The constitution recognizes Buddhism as the state’s “spiritual heritage” and stipulates it is “the responsibility of all religious institutions and personalities to promote the spiritual heritage of the country.” The constitution states every citizen has “the right to freedom of thought, conscience, and religion” and bans discrimination based on religion. The constitution states the king must be Buddhist and requires the king to be the “protector of all religions.”
The constitution states “no person shall be compelled to belong to another faith by means of coercion or inducement.” The penal code criminalizes coercion or inducement to convert as a misdemeanor, punishable by up to three years’ imprisonment.
The law prohibits oral or written communication “promoting enmity between religious groups” and provides for sentences of up to three years’ imprisonment for violations. There were no reports of prosecutions.
The penal code states individuals found guilty of promoting civil unrest by advocating “religious abhorrence,” disturbing public tranquility, or committing an act “prejudicial to the maintenance of harmony” between religious groups shall be subject to punishment of five to nine years’ imprisonment. There were no reports of prosecutions.
The law requires religious groups to register with the CRO. In order to register, a religious group must submit an application demonstrating its leaders are citizens and disclosing their educational background and financial assets. The law also specifies the organizational structure, bylaws, and procedural rules registered religious organizations must follow. The law prohibits religious organizations from “violating the spiritual heritage” of the country and requires them to protect and promote it. The law also states no religious organization shall do anything to impair the sovereignty, security, unity, or territorial integrity of the country. The law mandates the CRO certify religious groups applying for registration meet the requirements specified in the law.
Registered religious groups may raise funds for religious activities and are exempt from taxes. Registered groups require permission from local government authorities to hold public meetings outside of their registered facilities and must seek permission from the Ministry of Home and Cultural Affairs to invite foreign speakers to address them or to receive foreign funds.
Unregistered religious groups may not organize publicly, own property, raise funds, conduct outreach activities, or import literature. According to the law, these activities are subject to penalties ranging from fines to prison terms, depending upon the offense. Unregistered religious groups may hold private worship services in homes. The law states it is an offense for a religious group to provide false or misleading information in its religious teachings, to misuse investments, or to raise funds illegally. The CRO has authority to determine whether the content of a group’s religious teachings is false or misleading, as well as whether it has raised funds illegally. Sanctions include fines and potential revocation of registration.
The law states the CRO shall consist of an eight-member board responsible for overseeing the structure of religious institutions, enforcing the constitutional separation between the government and religious organizations, and monitoring religious fundraising activities. The chairperson of the board is a cabinet minister appointed by the prime minister. A senior official from the Ministry of Finance and one of the king’s appointees to the National Council also sit on the board. The director of culture in the Ministry of Home Affairs serves as an ex-officio secretary. The remaining seats are occupied by the heads of Buddhist religious bodies and a Hindu body. The law requires the CRO to “ensure that religious institutions and personalities promote the spiritual heritage of the country” by developing a society “rooted in Buddhist ethos.”
The constitution states the king shall appoint the chief abbot of the central monastic body on the advice of the five masters of the monastic body. Those individuals and a civil servant administrative secretary make up the Commission for Monastic Affairs, which manages issues related to Buddhist doctrine. The constitution says the state will provide funds and “facilities” to the central monastic body.
The law permits the government to “avoid breaches of the peace” by requiring licenses for public assembly, prohibiting assembly in designated areas, and imposing curfews. The government may apply these measures to groups and organizations of all kinds, including religious groups.
Government approval is required to construct religious buildings. All religious buildings are legally required to adhere to traditional Bhutanese architectural standards. The CRO determines conformity with these standards.
The constitution states religious institutions have the responsibility to ensure religion remains separate from the state. It also says “religious institutions and personalities shall remain above politics.”
The law prohibits religious organizations from involvement in political activity. Ordained members of the clergy of any religion are prohibited from engaging in political activities, including running for office or voting.
The country is not a party to the International Covenant on Civil and Political Rights.