From July 1–7, 2024, 58 leaders from various religious communities in four cities in Kazakhstan—Almaty, Shu, Shymkent, and Astana—took part in roundtables and discussions organized by LYNC in collaboration with the IRF Secretariat. These activities ensured consistency of the roundtable gatherings, involved civil society in hosting and setting the agenda, gathered feedback, and offered recommendations on Kazakhstan’s 2011 “Law on Religious Activity and Religious Associations.”
Meetings with Shu Baptist leaders following police raids
While in Kazakhstan, Greg Mitchell and Wade Kusack had an opportunity to meet with the leaders of the two Baptist churches that were recently raided by police and penalized for “illegal religious activities.”
In March and April 2024, police in the Shu District of southern Kazakhstan conducted raids on four meetings of three unregistered Protestant communities, issuing fines to church members and leaders. The raids, targeting unregistered churches, raised concerns among church members about their rights and religious freedom.
Local religious affairs official Saule Baibatshayeva criticized the police actions, noting they were not ordered by her department, which defends the rights of believers. The situation highlights the strict regulations in Kazakhstan regarding religious activities without state registration, resulting in fines and legal actions against those involved.
Discussion on legal tension and resulting recommendations
During the meeting with the leadership of the Shu Baptist churches, participants discussed a possible solution to the problem of Kazakhstan’s religious law prohibiting unregistered religious activity while international standards allow it. As a result of this discussion, the group developed the following recommendations for the Government of Kazakhstan.
Recommendations
International standards cited
Commission on Human Rights resolution 2005/40 (paragraphs 4(c) and 4(e)) and Human Rights Council resolution 6/37 (paragraphs 12(e) and 12(h)) urge States:
- “To review, whenever relevant, existing registration practices in order to ensure the right of all persons to manifest their religion or belief, alone or in community with others and in public or in private;”
- “To ensure that, in accordance with appropriate national legislation and in conformity with international human rights law, the freedom for all persons and members of groups to establish and maintain religious, charitable or humanitarian institutions is fully respected and protected.”
In light of recent events in Shu, Kazakhstan, and a subsequent meeting with the Baptist community’s religious leaders from Shu, the following recommendations were presented to the Government of Kazakhstan.
Policy Recommendations for Addressing Religious Freedom in Kazakhstan
1. Adherence to international religious freedom standards
The government should align its policies with international standards on religious freedom, which affirm the right of individuals and groups to gather and conduct worship services without requiring registration with the government. This fundamental right is protected under international human rights documents, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to which Kazakhstan is a signatory.
2. Amendment of existing legislation
The Kazakhstani government should consider revising its laws to allow for the free exercise of religion without the necessity of state registration. This would involve amending the Religion Law to eliminate requirements for religious organizations to register with the state in order to conduct worship and other religious activities. The law should explicitly protect the right of all individuals and groups to freely practice their religion without interference.
3. Interim measures for unregistered religious communities
Until legislative changes are enacted, the government should cease the issuance of fines and other punitive actions against unregistered peaceful religious communities. Instead, authorities could start the registration process for these organizations unilaterally, initiating their applications. This would demonstrate a commitment to recognizing their right to exist and operate while protecting them from legal penalties. Registration applications can remain pending until either the law is amended or the religious communities express a desire to complete the registration process voluntarily.
4. Dialogue and consultation with religious communities
The government should engage in open dialogue with representatives of various religious communities, including those currently unregistered, to understand their concerns and needs. This consultation process can help identify practical steps to ensure that all religious groups can operate freely and safely, respecting their rights and contributions to society.
5. Training and awareness for law enforcement and government officials
Law enforcement and government officials should receive training on international human rights standards related to freedom of religion and belief. Such training should also emphasize the importance of respecting the rights of all religious communities, including those that choose not to register with the state.
These policy recommendations aim to ensure that Kazakhstan respects and upholds the religious freedoms of all its citizens, in line with international standards and the country’s commitment to human rights.