A/HRC/13/23/Add.1 and inter-ethnic relations. The Government asserts that in accordance with the Constitution (art. 20) freedom of speech is guaranteed and censorship is prohibited. B. Religious freedoms 55. The Government Committee on Religious Affairs reported that, in 2008, there were representatives of over 40 religious confessions organized into 4,001 religious associations and groups. The Government highlights a considerable increase in the number of places of worship since independence.13 The majority of the population are of Sunni Muslim and Russian Christian Orthodox religions. The Government makes a conceptual distinction between “traditional” faiths and others that have emerged since independence, which it refers to as “non-traditional” faiths. It recognizes 50 organizations representing “nontraditional” religions. Government representatives noted a high degree of religious tolerance, dialogue and strong inter-faith relations in a secular Kazakh State. Kazakhstan hosted the third Congress of Leaders of World and Traditional Religions in Astana in July 2009. 56. Article 22 of the Constitution states that everyone has the right to freedom of conscience. Article 149 of the Criminal Code establishes criminal liability for obstructing the exercise of the right to freedom of conscience and religious belief. The Law on Freedom of Religion and Religious Association was passed in 1992. Amendments to that law were blocked by the Constitutional Council in 2002, on the grounds that they violated the Constitution by proposing to: (a) ban religious groups not registered with the State; (b) require registration of all missionaries; and (c) deny registration to certain unrecognized Muslim organizations. However, on 8 July 2005, President Nursultan Nazarbayev added amendments to the national security legislation19 that achieved the same restrictions on religious freedoms. Government officials informed the independent expert that they were engaged in fighting extremist groups and “sects” that promoted intolerance and disruption. As a result, all religious communities, missionary activities and religious literature must be registered. 57. Another amendment, proposed in 2008,20 sought once again to amend the 1992 Law on Religion to increase restrictions further. It was found to be unconstitutional by the Constitutional Council on 11 February 2009. The Council found that the 2008 proposed amendments held “non-traditional” religions to a different standard for registration purposes. The draft law proposed the establishment of a legal distinction between religious groups, having fewer than 50 members in any given locality, and religious associations, the former having no status as a legal person. Under the proposals, religious groups would not be permitted to engage in missionary work or maintain premises widely accessible for the purpose of worship. The Government highlights that the Constitution (art. 39) allows rights and freedoms of citizens to be limited by laws necessary for the protection of the constitutional system, defence of public order, human rights and freedoms and the health and morality of the population. Article 39 (2) states that any action capable of upsetting inter-ethnic accord shall be deemed unconstitutional. 58. The independent expert met with representatives of religious minorities, including Baptists, the Unification Church, Scientologists, the Baha’i, the Lutheran Church, the New Life Pentecost Church, the Agape Church, the Grace Church, the Ahmadi faith, the 19 20 GE.10-10602 Law on Additions and Amendments to Laws of the Republic of Kazakhstan relating to National Security. Law on Amendments and Additions to Several Legislative Acts on Questions of Freedom of Conscience and Religious Associations. 15

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