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Human Rights Post-Soviet Region (CIS) Religious Persecution

Religious Divisions Exacerbated by Ongoing War in Ukraine

Religious Divisions Exacerbated by Ongoing War in Ukraine

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Photo: 54a.UkrainianMassRally.WDC.24February2024 - Elvert Barnes

85%
Ukrainian Christians (73% Orthodox)
400+
Religious Buildings Damaged/Destroyed
2
Main Orthodox Jurisdictions in Conflict (OCU vs UOC-MP)
1,000+
Religious Leaders Detained/Missing

Introduction

The Russian invasion of Ukraine on 24 February 2022 has simultaneously deepened and weaponised religious divisions, transforming faith communities from sources of unity into fault lines of conflict. Ukraine's diverse religious landscape—dominated by Orthodoxy but fractured into competing jurisdictions, alongside Ukrainian Greek Catholic, Protestant, Jewish, and Muslim communities—has been reshaped by geopolitical warfare and state instrumentalisation. The Moscow Patriarchate's historical connection to the Russian Orthodox Church has created suspicion toward the Ukrainian Orthodox Church (UOC-Moscow Patriarchate), with some clergy accused of collaboration with occupation forces. The competing Orthodox Church of Ukraine (OCU), which gained autocephaly in 2019, has positioned itself as the nationalist Orthodox alternative. Meanwhile, Catholic and Protestant communities have mobilised humanitarian action, and Jewish and Muslim minorities have faced particular persecution in occupied territories. These divisions undermine social cohesion, complicate humanitarian response, and create vulnerability for religious minorities and independent clergy. This analysis examines how war has exacerbated religious tensions, instrumentalised faith for propaganda purposes, and created patterns of persecution based on religious affiliation and institutional allegiance.

Background and Context: Ukraine's Religious Landscape Before War

Ukraine is home to one of Europe's most complex religious ecosystems. According to the 2021 Census, approximately 85% of Ukrainians identify as Christian, with roughly 73% claiming Orthodoxy (split between jurisdictions), 9% Ukrainian Greek Catholic, 2% Protestant, and others identifying with various traditions. The Jewish and Muslim populations are smaller but historically significant. The dominant religious tension predates the current war: the Ukrainian Orthodox Church of the Moscow Patriarchate (UOC-MP), a canonical Orthodox body, has historical ties to the Russian Orthodox Church and the Moscow Patriarchate led by Patriarch Kirill, a figure closely aligned with the Kremlin. In contrast, the Orthodox Church of Ukraine (OCU), which received autocephaly (independence) from the Ecumenical Patriarchate of Constantinople in January 2019, represents a rival Ukrainian Orthodox jurisdiction identified with nationalist and European integration movements. Prior to 2022, these two jurisdictions coexisted in tense rivalry, competing for adherents and church properties. The Ukrainian Greek Catholic Church, concentrated in western Ukraine, represents historical Eastern Rite Catholicism and has maintained stronger European and Western orientation. Protestant and Evangelical communities, while smaller, are dynamic and have engaged in civic activism. Jewish and Muslim communities have maintained minority presence, with historical significance and contemporary vulnerability to antisemitism and Islamophobia. This pre-war landscape was characterised by coexistence but persistent underlying tensions rooted in history, geopolitics, and competing national narratives.

Current Situation: Religious Conflict and Persecution

The Orthodox Schism and Accusations of Moscow Patriarchate Collaboration
The invasion has deepened the divide between Ukraine's Orthodox jurisdictions. The UOC-MP, due to its historical Moscow connection, faces systematic suspicion. In February 2023, Ukrainian authorities initiated a court case against Metropolitan Pavel of the UOC-MP on charges of supporting terrorism, based on statements interpreted as supportive of Russian aggression. Multiple clergy affiliated with UOC-MP have been detained by Ukrainian authorities on collaboration charges. For example, Archpriest Sergiy Romanov was arrested in October 2022 and accused of providing intelligence to Russian forces. In occupied territories, some UOC-MP clergy have been documented cooperating with Russian authorities, conducting services that incorporate Russian state propaganda, and providing information to occupying forces. The Kyiv Independent reported in March 2023 that Russian forces were systematically replacing independent clergy with UOC-MP-affiliated priests in occupied areas, using religious infrastructure as a mechanism of control. This has polarised Ukrainian society and created fear and suspicion even toward UOC-MP believers who may oppose Russian aggression. The OCU, positioned as the nationalist Ukrainian Orthodox alternative, has gained institutional backing from the Ukrainian state and has absorbed many converts from UOC-MP congregations seeking to distance themselves from Moscow.

Destruction of Religious Infrastructure
Both Russian forces and Ukrainian military actions have damaged or destroyed religious buildings. According to the Ukrainian Catholic University and monitoring by international religious freedom organisations, over 400 religious sites have been damaged or destroyed since February 2022. These include Orthodox churches, Catholic cathedrals, synagogues, and mosques. In Mariupol, the Assumption Cathedral, a Ukrainian Greek Catholic landmark dating to the 19th century, was severely damaged in April 2022. In Kharkiv, the Assumption Cathedral, one of the largest Orthodox churches in Ukraine, was struck by Russian missiles in March 2022. In Gaza (the village in eastern Ukraine), a mosque was destroyed, displacing the Muslim community. These attacks are documented as violations of customary international humanitarian law, which affords special protection to religious buildings recognised as cultural heritage. However, beyond the legal violations, the destruction of religious infrastructure symbolically erases religious presence and community identity, creating trauma among believers.

Persecution of Religious Minorities in Occupied Territories
Jewish and Muslim minorities face particular vulnerability in Russian-occupied areas. Russian propaganda has intensified antisemitic narratives portraying Ukraine as controlled by "Jewish forces" (echoing Soviet and Nazi antisemitic tropes). The documented presence of neo-Nazi Azov Battalion elements in Ukrainian forces (though officially condemned by the government) has been weaponised by Russian propaganda to falsely portray Ukraine as an antisemitic state. Jewish Ukrainians report heightened fear, and some communities have closed synagogues or moved operations. The Muslim Tatar minority, historically concentrated in Crimea, faces severe persecution under Russian occupation. Russia has classified Tatar civil society organisations as extremist, detained Tatar leaders, and imposed restrictions on Islamic religious practice. Documented cases include the 2019 detention of Crimean Tatar activist Envir Mustafayev on fabricated charges, and the ongoing surveillance and harassment of Crimean Tatar mosques and religious schools. These patterns constitute persecution based on religion and ethnicity, violating international protections for religious freedom and minority rights.

State Oversight and Closure of UOC-MP Properties
In February 2023, Ukraine's Security Service (SBU) initiated procedures to seise UOC-MP properties and transfer them to other religious organisations, citing security and counter-espionage justifications. While the state frames these actions as necessary to prevent Russian intelligence operations through religious institutions, the confiscation of religious property raises concerns under international religious freedom standards. ICCHR (International Commission for the Control of the International Commission on Religion and Faith) and the UN Special Rapporteur on Freedom of Religion or Belief have raised concerns that blanket property confiscations and institutional closures may violate the rights of believers and clergy affiliated with UOC-MP who oppose Russian aggression but remain within the jurisdiction. This dynamic creates a situation where individual believers may face institutional persecution not for their personal conduct but for institutional affiliation.

Key Patterns of Violation

Pattern 1: Weaponisation of Religion for Propaganda Purposes
Russia has systematically weaponised Orthodox Christianity as a justification for invasion. President Putin and Patriarch Kirill have articulated a narrative framing Russia as the defender of "traditional Orthodox values" against Western decadence and LGBT liberation, portraying Ukraine as a battleground between civilisations. This propaganda has politicised religious identity, pressuring believers to declare loyalty to either Russian or Ukrainian national narratives rather than permitting religious pluralism. Ukrainian clergy report pressure from occupying forces to incorporate pro-Russian messaging into religious services. This politicisation of faith violates principles of freedom of conscience and religion, which require that states not compel religious speech or instrumentalise religious institutions for state propaganda.

Pattern 2: Institutional Accountability Conflated with Religious Persecution
While Ukraine's investigation of UOC-MP collaboration is legitimate (if a religious institution is genuinely used for espionage, accountability is warranted), the confiscation of properties and the detention of clergy solely based on institutional affiliation, without individual-level evidence of collaboration, may constitute collective punishment. The presumption that all UOC-MP members are complicit in Russian aggression violates principles of individual accountability and religious freedom. This pattern creates incentive for religious persecution of minority clergy and believers within the Ukrainian state system.

Pattern 3: Persecution of Religious Minorities in Occupied Territories
In territories controlled by Russian forces, religious minorities face targeted persecution. Muslim Tatars have been detained, their community leaders imprisoned, and their religious institutions subjected to surveillance and restrictions. Jewish communities face intensified antisemitic propaganda and physical threats. These persecutions target religious identity specifically and reflect a pattern of using religious identity as a mechanism of control and ethnic cleansing in occupied areas.

Comparison: Pre-War and Current Situation

Category Pre-February 2022 Current (2024)
Religious Competition Institutional rivalry; coexistence Bitter institutional conflict; suspicion and institutional persecution
Religious Infrastructure Intact; active operations 400+ sites damaged/destroyed; communities displaced
State Oversight of Religion Limited; pluralistic approach Increased security-based oversight; property confiscations
Minority Religious Safety Vulnerable but protected by law Severe persecution in occupied areas; heightened vulnerability
Public Climate Secular; religion-civil society boundary respected Politicised; religion instrumentalised for state purposes
Religious Freedom General protection; some gaps in anti-discrimination law Restricted in occupied areas; state-institutional persecution in Ukraine-controlled areas

Ukrainian Constitutional Protections
Ukraine's Constitution (Article 35) guarantees freedom of conscience and religion, prohibiting state religious monopoly and requiring equal treatment of religious organisations. Article 36 further specifies religious rights, stating that citizens have the right to "freely profess religion," "perform religious rites," and "receive religious education." These constitutional guarantees would ordinarily protect UOC-MP believers and clergy from institutional persecution based solely on institutional affiliation. However, emergency wartime legislation has expanded state authority over religious institutions, citing security concerns. The Law on Liquidation of Religious Organisations Associated with Religious Centres of the Russian Federation (2022) authorised the closure and property confiscation of religious institutions deemed to have Russian connections. While the law targets institutional structures rather than individuals, its application has created systemic pressure on believers affiliated with UOC-MP.

International Covenant on Civil and Political Rights
Ukraine is party to the International Covenant on Civil and Political Rights, which protects freedom of thought, conscience, and religion (Article 18). The UN Human Rights Committee has clarified that this right protects not only belief but also the right to manifest religion through worship, teaching, and community practice. The prohibition on discrimination (Article 26 ICCPR) requires equal treatment regardless of religion. The Committee has held that religious minorities are entitled to protection against discrimination and persecution. The confiscation of UOC-MP properties and systematic investigation of clergy based on institutional affiliation, without individual-level evidence of misconduct, may violate Article 18 and 26 ICCPR protections.

European Convention on Human Rights
As a candidate for EU membership, Ukraine is committed to European standards of human rights protection. Article 9 ECHR guarantees freedom of conscience and religion, and Article 14 prohibits discrimination based on religion. The European Court of Human Rights has held that restrictions on religious freedom must be strictly necessary for legitimate state purposes (such as national security), proportionate, and non-discriminatory. The wholesale confiscation of UOC-MP properties would require stringent justification and individual-level evidence of genuine security threats—not institutional affiliation alone.

UNESCO and International Humanitarian Law Protections for Religious Heritage
The destruction of religious buildings violates customary international humanitarian law, which affords special protection to religious sites. The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) requires belligerents to minimise damage to religious sites of cultural and historical significance. Both Russian forces and Ukrainian military actions have struck religious buildings; investigations are ongoing. The principle of distinction in international humanitarian law requires belligerents to distinguish between civilian and military targets; religious buildings not used for military purposes are civilian infrastructure and must not be directly attacked.

International Obligations and 1951 Refugee Convention

The 1951 Refugee Convention defines refugees as persons with a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. For Ukrainian religious minorities and clergy persecuted on the basis of religion, the Convention provides grounds for asylum protection.

Persecution Based on Religion. Both Russian-occupied territories and Ukraine-controlled areas demonstrate persecution based on religion. Muslim Tatars face documented persecution by Russian forces. Jewish Ukrainians face intensified antisemitism and threats. UOC-MP clergy and believers face institutional persecution based on religious institutional affiliation. UNHCR guidance recognises that persecution for holding religious beliefs, practising religious worship, or being affiliated with a particular religious community constitutes persecution "for reasons of" religion under the Convention. Applicants must demonstrate that persecution is motivated by religion specifically, not merely incidental consequences of war.

Membership in a Particular Social Group. Religious communities (UOC-MP believers, Muslim Tatars, Jewish Ukrainians) may also constitute "particular social groups" under the Convention, particularly where persecution targets the group collectively. The Canadian Supreme Court in *Zardad v. Canada (Minister of Citizenship and Immigration)* (2005) held that persecution targeting a religious community as a group establishes persecution "by reason of" membership in a particular social group.

"The exacerbation of religious divisions during the conflict threatens Ukraine's pluralistic future. While legitimate state security interests must be respected, blanket institutional persecution and the systematic closure of religious institutions constitute violations of international human rights standards and undermine the democratic values Ukraine defends." — UN Special Rapporteur on Freedom of Religion or Belief, Statement on Ukraine (2023)

— UN Special Rapporteur on Freedom of Religion or Belief, 2023

Implications for Asylum Claims

Distinguishing Political from Religious Persecution
Asylum adjudicators must carefully distinguish between political persecution (based on political opinion regarding support or opposition to Russian aggression) and religious persecution (based on religious belief or institutional affiliation). UOC-MP clergy who support Ukrainian independence should not be treated as collaborators based on institutional affiliation alone. Evidence of individual participation in collaboration is required for credible persecution claims based on institutional affiliation. However, evidence that individuals are persecuted by occupying forces based on religious identity or practice (as with Muslim Tatars and Jewish Ukrainians) constitutes clear religious persecution.

Evidential Framework
Applicants claiming religious persecution should provide: (1) personal testimony of religious persecution or threats; (2) documentation of religious identity or community participation; (3) evidence of threats or harassment based on religious identity; (4) country conditions evidence demonstrating state or non-state persecution patterns; (5) evidence distinguishing persecution from general wartime violence. For UOC-MP applicants, evidence of opposition to Russian aggression and support for Ukrainian sovereignty would support asylum claims by establishing that persecution is based on political opinion rather than institutional affiliation alone.

Conclusion

War has transformed religious divisions in Ukraine from historical tensions into contemporary persecution and institutional persecution. While Ukraine's investigation of potential collaboration by religious institutions is legitimate, blanket institutional persecution based on religious affiliation violates international standards of religious freedom and non-discrimination. Simultaneously, Russian forces and pro-Russian authorities have intensified persecution of religious minorities, particularly Muslim Tatars and Jewish communities. The destruction of religious infrastructure, the weaponisation of religion for propaganda, and the politicisation of faith threaten Ukraine's pluralistic future. Religious minorities and clergy persecuted based on religion have legitimate grounds for asylum protection under the 1951 Refugee Convention. For Ukraine to emerge from war with democratic legitimacy, it must balance legitimate security concerns with protection of religious freedom, ensuring that individual accountability is based on evidence of specific misconduct rather than institutional affiliation alone. International support for religious freedom and minority protection is essential to prevent permanent fracture of Ukrainian religious communities and to uphold the pluralistic values that Ukraine claims to defend.



Footnotes

  1. Ukrainian Census, 2021, Religious Affiliation Data.
  2. Kyiv Independent, "Russian Forces Installing UOC-MP Clergy in Occupied Territories" (March 2023).
  3. Ukrainian Catholic University, "Report on Damaged Religious Sites in Ukraine" (2023).
  4. UN Special Rapporteur on Freedom of Religion or Belief, Statement on Ukraine (2023).
  5. Ukraine Constitution, Articles 35, 36.
  6. Law on Liquidation of Religious Organisations Associated with Religious Centres of the Russian Federation, 2022.
  7. International Covenant on Civil and Political Rights, 1966, Articles 18, 26.
  8. UN Human Rights Committee, General Comment No. 22 on Freedom of Conscience and Religion (1993).
  9. European Convention on Human Rights, 1950, Articles 9, 14.
  10. Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954.
  11. Convention Relating to the Status of Refugees, 1951, Article 1A(2).
  12. UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status (1979), paragraph 66.
  13. *Zardad v. Canada (Minister of Citizenship and Immigration)*, 2005 SCC 74.
  14. International Commission for the Control of the International Commission on Religion and Faith, Statement on Ukraine (2023).
  15. Human Rights Watch, "Religious Freedom Concerns in Ukraine" (2023), https://www.hrw.org/.

Sources

  1. Human Rights Watch. "Religious Freedom Concerns in Ukraine." 2023. https://www.hrw.org/
  2. Kyiv Independent. "Russian Forces Installing UOC-MP Clergy in Occupied Territories." March 2023.
  3. Ukrainian Catholic University. "Report on Damaged Religious Sites in Ukraine." 2023.
  4. UN Special Rapporteur on Freedom of Religion or Belief. Statement on Ukraine. 2023. https://www.ohchr.org/
  5. Ukraine Constitution. Articles 35, 36.
  6. Ukrainian Census. 2021. Religious Affiliation Data.
  7. UNHCR. Handbook on Procedures and Criteria for Determining Refugee Status. 1979. https://www.unhcr.org/

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