Presidential Documents

30365

Federal Register

Vol. 63, No. 107

Thursday, June 4, 1998

Title 3—

The President

Presidential Determination No. 98–23 of May 23, 1998

Assistance Program for the Government of the Russian

Federation

Memorandum for the Secretary of State

Pursuant to section 577(a) of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 1998 (Public Law 105–118), I

hereby determine and certify that the Government of the Russian Federation

has implemented no statute, executive order, regulation, or similar government action that would discriminate, or would have as its principal effect

discrimination, against religious groups or religious communities in the Russian Federation in violation of accepted international agreements on human

rights and religious freedoms to which the Russian Federation is a party.

During the period under review, the Government of Russia has applied

the new Russian Law on Religion in a manner that is not in conflict with

its international obligations on religious freedom. However, this issue requires

continued and close monitoring as the Law on Religion furnishes regional

officials with an instrument that can be interpreted and used to restrict

the activities of religious minorities.

You are authorized and directed to notify the Congress of this determination

and to arrange for its publication in the 

œ–

Federal Register.

THE WHITE HOUSE,

Washington, May 23, 1998.
30366 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Presidential Documents

Memorandum of Justification Regarding Determination Under Section

577(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (Public Law 105–118)

Summary: During the period under review, the Government of Russia has

applied the new Law on Religion in a manner that is not in conflict with

its international obligations on religious freedom. To the extent that violations

of internationally recognized rights have occurred, they have been the consequence of actions taken by regional or local officials and do not appear

to be a manifestation of federal government policy.

At the same time, the Law on Religion furnishes regional officials with

an instrument that can be interpreted and used to restrict the activities

of religious minorities. Thus, this issue requires continued and close monitoring.

1. The New Law on Religion: On October 1, 1997, the Russian Federation

enacted a restrictive and potentially discriminatory law ‘‘On Freedom of

Conscience and Religious Associations’’ (Law on Religion). The new law

is complex, with many ambiguous and contradictory provisions.

The law accords more favorable legal status and privileges to religions

that have been present in Russia for an extended period of time. New

religious associations must wait 15 years before acquiring all of the rights

of a juridical person, such as the right to own property and open a bank

account, as well as the right to engage in a range of religious activities.

Article 27(3) of the law is also controversial because it applies certain

aspects of the 15-year rule to religious organizations that enjoyed full legal

status under prior legislation. Portions of the law appear inconsistent with

Russia’s constitution and civil code as well as its international commitments.

Some Russian officials had indicated that the implementing regulations

would clarify ambiguities, but the regulations share the ambiguities of the

law.

2. Key Concern: Through its acceptance and accession to international human

rights instruments, the Government of Russia has committed itself to respecting freedom of association and assembly and, more specifically, freedom

of thought, conscience and religion, including freedom to change religion

or belief and freedom to manifest religion or belief in worship, teaching,

practice and observance. The Law on Religion is of great concern because

it could be applied to restrict the ability of communities of believers to

establish organizations with full legal rights.

3. Application: Over the past year, Russian government officials, including

President Yeltsin and then-Prime Minister Chernomyrdin, pledged to Vice

President Gore that the new law would not result in any erosion of religious

freedom in Russia. Officials in the Presidential Administration and the Cabinet of Ministers have echoed and clarified Yeltsin’s promises. In particular,

the Ministry of Justice has adopted a permissive approach to registering

religious organizations with full legal rights, effectively bypassing elements

of the 15-year rule. In addition, Presidential Administration officials have

announced the establishment of two consultative mechanisms to facilitate

government interaction with religious communities and to monitor application of the new law.

The Presidential Administration and the Ministry of Justice have also promised to support efforts now underway by nongovernmental organizations

to challenge the constitutionality of the law’s retroactive provisions (article

27(3)) before the Constitutional Court. Officials in these organs have indicated

their view that article 27(3) violates Russia’s constitution.

Despite the federal government’s efforts, however, a number of regional

officials continue to violate rights of minority religious organizations, in

some cases citing the new federal law. Based on anecdotal, limited information we have to date, we are aware of about 25 cases of harassment between

the date of enactment of the Law on Religion and early May 1998.
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Presidential Documents 30367

4. Evaluation: Local and regional abuses of religious rights raise serious

concerns, especially if the new law is being used by some officials to

justify such actions. At the same time, reported incidents represent a relatively small number of problems when viewed against the size of the

country and complexity of political and social changes underway. Moreover,

we have no evidence to suggest that these local actions result from a deliberate policy of the federal government. Finally, these incidents are, unfortunately, consistent with a pattern of local and regional harassment and restrictions on minority religious communities that was clearly discernible prior

to passage of the law.

Regional and local abuses reflect a larger problem in Russia—which is

also evidenced in matters ranging from tax collection to elections to law

enforcement—of the center exercising weak control over events throughout

the regions. We believe local officials have taken advantage of a poorly

developed legal tradition and weak oversight to advance intolerant ideas

at odds with Russia’s constitution and the flexible and fair interpretation

of the Law on Religion articulated by the central authorities.

Nevertheless, it remains to be seen how the Law on Religion’s restrictions

will be interpreted in the longer run, and whether the federal government

will respond appropriately over time to cases in which local officials apply

the law in a manner at odds with Russia’s international commitments.

Given the political commitments made and constitutional positions taken

by the central government, the fact that the implementing regulations are

only now making their way to regional officials and the fact that federal

officials are only now establishing mechanisms for addressing differences

in interpretation, we believe that the relatively small number of local incidents does not require a finding that the ‘‘Government of the Russian Federation’’ has implemented discriminatory measures. Similarly, we believe it

would be premature to conclude that the law’s restrictions, as implemented,

constitute violations of Russia’s international obligations.

5. U.S. Engagement: Freedom of conscience has been a central element

of the U.S. bilateral agenda with Moscow since the early 1970’s, and the

Law on Religion has been the subject of numerous high-level communications

between the Administration and the Russian Government, involving the

President, the Vice President, Secretary Albright, and other senior U.S. officials.

The Department of State and the U.S. Embassy in Moscow will continue

to maintain close contact with religious communities and NGOs to assess

the effects of the new law and solicit views on appropriate responses.

In addition, we will continue to make clear to the Russian Government

the requirements of Section 577(a) of the Foreign Operations Appropriations

Act for FY 1998 and urge that the federal authorities both reverse discriminatory actions taken at the local level and, when necessary, reprimand the

officials at fault. We will also encourage federal action to ensure that regional

laws do not contradict Russia’s constitutional and international guarantees

of religious freedom, and continue to make clear our view that the federal

law should ultimately be changed so it cannot be used to justify curtailing

religious freedom in Russia. [FR Doc. 98–14991

Filed 6–3–98; 8:45 am]

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