Note N°03

Les relations entre État et religions en Lituanie contemporaine : trajectoire historique récente et sources de tension

À travers cette note, la chercheure lituanienne Milda Ališauskienė nous propose un état des lieux des relations entre l’État lituanien et les différentes religions que compte le pays. Après une longue période de confinement de la religion à la sphère strictement privée en raison du régime soviétique, les pratiques et croyances religieuses ont désormais droit de citer dans la sphère publique, au nom de la liberté de croyance individuelle. Toutefois, des degrés hiérarchiques existent de facto entre les religions selon le degré de reconnaissance de la part de l’État dont elles jouissent. À ce tire, la religion catholique jouit d’une place à part liée à l’histoire de la Lituanie. M. Alisauskiene traite notamment de cette hiérarchisation des cultes en abordant le rapport aux groupes religieux dans le cadre de l’école, puis de l’armée.

Introduction

This paper addresses the relations between State and religion in contemporary Lithuania. The analysis invokes historical, sociological and legal aspects and focuses on the place of religion within the educational as well as military realms. The paper is structured accordingly. Firstly, I provide an overview of the religious landscape in Lithuania. Secondly, I analysis the implementation of the principle of freedom of religion. Thirdly I analysis the relations between State and religion while focusing on the requirements for the legal registration of religious communities. The main argument of this paper is that in Lithuania, the relations between religion and State are centered around the relations between the Roman Catholic Church and the State authorities and institutions. The binding relations between these two bodies penetrate diverse spheres at the public, the institutional and the individual levels. These binding relations between the Roman Catholic Church and State affect the field of religion by creating inequality among religious groups, and by nurturing a lack of social justice for minority religions.

Analyzing religion and State relations in contemporary Lithuania allows us to conclude that the implementation religious freedom in Lithuania focuses on the individual’s right to privately believe and practice one’s own religion. However, the State has not always been successful in securing collective rights to religious freedom, especially as far as minority religions are concerned. The model of religious pluralism implemented in Lithuania establishes hierarchical relations between the State on the one hand and the different religious groups on the other hand. These relations categorize religious communities according to different levels of State recognition and, by doing so, induces religious inequality.

The main actor of the State and religion relations became and continues to be the Roman Catholic Church and its representative, namely the Lithuanian Bishop’s Conference. Public schools provide confessional religious education. Content providers are traditional and State-recognized religious communities. The field of religious education is mainly structured according to the international agreement signed between the Republic of Lithuania and the Holy See. The Roman Catholic Church enjoys a privileged role in Lithuanian armed forces, however forces were recently challenged by religious diversity and had to implement some changes.

I. Religious Landscape of Lithuania

Lithuania is a country of Northern Europe, one of the three Baltic States, bordering with Russia (Kaliningrad), Poland, Belarus and Latvia. In 2011, the country’s population was around 3 million with a majority of Lithuanian ethnicity (84.1 %). The largest ethnic minorities were Poles (6.6 %) and Russians (5.8 %)^[1]Lietuvos statistikos departamentas [Statistics Lithuania]. 2013. Lietuvos Respublikos 2011 metų gyventojų ir būstų surašymo rezultatai [Results of the 2011 Population and Housing Census of the … Continue reading. 2001 and 2011 censuses data showed that the majority of Lithuania’s population belonged to the Roman Catholic Church (77.2 %). About one fifth of the population (16 %) did not declare their religious belonging or did not belong to any religious group. Censuses showed the growing religious diversity within the country. Between 2001 and 2011, religious groups increase from 28 to 59^[2]Ibid.. The largest religious minorities were Orthodox (4.1 %) and Old Believers (0.8 %) [see Annex, tables 1 and 2]. Since 2011, these figures have not changed despite the recent emigration and demographic changes within the population. We will analyze how religious freedom was restored in the country after the declaration of Independence on March 11, 1990 and the dissolution of the Soviet Union on December 26, 1991, and what are the main achievements and obstacles in this area.

II. Freedom of Religion: between Individual and Collective Rights to Believe

Freedom of religion, which we can define as a set of human rights to believe, to confess, to practice one's religion, and favorable socio-political conditions to actually implement these rights, is considered to be one of the basic values of liberal democratic countries. The aim to become a democratic country and a member of international alliances was declared by the Lithuanian society by the Declaration of Independence of Lithuania on March 11, 1990. In 1992, the Constitution of the Republic of Lithuania was approved by referendum. Two articles of the Constitution of the Republic of Lithuania address religion and its place in Lithuanian society^[3]Constitution of the Republic of Lithuania. 1992. [URL: http://www3.lrs.lt/home/Konstitucija/Constitution.htm].. Article 26 declares the freedom of conscience, religion, and belief. It was closely modeled after the Article 18 of the Universal Declaration of Human Rights of 1948. Under the Soviet regime, religious Freedom was reduced to private life. Various scientific data showed the fact that the containment of religious life to the private level under the Soviet regime was also influenced by individual choices. For instance, religious involvement could have been an obstacle if one was looking for opportunities in a professional field related to the ideological sphere. However, even in such cases, individuals created strategies to avoid official surveillance of their religious life like attending religious communities in places where they could not be recognized^[4]Milda Ališauskienė, "Freedom of Religion in the Baltic States: a Sociological and Legal Analysis", in Andras Mate-Toth and Cosima Rughinis (eds.) Spaces and Borders. Current Research on Religion … Continue reading.

Under the Soviet regime, religion and its displays in public life were removed. In some cases, they were replaced by scientific atheism ideology and rituals. Soviet authorities nationalized some of the religious communities’ property, and restricted the activities of the Lithuanian Roman Catholic Church and of the other religious communities. In addition, activities of the clergy and relations with the Holy See were limited^[5]Arunas Streikus, "The History of Religion in Lithuania since the Nineteenth Century", in Milda Ališauskienė and Ingo W. Schröder (eds.), Religious Diversity in Post-Soviet … Continue reading. In the beginning of the Soviet period, religious communities faced confiscation of property, closure of prayer houses and new requirements for registration. These new requirements affected minority religions that were not able to gather the twenty members required for registration. According to the scholar Arunas Streikus, exceptions were granted to Baptists and Seventh-day Adventists, while some Jewish and Muslim communities were not registered. Pentecostals and Jehovah’s Witnesses were also not registered and were considered as a threat to the regime^[6]Ibid., p. 48.. In the eighties, despite the restrictions of religious freedom in public life under the Soviet period, some Buddhist groups and ISKCON (Hare Krishna Movement) started activities that were also perceived as a threat to the society^[7]See Marika Laudere, "ntroduction to Buddhism in Contemporary Lithuania: Groups and Their Activity", Religion and Society in Central and Eastern Europe 6 (1), 2013, pp. 21-32. Also Rasa … Continue reading In the late nineties, restoring freedom of religion and conscience was one of the main goal of the national awakening movement Sąjūdis. Roman Catholic bishops and priests played an important role in the underground activities to resist the Soviet regime, that is the reason why clergy’s participation in the social and political transformations of the country is considered important. This participation was mainly understood as a manifestation of religious freedom, and as a “common sense” by the society and the political class.

Together with the Declaration of Independence and the approval of the Constitution in the early nineties, a social process of religious revival started. Religious revival should be understood as an increase in participating to religious activities. At the same time, religious revival challenged the public in its understanding of religious freedom. Individual choices to adhere to so-called “non-traditional religious communities” were met with suspicion and massive panic attacks in the media about a possible increase of sects in the country. At the same time, public neglected the social features of religion to have a community and to be able to publicly profess one’s faith. Surveys conducted in 2007 and 2014 also revealed the differentiated attitudes towards public religiosity and private religiosity. Religious freedom is understood as a private choice to believe, but not as a right to display religious belief and perform religious practices in the public space. Public manifestation of religiosity from traditional religious communities seemed to be the sole ones to be tolerated by society^[8]Marika Ališauskienė & Jurga Bučaitė-Vilkė (eds), Religinių mažumų lygių galimybių užtikrinimas Lietuvoje: problemos ir rekomendacijos. (The Ensurance of Equal Opportunities of Minority … Continue reading.

Implementation of the principle of religious freedom for religious communities is specifically related to the position of minority religions in Lithuania. The social scientist Eileen Barker^[9]Eileen Barker, "But Who's Going to Win? National and Minority Religions in Post-Communist Society", in I. Borowik and G. Babinski (eds.) New Religious Phenomena in Central and Eastern Europe, … Continue reading observed that the fall of the Berlin Wall opened new domains of action for missionaries of minority religions in a territory that was previously surrounded by the Iron Curtain. Social conditions of new pluralism were followed by the population’s antagonism towards unknown religious groups and their believers. These groups were considered as a threat for the Lithuanian society that came from foreign countries and challenged the so called “national churches” who would ultimately win “the battle for the people’s hearts”. According to the scholar Solveiga Krumina-Konkova^[10]Solveiga Krumina-Konkova, "New Religious Minorities in the Baltic States’", in Phillip Lucas and Thomas Robbins (eds.), New Religious Movements in the 21st Century: Legal, Political and Social … Continue reading, minority religions in Lithuania faced four main difficulties: firstly, antagonism from the mainstream churches; secondly, a lack of accurate information about these groups and the prevalence of one-sided materials published by the media; thirdly the development of anti-cult and counter-cult activities; and fourthly the isolationist and separatist tendencies from these minority groups. I analyzed the implementation of freedom of religion in the Baltic States^[11]Milda Ališauskienė, "Freedom of Religion in the Baltic States: a Sociological and Legal Analysis", op. cit. and found that social boundaries between the majority religion and the minority religions were more entrenched in Lithuania and in Latvia, than in Estonia. Generally speaking, implementation of the principle of religious freedom in Lithuania must be evaluated by replacing it within the historical context of the place of religion in the public life during the First Republic of Lithuania (1918-1940) and during the Soviet regime. As this space was previously mainly occupied by the Roman Catholic Church, in the early nineties, principle of religious freedom was firstly applied to this faith and its organizations.

III. State and Religion Relations: a Hierarchical Religious Pluralism?

Article 43 of the Constitution addresses religion-State relations in more concrete terms. It asserts that “there is no State religion” and introduces the State recognition of the so-called “traditional” churches and religious organizations. A list of “traditional” religious communities was finally provided by the Law on Religious Communities and Associations (LRCA) in 1995^[12]LR religinių bendruomenių ir bendrijų įstatymas. [Law on Religious Communities and Associations]. 1995. in [URL: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=21783]. There are nine … Continue reading. It was mostly based on historical criteria, i.e. the religious composition of the Grand Duchy of Lithuania in the 16^th century^[13]Irena Vaišvilaitė, “Tradicinių ir kitų religinių bendruomenių perskyra Lietuvoje” [The Distinction between Traditional and Other Religious Communities in Lithuania] in Religija ir teisė … Continue reading. Historian Regina Laukaitytė^[14]Regina Laukaitytė, "Lietuvos religinės mažumos 1918-1940 m. valstybės globoje" (Lithuanian Minority Religions in the Custody of 1918-1940 State), in Arūnas Streikus (ed.) Religija ir … Continue reading found that during the First Republic of Lithuania (1918-1940), the State referred to the list of the so-called traditional religious communities established by the Tsar of Russia. The First Republic of Lithuania added to this list the community of the Old Believers that was persecuted within the Russian Empire and settled on the margins of the Empire in the 17^th century. The list contained eight religious organizations. It described the multifaceted field of religion. In Lithuania, the religious field was dominated by Christianity, followed by Jews, Sunni Muslims and Karaites^[15]Karaites are adherents of Karaism religion, also spelled Karaitism or Qaraism, (from Hebrew “qara”, which means “to read”). They are a Jewish religious movement that repudiated oral tradition … Continue reading. Although there was historical data showing that Baptists, Jehovah’s Witnesses, and Seventh-day Adventists^[16]Seventh Day Adventists are members of the largest organized modern denomination of Adventism, a millennialist Christian sect created in the United States in the 19th century. They distinguished by … Continue reading  were active during this period, they were neither granted with State’s recognition nor they were included on the list.

LRCA also provides a more concrete legal framework for the recognition of religious communities. The law distinguishes “traditional”, “State-recognized”, and “other” religious communities, and differentiates their legal statuses. “Traditional” and “State-recognized” religious communities are entitled to State subsidies; tax exemption for sales of religious literature, objects and rent; recognition of religious marriages, prison and hospital chaplaincy; and religious (confessional) education in public (State and municipal) schools.

To be recognized as a “State-recognized” religion requires a legal registration of at least 25 years, a support from the society, and the proof that teaching and practices of the given religion are not in conflict with law and “morality"^[17]There are no criteria to define what is “moral” and what is not. Thus, defining what is “moral” or not is a highly political issue. . If these requirements are fulfilled, the Lithuanian Parliament may grant the status of “State recognition” based on the positive conclusion of the Ministry of Justice. In 2002, this status was granted to the Association of Evangelical Baptist Churches; in 2008 to the Seventh Day Adventist Church; in 2016 to the Union of Evangelical Pentecostals; and in 2017 to the New Apostolic Church.

LRCA also states that religious community may be registered if it has 15 members and if it provides a document defining the religious beliefs of the group, information about the structure, leadership, membership, and rules of property ownership. The institution in charge of registration is the State Centre of Legal Entities, where the application for registration’s documents should be presented by the Ministry of Justice. Refusals to register religious communities might be appealed to the Supreme Administrative Court of Lithuania. In 2004, the Ministry of Justice refused to register the Hindu religious group Osho. Decision was taken due to the unfavorable conclusion of the experts about the “non-religious essence of this community and its activities in contradiction with public morals, particularly the attitudes toward family”. But the decision of the Supreme Administrative Court of Lithuania was favorable to the Osho community and the group was registered as a religious group in 2005. Court decision also stated that State institutions transgressed the boundaries of their competencies when they evaluate the definition of religion, and that they violate the principle of religious freedom^[18]Ošo meditacijos centras Ojas įregistruotas kaip religinė bendruomenė. [Osho meditation centre Ojas wa registered as the religious community]. [URL: … Continue reading.

In 2000, ratification of three international agreements with the Holy See was another important landmark regarding the relations between religious groups and the Lithuanian State^[19]Agreement between the Holy See and the Republic of Lithuania concerning juridical aspects of the relations between the Catholic Church and the State. 2000. … Continue reading. This landmark was followed by the incremental conversion of the provisions of international treaties into the national legal system. This process is still going on, and particularly deals with the relations between the State and the other religious communities. In 2001, the government sent officials to the Mixed Commission for implementation of the international agreements, that was chaired by Cardinal Audrys Juozas Bačkis and the Prime Minister on the behalf of the Republic of Lithuania^[20]LR Vyriausybės nutarimas “Dėl komisijos, atstovausiančios Lietuvai, sudarymo”, [Republic of Lithuania Government Decision Regarding the Composition of the Commission Representing Lithuania] … Continue reading. The administration of the Commission was provided by the Prime Minister’s Office.

According to Article 9 of the 2000 “Agreement between the Holy See and the Republic of Lithuania concerning the legal aspects of relations between the Catholic Church and the State”, the following religious feasts became public holidays: January 1 (for a threefold purpose: Solemnity of the Virgin Mary, Mother of God, The New Year); the 2nd day of Easter; August 15 Assumption of the Virgin Mary (or “Žolinė” in Lithuanian language); November 1 (Solemnity of All Saints); December 25 (Christmas); and December 26 (2nd day of Christmas). This list might be modified by agreement between the state and the Roman Catholic Church. Feast days of other religious community were not declared public holidays.

International agreements between the Republic of Lithuania and the Holy See should be seen as an important landmark regarding State and religions relationship in contemporary Lithuania. These agreements introduced hierarchical relations between traditional communities, and by doing so, they further complicated the existing differentiation of religious communities as implemented in the 1992 Constitution. Other traditional religious communities do not have the right to sign international agreements. In addition, the State did not offer to sign national agreements to other traditional religious communities although this path was taken by Poland after international agreements with the Holy See were signed.

One consequence of the hierarchical relations among religious communities that were newly introduced by international agreements signed with the Holy See (2000) is the fact that the Lithuanian Bishop’s Conference became the main actor representing religion. That is the reason why the Lithuanian Bishop’s Conference is usually invited by different State bodies to delegate its members to their boards and councils. For instance, representatives of the Conference are members of the Lithuanian Radio and Television Council^[21]Lietuvos radijo ir televizijos taryba [Lithuanian Radio and Television Council]. [URL: http://www.lrt.lt/apie-lrt/lrt-taryba]. Accessed on November 8, 2017., and of the Lithuanian Statistics Council^[22]Lietuvos statistikos departamento generalinio direktoriaus įsakymas “Dėl personalinės statistikos tarybos sudėties patvirtinimo” [The Order of the Director General of the Department of … Continue reading.

Another area of public life where the Roman Catholic Church is involved is the militant field. Since 2000, many non-governmental organizations have been created. They defend Catholic values in politics and embody them in the parliament, in the government, and within ministerial- as well as municipality- working groups. Among the most active organizations, the National Association for Families and Parents, the Forum of Parents, the Institute of Free Society and Catholic Voice, and the Lithuanian Catholic Federation Ateitis should be mentioned. The main areas of public life where the Roman Catholic Church promotes Catholic values are education (religion and sexual education), health (artificial insemination, contraception, abortion, euthanasia), social welfare and family life (same sex civil partnership).

IV. Education in Lithuania: where do State and Religion Meet?

According to Article 40 of the Constitution of the Republic of Lithuania, Article 10 of the Law on Education of the Republic of Lithuania and Article 14 of LRCA, religious communities and associations have the right to establish comprehensive schools and training institutions for the clergy and the teachers of religion. In 2000, the Agreement between the Holy See and Republic of Lithuania on Co-operation in Education and Culture^[23]Agreement between the Holy See and the Republic of Lithuania on Co-operation in Education and Culture. 2000. [URL: http://www.lcn.lt/b_dokumentai/kiti_dokumentai/AS-LR-sutartis-svietimas.html]. … Continue reading was signed and then implemented in the national legal system. This Agreement entrenched the place of confessional Roman Catholic religious education within school curricula, the role of teacher of religion, as well as the roles of the Church and the State regarding the education of teachers of religion. Thus, religious education was granted the status of mandatory subject in Moral Education courses. Teachers from the Roman Catholic religion should have the delegating document [missio canonica] from the Lithuanian Catholic Church authorities. They enjoy same rights and duties than teachers of other domains. Article 6 of this Agreement states that preparation of textbooks of Roman Catholic religion is taken over by the Conference of Lithuanian Bishops in co-operation with the competent institution within the Republic of Lithuania.

Confessional religious education is an optional subject in public schools within Moral Education classes where the choice can be made between religious education and ethics. Religious education is a part of primary, basic and secondary education. It is provided according to Article  6 of the Constitution. Parents/tutors choose between religious education and ethics for pupils younger than 14 years old, whereas elder pupils choose by themselves. State- and municipal schools must guarantee religious education when parents/tutors request so: the Law of Education says that if parents/tutors ask schools to provide classes of their religion (traditional or State-recognized), schools should work out the situation and provide these classes. Religious education should not interfere with the secularity of the State and/or the municipality.

Content of religious education in public schools equates the teaching of one of the nine traditional or State-recognized religious communities. Programs of teaching of the nine traditional religious communities are approved by the Ministry of Education. Thus both the State and the religious communities contribute to the process of creating, adapting and proposing curricula for classes of religious education. Teachers of religion are designated by the authorities of the religious community they represent. This regulation derives from the agreement signed with the Holy See about education and culture, and was applied to all traditional and State-recognized religious communities. However, this regulation also raises critical questions on how the rights of teachers to have a job should also be secured^[24]Teachers of other subjects are not asked to provide permission to teach their subject every year and cannot lose the permission to teach on the “moral ground”, which is very subjective. For … Continue reading. In 2015 56,6 % of pupils chose classes of religious education. A majority of them (55,4 %) chose classes of Roman Catholicism. Then they chose Russian Orthodoxy (0,9 %), Eastern Rite Catholicism (0,1 %), Evangelical Lutherianism (0,1 %), Judaism (0,1 %), Evangelical Reformed Protestantism (0,1 %) and Karaism (37 pupils). A majority of pupils attending classes of religious education also attended public schools^[25]This data was obtained during the interview with official responsible for the religion education at Ministry of Education and Science on November 3, 2017..

As it was mentioned above, content of religious education in public schools might be considered as confessional, i.e. mainly focusing on the faith of traditional or State-recognized religious communities. Content of religious education is approved by the Ministry of Education, in pair with the content of other disciplines within the general program. Participation of religious communities in creating programs is regulated by the agreement signed with the Holy See, which was then converted within the Law of Education of Republic of Lithuania^[26]LR Švietimo įstatymas [Republic of Lithuania Law on Education]. 2003. [URL: http://www3.lrs.lt/pls/inter2/dokpaieska.showdoc_l?p_id=364830]. . Article 31 of this law specifically deals with religious education. In addition, Article 31 states that if schools cannot provide courses of religious education of traditional religious community, they may include the evaluation of attending Catholic or other religious school (supplied by local communities).

Available data on the content of religious education differs. For instance, the first teaching programs of Roman Catholic and Orthodox religious education were officially approved and published in 1994. But teaching programs of Evangelical Lutherans and Evangelical Reformed were approved later in 2002. In 2008, teaching programs of Karaites and Jews were approved. Other traditional religious communities like the Old Believers, the Sunni Muslims and the Eastern Rite Catholics, as well as the above mentioned religious communities, Evangelical Baptists, Seventh-day Adventists, New Apostolic Church and Evangelical Pentecostals that are granted the status of “State recognition”, have not submitted teaching programs of their religious education yet. Official statistics revealed that pupils attend classes of religious education given by these traditional religious communities. However, the actual content of these classes remains unknown.

When religious classes started in Lithuania, some religious communities used them to prepare pupils for their future religious life as grown adult. However, in 2003 the Roman Catholic Church issued guidelines entitled “Landmarks for differentiation between religious education and parish catechesis”^[27]Gairės tikybos mokymui ir parapinei katekezei diferencijuoti. [Landmarks for differentiation of religious education and parish catechesis]. 2003. “Bažnyčios žinios” [Church News]. 2003 04 15, … Continue reading.Guidelines urged to not provide preparation for first communion in public schools, and instead to teach pupils in parishes during Sunday schools. In practice, guidelines are implemented in such a way that preparation for the sacraments is organized in the parishes. Pupils have to provide documents showing that they attend classes of religious education in order to be allowed to receive the first communion.

There is no non-confessional religious education in public schools, but there is a possibility to have classes of comparative religion within the framework of social sciences in the last grades of the secondary school when pupils can choose between psychology, sociology, economics, etc. In 2000, discussions were held within the Ministry of Education in order to broaden choices within the classes of Moral Education. Alternatives such as philosophy, comparative religion and psychology were discussed. Ultimately, the decision left only two options: confessional religious education and ethics.

Possibility to establish private schools emerged only after the declaration of Independence. But the system of funding was not clear until the creation of the “Pupil's basket” in 2002: in private schools, teaching of religion is funded by the State budget. However, additional programs provided by school are funded by the owner of the school. If a private school is owned by a given religious organization, the school is also responsible of the content of religious education. Like in public schools, religious education in private schools should be taught by a teacher authorized by religious authorities. In most of the cases, teachers are authorized by a traditional religious community. In 1993, the nontraditional religious community “Word of Faith” [Tikėjimo žodis] created a private school called Vilnius Christian Gymnasium, wherein religious education is approved by the authorities of this religious community.

In 2004, the Lithuanian Government decided that religious schools which belong to the traditional religious community will be subsidized by the State in order to cover administrative and property expenses^[28]LR Vyriausybės nutarimas “Dėl tradicinės religinės bendruomenės ar bendrijos mokyklos, vykdančios formaliojo švietimo programas, finansavimo tvarkos aprašo patvirtinimo” [Republic of … Continue reading. This decision is a direct consequence of the international agreement signed with the Holy See. It only concerned Roman Catholic schools. Implementing this decision stimulated an increase of Roman Catholic schools; they were 29 in 2017 and were united under the umbrella of the Association for Catholic Schools^[29]Katalikiškų mokyklų asociacija. [The association of Catholic Schools] [URL: https://sites.google.com/site/kasociacija/nariai ]. Accessed on November 8, 2017.. Generally speaking, in Lithuania, schools are the place for the secondary religious socialization. The Roman Catholic Church provides religious classes to those who ask for them. Classes are supported by the State in accordance to the international agreements signed with the Holy See. From a scientific point of view, content of religious education provides area for discussion about religious inequality and discrimination. Sexual education is another area of education where the Roman Catholic Church plays an important role. The program of sexual education was prepared by a working group within the Ministry of Education in 2015-2016. Different groups of interests took part to the process. Outcomes were mainly based on Roman Catholic values.

V. Religion within the Lithuanian Armed Forces: the Challenge of Religious Diversity

The Lithuanian Armed Forces comprise professional military service, compulsory and voluntary military service, as well as alternative military service. Relations between religion and State touch the three above-mentioned services. One of the international agreements signed with the Holy See was dedicated to the pastoral care of Catholics serving in the Army^[30]Agreement between the Holy See and the Republic of Lithuania concerning the pastoral care of Catholics serving in the Army. 2000. [URL: … Continue reading. Following this agreement, the Lithuanian Roman Catholic Church established the Military Ordinariate “headed by a Military Ordinary^[31]Namely, the office of Ordinaries. who has the rights and the duties of a diocesan Bishop”. According to the Article 5, subjects under the authority of the Ordinariate are various: (a) Catholic military and civilian personnel serving in the Army of Lithuania; (b) Catholic members of their families and other Catholics who share the same residence; (c) Catholics attending military schools, working in hospitals and other similar institutions; (d) Catholics who carry out a task committed to them by the Military Ordinary in a permanent way or with his consent. Ordinariate appoints military chaplains in accordance with the local bishop. The Ministry of Defense provides material support for Ordinariate. Chaplains are provided with social security and salaries by the State.

However, Lithuanian population includes also believers of other faiths and non-believers, and so is the Army. Article 4 of the Law on Military Conscription states that alternative military service is a support service for those who, due to their religious or pacifist believes, cannot serve with weapons. Article 8 states that these people might be exempted from mandatory military service. It also states that clergymen of traditional religious communities might be exempted from mandatory military service^[32]LR Karo prievolės įstatymas. [Republic of Lithuania Law on Military Conscription]. 1996. [URL: https://www.e-tar.lt/portal/lt/legalAct/TAR.E9CE9C91C255]. Accessed on November 9, 2017.. In 2016, Jehovah’s Witnesses complained about the Lithuanian Armed Forces’ decision not to exempt from mandatory military service its clergyman on the basis that law on military conscription discriminates clergymen from non-traditional religious communities. Their complaint was considered by the Vilnius county Administrative Court, and went to the Constitutional Court for further explanation. The Constitutional Court concluded that clergymen of all religious communities – traditional and non-traditional – must carry out military service. Court also concluded that the notion which exempts clergymen from service goes in contradiction with the Constitution, and thus it should be changed^[33]LR Konstitucinis teismas. Dėl Lietuvos Respublikos karo prievolės įstatymo nuostatos atitikties Lietuvos Respublikos konstitucijai. [Republic of Lithuania Constitutional Court. Regarding the … Continue reading.

According to the Law on Military Conscription, a person who wants to carry out alternative military service, due to his/her religious or pacifist beliefs, should provide documents that will be examined by the Commission for Alternative Military Service. This Commission was created in 2000 by a governmental decision. Initially, the Commission comprised of representatives of scholars, non-governmental organizations advocating human Rights, as well as traditional religious communities^[34]Lietuvos Respublikos Vyriausybės nutarimas. Dėl karo prievolininkų prašymų atlikti alternatyviąją krašto apsaugos tarnybą nagrinėjimo komisijos nuostatų patvirtinimo. [Republic of … Continue reading. In 2011 and later in 2015 and 2016, the Ministry of Defense changed the composition of the Commission for Alternative Military Service, but the inclusion of representative of traditional religious community remained.

Provisions of the Law of Military Conscription to provide conscripts with an alternative military service does not comply with the needs of Jehovah’s Witnesses because this service is conducted within the military system. According to the beliefs of Jehovah’s Witnesses, they cannot be subordinate to military system. However, there has been no cases yet that lead to a Court investigation regarding Jehovah’s Witnesses refusal to carry out alternative military service.

In 2016, the Ombudsperson of Equal Opportunities^[35]The position of “Ombudsperson of Equal Opportunities” was established in 1998 when the Law on Equal Opportunities of Women and Men was approved by the Parliament of Lithuania [URL: … Continue reading stated that people of diverse beliefs are discriminated in Lithuanian Army because they were not proposed a vegetarian option for meals^[36]LR Lygių galimybių kontrolierius. Pažyma dėl galimos diskriminacijos religijos ir įsitikinimų pagrindu atliekant nuolatinę pradinę privalomąją karo tarnybą. [Republic of Lithuania Equal … Continue reading. Complaint regarding possible discrimination on the ground of religion and belief was provided by the Krishna Consciousness organization of Kėdainiai city. Response from Military Forces was a new list of meals in compliance with vegetarian needs.

Generally speaking, the binding relations between the Roman Catholic Church and the Lithuanian State influences the place and the role of religion within the Lithuanian Armed Forces. Following international agreements signed with the Holy See, the Roman Catholic Church enjoys a privileged position in the pastoral care within Armed Forces. Church also receives States’ material support for its activities. So far, the other traditional religious communities do not enjoy the same conditions for their activities in the Lithuanian Armed Forces. During the last few years, Armed Forces have been asked to be more inclusive for all the religious groups, to comply with the changing needs of the religious population, and to propose food products for vegetarian conscripts.