Jai Bhim Network

Draft Religion Law Would Constitute the Most Oppressive Religion Law in the OSCE Region

On 10 June 2011, four Christian Democrat (KDNP) Members of the Parliament submitted a proposed draft law (the “Draft Law”) regarding “The Right to Freedom of Conscience and Religion and on the Status of Churches, Religions and Religious Communities”. On 14 June 2011, only four days after the Bill was introduced in Parliament, the Committee on Human Rights, Minority, Civil and Religious Affairs approved the proposed religious legislation and voted to send the draft law to the Parliamentary Assembly for discussion and passage. The Draft Law is now scheduled for a vote before the Parliament on 23 June 2011.

Passage of this legislation would represent a serious setback for religious freedom in Hungary. The legislation contravenes the standards of OSCE, European Union, Council of Europe, European Court of Human Rights and United Nations because it clearly discriminates against minority religious groups.

The Draft Law would create the most oppressive religion law and the most burdensome registration system in the entire OSCE region. The most egregious provisions in the law include the following:

First, the Draft Law’s tiered system of state recognition is completely inconsistent with fundamental human rights as it contravenes the principles of equality and non-discrimination. The draft law includes provisions that retroactively strip numerous targeted minority faiths of their religious entity status even though they have been registered as religious entities for many years. These retroactive provisions violate the Rule of Law and the right to religious freedom. The Draft Law would “de-register” targeted minority faiths that have been registered as religions in Hungary since the adoption of the 1990 Religion Law, while allowing favored religious organizations to maintain their registered religious status and enjoy all the rights and privileges that flow to religious organizations under the Bill.

Over a hundred religious organizations currently registered as such will be retroactively stripped of their status as religious communities and “de-registered” as religious organizations if these provisions become law.

Second, religious organizations that have been “de-registered” may not use the name “Church” and will also lose their status as a religious organization if they are not “re-registered” through burdensome Court proceedings. In addition, “re-registration” can only occur if a minority religious community meets onerous duration and population requirements showing that it has been organized in Hungary for at least 20 years and has at least 1,000 members. These requirements represent a transparent attempt to suppress minority religious freedom in complete contravention of European Human Rights Court decisions and UN and OSCE’s standards.

Third, the Bill includes a narrow definition of “religious activities” based on Judeo-Christian concepts that does not comport with the broad definition of religion embraced by the UN, OSCE and European Human Rights Court that is mandated under international human rights norms that Hungary is obliged to follow.

Moreover, the government’s recognition of certain religions through “lists” annexed to the Bill due to: 1) their historical presence in Hungary; 2) their serving a substantial “public benefit” in the opinion of the government; or 3) their connection to a “worldwide religious movement” is arbitrary and inherently discriminatory. No criteria are provided regarding why a religion was included in categories 2 and 3. Many religious minorities that serve the public benefit or are connected to worldwide religions were arbitrarily kept off the lists.

This exclusionary approach is inconsistent with the Human Rights Court’s application of a fundamental human rights policy of the European Community to religious freedom issues – “the need to secure true religious pluralism, an inherent feature of the notion of a democratic society”. It would frustrate this policy of “true religious pluralism” and result in arbitrariness and unfair discrimination to interpret religion narrowly to exclude new and minority faiths.

The definitional provisions in the Draft Law do not comport with these human rights standards and would result in the denial of religious registration to numerous religious groups that should qualify under the broad definition mandated by human rights law.

Fourth, the controversial provisions in the law retroactively stripping religious organizations of their rights, “de-registering” Churches so that they no longer enjoy the rights and privileges of religious organizations, requiring religious organizations to meet onerous membership and duration requirements uniformly found to contravene fundamental human rights by the Human Rights Court, the OSCE and the UN, and narrowly defining the term “religious activities” to exclude minority faiths cannot withstand human rights or legal scrutiny. Such provisions, if enacted into law, will inevitably be overturned in the Courts after extended, needless and costly litigation for the State.

The Draft Law contravenes European Union, Council of Europe, OSCE and UN standards. It has been rushed through the Committee without time for an adequate review and debate on its provisions. Passage of this legislation will represent a serious setback for religious freedom in Hungary.

Source: http://religionandpolicy.org/cms/index.php?option=com_content&task=view&id=6932&Itemid=327