Yeltsin hands back new religion law

Christian Century, August 13, 1997

President Boris Yeltsin has declined to approve legislation which would have strengthened protection for Russia's traditional religions and created major difficulties for foreign religious groups. Yeltsin's action sends the controversial legislation back to the Russian parliament, the State Duma, only a month after its lower chamber overwhelmingly approved it by 337 votes for and five against. The proposed law required President Yeltsin's signature to come into force.

By refusing to add his signature to the bill "On Freedom of Conscience and Religious Association," Yeltsin ignored a last-minute plea by Patriarch Alexsy, leader of the Russian Orthodox Church, the nation's most powerful religious organization. Designated in the bill as an "inalienable part of Russia's historical, spiritual and cultural heritage," the Orthodox Church had given strong support to the legislation. The bill also had support from Muslim, jewish and Buddhist leaders whose faiths were described in it as "traditionally existing religions and local beliefs" worthy of the state's "respect."

In a letter sent to President Yeltsin on July 17, Alexsy appealed to the president -- "on behalf of the millions-strong Orthodox flock" -- to enforce the new measure. Its rejection, the patriarch said, would lead to "further spiritual and moral destabilization in Russia." He added that the bill combined "respect for traditional Russian religious associations and consideration for the rights of religious minorities who will fully preserve an opportunity to confess their faith freely." On July 20 Alexsy compared the "eastward expansion of foreign sects and missionaries in Russia" to the eastward expansion of NATO.

But even though the bill's defenders said it was aimed at restricting the activities of sects in Russia, some mainstream religious groups outside Russia feared it would also affect them. The bill would have imposed rigorous restrictions. on all foreign religious groups, requiring them to apply for official registration with the government and forbidding them to own property or hold public worship for 15 years after initial registration.

Protestants and some human rights groups in Russia complained about the proposed legislation. In the U.S., Baptists, Pentecostals and Mormons apparently put pressure on the Clinton administration to advise President Yeltsin to halt the bill. According to press reports, the U.S. Senate threatened to cut aid to Russia if the legislation was passed. President Clinton also expressed concern about the bill, although he said he did not believe the U.S. should cut off aid if it were enacted.

The Vatican also expressed doubts about the measure, fearing it would affect Catholics in Russia who have been rapidly re-establishing their church since the fall of communism. Pope John Paul described the legislation as posing a "real threat to the pastoral activities of the Catholic Church in Russia and to its very survival." Recently European Union representatives presented the Russian Foreign Ministry with a formal diplomatic note expressing concern that the legislation would "severely restrict the religious freedom which now exists in Russia and which is guaranteed by the constitution."

The tide of criticism from the West helped to heighten the nationalistic tones of the debate in Russia. Many Russians view foreign religious activity in their country as a threat to national identity and sovereignty as well as a religious insult. The New York Times quoted Pavel Chinilin, a director of religious instruction in the Russian Orthodox Church, as saying that the "only reason [Yeltsin] didn't sign [the bill] was because of foreign influence."

In a statement following his rejection of the bill, Yeltsin acknowledged that "this was a very difficult decision." Pointing out that the bill had the support of the Duma and the Orthodox Church, he also conceded that some form of the measure is necessary in order to "protect the moral and spiritual health of Russians and prevent the penetration of radical sects inflicting serious damage to the health and psyche of our citizens." But Yeltsin added that "many provisions of the law infringe on constitutional rights and freedoms of individuals and citizens, establish inequality between different confessions, and violate Russia's international obligations." Concluded the president: "We can't have a democratic society if we violate the constitution, and fail to defend the interests of any minority of our citizens."

In the most recent development, Yeltsin and Patriarch Alexsy announced August 6 that they would work together to fashion new legislation to replace the controversial bill Yeltsin rejected. At a religious service in Moscow, Yeltsin and Alexsy kissed and pledged to work together to create a compromise bill that both could live with.

"No obstacle shall separate us, because we know the role and the importance of the restoration in Russia of Orthodox Christianity and the Orthodox Church," declared Yeltsin. "I am satisfied that the president has moved to meet the aspirations of tens of millions of our church's faithful," said Alexsy.