The law aims to prevent the Russian Orthodox Church from operating within Ukraine and bans any religious organization linked to it, as well as organizations based in countries deemed to be “engaged in armed aggression against Ukraine.” The State Service of Ukraine for Ethnic Policy and Freedom of Conscience is tasked with identifying these links, granting organizations a nine-month period to sever ties or face court action leading to dissolution.
Hugh Williamson, Europe and Central Asia director at Human Rights Watch, emphasized that while addressing state security concerns amid ongoing conflict with Russia is crucial, the law risks violating the fundamental right to religious freedom. “This law could have severe implications for the rights of Ukrainian Orthodox Church members,” he stated.
Human Rights Watch urges the Ukrainian government to pause the implementation of the law and seek expert analysis from the Venice Commission and the Organization for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights. Such consultations could provide a framework for a rights-respecting revision of the law.
The UOC was established in 1990 as an autonomous branch of the Russian Orthodox Church, which has openly supported Russia’s military aggression against Ukraine. Despite the UOC’s public condemnation of the invasion and its efforts to assert independence, the Ukrainian government has questioned the church’s autonomy, maintaining that its status as part of the Russian Orthodox Church remains unchanged.
Notably, the law does not affect the Orthodox Church of Ukraine (OCU), which was established in 2019 and operates independently. Critics argue, however, that the sweeping nature of the new law could drive UOC congregations underground, forcing them to practice their faith in secrecy and leaving millions of parishioners vulnerable to increased scrutiny.
Since the invasion began, Ukraine’s security services have initiated criminal proceedings against over 100 clergymen, primarily affiliated with the UOC, on charges ranging from collaborationism to aiding an aggressor state. This enforcement raises concerns about the practical implications of the new law, which could lead to restrictions on religious properties, accessibility issues, and heightened surveillance.
International human rights standards stipulate that any punitive actions against individuals must be based on specific unlawful activities, not merely their peaceful religious practices. Human Rights Watch insists that prosecuting or penalizing individuals based solely on their adherence to faith constitutes religious discrimination.
In response to inquiries from Human Rights Watch, the State Service of Ukraine for Ethnic Policy and Freedom of Conscience clarified that the primary objective of the law is to prevent the exploitation of religious organizations against Ukraine. They emphasize that the law does not demand changes to the UOC’s liturgical practices but requires a severance of ties to the Russian Orthodox Church.
The law’s expansive definition of ties includes not only institutional connections but also canonical relationships, which could undermine the legitimacy of the beliefs held by UOC adherents. Archimandrite Cyril Hovorun, an expert affiliated with the UOC, warned that the law could further alienate congregations, particularly those in occupied territories who resist joining the Russian Orthodox Church.
As Ukraine navigates the complexities of national security and religious freedom, it remains obligated to uphold both domestic and international laws that guarantee the right to religious practice. The European Convention on Human Rights and the International Covenant on Civil and Political Rights enshrine these protections, emphasizing that any limitations must be necessary and proportionate.
Human Rights Watch calls upon Ukrainian authorities to ensure that actions taken against religious communities are grounded in credible evidence of wrongdoing, rather than broad associations that could unjustly penalize peaceful practitioners of faith.
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