US Commission on International Religious Freedom concerned about bill 8371

The US Commission on International Religious Freedom. Photo: armenpress.am

On April 9, the US Commission on International Religious Freedom sent an official letter to the US Ambassador to Ukraine, Oksana Makarova, expressing its concern regarding the preparation for the second reading in the Verkhovna Rada of bill No. 8371, aimed at effectively banning the UOC, reports Religion in Ukraine.

The Commission analysed the version of the bill that had already been approved by the VR Committee on Humanitarian and Information Policy. The letter noted that this version of the law contains "several problematic provisions with negative consequences for freedom of religion or belief". The Commission inquired about the criteria for determining the affiliation of religious organisations with the ROC, under which the state threatens to deregister violators from the register of legal entities and confiscate their property to the state budget. The US considered such criteria to be "excessively burdensome" and "directed against religious communities, without requiring evidence of criminal activity".

The Commission was also unsatisfied with the description of the "Russian world" ideology in the law, stating that such a description gives the state grounds to arbitrarily define the composition of the crime and its spreaders.

The Commission insists that Ukraine submit the bill for consideration to the Venice Commission of the Council of Europe or the UN Special Rapporteur on Freedom of Religion and Belief "to confirm the compliance of the bill with international law".

In the letter, five questions were raised regarding the forthcoming bill 8371: whether the activities for the ROC will be declared a criminal offenсe, whether the activities of religious organisations recognised as affiliated with the ROC are considered criminal, what will happen to religious organisations (and their private property) that recognise the spiritual authority of the affiliated RO, and how the activities to spread the "Russian world" ideology are planned to be criminalised.

Ukraine prepared a response in which it refused to comment on the version of the bill approved by the Committee on Humanitarian and Information Policy of the Verkhovna Rada and only responded about the bill passed in the first reading. In particular, the initial bill does not establish criminal or any other sanctions for religious activities.

Regarding religious organisations affiliated with or part of the ROC, the "bill provides for the introduction of a mechanism to control the activities of religious organisations registered in Ukraine". Only activities that threaten national security are considered criminal – in particular, the spread of narratives outlined in the Decree of the VRNS. Nevertheless, the state will not tolerate the activities of such organisations and will deregister them through the court at the first opportunity.

Furthermore, in the response, Ukrainian officials clarified that by affiliation, the bill means not spiritual connection but organizational relations. And the government's requirements for the UOC are simple – to sever organisational ties with the ROC.

The Ukrainian side emphasised that if a religious organisation dissociates itself from the ROC, no one will encroach on its property. If it does not dissociate itself, in the event of termination of its activities through the court, the property may pass to the state.

Finally, the Ukrainian side stated that "the government version of the bill does not mention the 'Russian world.'"

As reported, American defender of the UOC Robert Amsterdam previously urged not to use American money to target Christians.

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