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UN: International engagement with Afghanistan is conditional

UN: International engagement with Afghanistan must depend on respect for religious minorities

First UN resolution to explicitly call for religious freedom in Afghanistan adopted

UN Human Rights Council condemns Taliban violence against religious minorities, urges states to alter their engagement with country dependent on respect for human rights

 

ADF International (07.10.2021) – https://bit.ly/30kbNlF – Almost two months after the rapid takeover of the Taliban in Afghanistan, the UN Human Rights Council in Geneva has adopted a resolution to condemn, “in the strongest possible terms”, the ongoing violations and abuses of human rights perpetrated in Afghanistan, including against persons belonging to religious minorities.

 

For the first time since the outbreak of the crisis in Afghanistan, a UN resolution has explicitly called for strict respect for freedom of religion or belief, and urged the international community to adjust their engagement with any future Afghan government depending “on respect for the human rights and fundamental freedoms of all Afghans, including women, girls, children, and persons belonging to ethnic and religious minorities.” Furthermore, in accordance with the calls of several faith-based NGOs including ADF International, the resolution, adopted by a vote of 28 “yes”, 5 “no” and 14 abstentions, establishes a dedicated mechanism tasked with monitoring the situation of human rights as it develops in the country.

 

“Nobody should be persecuted because of their faith. In Afghanistan, members of religious minorities, including Christians, have been forced to flee a certain death orgo into hiding in remote areas of the country, stranded and with no hope of rescue. We are pleased that the UN Human Rights Council has finally heard their desperate plight and heeded the appeals of faith-based organizations to join in condemning all acts of religiously motivated violence and urging full respect for freedom of religion or belief,” said Giorgio Mazzoli, representing ADF International at the Human Rights Council in Geneva.

 

“The resolution adopted today may be viewed as limited in immediate outcome, but is a meaningful signal that the international community is not prepared to idly stand by when human rights and fundamental freedoms are put in such serious jeopardy. We now urge states to ensure its full implementation by employing every diplomatic, political, or other appropriate means to ensure that those exercising effective control are held fully accountable for their failure to respect the human rights and aspiration of the Afghan people,” he continued.

 

Resolution welcomed by faith-based organisations 

 

The move was welcomed by a coalition of human rights organisations, including ADF International, the World Evangelical Alliance, Christian Solidarity Worldwide, the World Baptist Alliance, CAP Freedom of Conscience and the Ethics and Religious Liberty Commission among others, who have advocated for greater attention to the dire situation of religious minorities and the lack of freedom of religion or belief in Afghanistan during the negotiations of the draft resolution. According to reports, Christians on the ground have expressed that they expect to face certain death. Reports detail the execution of persons found on public transportation with Bible software found on their smartphones. Furthermore, the Taliban are already publicizing plans to “eradicate the ignorance of irreligion” by taking non-Muslim women and girls as sex slaves and forcing boys to serve as soldiers.

 

Today’s outcome represents a marked change from the Human Rights Council’s previous resolution on the situation in Afghanistan. Adopted in August, the first resolution was widely criticized for being “subdued”, failing to hold the Taliban to account, and therefore representing “more of an insult to the Afghan people than a response to the crisis”.

 

“The so-far inadequate response of the international community would only embolden those responsible for such harrowing human rights abuses to continue to act with impunity. We hope that the resolution adopted today by the Human Rights Council will serve as a turning point for protecting those in Afghanistan facing serious threats to their lives simply because of their faith,” added Mazzoli.

Further reading about FORB in Afghanistan on HRWF website





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RUSSIA: Russian authorities prohibit use of church building/ 20 years of legal battle

ADF International (28.04.2021) – https://bit.ly/3aRfZf4 – A Christian church is challenging Russian authorities at the European Court of Human Rights (ECHR) for seizing the congregation’s property and leaving the community to gather outside in a tent. Throughout a 20-year-long legal battle, the municipality has sought to seize the Word of Life Church’s property in Kaluga near Moscow. The global human rights organization ADF International has filed two applications on behalf of the church at the Court in Strasbourg. The Court’s decision could impact the lives of more than 800 million Europeans in 47 countries, including Russia.

“No one should be persecuted because of their faith. Religious worship in community is a fundamental right and part of the very essence of a church’s existence and mission. The authorities in Kaluga have set bureaucratic hurdle after hurdle for this Christian minority community for more than 20 years. The current prohibition on the use of the church building takes this one step further and violates the right to freely practice one’s faith. We hope the European Court of Human Rights will hear this case and uphold religious freedom and church autonomy in Russia,” said Lidia Rieder, Legal Officer for ADF International.

Congregation resorts to meeting in tent  

ADF International filed a first application on behalf of the church last October based on the authorities’ refusal to recognize the church’s ownership of the building. Now, a second application challenges the absolute ban on the use of the building, which a Russian court imposed in March 2020, and which was recently upheld by the Russian Supreme Court. Both cases join several similar cases before the European Court of Human Rights in which Russia employs bureaucratic technicalities as a pretext to stifle religious minorities.

The evangelical Word of Life Church bought the property in 2000, looking to convert it into a meeting place for their religious community. Despite fulfilling the legal requirements, Russian authorities allege that modifications to the building were conducted without a permit. They refused to recognize the church’s ownership of the property and prohibited any use of the building whatsoever in March 2020.

Currently, the congregation has resorted to meeting in a tent outside of the property. In both applications to the European Court of Human Rights, ADF International argues that the church’s rights to freedom of religion and assembly were violated as they are denied the ability to meet and worship together on their property.

Restrictions on Religious Freedom in Russia 

The US Commission on International Religious Freedom designated Russia as a ‘country of particular concern’ in its 2020 annual report. According to the document, police conduct raids on private homes and places of worship. Religious minority groups report that local authorities have used anti-extremism laws to add religious texts to the government’s list of banned books. Officials also prevent religious minority organizations from obtaining land and deny them construction permits for houses of worship.

A separate case which raises similar issues concerns Pastor Vitaliy Bak and his Baptist congregation. They used a private house for religious services in Verkhnebakansky in Southern Russia until the authorities banned them from doing so. In December 2019, ADF International filed their case at the European Court of Human Rights. Amidst the pandemic, the city administration has filed a lawsuit and asked the local court in Novorossiysk to order the demolition of the house – in which several people live – simply because religious services were held there. ADF International is representing Pastor Bak at the European Court of Human Rights.

“Everyone has the fundamental right to choose their religion and practice it alone and with others, in public and in private. By ratifying the European Convention on Human Rights, Russia has agreed to be held to account on its human rights commitments. Respecting the religious freedom of its citizens is not just a right protected by the Convention, but a litmus test for democracy. We are hopeful that the Court will agree to hear the cases of the church in Kaluga as well as Pastor Bak’s,” said Robert Clarke, Deputy Director of ADF International.

Photo : paristribune.info





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RUSSIA: A case of violation of the right to freely practice one’s faith in community pending in Strasbourg

See video (Russian/ English): https://adfinternational.org/campaign/religious-freedom-in-russia/

 

By Willy Fautré, Human Rights Without Frontiers

 

HRWF with ADF Int’l (23.04.2021) – The case against a Protestant pastor deprived of his right to organize religious meetings in his home in Russia is pending at the European Court of Human Rights in Strasbourg. The case was filed by ADF International and is under review of the Court.

Over the course of several years, a registered group of Evangelical Christian Baptists used to gather in a private house in Verkhnebakansky in Southern Russia. In September 2018, the local authorities filed a lawsuit against the former owner of the building asking the court to ban its use for religious purposes. The administration claimed that there were violations of fire safety and anti-terror provisions, that the building was registered as a residential house and could not be used as a church.

The claim was dismissed in first instance by the district court but the decision was overturned on appeal. According to the new decision, the use of the private building for religious purposes was banned.

In April 2019, the authorities broke into the house during a religious service and demanded its termination and an inspection of the building. Administrative proceedings were initiated against one of the assistant pastors, who was found guilty of conducting “illegal missionary activities”.

Representatives of the authorities came back on July 5, 2018, once more interrupting a Sunday service. They demanded that the congregation leave and, subsequently, sealed large parts of the house, including the room where Sunday services were held.

Pastor Vitaliy Bak with the help of his domestic attorney fought over four instances. Yet in October 2019, the forth instance confirmed the ban, leaving Vitaliy Bak no other option than to appeal to the ECtHR.

After exhaustion of domestic remedies, Vitaliy Bak asked ADF International to represent him before the European Court of Human Rights in Strasbourg. After completing a fact finding mission and site inspection in October 2019, ADF filed the case in Strasbourg on 4 December 2019. The Court has informed ADF that all the formal criteria had been fulfilled and the case is currently under review at the end of which the Court will determine whether or not to communicate the case to the Russian government.

About the legal situation of Vitaliy Bak’s congregation

 

The 1997 Law on Freedom of Conscience and Religious Association (with amendments through 2016) serves as the main pillar of the religious legislation.

 

The law recognises four ‘traditional religions’ and stresses the special role of the Russian Orthodox Church for its historical contribution to the country’s spirituality and culture.

 

The law establishes several categories of religious entities: ‘Religious Groups’ (RGs), ‘Local Religious Organisations’ (LROs) and ‘Centralised Religious Organisations’ (CROs).

 

De facto religious groups (RGs) have the right to conduct religious rituals and ceremonies, hold worship services, and teach religious doctrines. They are not registered with the government and have therefore no legal personality. They cannot open a bank account, build, buy or rent premises or publish or import religious material. In order to get access to the upper category, a religious group must prove that it has been existing as such for at least 15 years. This is the status of Bak’s community.

 

Local religious organisations (LROs) must consist of no less than ten persons over the age of eighteen that permanently reside in a given area. They are registered both at the federal and the local level. They can open a bank account, buy and own or rent buildings for religious purposes, acquire, import, export and disseminate religious literature, enjoy tax and other benefits, and so on. Additionally, they can also create local religious organisations as affiliates without any waiting period obligation.

 

Centralised religious organisations (CROs) must consist of no less than three local religious organisations to be eligible for registration as such. They enjoy the same rights as LROs. After 50 years of existence and activity in the country, they can include the word ‘Russia(n)’ in their official title.

About the implementation of the anti-missionary legislation

Protestants of all non-Orthodox denominations are mainly targeted for their attempts to share their beliefs with other people on the basis of the anti-missionary Varovaya Laws, signed by President Vladimir Putin in summer 2016.

 

On 23 November 2016, a local prosecutor’s office conducted an inspection of the Salvation Army in Vladivostok. A case was opened on the grounds that the organisation ‘in its missionary activity uses and distributes literature and printed materials without identifying labels of the religious organization.’ On 20 December 2016, the Salvation Army of Vladivostok was found guilty of having religious literature, including 36 copies of the Bible and collections of religious songs in the worship hall, that did not have identification labels with the name of the denomination. The decision concerning the destruction of the Bibles evoked such a great public resonance that the decision was appealed. On 30 December 2016, the order of the magistrate judge was amended: the section about the destruction of the confiscated items was removed but the rest of judge’s order remained unchanged. The case was finally dismissed by the Constitutional Court[i].

 

In 2016, Indian Protestant pastor Victor-Immanuel Mani, who is married to a Russian woman and has a Russian-born child, was the first foreigner to be deported under Administrative Code Article 5.26, Part 5 (‘Foreigners conducting missionary activity’). Naberezhnyye Chelny City Court found him guilty on 20 December 2016 of advertising religious gatherings on social media and allegedly giving religious literature to a non-member of his Church. He was also fined 30,000 Roubles[ii].

 

On 16 May 2018, Nosisa Shiba, a student of the final year of the Nizhny Novgorod Medical Academy, a citizen of Swaziland (Africa), was charged on the basis of Article 18.8, Part 4 of the Code of Administrative Violations of Law of the Russian Federation, with a sentence of immediate deportation. The young woman, who had been a protestant since childhood, began going to an Evangelical church of Nizhny Novgorod upon her arrival in Russia. According to the press service of the church, she sang a song about God and his love for people in her church one time. A video of Shiba’s performance was found on YouTube by the Federal Security Service (F.S.B.). The court ruled that she be fined 7,000 Roubles and be deported after the completion of her studies[iii].

 

Conclusion

 

This case is all the more important as the individual right to practice one’s faith in community in private homes is guaranteed by Article 18 of the Universal Declaration and the ICCPR, ratified by the Russian Federation, but has been repeatedly violated in cases concerning non-Orthodox communities.

 

Dozens of Jehovah’s Witnesses, whose movement was banned in 2017, have been sentenced to several years in prison. Members of Said Nursi followers and Tabligh Jamaat members, two peaceful Muslim movements, are still behind bars for studying the Qu’ran in private meetings.

 

__________

 

[1] Chugunov, Sergey, ‘High Court fixes strict requirements on evangelism’, Religiia i Pravo, 22 December 2017,

http://www.sclj.ru/news/detail.php?SECTION_ID=487&ELEMENT_ID=7737&print=Y (accessed 31 May 2018).

 

[1] Arnold, Victoria, ‘Russia: Alleged ‘missionary activity’ prosecutions continue’, Forum18 News Service, 1 March 2017, http://www.forum18.org/archive.php?article_id=2261 (accessed 29 May 2018).

[1] Stetson, ‘Russia Religion News: African Pentecostal student sentenced for illegal evangelism’, Stetson.edu, 17 May 2018 https://www2.stetson.edu/~psteeves/relnews/180517c.html (accessed 29 May 2018).

[i] Chugunov, Sergey, ‘High Court fixes strict requirements on evangelism’, Religiia i Pravo, 22 December 2017,

http://www.sclj.ru/news/detail.php?SECTION_ID=487&ELEMENT_ID=7737&print=Y (accessed 31 May 2018).

 

[ii] Arnold, Victoria, ‘Russia: Alleged ‘missionary activity’ prosecutions continue’, Forum18 News Service, 1 March 2017, http://www.forum18.org/archive.php?article_id=2261 (accessed 29 May 2018).

[iii] Stetson, ‘Russia Religion News: African Pentecostal student sentenced for illegal evangelism’, Stetson.edu, 17 May 2018 https://www2.stetson.edu/~psteeves/relnews/180517c.html (accessed 29 May 2018).





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PAKISTAN/ ECtHR: Pakistani convert seeks protection from the European Court of Human rights

ADF International (22.03.2021) – https://bit.ly/3vXdUae – A Pakistani national is fighting for his life at the European Court of Human Rights. Swiss authorities had rejected his request for religious asylum. The man, known by the initials “M.A.M”, appealed against his deportation based on his conversion from Islam to Christianity – a religion known to face severe persecution in parts of South Asia. Human rights group ADF International has intervened at Europe’s top court, providing up-to-date information on the situation for converts in the region and highlighting the robust legal protections for not just believing something, but being able to live in accordance with those beliefs. The court’s rulings impact more than 800 million Europeans in 47 countries.

“Nobody should be persecuted for their faith. Pakistan is one of the most dangerous countries for Christians with its draconian blasphemy laws and increasing violence towards Christian groups. Converts face not only socio-political marginalization and institutionalized discrimination, but also blasphemy charges, arrest, long prison sentences, and vigilante mob violence. The detention of Christians systematically involves mistreatment and abuse, both physical and psychological. Even when released, Christian converts must go into hiding or flee for their safety as friends and neighbours often turn against them. Such factors must form part of any risk assessment for those, such as M.A.M, who are claiming asylum based on religious grounds,” said Jennifer Lea, legal counsel for ADF International at the European Court of Human Rights in Strasbourg.

Call for international action amidst alarming threats to Christian converts

While the Federal Administrative Court of Switzerland affirmed that M.A.M’s conversion was indeed credible and occurred prior to his asylum rejection, they nevertheless found that his rights to life, to protection from inhumane treatment and to freedom of thought, conscience or religion would not be in jeopardy were he to be returned to Pakistan.

Pakistan is currently placed at number 5 on the World Watch List, which ranks countries based on their level of Christian persecution. The persecution level is classed as “extreme” due in part to its blasphemy laws which carry the death penalty. Converts from Islam are considered apostates and face particular risk.

The case of Asia Bibi, a woman accused of blasphemy and held on death row for eight years until she was acquitted, serves as a well-known example of the current threat. After her acquittal, there were violent demonstrations across Pakistan threatening her life. Following intense international pressure, she was finally allowed to leave and thereafter sought asylum in Canada.

Forced marriages of minors

ADF International allied lawyers are currently supporting the case of Maira within the Pakistani courts. The 14-year-old girl was abducted, raped and married as part of a “forced conversion” which she faced because she is a Christian. Maira waits in hiding while her pro bono legal team works to annul this marriage certificate. Her story is just one example of a violent phenomenon which affects an estimated 1,000 girls from religious minorities in Pakistan every year.

“International law protects the right to express one’s faith in public and in private. But, in Pakistan, simple attempts by Christians to talk about the faith with Muslim neighbours can be prosecuted under blasphemy laws, which can result in the death penalty. The cases of Asia Bibi and Maira, which gained international media attention, provide very real examples of the persecution that many Christians face. We hope the European Court of Human Rights will recognize the dangers faced by in particular by Christian converts in Pakistan, and afford protection to M.A.M and others like him,” said Tehmina Arora, Director of Advocacy, Asia for ADF International.

Photo: ADF International





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SWITZERLAND: Court suspends Geneva worship ban, religious gatherings resume

ADF International (04.12.2020) – https://bit.ly/33SUG9p – Geneva’s total ban on religious services and events has been suspended by the Swiss Constitutional Chamber of the Canton of Geneva. The court has yet to decide whether the ban is a violation of the right to freedom of religion after a group of concerned citizens filed a legal challenge against it. While the suspension does not serve as a final decision, it indicates that the ban is not proportionate and means that religious services and gatherings are now permitted until a final judgment is handed down. The Chamber indicated that the likelihood of the case ultimately succeeding is “high or very high.”

 

“The suspension of the ban until the court makes a final decision is a significant step in the right direction. This ban is a serious violation of the fundamental rights Switzerland is committed to protect in a number of international human rights agreements. Religious freedom is a fundamental human right and governments seeking to restrict it carry the burden of proving the restriction is truly necessary and that a less restrictive approach would not work. Favouring commercial establishments over religious services is not only discriminatory but ignores the robust protection that exists in national and international law for religious freedom,” said Jennifer Lea, Legal Counsel for ADF International, a global human rights group with offices in Geneva that supported the case.

 

Ban is threat to religious freedom

 

Several religious communities have shown their support for the lawsuit challenging Geneva’s total ban on religious services and events. The regulation is part of Geneva’s COVID-19 measures. It bans all religious gatherings except small funerals and weddings. While religious services are banned, other public gatherings are allowed to take place such as demonstrations and professional choir practices.

 

The ban is the only and first of its kind in Switzerland and most of Europe. Similar blanket bans on religious services have been overturned in Germany and in France while in other countries governments and religious groups have worked together to find workable approaches. The legal challenge filed in Geneva has won public support from Jewish and Christian communities.

 

“Restrictions on fundamental rights must always be proportionate and proven to be truly necessary. Given that other public gatherings are still permitted, we do not see the proportionality of this restriction – it targets religious groups in a discriminatory way. That is why we decided to challenge it in court. We are hopeful that the courts will ultimately recognize this as a violation of fundamental rights and that a solution will be found that protects the rights of all citizens of Switzerland and sets a good benchmark for the rest of Europe,” said Dr. Samuel Sommaruga, on whose behalf the lawsuit was filed.

 

Steve Alder, the Geneva-based lawyer who filed the case said, “Switzerland has a good track record in protecting the religious freedom of its citizens. It is a poster child of democracy and human rights. That makes it all the more worrying to see a total ban on all religious gatherings and events in such a drastic form. It is one of the broadest bans of its kind in Switzerland and most of Europe where similar bans have been successfully challenged. Enforcing it is a violation of the right to freedom of religion as protected in the Swiss Constitution and by international human rights standards. It disproportionately targets the activities of religious groups over commercial activities. With multiple religious groups in Geneva voicing their concerns over the disproportionality of the ban, we hope that the authorities will ultimately agree on a solution that protects everyone’s right to practise their religion in line with international law. The suspension of the ban is a welcome step in this direction.”

Photo: ADF International.


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