Between religious freedom and national security

OSCE document "Freedom of Religion or Belief and Security" in Western, Russian and Ukrainian contexts

Authors

  • Victor Yelenskyy I.F. Kuras Institute of Political and Ethnonational Studies of National Academy of Sciences of Ukraine

DOI:

https://doi.org/10.32420/rs.2020.25.2134

Keywords:

Freedom of Religion and Belief, National Security, OCSE, Ukraine, Russia, Western democracies

Abstract

The article deals with the OSCE Document "Freedom of Religion or Belief and Security. Policy Guidance"(2019) from the perspective of the status of freedom of conscience and belief, as well as the political and legal realities that  prevailes in the Western countries (USA, Canada, EU member states), in Russian Federation, and in Ukraine. Author proves that attempts to balance issues of religious freedom and national security in Western countries after the 9/11 led to the establishment of a new security regime, primarily in the United States. Some essential changes designed for an effective response to current and future threats were introduced in national legal system by lawmakers in Germany, United Kingdom, Spain, France, and Italy. With all this going on, many policymakers and commentators called governments to use all necessary means to not allow terrorists and religious extremists to take advantage from what could be regarded as a vulnerability of Western democracies, namely their openness, liberal legislative regime, democratic procedures, sensitivity to human rights and human dignity. The author emphasizes that, despite some shortcomings that followed the shaping of the new security’s regime, it contains obvious components that are quite in the line with the 2019 OCSE Document’s fundamentals.

Absolutely opposite, author argues, is the approach to the religious freedom and national security dichotomy in Russian Federation. The restrictions of the religious freedom in this country motivated by the interests of national security, are such brutal that destroy the main pillars of the international law in this realm and  put Russia on a par with the most flagrant violators of religious freedoms all over  the world.

Finally, inspired by the Ukrainian model, author is proving that almost thirty years long experience in forming a model of state-church relations adequate to the spirit and letter of internationally recognized principals in the field of the freedom of conscience and belief can be productive even if the country faces enormous external and internal challenges and the balance between religious freedom and national security can be achieved even for a country at war.

References

Against people, not against terrorists. Why the new bills of Yarovaya and Ozerov are really very bad. Retrieved from: https://meduza.io/feature/2016/05/13/protiv-lyudey-a-ne-protiv-terroristov

Appleby, Scott R., Cizik Richard, Wright, Thomas (2010). Engaging Religious Communities Abroad: A New Imperative for U.S. Foreign Policy Recommendation of the Chicago Council on Global Affairs’ Task Force on Religion and the Making of U.S. Foreign Policy. Chicago Council on Global Affairs. 99 p.

Barkun, Michael (2017). The FBI and American Muslims after September 11. In The FBI and Religion. Faith and National Security before and after 9/11. Sylvester A. Johnson and Steven Weitzman, eds. Oakland, California: University of California Press. P.262-280.

Bill regarding the name of religious organizations that are part of a religious organization whose governing center is in the state which, according to the Law of Ukraine, is recognized as carrying out military aggression against Ukraine and/or temporarily occupied part of the territory of Ukraine. Retrieved from: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=60346

Bill regarding the special status of a religious organizations whose governing center is in the state which is recognizing by the Verkhovna Rada as the aggressor country (2016). Retrieved from: https://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=58849

Bosco, Robert M. (2014). Securing the Sacred: Religion, National Security, and the Western State. Ann Arbor: Michigan University Press. 160 p.

Case of Holy Synod of the Bulgarian Orthodox Church (Metropolitan Inokentiy) and others v. Bulgaria (2009) Retrieved from: https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-90788%22]}

Encyclopedia of Religion and Law in America (2009). [edited by] Christopher Thomas Anglim. – [2nd ed.] Grey House Publishing. 825 p.

Ferrari, Silvio (2020). Are freedom of religion or belief and security reconcilable? Religious Freedom, 24,100-106.

Figures and scenario: The religious war in Ukraine will be a consequence of autocephaly (2018). Retrieved from: https://tsargrad.tv/articles/cifry-i-scenarij-religioznaja-vojna-na-ukraine-stanet-sledstviem-avtokefalii_158238

Freedom of Religion and Belief in Central Asia: Tendencies and Challenges (2015). Bishkek: ОF «Open Position». 48 p.

Freedom of Religion or Belief and Security. Policy Guidance (2019). Warsaw: OSCE/ODIHR. 72 p.

Guidelines on the Legal Personality of Religious or Belief Communities (2014). Warsaw: OSCE Office for Democratic Institutions and Human Rights (ODIHR). 48 р.

Karmazyn, Igor (2018). St Bartholomew's Day Massacre. Ukraine on the edge of religious war. How does the Patriarch of Constantinople provoke bloodshed in Kiev. Izvestia. September, 11. Retrieved from: https://iz.ru/787533/igor-karmazin/varfolomeevskaia-noch-ukraina-na-grani-religioznoi-voiny

Lucius, Casey (2013). Religion and the National Security Strategy. Journal of Church and State, 55, No. 1, 50–70.

Muhametshina, Elena (2018.) The pressure over religious minorities under the Yarovaya's law is increasing. Vedomosty. March, 28. Retrieved from: https://www.vedomosti.ru/politics/articles/2017/03/29/683153-davlenie-religioznie-menshinstva

Organization for Security and Co-operation in Europe Ministerial Council (2013). MC.DEC/3/13. Kyiv, 6 December. 2 р.

Organization for Security and Co-operation in Europe Ministerial Council (2015). MC.DOC/4/15.Belgrade, 4 December. 7 р.

Podgornyi, Nicolay (2018). Sit on the split. Why Poroshenko's initiative can lead to bloody religious war in Ukraine. Izvestia. April, 20. Retrieved from: https://iz.ru/734220/nikolai-podgornyi/seli-na-raskol

Prisoners of Conscience (2020). Retrieved from: https://jw-russia.org/prisoners.html

Putin’s War on Prayer. A Russian law restricts evangelizing outside registered churches [editorial] (2016). Wall Street Journal. July 13.

Recommendation on Analyses of Legislation in the sphere of Religion or Beliefs (2015). Warsaw: ODIHR, 70 p.

Russian Security Services pay for the provocations against the UOC MP’s churches – SSU. Retrieved from: https://www.radiosvoboda.org/a/news-provokatsii-proty-upts-mp-sbu/29761076.html

Sibireva, Olga (2019). Problems of realizing freedom of conscience in Russia in 2019. Retrieved from: https://www.sova-center.ru/religion/publications/2020/03/d42165/#_Toc509950629

Six years in prison instead of a fine. The Crimean Supreme Court on appeal not only did not commute but toughened the sentence on the Jehovah's Witness (2020). Retrieved from: https://jw-russia.org/news/2020/06/5.html

The answer of Russia: Ukrainian Autocephaly has reached the Security Council. Putin discussed with the Security Council the situation of the ROC in Ukraine. Retrieved from: https://www.gazeta.ru/politics/2018/10/12_a_12019651.shtml

The Kremlin has declared unacceptable violation of the interests of the ROC in Ukraine. Retrieved from: https://www.rbc.ru/rbcfreenews/591d9f549a79476b1c88ae14?from=newsfeed

The National Security Strategy of the United States of America (2006). March. Washington, DC. 49 p.

The ROC Fears for the Fate of the Canonical Church’s Monks (2019). Retrieved from: https://tass.ru/obschestvo/5995122

The UOC MP received so much land in Ukraine that it can accommodate five Vaticans (2016). Retrieved from: https://informator.press/upts-mp-otrymala-v-ukraini-stil-ky-zemli-shcho-mozhna-rozmistyty-p-iat-vatykaniv/

U.S. Commission on International Religious Freedom 2018 Annual Report. (2018). Washington DC, April. 220 p.

Vadym Novynskyi: “I will personally stand up to defend the Lavra”. Отримано з веб-сайт: https://lb.ua/news/2018/07/25/403639_vadim_novinskiy_ya_lichno_vstanu.html

Published

2020-12-08

Issue

Section

Articles