General Regulations on the Freedom of Religion

Introduction

The relations connected with the right to freedom of conscience and religion of human being and citizen shall be regulated in the Republic of Armenia by the Law of RA on Freedom of Conscience and Religious Organizations adopted on 17․06․1991, by the Amendments to the Constitution of RA  adopted on 06․12․2015 and by other laws.

The Law of RA on Freedom of Conscience and Religious Organizations is one of the first laws after the independence of RA, which till now has not been brought into compliance with the Constitution of RA (with amendments) adopted in 2015.

For this reason the content, extent and subjects of the right to freedom of conscience and religion are broader by the Constitution of RA than by RA Law on Freedom of Conscience and Religious Organizations.

Unlike the Constitution of RA, the full realization of the right to religion is not ensured by RA Law on Freedom of Conscience and Religious Organizations. Particularly:

  • only the citizens' freedom of religion is guaranteed, it does not include the freedom of manifesting the religion or belief in public or in private, otherwise than by religious rites, it doesn’t include the freedom to preach and change the faith,
  • religious organizations can be founded only by RA citizens,
  • only the activity of the registered religious organizations is recognized.

The religious organizations, except for the Armenian Apostolic Holy Church, function only within the scope of their faithful members and only within the clearly defined scopes of the rights prescribed by law.

Religious Freedoms of Physical Persons

The RA Law on Freedom of Conscience and Religious Organizations ensures only the citizen’s right to freedom of conscience and religion, which includes the free determination of one’s attitude toward religion, professing any religion or not professing any religion, engaging in religious rites individually or in community with other citizens (Article 1).

The Constitution of the Republic of Armenia guarantees the right to freedom of conscience and religion of any person (foreign citizen, stateless person, refugee, etc.), which includes the freedom to change the religion or belief, and the freedom to manifest them in preaching, church ceremonies, other rites of worship or in other forms, either alone or in community with others and in public or in private (Article 41).

It is forbidden to coerce or compel a citizen to make a decision concerning the issues of participating or not participating in services, religious rites, ceremonies and religious education (Article 3).

The state has no right to force a citizen to profess any religion (Article 17).

The citizens of the Republic of Armenia and each person are equal before the law in all spheres irrespective of their attitude toward religion or their religious affiliation (Article 28) (Article 2).

The Constitution of the Republic of Armenia, along with other features, prohibits the discrimination based on religion. A number of laws concerning this field also define prohibition of discrimination on the basis of religion.

It is also necessary to mention, that all civil responsibilities defined by the legislation of the Republic of Armenia apply to all citizens, including the members of a religious organization. Alternative service is an exception, which is regulated by the RA Law On Alternative Service.

Religious Freedoms of Religious Organizations

The relations connected with religious organizations are mainly regulated by the Constitution of RA, RA Law on Freedom of Conscience and Religious Organizations, the Civil Code of RA; and the relations connected with registration are also regulated by the RA Law on State Registration of Legal Persons, State Record-Registration of Separated Subdivisions, Institutions of Legal Persons and Individual Entrepreneurs.

The freedom of religion, as a fundamental right guaranteed by the Constitution of RA, extends to religious organizations to the extent this right, by virtue of its nature, is applicable thereto (Article 74).

The Constitution of the Republic of Armenia guarantees the freedom of activity of religious organizations in the Republic of Armenia (Article 17), as well as stipulates that religious organizations enjoy legal equality, are endowed with autonomy (Article 41), are separate from the State (Article 17).

It is defined by RA Law on Freedom of Conscience and Religious Organizations that the church is separated from the State.

Thus, religious organizations, including the Armenian Apostolic Holy Church:

  • have equal rights and responsibilities, are equal before the state, law and court,
  • decide on their own internal management and organizational issues, the state does not interfere in their law-abiding activities and internal life,
  • can not perform any governmental function or participate in state administration.

The activity of any state authority or person performing the assignments thereof within a religious organization is prohibited (Article 17).

Obstructing the activities of religious organizations give rise to liability prescribed by the law.

The religious organization is a non-commercial organization, a type of public association with its own peculiarities.

According to the Article 4 of RA Law on Freedom of Conscience and Religious Organizations a religious organization is an association of citizens established for the purpose of professing a common faith, as well as for fulfilling other religious needs.

The following are considered to be religious organizations: ecclesiastical and religious communities, dioceses, monasteries, religious congregations, educational and publishing institutions thereof and other religious-ecclesiastical foundations (Article 4).

Within the territory of the Republic of Armenia function:

  • the Armenian Apostolic Holy Church with its with traditional organizations,
  • other religious organizations which are established and function within the scope of their faithful members in accordance with private property and charter (Article 6).

Religious organizations have no right to be founders and members of commodity exchanges, can not be redomiciled.

It is prohibited for the religious organizations to:

  • get involved in the election campaign and use its resources for the implementation of the election campaign in connection with the state, local elections or referendums,
  • make donations to political parties, both by the organization itself and by an organizations in which it is a participant,
  • make payments in the “Yes” or “No” foundations of the referendum and local referendum.

The religious organizations may have representatives in the Standing Committees of the Public Council in accordance with the RA Law on Public Council, participate in the organization and financing of blood donation campaigns, as well as issue securities for religious purposes.

The Article 7 of RA Law on Freedom of Conscience and Religious Organizations defines the rights of the religious organizations, which may be realized by the religious organizations during the spiritual and religious activities thereof.

In particular, the religious organizations have the right:

a) to rally their faithful around them,

b) to satisfy all the spiritual-religious needs and requirements of their faithful,

c) to perform religious services, rites and ceremonies in sanctuaries and buildings belonging to them, in places of pilgrimage, in the institutions of religious organizations, as well as cemeteries, houses and apartments of citizens, hospitals, homes for elderly people and the disabled, detainment centers, military units at the request of citizens living there and being members of a given religious organization,

d) to establish corresponding groups for religious education aimed at the religious education of its members and their children with the consent of parents, utilizing for this purpose the constructions belonging to them or set aside for them,

e) to engage in theological, religious and historical-cultural studies,

f) to train members for clergy or for scientific and pedagogical purposes in the educational institutions of their spiritual centers,

g) to obtain and utilize objects and materials of religious significance,

h) to make use of mass media in accordance with the law,

i) to establish relations with religious organizations of other countries regardless of their national and credal belonging, to invite the representatives thereof, to send their faithfuls abroad on a business trip to participate in pilgrimages, meetings and other religious events as well as for educational purpose or for rest,

j) to get involved in charity.

The above-mentioned rights arise from the moment of registration of the religious organization in the Republic of Armenia.

Though in accordance with the Article 7 of RA Law on Freedom of Conscience and Religious Organizations the religious organizations are to carry out their spiritual and religious activities within the clearly defined scopes of the rights prescribed by the Article and only within the scope of their members, however, in practice the scope of the rights and activities of religious organizations is broader in the light of the Article 41 of the Constitution of RA.

It is also necessary to mention that the Code on Administrative Offences provides for administrative liability for the religious organizations registered in RA for engaging in activities not provided for by the charters thereof.

In accordance with the clause 8 of the Article 15 of RA Law on Defense it is prohibited to establish religious organizations in the armed forces and in other troops; and the religious propaganda is also prohibited within the territories of military units, military organizations, military-educational institutions. An exception is made for the Armenian Apostolic Holy Church, the activities of which is regulated under the Law of RA on the Relations of the Republic of Armenian and the Armenian Apostolic Holy Church (Article 10).

The religious organizations are obliged to ensure the preservation and purposed use of the property transferred to their ownership by the state, as well as the historical monuments under their ownership (Article 11).

The religious organization has the right to establish branches, institutions for the implementation of its statutory goals, the procedure for state registration of which is prescribed by Chapter 12 of RA Law on State Registration of Legal Persons, State Record-Registration of Separated Subdivisions, Institutions of Legal Persons and Individual Entrepreneurs.

The Sources of Financing of Religious Organizations

The religious organizations have the right to turn to people in RA, as well as abroad requesting voluntary contributions and donations of money or other gifts, and to dispose of the same. Moreover, these contributions and donations are not subject to taxation (Article 12)

However, certain restrictions concerning the financing of religious organizations shall be defined by the Article 13 of RA Law on Freedom of Conscience and Religious Organizations.

Particularly:

  • the religious organizations having spiritual centers outside the territory of RA cannot be financed by those centers,
  • the religious organizations cannot be financed by parties and cannot finance them.

Reacting to the Cases of Discrepancy between the Constitution and the Law

Having the highest legal force, the Constitution of RA does not function directly.

Based on the fact that certain laws adopted before the constitutional amendments of 2015 and containing regulations on the right to freedom of conscience and religion, including RA Law on Freedom of Conscience and Religious Organizations, have not yet been brought in compliance with the Constitution of 2015 (with amendments), there are situations when the provisions of the law, contradicting to the Constitution of RA, are applied, violating the person’s right to freedom of conscience and religion.

In such cases, if a person thinks that the provisions of the regulatory legal act applied against him/her do not comply with the Constitution of RA, he/she should apply to the court during the ongoing case, with the request to apply to the Constitutional Court of RA on the issue of considering the constitutionality of the provision of the law applied against him/her.

In case the motion is satisfied, the court applies to the Constitutional Court of RA and the examination of the case is being suspended.

The court decision on denying the motion to apply to the Constitutional Court of RA shall not be subject to appeal.

If under a specific case the final act of court is available and all judicial remedies have been exhausted, the person (in this case also the religious organization) may apply to the Constitutional Court of RA to challenge the constitutionality of the relevant provision of the regulatory legal act applied against him or her upon that act (Article 169).

In other cases, if the person thinks that any provision of a regulatory legal act contradicts the Constitution of RA, he/she may apply to the Human Rights Defender of RA with the request to apply to the Constitutional Court of RA (Article 169).

Soulhunting

According to the Article 8 of RA Law on Freedom of Conscience and Religious Organizations, soulhunting is forbidden within the Republic of Armenia.

However, neither RA Law on Freedom of Conscience and Religious Organizations, nor any other regulatory legal act defines the concept of soulhunting, and no responsibility is prescribed for soulhunting.

Instead, it is defined under the Article 8 of RA Law on Freedom of Conscience and Religious Organizations that any activity carried out within the framework of the rights mentioned under the Article 7 of the same law can not be considered soulhunting.

It is also necessary to mention that “soulhunting” is a non-legal term, which is used instead of the terms “conversion” or “proselytism” as an equivalent. However, the terms “proselytism” or “conversion” describe a behavior allowed for the realization of the freedom of religion, which is even subject to protection, guaranteed by the Constitution of RA.

Hence, only the improper conversion or improper proselytism can be prohibited, which is accompanied by certain illegal and unlawful behavior.

The Secrecy of Confession

The Republic of Armenia recognizes the secrecy of confession, which means that at the investigative and judicial instances the ordained clergyman-confessor shall not be interrogated as a witness about the circumstances of the case, which became known to him during the confession (Article 201, Article 86).

It is therefore highly desirable for the religious organizations to establish internal regulations within the framework of the organization of their internal affairs, which will regulate the procedure and terms for the ordination of a clergyman as a confessor.

Religious Associations

Each person has right to realize his/her right to freedom of religion either alone or in community with others through a religious group or a religious organization considered as religious associations.

Under the Constitution of RA the freedom of activities of religious organizations is guaranteed in RA (Article 17).

Though the term “religious groups” is not used in the Article 17 of the Constitution of RA, the term “religious organization” is interpreted in a broad sense including also the religious groups.

Religious Groups

The activity of religious groups is not recognized under RA Law on Freedom of Conscience and Religious Organizations; however, it follows from part 1 of the Article 41 of the Constitution that religious groups can function in RA regardless of the fact of state registration.

The RA Code on Administrative Offenses provides for administrative liability for violating the legislation on religious associations, in particular, for avoiding the registration of the association by the leaders of religious associations in state administration bodies (Article 206).

However, this norm is obviously unconstitutional and it has fairly not been applied during the last decade in RA.

Unions of Religious Organizations

Until 04․02․2017 the religious organizations had the right to establish unions of religious organizations for coordination of their activities, as well as for representing and defending the common interests (Article 125). Hence, within the framework of coordinating their activities, the religious organizations could also carry out religious activities.

By the RA Law on Making Amendments and Additions to the Civil Code adopted on 16.12.2016 and entered into force on 04․02․2017, and the RA Law on Non-Governmental Organizations (Article 2), the legal possibility of forming unions by the legal entities was replaced by the possibility of establishing a non-governmental organization by the legal entities.

At the same time, the Article 10 of the RA Law on Non-Governmental Organizations restricted the possibility for the religious organizations to establish a non-governmental organization or to be a member of a non-governmental organization.

Thus, the legislation of RA does not define the right for the religious organizations to establish unions or to be members of unions, which directly contradicts the right of freedom of associations defined by the Article 45 of the Constitution of RA.

The Status of the Armenian Apostolic Holy Church

The principles of regulations of the relations between the Republic of Armenia and the Armenian Apostolic Holy Church (hereinafter referred to as AAC) are defined by the Constitution of the Republic of Armenia; the general relations are defined by RA Law on Freedom of Conscience and Religious Organizations and other Laws and international agreements; and the special relations, as relations of the state and the Church, recognized as national by the state, are defined by RA Law on the Relations between the Republic of Armenia and the Armenian Apostolic Holy Church” (Article 4).

The Republic of Armenia recognizes:

  • the exclusive mission of the AAC in the spiritual life of the Armenian people, in the development of their national culture and preservation of their national identity (Article 18),
  • the AAC as the national church, with the Mother See of Holy Etchmiadzin as its headquarters and its hierarchal sees of the Catholicosate of the Great House of Cilicia and the Armenian Patriarchates of Jerusalem and Constantinople,
  • the historical, spiritual, cultural and documental inheritance of the AAC as an important and indivisible part of the foundation of the national identity,
  • the AAC as autocephalous (self-governing) within its hierarchical scope,
  • the secrecy of church confession. The clergyman-confessor of the Armenian Apostolic Holy Church shall not be interrogated as a witness about the circumstances, which became known to him during the confession

It is defined by the Article 17 of RA Law on Freedom of Conscience and Religious Organizations that the State is not to obstruct the implementation of the following missions, which are the privilege solely of the AAC:

- to preach and disseminate its faith freely throughout the Republic of Armenia. The official coverage of the religious doctrine of the Armenian Apostolic Church in the mass media or during mass events can be carried out only with the approval of the AAC,

- to re-create its historical traditions, structure, organizations, dioceses and communities,

- to construct new churches, make the historical monument-churches belonging thereof functional, whether at the request of the faithful or on its own initiative,

- to contribute to the spiritual education of the Armenian people, to carry out the same also in the state educational institutions, as prescribed by the law,

- to take practical measures which enhance the moral standards of the Armenian people,

- to carry out charitable and benevolent activity,

- to have its permanent spiritual representative in hospitals, homes for elderly people and the disabled, military units and detainment centers, including the investigative isolation cells.

Most of the listed missions are so universal in all religious organizations that defining a monopoly for one entity directly contradicts the principles of equality of religious organizations guaranteed by the Constitution of the Republic of Armenia (Article 41) and freedom of activity of religious organizations (Article 17).

Moreover, the legislator's establishment of a monopoly for the AAC, especially in terms of carrying out charitable activities, causes an internal contradiction with the same point (j) of Article 7 of the RA Law on Freedom of Conscience and Religious Organizations.

Special regulations for the AAC are defined under the Law of RA on the Relations between the Republic of Armenia and the Armenian Apostolic Holy Church. In particular:

  • The President of RA grants citizenship of the Republic of Armenia to the elected head of the AAC - the Catholicos of All Armenians, if he is not a citizen of the Republic of Armenia,
  • the portion of the historical, spiritual, cultural and documental treasures of the AAC which is the property of the state may be alienated or transported from its location of safekeeping only by previously informing the AAC. The list of these treasures shall be defined by the Government of the Republic of Armenia, in consultation with the Armenian Apostolic Holy Church,
  • the AAC has the right to construct monasteries, churches and other buildings of worship; and to rehabilitate monasteries and churches that have the status of historical monuments. The preservation of the churches and other buildings of worship that have the status of historical monuments are to under be the joint responsibility of the Armenian Apostolic Holy Church and the Republic of Armenia,
  • the Government of the Republic of Armenia defines the amount and purpose of the state assistance for the protection and enrichment of cultural institutions, collections, museums, libraries and archives which are the property of the AAC and constitute a part of the national cultural inheritance, in the proposed annual state budget, having previously discussed it with the AAC,
  • the official communications of the Armenian Apostolic Holy Church is to be reported by mass media outlets without alteration.
  • the Armenian Apostolic Holy Church is entitled to have its permanent spiritual representative in hospitals, orphanages, boarding schools, military units, detainment centers, including the investigative isolation cells,
  • the Armenian Apostolic Holy Church, which operates in other countries as well, enjoys the protection of the Republic of Armenia, in accordance with international legal norms.

Special regulations are defined in the field of education as well. In particular:

  • The Armenian Apostolic Holy Church is entitled to:

1) establish or sponsor pre-school institutions, elementary, secondary and high schools, vocational colleges and institutions of higher education, within the framework of the legislation of the Republic of Armenia,

2) participate in the development of the curriculum and textbooks for "Armenian Church History" subject within the state educational institutions, the defining of qualification requirements for the teachers of the said subject, and to present the candidacy of those teachers to the schools,

3) organize voluntary training courses in the state educational institutions, utilizing their buildings and resources, coordinating with the said institutions the issues regarding the realization of the courses,

4) contribute to the spiritual education of the society within educational institutions as prescribed by the law.

The educational institutions established by the Armenian Apostolic Holy Church are to receive the same assistance that the state provides to other private institutions.

The state is to guarantee the realization of the right to religious education on a voluntary basis. 

In accordance with the Article 9 of RA Law On the Relations between the Republic of Armenia and the Armenian Apostolic Holy Church, the Republic of Armenia recognizes the marriages performed according to the canonical rites of the Armenian Apostolic Holy Church and dissolutions of marriage, in accordance with the procedure prescribed by the Agreement signed by the Government of the Republic of Armenia and the Armenian Apostolic Holy Church.

However, until now such Agreement has not been signed by the Government of the Republic of Armenia and the Armenian Apostolic Holy Church.

Tax privileges are also defined by the legislation of RA for the Armenian Apostolic Holy Church.

In accordance with the clause 8 of the part 1 of the Article 230 of the Tax Code, the Armenian Apostolic Holy Church is exempt from real estate tax for:

  • churches without the status of a monument, structures used for the production and sale of spiritual-cultural, educational, religious and ritual items, belonging thereof under ownership right and the list of which has been approved by the Government of RA,
  • religious, worship constructions under the classification provided for by the legislation of the Republic of Armenia, belonging thereof under ownership and permanent gratuitous use right,
  • churches without the status of a monument belonging thereof, structures used for the production and sale of spiritual-cultural, educational, religious and ritual items, workshops ensuring the internal servicing thereof, as well as land parcels necessary for their maintenance and use.

After the completion of the service of the citizens appointed by the Mother See of Holy Etchmiadzin to serve in the dioceses of the Armenian Apostolic Holy Church in other countries, are exempt from VAT in case of import of their personal property defined by the RA Law On Customs Regulation (Article 64).