STATE AND RELIGIOUS ASSOCIATIONS IN KAZAKHSTAN: LEGAL REGULATION AND POLITICAL CONTEXT
Abstract
The article discusses the main features of the social, political, and legal status of religious associations in contemporary Kazakhstan. The data from sociological studies and the analysis of state policy and legislation allow for the conclusion that the ongoing religious revival and an increase in the number of religious associations in the post-Soviet period have not led to a significant growth in the religiosity of Kazakhstani society or a dramatic change in the role of religion and religious associations in political and public life.
Nevertheless, after a certain period of liberalization (1991-2004), the state resumed tough control over the religious sphere and re-installed constraints on the public activity of religious structures. This change was triggered, among other factors, by the politicization of religion, mainly associated with Islamic associations or movements that are unrecognized or banned in Kazakhstan.
Despite the principle of separation of religion from the state stipulated in the legislation, the state develops its own policy in the religious sphere aimed at consolidating the secularity of Kazakhstani society. However, this consolidation—in the manner it occurs in Kazakhstan—is accompanied by pressure on believers and religious associations, the majority of which distance themselves from any political activity.
The state also creates unequal opportunities for religious associations, cultivating the privileged status of the Spiritual Board of the Muslims of Kazakhstan and the Russian Orthodox Church in Kazakhstan to gain more legitimacy for the system in both its domestic and foreign policy.
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The first day of Kurban-ait and Christian Orthodox Christmas.
See: “Terakty v Kazakhstane. Khronika pyati let,” The Open Asia, 6 July 2016, available at [http://theopenasia.net/articles/detail/terakty-v-kazakhstane-khronika-pyati-let/], 14 July 2017.
See: Perepis naseleniia Respubliki Kazakhstan 2009 goda. Kratkiye itogi. Statisticheskiy sbornik, ed. by A. Smailov, Astana, 2010, pp. 10, 101.
See: Ibid., p. 10.
See: B. Bekturganova, M. Nurgaliyeva, “Etnoreligioznaia identi︠k︡atsiia regionalnoi molodezhi,” Association of Sociologists and Political Scientists, 23 April-6 May 2016, available at [http://ru.soros.kz/uploads/user_68/2016_14_12__02_44_55__981.pdf], 8 May 2017.
See: Religiia v sovremennom Kazakhstane—otsenki naseleniia, Institute of World Economy and Policy Under the Foundation of the First President of the Republic of Kazakhstan, Almaty, 2013, p. 12.
See: Z. Shaukenova, E. Burova, D. Sikhimbayeva, “Phenomen religioznoi konversii: metodologiia issledovaniia,” Al-Farabi, Journal of Social and Humanities Studies, No. 3, 2015, p. 11; “Kak chuvstvuesh sebya, strana?,” Mezhdunarodnaia gazeta, No. 11-12, December 2014-January 2015, available at [http://gazetavesmir.com/kak-sebya-chuvstvuesh-strana/], 10 May 2017; E. Burova, A. Kosichenko, Aktualniye problemy razvitiia religioznoi situatsii v Respublike Kazakhstan, ed. by Z. Shaukenova, Institute of Philosophy, Political Science and Religious Studies of the Committee of Sciences of the Ministry of Education and Sciences of the Republic of Kazakhstan, Almaty, 2013, p. 56.
See: Z. Shaukenova, E. Burova, D. Sikhimbayeva, op. cit., p. 11.
See: “Otnosheniye kazakhstantsev k religii. V zerkale oprosa,” Informatsionno-analiticheskyi bulleten Assotsiatsii sotsiologov i politologov Kazakhstana, Almaty, 1998, p. 11. However, there were other assessments as well: 39.7% of respondents providing positive answers to the question “Are you a believer?” and 85.3% of respondents not participating in the activities of religious organizations (see: K. Kusherbaev, E. Nazarbayev, N. Sadykov, Uroven religioznosti i konfessionalnye orientatsii naseleniia Respubliki Kazakhstan, Institute of Development of Kazakhstan, Almaty, 1996, pp. 7, 13).
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See: S. Peyrouse, “Christian Proselytism in Kazakhstan,” CACI Analyst, 25 January 2006, available at [https://www.acianalyst.org/publications/analytical-articles/item/10590-analytical-articles-caci-analyst-2006-1-25-art-10590.html], 14 June 2017.
See: V. Ivanov, Y. Trofimov, Religii v Kazakhstane, Higher School of Law “Әdilet,” Almaty, 1999, p. 4.
See: R. Podoprigora, Gosudarstvo i religioznye organizatsii: administrativno-pravovye voprosy, Arkaim, Almaty, 2002, p. 242.
See: A. Artemyev, Ateism, religiia, lichnost, Kazakhstan, Alma-Ata, 1990, p. 50.
See: K. Lama Sharif, “Religioznaia gramotnost—zalog bezopasnosti obshchestva,” Kazakhstanskaya pravda, 16 November 2012.
Ibid.
See: Kontsepsiia gosudarstevnnoi politiki v religioznoi sfere Respubliki Kazakhstan na 2017-2020 gody, adopted by Decree of the President of RK on 20 June 2017, available at [www.din.gov.kz/details/ndownload.php?fn=737&lang=rus], 14 July 2017.
1,463 religious associations did not pass re-registration in accordance with the requirements of the Law on Religious Activities and Religious Associations adopted in 2011. Most of them continue to exist in different forms. As of 1 January 2012, there were 579 small-size religious groups (without the right of a legal entity), which also did not disappear after the small-size religious group institute was liquidated (see: “K. Lama Sharif: Malochislennye religioznye gruppy ozhidaiut peremen,” Zakon.kz, 1 March 2012, available at [https://www.zakon.kz/4476912-kajjrat-lama-sharif-malochislennye.htm], 14 July 2017). The existence of such small unregistered groups is proven by their regular disclosure and corresponding administrative punishment (see: “Kazakhstan: Pensioners Fined as Parliament Awaits New Law,” Forum 18 News Service, 31 August 2016, available at [http://www.forum18.org/archive.php?article_id=2212], 14 July 2017).
See: S. Sadyrova, “Nadezhnyi partner gosudarstva,” Yuridicheskaya Gazeta, 5 October 2016.
See: P. Norris, R. Inglehart, “Religious Organizations and Social Capital,” The International Journal of Not-for-Profit Law, Vol. 7, Issue 1, September 2004.
Art. 10, Item 2 of the Law of the Republic of Kazakhstan of 11 October 2011 on Religious Activities and Religious Associations.
During Soviet times, the legal status of religious associations was regulated by acts of less juridical force than law.
The law does not contain such a requirement.
At present, only two structures have the status of national religious association: the Spiritual Board of Muslims of Kazakhstan (SBMK) and the Metropolitan Diocese of the Russian Orthodox Church in the Republic of Kazakhstan.
“Mezhdu Ministerstvom po delam religii i grazhdanskogo obshchestva i DUMK podpisano soglasheniye,” Zakon.kz, 15 February 2017, available at [https://www.zakon.kz/4844330-mezhdu-ministerstvom-po-delam-religijj.html], 10 May 2017.
See: M. Weber, “Politics as Vocation,” in: From Max Weber: Essays in Sociology, ed. by H.H. Gerth and C. Wright Mills, Oxford University Press, New York, 1946, pp. 77-128.
See: “Kazakhstanskaia model tolerantnosti mozhet byt adaptirovana na vsem prostranstve OBSE—Nazarbayev,” Kazakhstan Today, 29 June 2010, available at [https://www.kt.kz/rus/politics/kazahstanskaja_modelj_tolerantnosti_mozhet_byt_adaptirovana_na_vsem_prostranstve_obse_nazarbaev_1153520413.html], 14 July 2017.
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