The Commentary of the Government

The Commentary of the Government of the Republic of Belarus on the U.S.Department of State Report on International Religious Freedom for 2004

The Belarusian side carefully examined the Extracts on Belarus of the U.S. State Department's Report on International Religious Freedom for 2004.

The U.S. assessments over religious freedom in Belarus have been made without proper weigh of the national legislation enforcement practice that ensures implementation of universally recognized international standards in the field of religious freedom.

Belarus preserves a peaceful and calm situation with religious freedom. There have been no mass cases of intolerance in the ground of religious affiliations. Belarusian authorities undertake considerable efforts for maintaining a sustainable dialogue among religious confessions in the society.

The U.S. side still resorts to the official information provided by Belarusian governmental agencies in a quite restricted way citing mainly statistics. Besides, the present U.S. State Department's report repeats in many respects the provisions of the previous report that Belarus already commented in 2004.

Facts and their interpretation, as enunciated in the U.S. State Department's report, do not find in most cases their confirmation and cannot be the ground for claiming an alleged unfavorable situation with religious freedom in Belarus. The implementation of the new national legislation on religious freedom and religious organizations, legal basis for re-registration and its results clearly show that a favorable climate is created for religious organizations' activities, constitutional rights of citizens on religious freedom and universally recognized international standards are respected in Belarus.

The U.S. government still criticizes the Law of the Republic of Belarus on the Freedom of Consciousness and Religious Organizations despite ample explanations provided by the Belarusian side in the comment on the previous U.S. State Department's report.

The results of the re-registration of religious organizations held under the Law did not affect religious structure of the society. As of December 15, 2004 128 national and regional religious organizations were re-registered at the Committee on Religion and Nationality Affairs with the Council of Ministers of the Republic of Belarus, which makes up 100 percent of all religious organizations registered before. 2676 religious communities passed re-registration, which is 99,3 percent of 2780 communities that were subject to re-registration. 12 national and regional religious organizations and 84 religious communities decided to wind up their activities. Generally these decisions were motivated by such circumstances as a factual break-up of a religious organization before the re-registration procedure, change of residency or the fact that founders had taken no part in the organizations' activities.

The Committee on Religion and Nationality Affairs has taken steps to ensure a proper re-registration of religious organizations:

Worked out methodical recommendations on the way the paper should be filled in and their examination procedure for registration and re-registration.
Elaborated all necessary paper types for the re-registration procedure.
Held seminars for regional, local and municipal officials to clarify the re-registration procedure for religious communities.
Organized briefings for national and local religious associations' leaders to clarify the issues raised in the course of the re-registration.
Passed methodical materials and explanations on re-registration issues to the national religious associations;
Provided advisory assistance to religious confessions registered in Belarus in elaborating the draft charters of religious organizations.

The U.S. assertion that a religious organization cannot register as it has no legal address, which allegedly forces unregistered groups to gather illegally, usually in private apartments, is groundless. 536 religious associations were registered at private separate houses. Local executive authorities satisfied religious communities' petitions to hold public worship in private apartments. Thus 24 communities in Minsk, 109 in Minsk region, 71 in Grodno region and 121 in Brest region with 101 communities in its rural areas were allowed to hold public worship in private separate houses. Such permissions were also issued to newly registered organizations.

In January 2004 the Committee on Religion and Nationality Affairs gave explanations to Belarusian religious associations and local authorities on the procedure of conducting religious activities outside the area of responsibility of religious organizations and ensuring citizens' rights to practice religion and to hold worship in settlements in which there are no registered organizations of a particular confession.

Belarusian citizens may enjoy their constitutional right to practice any religion by praying, reading the Bible or communicating privately. Priests and other representatives of religious organizations are entitled to visit other believers privately in locations outside the area of religious organizations' activities as private persons.

The national legislation stipulates the procedure for inviting foreigners to Belarus by religious associations. In 2004 877 foreign citizens were invited: 196 persons came for religious activities and 681 – for non-religious activities.

The U.S. State Department's claim that tax privileges are given exclusively to the Belarusian Orthodox Church, and thus other confessions have an alleged unequal status, is incorrect. In accordance with national legislation in 2003 and 2004 local and municipal Councils of deputies lowered estate and land tax rates for all religious organizations regardless of their confession. Only those religious associations that occupy buildings being historic and architectural monuments are exempt from paying land tax. In 2003 the land tax cut for religious organizations made up BYR 400 million and in 2004 – BYR 500 million.

The U.S. statement of alleged high costs to obtain permission for conducting a public worship in a rented apartment is false. Resolving the issue of holding a public worship in premises that are not intended for this purpose does not need any payment. Evaluation of the rent cost is an exclusive prerogative of the premises' owners.

The U.S. claim that Belarusian authorities refused to consider the Reformatory Calvinist Church's request to hold an international conference on 450^th anniversary of the Church's Establishment is groundless. This organization did not address on this matter Minsk City Executive Committee or Minsk District Administrations.

The U.S. statement about permanent violations of religious freedom in Belarus is biased and groundless. Sanctions against representatives of religious associations are imposed only for violating the existing laws and are not aimed at limiting religious freedom.

In this regard, Mr. Y. Denischik was called to administrative responsibility for holding prayer assemblies and religious education of children without their parents' consent. Such actions break Belarusian and international legislation on children's rights, in particular the International Covenant on Civil and Political Rights, Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Convention on the Right of the Child.

Mr. O. Kurnosov was called to administrative responsibility for conducting religious activities on behalf of an unregistered organization. He explained his actions by non-recognition of the national legislation.

Belarus has ensured a clear procedure of transmission of former cult buildings to religious associations. Under agreement between Minsk City Executive Committee and Belarusian Judaic Community, in exchange of the building of the State Russian Drama Gorky Theatre, which used to be a synagogue, the community received a building in another city's district. In 2003 and 2004 municipal authorities did not receive any other claims from Judaic organizations concerning return of cult buildings. During that period believers received former cult buildings in Borisov and Mogilev.

The U.S. statement that Belarusian government does not pay attention to problems of Jewish organizations is unjustified. Information on reconstructing the "Neman" sport center in Grodno is set out in the Report on a biased and one-sided manner without proper weigh of numerous Belarusian comments. All reconstruction works are conducted in a strict compliance with the national legislation and current international practice.

In the course of reconstruction Belarusian authorities have given proper weigh of Jewish public and religious organizations' requests and wishes. The association Antra Kadisha has taken a special position during reconstruction. The Grodno regional authorities frequently met Antra Kadisha's representatives to discuss relevant issues.

Actually the bulk of reconstruction works is completed, and ground works are not conducted on the site any more. All works were conducted in a full compliance with the protocols singed by Grodno Region Executive Committee, Grodno City Executive Committee and Antra Kadisha.

The U.S. claim that the status of Jewish cemetery in Olchinsky Street in Mogilev was changed does not correspond to reality. The cemetery was called "Jewish" by city residents because most of the buried in the cemetery were of Judaic religion. Since 1917 all burials have been conducted regardless of religion or nationality. As a result, the Jewish tombs formed less than one fifth of all burials in the cemetery. Today the cemetery is closed for burials. According to the national legislation only close relatives have the right to make additional burials within the fence of a particular tomb in the territory of a closed cemetery.

Mogilev City Executive Committee has been working over picking out a separate lot for Jewish burials as requested by Jewish communities. Jewish communities' leaders were offered to choose a lot in any open cemetery in the city. They have given no answer so far. Opening a lot in the Olchinsky Street cemetery is impossible due to the absence of a sanitary safety zone (300 meters for traditional burials) between the cemetery and the residential area. Mogilev City Executive Committee provided in December 20, 2002 an additional lot of 0,56 hectare in the cemetery for architectural and reconstructive works and for reburying human remains that had been found in the old tombs' area. New burials are not made in the closed Olchinsky Street cemetery in Mogilev.

The report's information about distribution of anti-Semitic literature in Belarus is false. The Ministry of Education of the Republic of Belarus did not publish a "Religious behavior" textbook, which allegedly treats the beliefs of some religious communities' as neo-cults and sects.

The investigation of the Belarus' Prosecutor Office in October 30, 2003 into anti-Semitic literature sale by The Orthodox Bookstore revealed that the Bookstore had not received such books. Mr. Y. Basin who applied on this issue to the Prosecution office failed to present documental evidences in supporting his accusations on an alleged sale of anti-Semitic literature in The Orthodox Bookstore.

The U.S. statement that the Belarusian Orthodox Church is the owner of The Orthodox Bookstore is groundless. The Bookstore is a part The Orthodox Initiative, which is not a religious organization or legal entity established by the Belarusian Orthodox Church.

Belarusian government has constantly focused on combating anti-Semitism. Prosecution bodies brought a criminal action against an underage resident of Brest A. Laskutov for desecrating in January 2002 the Holocaust victims' monument. The criminal case was closed later due to the Amnesty Act of September 2, 2002.

In June 2004 a group of teenagers slightly damaged four gravestones in the Jewish cemetery in Cherven, Minsk region. Taking into account the offenders' age the gravestones were restored at the expenses of minor's parents.

In May 2003 an act of vandalism was committed at eight tombs in the Jewish cemetery in Tsimkovichi village, Kopyl district, Minsk region. The Local Prosecutor Office launched criminal proceedings on this case. In 2003 the whole cemetery was refined. Concrete paths, flower-beds and metal fences were built. The vandalized tombs were restored.

In 2002 a criminal case was brought for vandalism of the War Memorial to Jewish Victims in Lida. In June 2002 the case was suspended as the suspects had not been found. The Lida municipal service put the burials to a proper order.

Belarusian authorities make active efforts in suppressing activities of anti-Semitic organizations. In April 2004 law enforcement authorities prevented an attempt of distribution of the Orthodox Russia leaflets in Gomel by Russian Nation Unity activists A. Nesterovich and A. Serenko. In May 2004 they were fined together with four other activists, and A. Nesterovich was sentenced to a 10-day arrest for committing such offense twice. The police confiscated 5000 leaflets with the Russian Nation Unity logotypes. Law enforcement authorities take preventive measures toward five Russian Nation Unity activists living in Gomel.

The Belarusian side hopes that the U.S. government will properly consider official information of Belarusian state bodies on religious freedom while preparing the next International Religious Freedom Report.