New Kosovo Draft Law Could Hinder Religious Freedom, Says Agency
Some of Kosovo's religious minorities as well as the Kosovo office of the Organization for Security and Cooperation in Europe (OSCE) have expressed concern over a draft religion law now being discussed by Kosovo's government
Some of Kosovo's religious minorities as well as the Kosovo office of the Organization for Security and Cooperation in Europe (OSCE) have expressed concern over a draft religion law now being discussed by Kosovo's government, a persecution watchdog group reported last week. According to Norway-based Forum 18, Kosovo’s religious minorities say that many of the draft law’s provisions—such as an apparent ban on religious activities by communities not registered with a new religious affairs commission, the requirement for new religious communities to have 500 members to gain registration and the ban on foreign leaders—violate international human rights norms.
"Without going into detail, since it is still a draft, I can tell you that we have some concerns with what we've seen," an OSCE spokesperson told Forum 18 from Pristina on Nov. 18. The spokesperson stressed that the OSCE office's department of human rights and rule of law would examine any law to ensure that it conformed to international standards.
Forum 18, which monitors religious persecution in Communist and former Soviet states, issued a report on the controversial draft law on Nov. 19 after receiving a copy of the unsigned draft dated Nov. 12.
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In their report, Forum 18 stated that despite declaring in the preamble that the aim is to define "unique legal provisions, which will provide equal rights and obligations to religious communities, without any discrimination", a number of provisions in the draft law appear to violate international human rights norms.
The draft law would appear to require religious communities to gain registration with the Ministry of Public Services to conduct any large-scale activity and denies unregistered religious communities the rights set out in the law, Forum 18 reported. Several articles that speak of performing religious ceremonies or religious publishing speak only of "religious communities"—that is, those that have registered—having this right.
According to Forum 18, Article 11 allows newly formed religious communities to apply for registration only after they have existed for five years, while Article 30 requires such communities to prove that they have at least 500 members. Applicants for registration need to supply a document outlining "the content and manner of their religious manifestation, performance of their religious activities, and their organizational and functional structure".
In addition, a clause in Article 14 declares: "Designation of religious communities should contain the word "Kosovo"," though communities subject to a larger religious community outside Kosovo would be exempt from that demand. The same article bans new religious communities from using the name of any existing registered community.
Also, the Ministry will refuse registration if the designation of the community does not meet requirements or if it "deems that the content and form of practicing religious ceremonies and other manifestations are in contravention with the legal order and public moral, or are detrimental to the life and health or to the rights and freedoms of worshiper and other citizens".
In specifying in Article 16 that "religious communities" have the right to conduct religious activities freely in their own or rented facilities, however, Forum 18 reports that it remains unclear whether unregistered communities enjoy these rights also.
Outdoor religious events are also permitted under the same article "subject to the applicable conditions and rules for public religious ceremonies," though it is not clear who will draw up such rules. Article 18 allows weddings to be performed only after civil ceremonies, while baptisms can be carried out only after registration in the register of births.
Although Article 8 recognizes the right of religious communities to choose their own leaders, Article 9 part 2 declares: "The religious community leader should be a citizen of Kosovo." Forum 18 states that it remains unclear what constitutes a "citizen of Kosovo".
“Given that both the Serbian bishops were born outside Kosovo (both Bishop Artemije and Bishop Teodosije were born in central Serbia), would that bar them from leading the Orthodox Raska and Prizren diocese,” Forum 18 asked.
Also, Article 15 provides for the government to establish a Committee for Relations with Religious Communities to implement laws and regulations on religion. This committee would consist not only of officials, but also of representatives of religious communities, potentially allowing some religious leaders to veto or restrict the activities of rival religious communities.
Meanwhile, Article 38 requires all existing religious communities to submit all necessary data within six months of the law entering into force; otherwise they will lose registration and all legal rights, Forum 18 reported. When the law enters into force, all previous laws on religion—presumably those adopted by the authorities in Belgrade—will be declared invalid in Kosovo.
The first religious group to make written comments on the draft was the Evangelical Movement of Kosova, which brings together several Albanian-speaking Protestant churches. "We believe the rights of religious freedom within the Protestant community of Kosovo will be seriously hindered should the existing draft of this Law on Religious Freedom be adopted in its present form," it declared in a Nov. 15 statement received by Forum 18.
Pointing out that in many Protestant traditions each congregation is independent, the statement objects to any attempt to force differing Protestant communities into a single Union and complains about the high numerical threshold for registering an individual congregation. "A single "religious community" in Protestantism cannot be determined by 'at least 500 believers' or any arbitrary number," the Evangelical Movement declared. "We respectfully request that no numerical figure be dictated to any Protestant 'religious community' (church). This is clearly in violation of the rights of religious freedom for Protestant believers."
Jeff Bieley, spokesman for the United Nations Mission in Kosovo (UNMIK), told Forum 18 that he was not aware of any specific action UNMIK had taken so far on the draft religion law. He said that any draft law once approved by the Kosovo government goes to the assembly, where committees discuss it before being presented for both preliminary and final approval by the full assembly. It is then forwarded to UNMIK for approval.
"UNMIK can make changes and promulgate the law, recommend changes to the assembly or refuse to promulgate it," Bieley explained. "Any law has to meet relevant United Nations human rights conventions, UN Security Council resolution 1244 which provides our mandate, as well as Council of Europe and European Union provisions."
The spokesman said Kosovo's legislation must be in harmony with the EU's “acquis communautaire,” the body of common rights and obligations that bind all EU member states.
