REGIONAL ANALYSIS
OSCE Countries*
By Roger Kiska
The countries which are members of the Organization for Security and Co-Operation in Europe (OSCE) are often divided into those “East of Vienna” and those “West of Vienna”. It has also been described as an organisation that stretches “from Vancouver to Vladivostok”, a phrase which denotes not only the geographic spread of the participating states, but also the wide range of ethnicities, religions, and political structures.
The OSCE is comprised of 57 countries including the USA, Canada, Europe (EU, EEA, UK, Switzerland), all the countries of the former Soviet Eastern Europe, the Caucasus, and Central Asia.
While the OSCE membership carries principally an engagement to promote and protect democracy and human rights, and each country has some form of constitutional protection for religious freedom, the actual application of – and societal respect for – this right varies widely. The OSCE maintains one of the best databases on reported hate crimes in the world.
The War in Ukraine
On 24 February 2022, the Russian Federation invaded Ukraine. The war is still ongoing at the time of writing. On 16 March 2022, the Committee of Ministers of the Council of Europe voted to expel the Russian Federation from the inter-governmental organisation.[1] On 16 September 2022, the Russian Federation ceased to be a party to the European Convention on Human Rights, meaning that it is no longer subject to the jurisdiction of the European Court of Human Rights.[2] The Council of Europe reported that 2,129 judgments and decisions had yet to be fully implemented by Russia and remained pending before the Committee of Ministers.[3] Nevertheless, Russia remains a member of the OSCE.
*Regional assignations are defined not only by geographic convention, but also by their shared approach to religious freedom and other fundamental rights
Anti-Muslim hate crimes
Evidence of anti-Muslim sentiment continued in many parts of the region during the reporting period. Hate crimes included violent attacks against persons, online threats in social media, and attacks against religious buildings. Mainly Muslim women were victims of harassment, derogatory insults, and violence, often in public places, due to their clothing.[4] Examples include the attack against a seven-month pregnant Muslim woman at a station near Florence, Italy, by a man who ripped off her burqa and pushed her off the train together with her 11-year-old son.[5]
Anti-Christian hate crimes
Most anti-Christian hate crimes were manifested as either attacks against religious leaders and faithful, or as vandalism and desecration of places of worship. These were witnessed in several traditionally Christian European countries including in France, Spain, and Austria (cfr respective country reports). France was shocked in August 2021 by the murder of a 61 year-old Catholic priest, Fr Olivier Maire, killed in Saint-Laurent-sur-Sèvre.[6] Religious structures in France were targeted so often that in February 2022, the Interior Ministry promised increased security funding for Catholic churches after a series of attacks including at the Saint-Denis cathedral outside Paris (smashed windows and doors), in Bondy and Romainville in the Paris region, (theft and profanation of the tabernacle in both), in Vitry-sur-Seine (profanation and theft), in Poitiers (statues of saints destroyed), and in Paray-le-Monial (theft of relics).[7] In Spain and Austria hate crimes included violent assaults on religious personnel and faithful[8], insulting graffiti on Catholic, Orthodox and Evangelical churches, desecration of tabernacles and vandalism such as the beheading of Catholic statues[9], and the burning of a church.[10]
Anti-Semitism
The pervasiveness of anti-Semitism in the OSCE region continues to be of concern (cfr respective country reports). Anti-Semitic hate crimes reported in OSCE countries increased from 582 in 2019 to 1,367 in 2021. Germany saw a sharp increase in anti-Semitism with 582 reported hate crimes in 2019 and 1357 in 2021, leading the government to create a new national strategy to combat the problem. Germany, however, is not alone: Austria saw a sharp rise in anti-Semitic attacks, in France attacks on Jewish people and property rose sharply, and in Scandinavia the Nordic Resistance Movement continued to commit grave acts of anti-Semitism.
Radicalisation of Islam in Central Asia
The rise of extremist Islam, heightened after the Taliban’s takeover of Afghanistan, caused significant disquiet in the region with governments tightening regulations over fears of radicalisation. In Uzbekistan, authorities introduced greater controls over religious expression including the obligation on Muslim and non-Muslim communities to install surveillance cameras inside and out, appointing government clerics to supervise the content of Muslim sermons, and police shaving the beards of suspected extremists. In Tajikistan, the government increased prosecution of individuals suspected to be members of banned Muslim extremist groups and added a new section to the criminal code punishing unapproved religious education. Notwithstanding the obligation of the state to counter extremism, international observers expressed concern that vaguely defined language in recent counter-terrorism laws have implications for religious freedom (cfr respective country reports).
Ethno-religious Relations
In the Balkans, an ongoing issue of contention exists between competing ethnic groups where ethnicity is often linked with religion. In Bosnia and Herzegovina, for example, most citizens self-identify with one of the country’s three main ethnic groups: Catholic Croatians, Orthodox Serbs and Muslim Bosniaks. The European Commission reported that 134 ethnic-related hate incidents were recorded in 2021, and eight convictions were handed down. 70 reports for hate speech were also filed in 2021, with 11 rulings, in which eight convictions were handed down.[11] In the same year, the Press and Online Media Council received 1,073 complaints for online hate speech.[12]
In Cyprus, a case can be made that ethno-religious tensions are perpetuated through religious education. In Greek Cypriot schools, religious education emphasizes Greek Orthodox tradition and Greek identity, whereas in Turkish Cypriot schools the focus is on the Sunni tradition and Turkish identity.[13]
By contrast, in Albania where religious identity is also largely divided along ethnic lines, religious tolerance between the Islamic Community and the Orthodox and Catholic Churches remains one of the central pillars of stability within Albanian society.[14]
Hate Speech and Compelled Speech
One of the growing areas of tension particularly prevalent among the OSCE member states “West of Vienna” has been the complicated interplay between tackling speech aimed at degrading, marginalising, or endangering groups of people because of their identifying characteristics, often referred to as hate speech, and the censorship or punishment of what traditionally would be viewed as free speech. Part of the challenge lies in the relatively vague definition of hate speech.
Finland is representative of just how difficult this interplay can be. The Finnish authorities reported 2,567 hate incidents to the OSCE for the years 2020-2021[15], a remarkable statistic among OSCE states for a nation with just over 5.5 million inhabitants. However, some of the cases that the authorities deemed hateful raised serious questions as to whether the freedom to manifest religious views about sensitive moral and cultural issues is at risk. The prosecution of Finnish MP Päivi Räsänen for publicly quoting the Bible is a prime example.[16]
A greater challenge to freedom of religion and conscience occurs when authorities regulate speech to cater to popular sentiment. In Canada, in late December 2020, the British Columbia Supreme Court issued Practice Direction 59.[17] The Practice Direction “advises parties and their lawyers, when introducing themselves in court, to provide their ‘correct pronouns’”. The result, in practice, may amount to compelled adherence to gender identity belief.[18] In the United Kingdom, refusal to adhere to new cultural norms relating to preferred pronouns created a potential bar to profession. Dr David Mackereth was dismissed from his job as a disability assessor by the Department for Works and Pensions for suggesting during his training that he could not, as a matter of Christian belief and conscience, use transgender affirming pronouns to prospective service users. He recently lost his Employment Appeal Tribunal petition.[19] In another instance, a Christian teacher in England faces a lifetime ban from teaching by his professional body for having misgendered a pupil during a class assignment.[20]
Abortion
The area of abortion became particularly contentious during the reporting period. In the United States, following the leak of the Dobbs v Jackson decision, a judgment which overturned Roe v Wade, hundreds of churches became victims of property attacks. In Sweden, two midwives lost their bid before the European Court of Human Rights after being refused positions as midwives because of their conscientious objection to abortion. The UK saw an increase in the legislation of buffer zones around abortion clinics banning peaceful protest, sidewalk counselling, or silent prayer.
* Regional assignations are defined not only by geographic convention, but also by their shared approach to religious freedom and other fundamental rights
Endnotes / Sources
[1] Council of Europe, Committee of Ministers, “The Russian Federation is Excluded from the Council of Europe,” 16th March 2023, at: https://www.coe.int/en/web/portal/-/the-russian-federation-is-excluded-from-the-council-of-europe (accessed 10th March 2023).
[2] Council of Europe, “Russia Ceases to be a Party to the European Convention on Human Rights, “16th September 2022, at: https://www.coe.int/en/web/portal/-/russia-ceases-to-be-party-to-the-european-convention-on-human-rights#:~:text=Six%20months%20after%20its%20exclusion,Rights%20on%2016%20September%202022 (accessed 10th March 2023).
[3] Ibid.
[4] OSCE, Comprendere i crimini d’odio contro i musulmani, https://www.osce.org/files/f/documents/b/9/495232.pdf (accessed 12 November 2022).
[5] Gilda Giusti, Calenzano: strappa il burqa e spinge donna incinta giù dal treno. Denunciato un pendolare, “Firenze Post”, 23 July 2022, https://www.firenzepost.it/2022/07/23/calenzano-strappa-il-burqa-e-spinge-donna-incinta-giu-dal-treno-denunciato-un-pendolare/ (accessed 11 November 2022).
[6] Hannah Brockhaus, “Pope Francis saddened by murder of French priest Fr. Olivier Maire,” Catholic News Agency, 11th August 2021, https://www.catholicnewsagency.com/news/248650/pope-francis-saddened-by-murder-of-french-priest-fr-olivier-maire (accessed 8th November 2022).
[7] "France announces more funding for church security after recent attacks", Church Times, 4 February 2022; https://www.churchtimes.co.uk/articles/2022/4-february/news/world/france-announces-more-funding-for-church-security-after-recent-attacks
[8] “Sacristan brutally beaten up while praying“, OIDAC Europe, 29th September 2022, https://www.intoleranceagainstchristians.eu/index.php?id=12&case=6245 (accessed 18th January 2023).
[9] “Decapitan la cabeza del niño Jesús del belén de San Lorenzo del Escorial,» TeleMadrid, 7th December 2021, https://www.telemadrid.es/programas/telenoticias-1/Vandalizado-San-Lorenzo-Escorial-inaugurado-2-2403079690--20211207040055.html (accessed 17th December 2022).
[10] “Prenden fuego a la fachada de la iglesia de San Vicente Ferrer en Castellón,” TeleMadrid, 28th October 2021, https://castellondiario.com/prenden-fuego-a-la-fachada-de-la-iglesia-de-san-vicente-ferrer-en-castellon/ (accessed 17th December 2022).
[11] European Commission, “Commission Staff Working Document: Bosnia and Herzegovina 2022 Report,” 12th October 2022, SWD(2022) 336 final, p. 30, available at: https://neighbourhood-enlargement.ec.europa.eu/bosnia-and-herzegovina-report-2022_en accessed 17th March 2023), pp. 33-34.
[12] Ibid., p. 32.
[13] See: Dilek Latif. 2022. Dilemmas of Religious Education, Freedom of Religion and Education in Cyprus. Religions 13: 96. https:// doi.org/10.3390/rel13020096 (accessed 07th December 2022).
[14] European Commission, Key Findings of the 2022 Religious Freedom Report on Albania, 12 October 2022, at: https://ec.europa.eu/commission/presscorner/detail/en/COUNTRY_22_6091 (accessed 19 November 2022).
[15] Office for Democratic Institutions and Human Rights, “Hate Crime Reporting – Finland,” Organization for Security and Co-operation in Europe, https://hatecrime.osce.org/finland, (accessed 13th March 2023).
[16] Euronews, Finland’s Former Interior Minister Acquitted of Inciting Anti-LGBT Hate Speech, 30 March 2022, at: https://www.euronews.com/2022/03/30/finland-s-former-interior-minister-acquitted-of-inciting-anti-lgbt-hate-speech (accessed 10th March 2023). The State Prosecutor has filed an appeal and as of the writing of this analysis, the case remains pending. See: Catholic News Agency, “Bible Tweet Trial: Finland’s State Prosecutor Files Appeal,” 03 May 2022, at: https://www.catholicnewsagency.com/news/251119/bible-tweet-trial-finland-s-state-prosecutor-files-appeal (accessed 10th March 2023).
[17] Practice Direction 59, British Columbia Supreme Court, 16 December 2020; https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/civil/PD-59_Forms_of_Address_for_Parties_and_Counsel_in_Proceedings.pdf
[18] Cf. "B.C. courts asking for 'correct pronouns' is state-mandated identity politics by Bruce Pardy, 9 February 2021; https://nationalpost.com/opinion/bruce-pardy-b-c-courts-asking-for-correct-pronouns-is-state-mandated-identity-politics
[19] Mackereth v Department for Work and Pensions & Anor, [2022] EAT 99, at: https://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKEAT/2022/99.html&query=(title:(+mackereth+)) (accessed 20th December 2022).
[20] BBC News, “Oxford Transgender Row Teacher Hearing Extended,” 13th January 2023, at: https://www.bbc.com/news/uk-england-oxfordshire-64250809 (accessed 16th March 2023).
