Statement of AHC and KIBHR “On the Situation over the Society for Krishna Consciousness in Kazakhstan”
Statement
of the Almaty Helsinki Committee
and
the Kazakhstan International Bureau for Human Rights and Rule of Law “On the Situation over the Society for Krishna Consciousness in Kazakhstan”
The Almaty Helsinki Committee (hereinafter referred to as the “AHC”) and the Kazakhstan International Bureau for Human Rights and Rule of Law (hereinafter referred to as the “KIBHR”) are the Non-governmental organizations, engaging in promotion of the human rights and freedoms observance in Kazakhstan, in compliance with the International standards.
Together with the representatives of the OSCE Center in Almaty, AHC and KIBHR were invited to participate, as observers, in the work of the Commission for the Situation over the Krishna’s Consciousness Community, organized at the Committee for the Religious Affairs of the Ministry of Justice of the Republic of Kazakhstan. Representatives of the General Office of Public Prosecutor of the Republic of Kazakhstan, the Supreme Court of the Republic of Kazakhstan, the Ministry of Foreign Affairs of the Republic of Kazakhstan, as well as representatives of the local Executive Authorities of the Karasai District (Hakimat) and representatives of the Krishna’s Consciousness Community were included into the Commission. Besides, representatives of the Russian Orthodox Church and Theological Administration of the Moslems of Kazakhstan were also included into the Commission.
At the beginning of December 2006, the document under the title: “Decision of the Commission for the Land Disputes of the Religious Organization “Society for Krishna Consciousness” in the Karasai District of the Almaty Oblast” was disseminated among the International organizations and some foreign countries’ Embassies. On December 22, 2006 the same document, but under the changed title: “Decision of the Commission for the Land Disputes of the Separate Members of the “Society for Krishna Consciousness” in the Karasai District of the Almaty Oblast” was formalized by its signing by the Commission members.
As observers over the activity of the mentioned above Commission, we consider it to be necessary to make the following statement.
Unfortunately, we should declare, that, in our opinion, not the objective and impartial conflict analysis was the purpose of the Commission activity, not studying of the circumstances de jure and de facto and looking for it fair settlement, but the absolute confirmation of the local Authorities’ actions lawfulness and proving absence of the religious discrimination.
We can make this conclusion on the basis of the following:
1. The Commission has conducted only four sessions, two of which were of the regulatory nature (in Astana and Kaskelen); one field session at the site (two last sessions were conducted with participation of only two Commission members) and the last one (dated on December 22, 2006) was devoted only to proclaiming of the Commission’s decision.
2. The Commission has provided no appraisal to some facts, specifying the elements of the religious discrimination, in particular:
- Administration of the Karasai District disseminates the negative information about the Society, using even the Republican mass medias, in which the Society for Krishna Consciousness is called, as a sect, unauthoritative religion, which is not recognized even in India. In particular, Mrs. R. Zhunisbaeyva, an Officer of the Internal Policy Department of the Karasai District Hakimat, responsible for work with the religious associations, made such statement on the Kazakh television Channel “the 31st Channel” in April 2006;
- According to the Society for Krishna Consciousness’ information, Mr. Ye. Ustelbayev, the District Prosecutor’s Assistant, came to the farm with the inspection, together with the National TV Channel reporters stated, that the Krishnaits posed a threat to the country’s security, and in 2002 he withdrew passports of the summer residents – members of the Community, which were returned to their owners only via the Court;
- there is a document, signed by Mr. T. Onalbayev, Chief of the Almaty Oblast Justice Department with the detailed plan of the Community liquidation;
- during providing privatization of the lands, all persons domiciling directly near the Religious Center, were obliged to inform about their religious membership in writing, as a result, the lists of the Krishna’s Consciousness Community’s members have been made;
- countrymen, calling for expulsion of the Krishna’s Consciousness Community off the Karasai District territory have been repeatedly brought by buses to the place, where the Krishnaits’ bio-farm is located with the local Authorities’ consent or even encouragement; at that, the local Authorities didn’t undertake any measures to hinder those acts, which could be qualified, as kindling the religious hostility, but assisted them by expressing the moral support and inviting journalists to cover similar actions.
3. The Legal side of the conflict and decisions, adopted by the Judicial Organs, have also raised grounds for the serious doubts and required the thorough inspection, which has not been executed.
4. No estimation has been provided to the fact of 13 houses destruction and the Society for Krishna Consciousness Community members’ eviction out of lands near Almaty city on November 21, 2006; in our opinion, it has been provided with the gross violations of the International standards, associated with the forced eviction, including violations of the provisions of the # 7 General Note, adopted by the UN Committee on Economic, Social and Cultural Rights, which Kazakhstan should follow, as the country, joined to the International Covenant on Economic, Social and Cultural Rights last year.
Statements of the Authorities representatives, made on briefing on January 5, 2007, in which members of the religious community were accused in providing the divine services and devotions in the inappropriate premises, as well as in unleashing of the massed International campaigns, almost undermining the country’s image abroad, also give rise to bewilderment.
We consider it to be necessary to remind the Authorities, that the right for freedom of conscience does not assume any restrictions in the part of the ways and procedures of providing devotions and divine services, especially within the private territory, irrespective of number of the faithful involved.
We also consider it to be necessary to remind the Authorities, that according to the Kazakhstan obligations within the OSCE, the human rights observance is not the internal affair of the State, and according to the Rights Defenders Declaration, principles of which the State should follow, as a member of the United Nations, dissemination of the information on the human rights situation at the International level is not only a right, but also responsibility of the persons, institutions and organizations.
We hope, that the Authorities will turn from accusations and hostility to dialogue and looking for the mutually acceptable decisions, including the situation over the Society for Krishna Consciousness Community in Karasai District of the Almaty Oblast.
Almaty, January 9, 2007.
The Almaty Helsinki Committee (International Helsinki Federation),
Ninel Fokina, the chairman
tel. (3272) 695328
www.humanrights.kz
The Kazakhstan International Bureau for Human Rights and Rule of Law
Eugeny Zhovtis, the head of the Bureau.
tel. (3272) 924242
www.bureau.kz
