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. Violation of the religious freedom of Baptists in Kazakhstan.
Date: 2003-06-20
Institutions: European Parliament, Provisional data
Subjects: EU relations, Kazakhstan, cooperation policy, democratisation, freedom of religious beliefs, human rights, political cooperation, religious group

26.2.2004

EN

Official Journal of the European Union

C 51 E/193

Regarding the situation in Greek schools (cid:1) which is the responsibility of the Greek authorities (cid:1) as
presented in the recent studies carried out by Athens University, the conclusions suggest that the Greek
authorities need to ensure better ventilation in schoolrooms and to eliminate materials emitting
formaldehyde and possibly other chemical substances which might have a direct impact on health and
comfort.

As regards noise levels at work, Council Directive 86/188/EEC of 12 May 1986 on the protection of
workers from the risks related to exposure to noise at work (4) provides that where the daily personal
exposure of a worker to noise is likely to exceed 85 A-weighted decibels (dB(A)), personal ear protectors
must be made available to workers. Where the daily personal noise exposure of a worker exceeds 90
dB(A), personal ear protectors must be used. Thus the noise levels recorded by the University of Athens
(61 decibels inside and 77 decibels outside) are below the ceilings laid down in the Directive. The 45 dB
and 65 dB ceilings mentioned in the Athens research are not EU requirements.

However, the Commission does recognise that noise can affect children’s learning capacity, and the
conclusions of the Athens University research reflect this.

Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the
assessment and management of environmental noise (5) requires the competent authorities of the Member
States to make strategic noise maps and draw up action plans to reduce noise pollution near major
transport infrastructure and in large towns and cities. However, the Directive does not define harmonised
limit values on the basis of which noise reduction measures should be implemented, the setting of such
limits being left to the discretion of the Member States.

The Commission is taking action in this area. To help the Member States evaluate the damaging effects of
noise on people, Article 6 of Directive 2002/49/EC suggests the use of dose-effect relations. Pursuant to
Annex III to the Directive, specific relations could be defined for vulnerable groups of the population,
including children. To that end, the Commission is currently investigating the feasibility of defining such
specific relations.

(1) OJ L 183, 29.6.1989.
(2) OJ L 131, 5.5.1998.
(3) OJ L 177, 5.7.1991.
(4) OJ L 137, 24.5.1986.
(5) OJ L 189, 18.7.2002.

(2004/C 51 E/213)

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

Subject: Violation of the religious freedom of Baptists in Kazakhstan

(20 June 2003)

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.

C 51 E/194

Official Journal of the European Union

EN

26.2.2004

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:

(cid:1) whether it is aware of the facts outlined above, and

(cid:1) 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
to take a more coherent and consistent approach to the promotion of human rights and
tool
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.