WRITTEN QUESTION E-2067/03

by Maurizio Turco (NI), Marco Pannella (NI), Marco Cappato (NI),Benedetto Della Vedova (NI), Gianfranco Dell'Alba (NI)and Olivier Dupuis (NI) to the Commission

(20 June 2003)

Subject: Violation of the religious freedom of Baptists in Kazakhstan

Two weeks after Easter 2003 the Kazakh authorities raided the home of Pastor Nizhegorodtsev, who was, at the time, holding a service for 22 parishioners;

On 22 May 2003 Pastor Nizhegorodtsev was informed that criminal proceedings had been opened against him for violation of the court order banning the conduct of religious services in an unrecognised Baptist church.

Pastor Nizhegorodtsev's church had refused official recognition on the grounds that this would have led to unacceptable interference in its affairs by the state authorities.

These are the umpteenth criminal proceedings opened against members of the Baptist church.

In Kazakhstan, most congregations belonging to the Jehovah's Witnesses and the Baptist church have suffered harassment for continuing to conduct services even though they have not been granted or have refused official recognition.

In October 1998, ahead of the presidential elections held in January 1999, the presidential term of office was extended from five to seven years and the age-limit for candidates was abolished, an age-limit which would have prevented President Nazarbaev from standing for re-election at the end of his term of office in 2006.

In the presidential elections held in January 1999 the outgoing President, Mr Nazarbaev, was re-elected with 79,78 % of the vote and the international community, in particular the USA and the EU, strongly criticised the electoral process.

In June 2000 the Kazakh Parliament approved a law authorising Mr Nazarbaev to retain certain powers which would enable him to exert influence over the government even after the expiry of his term of office.

In the light of the above, and relations between the EU and Kazakhstan, can the Commission state:

- whether it is aware of the facts outlined above, and

- on the basis of existing relations, what measures might be taken in a serious, effective effort to persuade Kazakhstan to observe fundamental human rights?

Answer given by Mr Patten on behalf of the Commission

(4 August 2003)

The Commission is aware of the disturbing case of Baptist Pastor Sergey Nizhegorodtsev who in 2000 was convicted for religious activities without state registration and fined the equivalent of USD 5. In 2003 Mr Nizhegorodtsev has been charged again in connection with his continuing to conduct religious services without state registration.

The Commission is concerned by the manner in which the Government of Kazakhstan seems to seek administrative control over civil society, in particular as regards political groupings and non-governmental organisations (NGOs). As for government control over religious activities, the Commission hopes that any amendment to the 1992 Law on Religion will be discussed broadly with all interested segments of Kazakhstan's civil society as well as renowned international experts before being submitted to Parliament. It notes in this respect that on 4 April 2002 the Constitutional Council of Kazakhstan found that amendments proposed by the government to the 1992 Law on Religion contradicted the Constitution which does not allow the restriction of the freedom of belief through normative acts.

The Union has repeatedly affirmed that human rights and democratisation must form an integral part of all political dialogue with third countries. Article 2 of the Partnership and Cooperation Agreement (PCA) between the EU and Kazakhstan, as well as other international commitments in the framework of the Organisation for Security and Cooperation in Europe (OSCE) and the United Nations (UN), provide the legal basis for the Union to address democracy and human rights issues with the Government of Kazakhstan.

The Commission will continue to take a firm stance on democracy, the rule of law and human rights, including the rights of freedom of religion, belief and expression and the rights of religious minorities, through Union-Kazakhstan dialogue under the PCA and in the framework of the OSCE and the UN. Human rights and civil liberties will also figure prominently on the agenda of the fifth meeting of the Union-Kazakhstan Cooperation Council on 22 July 2003 in Brussels.

The Commission is furthermore committed, through its May 2001 Communication(1) on the Union's role in the promotion of Democracy and Human Rights in third countries, to mainstreaming human rights and democratisation issues in all Community assistance programmes. Country Strategy Papers are used as a tool to take a more coherent and consistent approach to the promotion of human rights and democratisation, using the TACIS programme and assistance provided under the European Initiative for Democracy and Human Rights in a complementary way.

(1) COM(2001) 252 final.