas or facing visa delays when attempting to visit the country.
On 21 February 2007, news agency Ferghana.ru reported that school administrators and teachers at the Kyzyljar School of the Jalalabad Oblast prohibited two female students from attending class because the students refused to remove their hijabs. A similar incident occurred in a neighboring village. Parents at both schools protested the prohibition of hijabs but the dispute continued throughout 2007. In December 2005 the Jalalabad city education department banned the wearing of hijabs in that city's schools. Several parents protested the move and demanded that the ban be lifted. SARA's stated position was that students, who for religious reasons choose to wear clothing that would indicate adherence to a particular religion, may attend religious schools.
According to news agency RFE/RL, Mutakalim, a Muslim women's NGO, requested a change in the legislation that bans females from wearing Islamic headscarves in official passport photos. The Government defended the current law as being a national security measure and rejected a petition from the group for lacking a sufficient number of signatures.
On 10 March 2007, State National Safety Committee (GKNB) officers in Jalalabad seized a warehouse containing Bibles owned by a Baptist church. The authorities told church administrators that the seizure was for the purpose of "expert examination". The GKNB refused to release the warehouse as of the end of 2007.
