Freedom of Religion in Ukraine - Has it Become a Mirage?

A recent announcement and proclamation by Ukraine's President Volodymyr Zelenskyy sets an interesting precedent for religious freedom in Ukraine.

 

Here is the announcement:

 

Here is the key excerpt starting at the 2 minute 32 second mark with the key section highlighted:

 

"Ukrainians will never again be gears of some empires.  We have already gained it and we will ensure the full independence of our state.  We will ensures in particular, spiritual independence.  We will never allow anyone to build an empire inside the Ukrainian soul.  A meeting of the National Security and Defense Council was held today.  The meeting at which we considered numerous facts of connections of certain religious circles in Ukraine with the aggressor state.  Unfortunately, even Russian terror and full-scale war did not convince some figures that it is worth overcoming the temptation of evil.  Well, we have to create conditions where no actors dependent on the aggressor state will have an opportunity to manipulate Urkainians and weaken Ukraine from within.  So, first.  The National Security and Defense Council instructed the Government submit to the Verhovna Rada a draft law on making it impossible for religious organizations affiliated with the centres of influence in the Russian Federation to operate in Ukraine.  Second, the State Service for Ethnopolitics and Freedom of Conscience was committed to ensure the religious examination of the Management Statute of the Ukrainian Orthodox Church for the presence of a church-canonical connection with the Moscow Patriarchate and, if necessary, to take measures provided for by law.Third. Ensure the verification of the presence of legal grounds and compliance with the conditions of use by religious organizations of the property located on the territory of the National Kyin-Pechersk Historical and Cultural Reserve.  Fourth.  All bodies responsible for ensuring national security must intensify measures to identify and counter the subversive activities of Russian special services in the religious environment of Ukraine and apply personal sanctions - the surnames will be made public soon.  And fifth.  We need to raise the status and strengthen the capabilities of the State Service for Ethnopolitics and Freedom of Conscience.  This structure will be reformed, which will enable it to really protect the rights and legitimate interests of the Ukrainians and the state.  With these measure, we guarantee Ukraine's spiritual independence."

 

This resulted in Presidential decree No. 820/2022:

 

...which translates as:

 

DECREE OF THE PRESIDENT OF UKRAINE No. 820/2022

 

On the decision of the National Security and Defense Council of Ukraine dated December 1, 2022 "On certain aspects of the activity of religious organizations in Ukraine and the application of personal special economic and other restrictive measures (sanctions)"

 

In accordance with Article 107 of the Constitution of Ukraine, I decree:

 

1. To implement the decision of the National Security and Defense Council of Ukraine dated December 1, 2022 "On certain aspects of the activities of religious organizations in Ukraine and the application of personal special economic and other restrictive measures (sanctions)" (attached).

 

2. Control over the implementation of the decision of the National Security and Defense Council of Ukraine put into effect by this Decree shall be entrusted to the Secretary of the National Security and Defense Council of Ukraine.

 

3. This Decree enters into force from the day of its publication.

 

President of Ukraine V.ZELENSKY

 

December 1, 2022 DECREE OF THE PRESIDENT OF UKRAINE No. 820

 

Ukraine is overwhelmingly Orthodox with 64.9 percent of Ukrainians identifying as Christian Orthodox compared to only 9.5 percent Greek Catholic and 18 percent Protestant.  According to The U.S. Department of State, Ukraine's constitution protects freedom of religion and worship.  By law, the government can only restrict this right "...in the “interests of protecting public order, the health and morality of the population, or protecting the rights and freedoms of other persons.  On January 6, 2022, the Orthodox Church of Ukraine (OCU) came into existence, formally becoming independent of the Russian Orthodox Church for the first time since 1686.  The Ukrainian Orthodox Church of the Moscow Patriarchate (UOC-MP) continued to be also officially registered as the Ukrainian Orthodox Church even though it remained a constituent part of the Moscow Patriarchate, also known as the Russian Orthodox Church, following the creation of the OCU. The government at times struggled to manage tensions between the newly created OCU and UOC-MP, which competed for members and congregations. 

  

Here is a quote from the State Department report:

 

"After the Holy and Sacred Synod of the Ecumenical Patriarchate granted autocephaly to the newly created OCU in January, thereby recognizing a Ukrainian Orthodox institution independent of the Russian Orthodox Church, the Kremlin, the Russian Orthodox Church, and the UOC-MP labelled the OCU a “schismatic” group. UOC-MP representatives stated but did not provide evidence that the OCU had carried out “raider attacks” by deceiving and stealing parishioners by using a similar name. There were continued reports of what some media and political observers characterized as radical groups physically assaulting and pressuring UOC-MP supporters and vandalizing UOC-MP property as well as UOC-MP priests locking out parishioners who wished to change to the OCU. In March representatives of the group Right Sector, commonly characterized as a violent radical group, reportedly pushed and possibly hit UOC-MP parishioners during a scuffle between OCU and UOC-MP members near a UOC-MP church in Hnizdychne, Ternopil Oblast. UOC-MP leaders accused the newly formed OCU of seizing churches belonging to the UOC-MP; the OCU responded that parishioners rather than the OCU had initiated the transfers of affiliation."

 

When surveyed, the 64.9 percent of Ukrainians who disclosed that they were Orthodox believers can be broken down as such:

 

new OCU - 13.2 percent 

 

UOC-MP - 10.6 percent

 

Ukrainian Orthodox Church of the Kyiv Patriarchate - 7.7 percent

 

"just an orthodox believer" - 30.3 percent

 

undecided - 3.1 percent

  

As is typical of issues in Ukraine, there is always a "story behind the story".  It is quite apparent that religion is being used as a wedge to further divide Ukraine and the fact that freedom of religion and worship are part of the Constitution of Ukraine as quoted here:

 

Article 35

 

Everyone has the right to freedom of personal philosophy and religion. This right includes the freedom to profess or not to profess any religion, to perform alone or collectively and unimpededly religious rites and ceremonial rituals, and to conduct religious activity.

 

The exercise of this right may be restricted by law only in the interests of protecting public order, the health and morality of the population, or protecting the rights and freedoms of other persons.

 

The Church and religious organisations in Ukraine are separated from the State, and the school - from the Church. No religion shall be recognised by the State as mandatory.

 

No one shall be relieved of his or her duties before the State or refuse to perform the laws for reasons of religious beliefs. In the event that the performance of military duty is contrary to the religious beliefs of a citizen, the performance of this duty shall be replaced by alternative (non-military) service.

 

...seems to be irrelevant to Ukraine's ruling class as Presidential decree 820/2022 clearly expresses.  Ukrainians are free to worship as long as it is with a religious that is acceptable to Kyiv.  Ukraine's religious freedom is increasingly looking like a mirage.