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religious associations in Kazakhstan, and action is taken against those who fail to
comply.
234.
Finally, the Government noted that, in Kazakhstan, questions of religious
freedom are viewed in the broader context of efforts to uphold human rights.
Religious associations may resolve any problems arising at the local level by applying
to independent institutions to protect their rights, for example the Kazakh
Government’s Council for Relations with Religious Associations, whose members
include the leaders of many of the religions represented in Kazakhstan; the
Association of Religious Associations, which is playing an increasingly prominent
role in solving interdenominational problems; and the national Human Rights
Commission, the Ministry of Justice and the Office of the Commissioner for Human
Rights of the Republic of Kazakhstan.”
Communication sent on 6 July 2005
235.
The Special Rapporteur was informed that the Parliament had recently
approved what were believed to be far -reaching "national security" amendments to
eleven laws. Concern had been expressed that the ban on the activity of unregistered
religious associations and the amendments to the administrative code significantly
limited believers' rights.
236.
The draft law introduced amendments to both the criminal and the
administrative codes. Indeed, Article 337 (1), included in the Criminal Code,
provided that: "Organizing the activity of a public or religious association or another
organization after a court has taken a decision to ban their activity or to close them
down because they give rise to extremism". It punished participation in the activity of
a religious association that had been banned by a court with a fine of 200 times the
monthly wage, or up to two years' imprisonment.
237.
Moreover, a new Article, 374-1, was introduced to the administrative code,
and punished participation in the activity of an unregistered religious organization
with a heavy fine. Also article 375 of the administrative code, which dealt with
violations by religious groups in the past, including by punishing refusal to register a
religious organization was amended as follows: "Missionary work carried out by
citizens, foreign citizens and persons who have no citizenship, without the appropriate
registration, will attract a fine of up to 15 times the monthly wage of a citizen, while
foreigners and persons without citizenship will be fined up to 15 times the monthly
wage and will be expelled beyond the borders of the Republic of Kazakhstan."
Response from the Government dated 31 August 2005
238.
The Government informed that on 8 July 2005 the Head of State signed an
Act amending and supplementing certain legislative acts, including the Freedom of
Religion and Religious Associations Act. With the entry into force of the new Act,
the operation of unregistered religious organizations is prohibited as a criminal
offence. The penalty is a prison term of three to six months imprisonment. In
addition, the Act regulates the procedure for reorganizing and closing down religious
organizations and introduces additions to the definition of criminal and administrative
responsibility for certain offences arising from displays of extremism. The bodies