Remembering the positive role religious movements play in society, often serving as the impetus for important social movements, the United States welcomes this important discussion on the balance between religious freedom and state security. This is an issue that affects all of us, and is of deep concern to the United States as we, ourselves, grapple with this balance in our country. At the outset, it is important to take note of the Bucharest Decision on Combatting Terrorism, in which all participating States "firmly reject identification of terrorism with any nationality or religion." "National security" measures, therefore, should not include unduly aggressive measures to stamp out religious-based movements deemed hostile to government interests. Regardless of the circumstances, no government should prosecute people on the basis of their religious beliefs. Unfortunately, overly aggressive measures taken by some participating States will exacerbate the long-term security situation, for the appearance of peace today.
With this said, participating States do need to protect themselves from terrorism and violent extremism. The question is, what limitations are allowed to effectively protect States and their citizens, while not infringing on religious freedom? Considering that OSCE commitments contain some of the most sophisticated protections for the freedom of thought, conscience, religion or belief, permissible government restrictions against religious communities and religious activity is limited. Unfortunately, overly aggressive measures taken by some participating States will exacerbate the long-term security situation, for the appearance of peace today.
Regardless of the circumstances, no government should prosecute people on the basis of their beliefs. OSCE participating States should look favorably on the participation of all religious communities in civil society. In situations where States see registration for legal entity status as necessary, such requirements if established should be de minimis in nature. The creation of criminal penalties for failing to meet such requirements should be erased. Legitimate government criminal prosecution should only occur if criminal activity is evident. In addition, entity status must grant religious communities the ability to carry out the full range of religious activities, subject only to a narrow class of limitations permitted by international commitments. Governments must be careful to stay within international standards, and not place limitations for infractions of administrative regulations or under trumped-up charges. All persons, regardless of their religious beliefs, should also have access to courts to obtain redress from any human rights violations.
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