The Constitution of 1993 declares separation of church and state (Article 14), guarantees the equality before the law without regard to religion (Article 19), freedom to conscience, religious worship and practice (Article 29), and the right of public association (Article 30). Propaganda inciting racial, national, or religious hatred or proclaiming racial, national, religious, or language superiority is outlawed.
Throughout the early 1990’s the situation for religious freedom looked promising. In 1990, the Soviet government passed a law on religious freedom which forbid government interference in religion and established simple procedures for registration of religious groups. Registration was not required but allowed groups to establish places of worship. This law remained in effect and, together with the 1993 Constitution was the law of the land until 1997. When the Iron Curtain fell and the Soviet union dissolved, religious publishing flourished and numerous religious groups began to proselytize.
Tension between Russians who welcome outside (particularly Western) influence, and those who wish to maintain the purity of "Mother Russia" is a long-standing theme in Russia, extending back to the time of Peter the Great. This conflict has reemerged in recent years and has had a major impact on the state of religious freedom in Russia.
The Russian Orthodox Church wants to maintain its position as the dominant religion and has felt threatened by the influx of new religions and well-financed missionary organizations. In addition, economic difficulties, crime, and corruption have led to wide spread discontent. As a result, there has been a growth of nationalistic movements and parties which resent foreign influences, as well as a resurgence in the strength of the communist party. These three forces combined in 1997 to force passage of legislation which severely restricts religious freedom. This law effectively bans all organized religious activity and missionary work by Protestant religious denominations, non-denominational groups, charismatics, and new and small religions. President Yeltsin vetoed such legislation during the summer. He received such a strong reaction from the Russian Orthodox Church and the nationalists, however, that on September 26, 1997, he signed into law a bill similar to the one which he had vetoed.
Under this law, only those faiths -- Orthodoxy, Judaism, Islam, and Buddhism -- which were officially recognized by the former Soviet Union are accorded full legal status. Only those faiths registered under the Stalin regime 50 years ago may be recognized as country- wide religious organizations with the right to call themselves "All-Russian." All other religious groups who wish to continue to carry on religious activities will have to prove that they have been registered for 15 years. In 1999, the Constitutional Court upheld the 15 year rule but held that it did not apply to religious organizations that were registered before the 1997 law. Lacking full legal status, religious organizations may not have bank accounts or own property.
The law gives the government the right to determine whether or not a religious body complies with its own creed. If it is determined by official government experts that any church is not acting in accordance with its creed the government has the right to close the church. The language of the bill states that "religious organizations may be liquidated" if they advocate home schooling, oppose military service, place limitations on medical treatment, preach "religious animosity," or "represent a threat to the security of the state."
President Clinton, the United States Congress, and Pope John Paul have all expressed their strong opposition to the decline of religious freedom in Russia. Religious freedom was also one of the major issues raised by newly elected US President Bush in his meetings with Russian President Yeltsin.
The Orthodox Church under Patriarch Alexy II has a close relationship with the Russian government which they used to encourage passage of the 1997 legislation and to thwart attempts by the Catholic Church and foreign Protestant denominations to increase their evangelical activities in Russia. Attempts by Pope John Paul II to open friendly dialogue have been rebuffed by the Russian Patriarch. (See Russia's Well-Connected Patriarch, Washington Post 5/23/02). Pope John Paul has also had difficulty arranging a visit to Russia. Negotiations between the Catholic and Orthodox Churches seeking to resolve difficulties are ongoing. A major stumbling block has been Orthodox complaints about proselytizing by the Catholic Church.
The passage of the 1997 legislation was the culmination of a trend which had been building up for several years. As of 1996, according to the US State Department Report on Human Rights, about 1/4 of Russia’s 89 regional governments had passed legislation which violated the 1990 Law of Religions and the Russian Constitution by restricting the activities of religious groups. In many cities, religious groups were prevented from renting space to hold services or meetings. The Russian media has carried numerous negative attacks on new and small religions including the Unification Church, the Church of Scientology, the Church of Christ, Hari Krishna, charismatic-fundamentalist Russian groups, and Jehovah’s Witnesses.
In the years leading up to the passage of the 1997 legislation, some prominent government officials made increasingly aggressive denunciations of foreign religious groups and called for limitation on foreign missionaries. In June of 1996, Lebed said that he viewed the activities of several religious groups as "direct threat to Russian security." Citing the Mormons and Aum Shinrikyo as examples, Lebed called foreign religious sects "mold and scum" that "corrupt the people and ravage the state" and stated that they should be banned.
Since 1998, several non-Orthodox religious communities have experienced difficulty. An Evangelical Lutheran community in Khakassia was banned. The New Generation Church in Yaroslav and the Zion Community Church in Reutov were closed. In Orel, 300 miles south of Moscow, authorities refused to return a Roman Catholic church building, and Catholics have been denied access to the press. Catholic priests in Moscow have reported difficulties in obtaining visas for foreign religious workers. In Samsara, some Unificationist and Scientology communities have been refused registration. Tensions arising from the Chechen conflict have brought numerous Muslim communities under scrutiny and organizations suspected of extremist or "Wahabi" leanings have been denied registration.
Much attention has been focused on the trial of the Jehovah’s Witnesses in Moscow. This was the first case in which prosecutors attempted to apply the 1997 law on religions. Prosecutors want the religion to be disbanded and banned in Russia, charging, among other things, that the Jehovah’s Witnesses destroy families, foster hatred, and cause their members to commit suicide. The trial was begun in September 1998, but then postponed till early November. On November 18, 2001, the trial was once again delayed until February 9 in order to give prosecutors more time to prepare their case. In March of 2002, the Keston Institute reported that The Constitutional Court had ruled in December in favor of the Salvation Army that the church could not be banned solely on the basis that it had not properly registered by a December 2000 deadline. (See "Russia: Salvation Army In Moscow Wins Case In Constitutional Court" by Don Hill, Radio Free Europe, published by CESNUR). In February 2004, however, the court decided to reopen the case in response to a complaint filed by the prosecutor's office.
For further information and details on religious freedom in Russia, we suggest the following links:
2003 U.S. Commission on International Religious Freedom Report on Russia
International Christian Concern: Russia
Oslo Coalition for Freedom of Religion or Belief: Russia
2001 US State Department International Religious Freedom Report: Russia
RUSSIA: Jehovah's Witness ban comes into effect WorldWide Religious News, 6/17/04
Russian Orthodox Church Against Pope Trip WorldWide Religious News, 2/23/04
Orthodox Leader, Vatican Envoy Meet WorldWide Religious News, 2/21/04
Hearing of case of cessation of Jehovah's Witnesses activities resumed in Moscow WorldWide Religious News, 2/18/04
RUSSIA: Old Believers summoned by ex-KGB before church leadership election WorldWide Religious News, 2/17/04
Vatican, Orthodox Heirarchy Talk in Moscow WorldWide Religious News, 2/17/04
RUSSIA: Tula Baptist & Orthodox churches under attack? WorldWide Religious News, 2/11/04
Russia: Orthodox Church States Its Case For More Involvement In Foreign, Domestic Policies WorldWide Religious News, 2/07/04
Russian Church Rules Out Meeting with Pope WorldWide Religious News, 1/27/04
Russian official defends Krishna temple construction in Moscow WorldWide Religious News, 2/04/04