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Brunei

Executive Summary

The constitution states that while the official religion is the Shafi’i School of Islam, all other religions may be practiced “in peace and harmony.”  A partially implemented Sharia Penal Code (SPC) has operated in parallel with the existing common law-based criminal justice system since 2014 and primarily involves offenses punished by fines or imprisonment, such as propagating religions other than Islam, eating in public during the fasting hours of Ramadan, cross-dressing, close proximity of unmarried persons of the opposite sex, and “indecent behavior,” which is defined broadly.  The SPC applies to both Muslims and non-Muslims, including foreigners, with non-Muslims exempted from certain sections.  A government gazette dated December 29 contained an order from the sultan stating the final phases of the SPC, which include corporal and capital punishments, would go into effect on April 3, 2019.  A separate government gazette announced that the Sharia Criminal Procedure Code (CPC), which is necessary to implement the SPC, would go into effect January 1, 2019.  The government permitted Shafi’i Muslims and members of non-Muslim religious minorities to practice their faiths but continued to ban several religious groups it considers “deviant.”  The defendant in a long-running sedition case, accused of criticizing religious policy, fled before his verdict to seek refuge in Canada.  In response, the prosecution obtained an arrest warrant and informed the court it intended to apply for judgment in absentia.  The government continued to prohibit non-Muslims proselytizing among Muslims or persons with no religious affiliation but did not caution non-Muslims against publicly celebrating religious holidays as it did last in 2016.  The government periodically warned the population about “outsiders” preaching non-Shafi’i versions of Islam.  In a local press article, a government official said foreigners residing in the country must adopt the national philosophy, Malay Islamic Monarchy (MIB).  Islamic authorities organized a range of proselytizing activities and incentives to explain and propagate Islam.

Non-Muslims and Muslims faced social pressure to conform to Islamic guidelines regarding behavior.  In discussion of religion and religious freedom on social media, some Muslims and non-Muslims posted comments questioning the relevance of the MIB national philosophy, while others called for increased Islamification and increased restrictions on non-Muslims.  Anecdotal reports indicated that some Muslims and Christians who wished to convert to another religion feared social retribution, such as ostracism by friends, family, and their community.

Throughout the year, the Ambassador, Charge d’Affaires, other embassy officers, and visiting U.S. government officials regularly engaged with the government regarding the content and implementation of the SPC, ratification of the UN Convention against Torture (UNCAT), and protection of religious minority rights.  The same issues were raised in June during a bilateral consultation between the Acting Assistant Secretary of State for East Asian and Pacific Affairs and the Minister of Foreign Affairs II, Dato Erywan.  In November Department of State officials met senior officials from the Attorney General’s Chambers (AGC) to discuss the SPC and preparations for implementation of SPC phases two and three.  The Ambassador and the Charge d’Affaires met frequently with minority religious leaders and discussed their concerns over the implementation of the full SPC.

Section I. Religious Demography

The U.S. government estimates the total population at 451,000 (July 2018 estimate).  According to the 2011 census, 78.8 percent of the population is Muslim, 8.7 percent Christian, and 7.8 percent Buddhist, while the remaining 4.7 percent consists of other religions, including indigenous beliefs.

There is significant variation in religious identification among ethnic groups.  According to 2016 official statistics, ethnically Malay Bruneians comprise 66 percent of the population and are presumed to be Muslim as an inherited status.  The Chinese population, which is approximately 10 percent of the total population and includes both citizens and permanent residents, is 65 percent Buddhist and 20 percent Christian.  Indigenous tribes such as Dusun, Bisaya, and Murut make up approximately 4 percent of the population and are estimated to be 50 percent Muslim, 15 percent Christian, and the remainder followers of other religious groups, including adherents of traditional practices.  The remaining fifth of the population includes foreign-born workers, primarily from Indonesia, Malaysia, the Philippines, and South Asia or are stateless residents.  According to official statistics, approximately half of these temporary and permanent residents are Muslim, more than one-quarter Christian, and 15 percent Buddhist.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states the religion of the country shall be the Shafi’i school of Sunni Islam but allows all other religions to be practiced “in peace and harmony” by the persons professing them.

The legal system is divided between civil law and sharia, which have parallel systems of both criminal and civil/family law and operate separate courts under a single judiciary department.  The civil courts are based on common law.  The sharia courts follow the Shafi’i school of Islamic jurisprudence, in which there is no law of precedence and judges are not bound by the decisions of a higher court.  Sharia courts have jurisdiction over both criminal law and civil/family matters involving Muslims and hear cases brought under long-standing sharia legislation as well as under the SPC.  In some cases, non-Muslims are subject to sharia courts, such as in the case of khalwat (close proximity between the sexes) if the other accused party is Muslim.

In 2014, the government announced it would introduce the SPC in three phases, and the first phase came into force that year.  The SPC exists in parallel with the common law-based criminal law system and primarily involves offenses punishable by fines or imprisonment.  It includes long-standing domestic sharia laws such as on drinking alcohol, propagating religions other than Islam, eating in public during the fasting hours of Ramadan, cross-dressing, and close proximity between unmarried persons of the opposite sex.  It prohibits “indecent behavior,” including pregnancies out of wedlock, and criminalizes any act that “tends to tarnish the image of Islam, deprave a person, bring bad influence, or cause anger to the person who is likely to have seen the act.”  The SPC applies to both Muslims and non-Muslims, including foreigners, as well as to offenses committed outside the country by citizens or permanent residents.  Non-Muslims are exempt from certain sections, such as requirements for men to join Friday prayers or payments of zakat (obligatory annual alms giving).  It states that Muslims will be identified for purposes of the law by “general reputation.”

Government gazettes dated December 29 contained orders from the sultan that the CPC – a necessary step to implement the SPC – would enter into force on January 1, 2019, and both the SPC second and third phases, with provisions for both corporal and capital punishments, would take effect on April 3, 2019.  The CPC outlines the procedures that law enforcement agencies and the sharia court need to follow when investigating and prosecuting sharia-related offenses.

When fully implemented, the SPC will introduce corporal punishments, including amputation for crimes such as theft, and capital punishments such as stoning to death for rape, fornication, adultery, or sodomy, and execution for apostasy, contempt of the Prophet Muhammad, or insult of the Quran.  The punishments included under the SPC have different standards of proof from the common law-based penal code, such as requiring four pious men to witness personally an act of fornication to support a sentence of stoning.  Stoning sentences, however, could be supported by a confession in lieu of evidence at the discretion of a sharia judge.

The government describes its official national philosophy as Melayu Islam Beraja (MIB), or Malay Islamic Monarchy, which the government defines as “a system that encompasses strong Malay cultural influences, stressing the importance of Islam in daily life and governance, and respect for the monarchy as represented by His Majesty the Sultan.”  The government has said this system is essential to the country’s way of life and its main defense against extremism.  A government body, the MIB Supreme Council, seeks to spread and strengthen the MIB philosophy and ensure MIB is enshrined in the nation’s laws and policies.  MIB is a compulsory subject for students in both public and private schools, including at the university level.

The Religious Enforcement Division under the Ministry of Religious Affairs (MORA) is the lead agency in many investigations related to religious practices, but other agencies also play a role.  The Religious Enforcement Division leads investigations on crimes that exist only in the SPC and other sharia legislation, such as male Muslims failing to pray on Fridays.  Cases involving crimes that are not covered by sharia legislation, such as human trafficking, are investigated by the Royal Brunei Police Force (RBPF).  Cases involving crimes covered by both sharia and the civil code are also investigated by the RBPF and referred to the AGC.  In these cases, a committee of AGC and MORA officials determines in each case if a specific crime should be prosecuted and whether it should be filed in the sharia or civil court.  No official guidelines for the committee’s determination process have been published.

The government has permitted Shafi’i Muslims and members of non-Muslim religious minorities to practice their faiths but has continued to ban several religious groups it considers “deviant,” including the Ahmadiyya Muslim Community, Al-Arqam, Abdul Razak Mohammad, Al-Ma’unah, Saihoni Tasipan, Tariqat Mufarridiyyah, Silat Lintau, Qadiyaniah, the Baha’i Faith, and Jehovah’s Witnesses.  The list is based on fatwas proclaimed by the state mufti or the Islamic Religious Council – a government body and the sultan’s highest authority on matters on Islam – and is publicly available on MORA’s website.  The SPC also bans any practice or display of “black magic.”

The SPC includes a list of words and expressions, including the word “Allah,” reserved for use by only Muslims or in relation to Islam.  In 2016, the government clarified that the use of certain words, such as “Allah” by non-Muslims, did not constitute an SPC offense when used in a nonreligious context or social activity.

Muslims are legally permitted to renounce their religion until authorities implement the complete SPC, but individuals wishing to renounce their faith must inform the Islamic Religious Council in writing.  A person must be at least 14 years and seven months old to convert to a different religion.  If parents convert to Islam, their children automatically become Muslim.

The law requires all organizations, including religious groups, to register and provide the names of their members.  Applicants are subject to background checks for leaders and board members, and proposed organizations are subject to naming requirements.  Registered organizations must furnish information on leadership, election of officers, members, assets, activities, and any other information requested by the registrar.  Benefits of registration include the ability to operate, reserve space in public buildings, and apply for permission to raise funds.  The registrar of societies oversees the application process, exercises discretion over applications, and is authorized to refuse approval for any reason.  Organizations are prohibited from affiliation with any organization outside the country without written approval by the registrar.  Unregistered organizations may face charges of unlawful assembly and may be subject to fines.  Individuals who participate in or influence others to join unregistered organizations may be fined, arrested, and imprisoned.  The general penalty for violating laws on the registration and activity of organizations is a fine of up to 10,000 Brunei dollars (BND) ($7,300), imprisonment for up to three years, or both.

The law states that any public assembly of five or more persons requires official approval in advance.  Under long-standing emergency powers, this applies to all forms of public assembly, including religious assembly.  In practice, however, places of worship are viewed as private.

The law forbids the teaching or promotion of any religion other than Islam to Muslims or to persons of no faith.  Under the first phase of the SPC, the penalty for propagating religions other than Islam is up to five years in prison, a fine of up to 20,000 BND ($14,700), or both.  The SPC includes a provision that makes it illegal to criticize Islam, including the SPC itself.

Laws and regulations limit access to religious literature.  The law states it is an offense for a person to import any publication deemed objectionable, which is defined in part as describing, depicting, or expressing matters of race or religion in a manner likely to cause “feelings of enmity, hatred, ill-will, or hostility between different racial or religious groups.”  The law also bans distributing materials relating to religions other than Islam to Muslims or persons of no faith.

The law establishes two sets of schools:  those offering the national or international curriculum and administered by the Ministry of Education (MOE), and those offering supplemental religious education (ugama) that are administered by MORA.

MOE schools are required to teach a course on Islamic religious knowledge, which is required for all Muslim children ages seven to 15 who reside in the country and who have at least one parent who is a citizen or permanent resident.  Non-Muslims are exempted from all religious study requirements and receive teaching on moral behavior.  Muslim students must also attend separate, MORA-run religious schools (often in the afternoon after MOE schools have adjourned), which provide additional ugama instruction.

Ugama instruction in MORA schools is a seven-to-eight-year course that teaches the day-to-day practice of Sunni Islam according to the Shafi’i school and is mandatory for Muslim students ages seven to 14 who hold citizenship or permanent residency.

Alternatively, MORA also administers a set of schools taught in Arabic that offer the national curriculum combined with ugama religious education.

A 2012 government order mandates that every Muslim child between the ages of seven and 15 attend a MORA religious school.  Parents may be fined up to 5,000 BND ($3,700), imprisoned for a term not exceeding one year, or both for failure to comply with the order.  The law does not make accommodations for Muslims who have non-Shafi’i beliefs.

In July the sultan directed that Islamic history be made a compulsory subject in all educational institutions, including private schools.

Public and private schools, including private schools run by churches, are prohibited from providing religious instruction in beliefs other than the Shafi’i school of Islam during school hours.  Schools may be fined or school officials imprisoned for teaching non-Islamic religious subjects.  The SPC criminalizes exposing Muslim children or the children of parents who have no religious affiliation to the beliefs and practices of any religion other than Islam.  The law also requires practitioners to obtain official permission before teaching any matter relating to Islam.  Churches and religious schools are permitted to offer non-Shafi’i Islamic education in private settings, such as private homes.

All parental rights are awarded to the Muslim parent if a child is born to parents who are not both Muslim.  The non-Muslim parent is not recognized in any official document, including the child’s birth certificate, unless that parent has converted to Islam.  The law bans any Muslim from surrendering custody of a minor or dependent in his or her guardianship to a non-Muslim.

Under the SPC, non-Muslims may be arrested for zina (fornication or adultery) or khalwat, provided that the other accused party is Muslim.  Foreigners are also subject to these laws.

A regulation requires businesses that produce, supply, and serve food and beverages to obtain a halal certificate or apply for an exemption if serving non-Muslims.

MORA has declared circumcision for Muslim girls (sunat) a religious rite obligatory under Islam and describes it as the removal of the hood of the clitoris (Type I per World Health Organization classification).  The government has stated it does not consider this practice to be female genital mutilation/cutting (FGM/C) and has expressed support for the World Health Organization’s call for the elimination of FGM/C.  In his 2017 fatwas, the state mufti stated that both male and female circumcision are required and specified that female circumcision involves a “small cut above the vagina.”

The country is not a party to the International Covenant on Civil and Political Rights.

Government Practices

Government-provided statistics indicated sharia courts prosecuted 123 cases resulting in 71 convictions between January and August.  The majority of convictions were for khalwat and illicit sex.  Additionally, two individuals were convicted for disrespecting the month of Ramadan.

The defendant in a long-running sedition case, accused of criticizing MORA’s halal policy, fled the country before his verdict in order to seek refuge in Canada.  In response, the prosecution obtained an arrest warrant and informed the court it intended to apply for judgment in absentia.

Public and private practitioners in the local legal community stated that the CPC does not fully address evidentiary standards for prosecution of corporal and capital punishment cases for phases two and three of the SPC.

MORA continued to provide texts for Friday sermons to all mosques, which were then required to deliver the approved texts, and the government required the sermons to be preached only by registered imams.

The Reporters Without Borders 2018 World Press Freedom Index for Brunei stated journalists in the country practiced self-censorship as a rule when reporting on religion.

There was no legal requirement for women to wear head coverings in public; however, religious authorities continued to reinforce social customs to encourage Muslim women to wear the tudong (a traditional Islamic head covering), and many women did so.  When applying for passports, drivers’ licenses, and national identity cards, Muslim females were required to wear a tudong.  Muslim women employed by the government were expected to wear a tudong to work, although some chose not to with no reports of official repercussions.  In government schools and institutions of higher learning, Muslim female students were required to wear a uniform that includes a head covering.  Male students were expected to wear the songkok (a traditional hat), although this was not required in all schools.  Women who were incarcerated, including non-Muslims, were required to wear a uniform that included a tudong.

Religious leaders and government officials did not officially warn citizens against publicly displaying symbols of religions other than Islam during Christmas and Chinese New Year, as they did last in 2016.  Many businesses still chose not to display decorations; however, Christmas decorations were on display for sale in many shops in popular malls.  As in past years, the government limited traditional Lunar New Year lion dance performances to a three-day period and restricted them to the Chinese temple, Chinese school halls, and private residencies of Chinese Association members.  Members of the royal family publicly attended Lunar New Year celebrations and lion dance performances during the allowed period, with front-page coverage in state-influenced media.

The government periodically warned the population about “outsiders” preaching non-Shafi’i versions of Islam, including both “liberal” practices and those associated with jihadism, Wahhabism, or Salafism.  In November while addressing an audience that contained international Islamic scholars and several senior government officials, the head of the Religious Teachers’ University College stated the ideas of liberalism and individual freedom in religion were dangerous.

According to a local press article, in May the head of the Traditions and Customs Council, Pengiran Aziz, told members of the Brunei-China Friendship Association that foreigners residing in the country must adopt the national philosophy, MIB, and described it as a concept of life and the foundation of national unity.

The government continued to enforce strict customs controls on importing non-Islamic religious texts such as Bibles, as well as on Islamic religious teaching materials or scriptures intended for sale or distribution.  Authorities generally continued to ban non-Islamic religious texts from import, and the censorship board continued to review Islamic texts to ensure they did not contain text that deviated from the Shafi’i school of Islam.  Personal packages entering the country continued to be checked by customs to ensure they did not contain anything of a non-Shafi’i Islamic or perceived sexual nature, such as magazines showing women in swimsuits.

Churches stated that a long-standing fatwa discouraging Muslims from assisting in perpetuating non-Muslim faiths continued to inhibit expansion, renovation, or construction of new facilities.  Christian religious groups said, however, authorities generally permitted churches and associated schools to repair and renovate buildings on their sites if required for safety.  This approval process remained lengthy and difficult, and there were continuing reports of the government stalling new construction projects for not meeting the complicated permit process requirements.  With only six approved churches in the country, facilities were often too small to accommodate their congregations without significant overflow seating outdoors.  Chinese Buddhist temples were also subject to the same fatwa, with only one official Chinese temple preserved as a cultural heritage site.  Government data from 2015, the latest available, indicated there were 99 registered mosques.  Christian worshippers continued to report difficulty accessing churches on many Sundays because of road closures by the government for official events, with some services being rescheduled to other times.

The minister of religious affairs reported there had been a significant increase in the number of students attending religious school since the implementation of the 2012 order on compulsory religious education.  The government reported many non-Muslim children elected to take courses on Islam.  Reportedly, those applying for government-funded scholarships believed having such courses could be advantageous.  Most school textbooks were illustrated to portray Islam as the norm, and women and girls were shown wearing the tudong.  There were no depictions of the practices of other religious groups in textbooks.

Authorities continued to prohibit non-Muslims and non-Shafi’i Muslims from receiving non-Shafi’i religious education in schools.  The government tolerated non-Islamic religious education in private settings, such as at home or in approved churches.  All church-associated schools were recognized by the MOE and remained open to students of any religion, although they were not permitted to offer religious instruction other than for Shafi’i Islam.

Throughout the year, the government enforced business hour restrictions requiring all businesses to close for the two hours of Friday prayers.  Religious enforcement officers continued to enforce a ban on restaurants serving dine-in food during the fasting hours of Ramadan and issued verbal warnings to those found in breach of the ban.  In May an article in Borneo Bulletin, citing the SPC, advised local eateries not to serve dine-in customers during daylight hours and cautioned the public not to eat, drink, or smoke in public places during daylight hours throughout Ramadan.  During Ramadan, a picture of government officials entering a restaurant and reportedly issuing a verbal warning for serving dine-in food during fasting hours went viral on social media platforms WhatsApp and Reddit.  In March the owner of a prominent restaurant was fined 825 BND ($610) for violating halal regulations by having alcohol and nonhalal meat products on his premises.  The government continued to enforce a ban on eating, drinking, or smoking in public during the fasting hours of Ramadan, which was applied to both Muslims and non-Muslims.

Authorities reportedly stepped up enforcement of anti-alcohol laws.  Law enforcement agencies raided two hotels and several private parties for serving alcohol illegally.  The government maintained a long-standing ban on the sale of alcoholic beverages and cigarettes, and a restriction against the import or consumption of alcoholic beverages by Muslims.  In March border enforcement agencies began more rigorous enforcement and increased the frequency of border inspections, specifically seeking out those with alcohol or cigarettes.  Religious authorities allowed nonhalal restaurants and nonhalal sections in supermarkets to operate without interference but continued to hold public outreach sessions to encourage restaurants to become halal.

The government offered incentives to prospective converts to Islam and the Shafi’i school, especially those from indigenous communities in rural areas, including help with housing, welfare assistance, or help to perform the Hajj.  During the year, Hajj participants received designer luggage from the government.  The government gave presentations on the benefits of converting to Islam that received extensive press coverage in state-influenced media.  According to government statistics, approximately 500 individuals converted to Islam during the year, similar to previous years.  Converts included citizens and permanent residents, as well as foreigners.  Official government policy supported Islam through the national MIB philosophy as well as through government pledges to make the country a zikir nation (a nation that remembers and obeys Allah).

Despite the absence of a legal prohibition of Muslims marrying non-Muslims, all Muslim weddings required approval from the sharia courts, and officiants, who were required to be imams approved by the government, required the non-Muslim party to convert prior to the marriage.

Most government meetings and ceremonies commenced with an Islamic prayer, which the government continued to state was not a legal requirement but a matter of custom.

The government required residents to carry identity cards that stated the bearer’s ethnicity, which were used in part to determine whether he or she was Muslim; for example, all ethnic Malays, including those traveling in the country, were assumed to be Muslim.  Malays were required to follow certain Islamic religious practices or potentially face fines, arrest, and imprisonment.  Religious authorities reportedly checked identity cards for ethnicity when conducting raids against suspected violators of sharia.  Visitors to the country were asked to identify their religion on their visa applications.

Speaking at the closing of the Legislative Council session in March, the minister of religious affairs stated, “If asked by anyone where the democracy of Brunei’s MIB is, answer assertively that our democracy is based on the teachings of Islam.  We will not export Brunei’s democracy, as it is a democracy that fits the land.”

In June As-Syahadah Muallaf Youth, a government-associated youth group, hosted a first of its kind multifaith iftar and invited non-Muslims to the event at one of the country’s biggest mosques.  Muhammad Yusri Hj Abdul Majid, one of the event organizers, stated the group hosted the iftar to foster understanding between Muslims and non-Muslim communities.  Following the occasion, local press reported MORA intended to make the multifaith iftar an annual event.

Section III. Status of Societal Respect for Religious Freedom

Non-Muslims and Muslims faced social pressure to conform to Islamic guidelines regarding behavior.  Male members of the Islamic community reportedly felt pressure from family and friends to attend Friday prayers despite not having strong religious beliefs.  Members of the LGBTI community expressed fears about openly expressing their sexuality as they thought it would bring shame on their families who were religious.

In discussion of religion and religious freedom on social media outlets such as Facebook and Reddit, Muslims and non-Muslims posted comments questioning the relevance of the MIB national philosophy, and some commenters called for religion to play no part in government policy.  Others called for increased Islamification and increased restrictions on non-Muslims.  Residents who questioned the SPC or Islamic values on social media sometimes reported receiving online abuse and threats and official monitoring.  Some vocal activists who challenged established norms reported family and friends would pressure them to keep quiet due to fear they would attract the attention of authorities or damage the family’s reputation.

Some Muslims who wished to convert to another religion reportedly continued to fear social retribution, such as ostracism by friends, family, and their community.  If parents converted to Islam, there was often family and official pressure for the children to do the same.  Some non-Muslims said they felt pressured in the workplace or in social groups to convert to Islam.

In March an imitation grenade found in the parking lot of the Sharia Court building in the capital city prompted a security alert.

Section IV. U.S. Government Policy and Engagement

Throughout the year, the Ambassador, other embassy officers, and visiting U.S. government officials regularly engaged with the government regarding the content and implementation of the SPC, ratification of UNCAT, and protection of minority rights.

In June the Acting Assistant Secretary of State for East Asian and Pacific Affairs met with Dato Erywan, Minister of Foreign Affairs II, in Washington and encouraged Brunei to ratify UNCAT and avoid some of the more severe punishments proscribed under the SPC.  During the meeting, the Acting Assistant Secretary discussed the implementation of sharia and encouraged the government to ensure implementation was in compliance with UNCAT.  The meeting also included discussion of the controversy within the international community that further implementation of the SPC would cause.

In November Department of State officials reinforced these points in meetings with  senior officials from the AGC and discussed the SPC, preparations for implementation of SPC phases two and three, and likely international reactions to SPC phases two and three.

In October the Charge d’Affaires, along with other members of the diplomatic community, met with Apostolic Delegate to Brunei Archbishop Joseph Marino, who discussed the SPC and its impact on religions other than Islam.

U.S. officials continued to coordinate with other governments, including Australia and the United Kingdom, regarding shared concerns about implementation of the SPC and continued to encourage the government to postpone implementation.  U.S. embassy officials emphasized the seriousness with which the United States takes assurances from the government that the evidentiary and witness standards in the SPC would, as a matter of procedure and policy, be so exacting as to effectively guarantee that torture or other cruel, inhuman, or degrading treatment or punishment will not be carried out in practice.  The Ambassador and other embassy officials also continued to raise concerns that a confession could be used in lieu of evidence, and that those accused could be coerced by social pressure to confess.  Embassy officials urged religious enforcement officers and officials involved in implementation and enforcement of the SPC to comply with international human rights norms.  Senior government officials continued to emphasize the uniqueness of the country’s sharia and the near-impossibility of meeting SPC evidentiary standards required for the harshest punishments.

The Ambassador and the Charge d’Affaires frequently met during the year with government and religious leaders to discuss the concerns of religious minorities regarding the implications of the SPC for the non-Muslim community and the limitations placed on open practice of other religions.

Embassy officials visited places of worship, spoke with leaders of all principal religious groups, and facilitated discussions on the SPC and laws and policies affecting religious freedom in the country, including obstacles to practicing religions and beliefs other than Shafi’i Islam in addition to provisions of sharia.

Burma

Executive Summary

The constitution guarantees every citizen “the right to freely profess and practice religion subject to public order, morality or health and to the other provisions of this Constitution.”  The law prohibits speech or acts insulting or defaming any religion or religious beliefs; authorities used these laws to limit freedom of expression and press.  Local and international experts said deeply woven prejudices led to abuses and discrimination against religious minorities by government and societal actors.  It was sometimes difficult to categorize incidents as based solely on religious identity due to the close linkage between religion and ethnicity in the country.  Violence, discrimination, and harassment against ethnic Rohingya in Rakhine State, who are nearly all Muslim, and other minority populations continued.  Following the ethnic cleansing against the Rohingya that took place in 2017 and resulted in the displacement of more than 700,000 refugees to Bangladesh, Rohingya who remained in Burma continued to face an environment of particularly severe repression and restrictions on freedom of movement and access to education, healthcare, and livelihoods based on their ethnicity, religion, and citizenship status, according to the United Nations and nongovernmental organizations (NGOs).  In March the UN special rapporteur for human rights in Myanmar reported that the government appeared to be using starvation tactics against remaining Rohingya.  On September 17, the UN Fact-Finding Mission, established by the UN Human Rights Council, published its final report on the country, which detailed atrocities committed by the military in Rakhine, Kachin, and Shan States, as well as other areas, and characterized the “genocidal intent” of the military’s 2017 operations in Rakhine State.  The government denied the Fact-Finding Mission permission to enter the country and publicly disavowed the report.  Some government and military officials used anti-Rohingya and anti-Muslim rumors and hate speech circulating on social media in formal meetings, public speeches, and other official settings.  Public remarks by the minister of religious affairs in November were widely understood to denigrate Muslims.  Christians in Kachin State, according to media and NGO reports, stated the military was carrying out a campaign to eliminate them similar to the situation in Rakhine State.  In other areas, non-Buddhist minorities, including Christians, Hindus, and Muslims, reported incidents in which authorities unduly restricted religious practice, denied freedom of movement to members of religious minorities, closed places of worship, denied or failed to approve permits for religious buildings and repairs, and discriminated in employment and housing.  The military’s selective denial of humanitarian access in some conflict areas, including Kachin, Chin, and Rakhine States, led to severe hardship on religious minorities and others and intercommunal tensions, according to NGOs.  Among Rohingya who fled the country during the year, some cited ongoing abuses in Rakhine State, while others reportedly fled due to government pressure to participate in a citizenship verification campaign, which they stated they did not trust.  NGOs and religious groups said local authorities in some cases worked to reduce religious tension and improve relations between communities.

In the Wa Self-Administered Division, where the government has no administrative control, United Wa State Army (UWSA) authorities detained Christian leaders, destroyed churches, and otherwise interfered with Christian religious practice, according to media reports and the UWSA spokesperson.

Some leaders and members of Buddha Dhamma Parahita Foundation, better known by its former name Ma Ba Tha, continued to issue pejorative statements against Muslims.  In May the State Sangha Maha Nayaka Committee (SSMNC), an independent but government-supported body that oversees Buddhist affairs, reiterated its 2017 order that no group or individual was allowed to operate under the banner of Ma Ba Tha.  In spite of the order, many local Ma Ba Tha branches continued to operate with that name.  The SSMNC’s 2017 ban on public speaking by the monk Wirathu, a self-described nationalist, expired in March.  He appeared at a large promilitary rally in Rangoon in October, at which he made anti-Muslim statements.  Other Ma Ba Tha leaders continued propagating anti-Muslim sentiment in sermons and through social media.  Anti-Muslim and anti-Rohingya hate speech was prevalent on social media.  Facebook removed pages belonging to Wirathu and a number of senior military leaders and military-affiliated groups for propagating hate speech, including anti-Muslim rhetoric.  Religious and civil society leaders continued to organize intrafaith and interfaith events and developed mechanisms to monitor and counter hate speech.

Senior U.S. government officials, including the Vice President, Secretary of State, Ambassador to the United Nations, USAID Administrator, Ambassador to Burma, and Ambassador at Large for International Religious Freedom advocated for religious freedom and tolerance and consistently raised concerns about discrimination against religious minorities, the treatment of Rohingya and conditions in Rakhine State, and the prevalence of anti-Muslim hate speech and religious tension.  In November the Vice President said, “The violence and persecution by military and vigilantes that resulted in driving 700,000 Rohingya to Bangladesh is without excuse” and asked State Counsellor Aung San Suu Kyi about the country’s progress in holding accountable those who were responsible.  In July at the Ministerial to Advance Religious Freedom in Washington, the USAID Administrator stated, “The Rohingya were victimized by nothing less than ethnic cleansing:  extrajudicial killings, rapes, tortures, beatings, arbitrary arrests, displacement, destruction of property – all driven by intolerance and sectarian hatred.”  The United States has sanctioned five generals and two military units for human rights violations against ethnic and religious minorities.  Embassy representatives, including the Ambassador, frequently met with Buddhist, Muslim, Christian, Jewish, and Hindu leaders, including ethnic minority religious leaders, to highlight concerns about religiously based discrimination and abuses and called for respect for religious freedom and the values of diversity and tolerance in statements and other public messaging.

Since 1999, Burma has been designated a “Country of Particular Concern” (CPC) under the International Religious Freedom Act of 1998 for having engaged in or tolerated particularly severe violations of religious freedom.  On November 28, 2018, the Secretary of State redesignated Burma as a CPC and identified the following sanction that accompanied the designation:  the existing ongoing arms embargo referenced in 22 CFR 126.1(a) pursuant to section 402(c)(5) of the Act.

Section I. Religious Demography

The U.S. government estimates the total population at 55.6 million (July 2018 estimate).  According to the most recently available estimates, approximately 88 percent are Theravada Buddhists.  Approximately 6 percent are Christians (primarily Baptists, Roman Catholics, and Anglicans, along with several small Protestant denominations).  Muslims (mostly Sunni) comprise approximately 4 percent of the population.  The 2014 Census reportedly excluded the Rohingya from its count, but NGOs and the government estimated the overwhelmingly Sunni Muslim Rohingya population at 1.1 million prior to the outbreak of violence and initial exodus of Rohingya into Bangladesh in October 2016.  According to current estimates from the UN High Commissioner for Refugees and other organizations, more than 700,000 Rohingya fled to Bangladesh beginning in August 2017, and an estimated 520,000 to 600,000 remain in Rakhine State.  There are small communities of Hindus and practitioners of traditional Chinese and indigenous religions.  There is a very small Jewish community in Rangoon.

There is significant demographic correlation between ethnicity and religion.  Theravada Buddhism is the dominant religion among the majority Bamar ethnic group and among the Shan, Rakhine, Mon, and numerous other ethnic groups.  Various forms of Christianity are dominant among the Kachin, Chin, and Naga ethnic groups.  Christianity also is practiced widely among the Karen and Karenni ethnic groups, although many Karen and Karenni are Buddhist and some Karen are Muslim.  People of South Asian ancestry, who are concentrated in major cities and in the south central region, are predominantly Hindu or Muslim, although some are Christian.  Ethnic Rohingya and Kaman in Rakhine State, as well as some Bamar and ethnic Indians in Rangoon, Ayeyarwaddy, Magway, and Mandalay Divisions, practice Islam.  Chinese ethnic minorities generally practice traditional Chinese religions and to a lesser extent Islam and Christianity.  Some smaller ethnic groups in the highland regions observe traditional indigenous beliefs.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states that every citizen is equally entitled to freedom of conscience and the right to freely profess and practice his or her religious beliefs.  The constitution limits those rights if they threaten public order, health, morality, or other provisions of the constitution.  It further provides to every citizen the right to profess and practice his or her religion if not contrary to laws on security, law and order, community peace, or public order and morality.

The law prohibits deliberate and malicious speech or acts intended to outrage or wound the religious feelings of any class by insulting or defaming its religion or religious beliefs.  The law also prohibits injuring, defiling, or trespassing on any place of worship or burial grounds with the intent to insult religion.

All organizations, whether secular or religious, must register with the government to obtain official status.  This official status is required for organizations to gain title to land, obtain construction permits, and conduct religious activities.

The law bars members of “religious orders” (such as priests, monks, and nuns of any religious group) from running for public office, and the constitution bars members of religious orders from voting.  The government restricts by law the political activities and expression of the Buddhist clergy (sangha).  The constitution forbids “the abuse of religion for political purposes.”

Although there is no official state religion, the constitution notes that the government “recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the Union.”  The constitution “also recognizes Christianity, Islam, Hinduism, and Animism as the religions existing in the Union at the day of the coming into operation of this Constitution.”

The government bans any organization of Buddhist monks other than the nine state-recognized monastic orders.  Violations of this ban are punishable by immediate public defrocking and criminal penalties.  The nine recognized orders submit to the authority of the SSMNC, the members of which are elected by monks.

The Ministry of Religious Affairs’ Department for the Perpetuation and Propagation of the Sasana (Buddhist teaching) oversees the government’s relations with Buddhist monks and schools.

Four laws passed in 2015 for the “protection of race and religion” remain in effect.  The Buddhist Women Special Marriage law stipulates notification and registration requirements for marriages between non-Buddhist men and Buddhist women, obligations that non-Buddhist husbands must observe, and penalties for noncompliance.  The Religious Conversion law regulates conversion through an extensive application and approval process.  The Population Control Law allows for the designation of special zones where population control measures may be applied, including authorizing local authorities to implement three-year birth spacing.  The Monogamy Law bans polygamous practices, which the country’s penal code already criminalized.

The country is not a party to the International Covenant on Civil and Political Rights.

Government Practices

Investigations of the 2017 ethnic cleansing in northern Rakhine State released during the year, including the UN Fact-Finding Mission’s final report, corroborated earlier accounts of a systematic abuses and a campaign against Rohingya civilians that involved extrajudicial killings, rape, and torture.  On September 17, the UN Fact-Finding Mission, established by the UN Human Rights Council, published its final report on the country, which detailed atrocities committed by the military in Rakhine, Kachin, and Shan States, as well as other areas, and characterized the “genocidal intent” of the military’s 2017 operations in Rakhine State.  The government denied the Fact-Finding Mission permission to enter the country and publicly disavowed the report.  The report also found the actions of the military in both Kachin (mostly Christian) and Shan States (mostly Buddhist) since 2011 amounted to war crimes and crimes against humanity.

The government established an independent Commission of Enquiry to investigate the 2017 violence in Rakhine State.  It is comprised of two international and two Burmese members, and chaired by Rosario Manalo, a former diplomat from the Philippines.  The commission did not make public any findings by year’s end.  Multiple government-led investigations into earlier reported abuses by security forces culminated in denials that abuses occurred and did not result in accountability.

In January Amnesty International (AI) reported three incidents of the military abducting Rohingya girls or young women.  One such instance occurred in January in Hpoe Khaung Chaung village, Buthidaung Township:  soldiers searched a house, held a man at gunpoint, and abducted a 15-year-old girl; the family has not seen the girl since.  AI also reported that security forces strip-searched Rohyingya women fleeing the country and robbed both women and men.

Two Reuters reporters, detained by the government in December 2017 and charged under the Official Secrets Act related to their investigation of security forces’ activities in northern Rakhine State, remained incarcerated throughout their trial and were sentenced on September 3 to seven years in prison.  Independent observers said the trial lacked due process.

UN Special Rapporteur for Human Rights in Myanmar Yanghee Lee told the Human Rights Council in March that the government appeared to be using a policy of starvation in Rakhine State to force out the remaining Rohingya.  The country’s envoy to the council denied the charge and called for Lee’s dismissal.

In March AI reported increased “land grabs” and razing of formerly Rohingya villages by authorities in Rakhine State.  AI stated that the military and police built roads and structures over burned Rohingya villages and land, making it even less likely for refugees to return to their homes and “erasing evidence of crimes against humanity.”  According to satellite imagery, the military and police built at least three new security bases in northern Rakhine State.  Reportedly, some Rohingya who were living near the new construction fled to Bangladesh in fear.

In February AI reported military forces in Rakhine had denied Rohingya access to their rice fields in November and December 2017, a denial that amounted to forced starvation, and that many Rohingya fled to Bangladesh on account of the food shortages.  The Chin Human Rights Organization (CHRO) reported that military forces imposed limits on how much rice displaced villagers in Rakhine could purchase per month, causing shortages.

An additional 13,764 Rohingya fled to Bangladesh between January and September.  The government prepared facilities to begin receiving some 2,000 of the 700,000 Rohingya who fled to Bangladesh in 2017.  In November amid efforts by the governments of Burma and Bangladesh to initiate returns, Rohingya refused to return, often saying they would be subject to human rights abuses if they returned without a guarantee of citizenship.  Bangladesh authorities said they would not force them to go back, and no one chose to return.

Several NGOs reported approximately 120,000 Rohingya remained confined to camps since violence in 2012.

In May Hla Phyu was arrested and convicted of false representation after attempting to leave an internally displaced persons (IDP) camp in Rakhine State, where she had been living since her displacement during violence in 2012, and travel to Rangoon.  The 23-year-old teacher, who is Muslim, had previously applied for official permission to travel without success, and eventually traveled without receiving permission.  A court sentenced her to a year in prison with hard labor.

The government continued to tightly restrict outside access, including UN and NGO humanitarian aid and media, to northern Rakhine State and portions of Kachin State during the year.  Reportedly, the military selectively permitted humanitarian access to IDPs in some conflict areas – granting access to local relief organizations associated with certain religious denominations while denying access to organizations associated with other religious denominations, which created intercommunal tension.  In August the human rights group Fortify Rights reported that the government’s travel-authorization process for aid groups in Burma effectively acted as a restriction on aid and humanitarian access to displaced populations in violation of international humanitarian law.  Authorities suspended humanitarian access to northern Rakhine State entirely in August 2017; during 2018, the Red Cross Movement, World Food Program, and several other organizations regained some degree of access.  According to Fortify Rights, from June 2017 to June 2018, authorities unconditionally approved only approximately 5 percent of 562 applications submitted by international humanitarian agencies seeking “travel authorization” to assist displaced communities in government-controlled areas of Kachin State.  On May 21, the government’s minister of security and border affairs for Kachin State sent a letter to the Kachin Baptist Convention – one of the largest providers of aid to displaced communities in Kachin Independence Army (KIA)-controlled areas – saying the group would be prosecuted for illegally delivering aid in areas under KIA control.

Sources stated that authorities singled out Rohingya in northern Rakhine State to perform forced labor and arbitrarily arrested them.  Authorities imposed restrictions that impeded the ability of Rohingya to construct houses or religious buildings.

Authorities in northern Rakhine reportedly prohibited Rohingya from gathering publicly in groups of more than five persons.

Fighting between the government and ethnic armed groups that restarted in Kachin and northern Shan States in 2011 continued.  UN Special Rapporteur Lee reported that in March the military started new ground offensives in Kachin State using heavy artillery.  The UN estimated that 107,000 persons remained displaced by conflict in Kachin and northern Shan States, where there are many Christians as well as other religious groups.  Christians in Kachin State, according to media and NGO reports, stated the military was carrying out a campaign to eliminate them similar to the situation in Rakhine State.  It was often difficult to categorize specific incidents as based solely on religious identity due to the close linkage between religion and ethnicity in the country.

The Kachin Independence Organization (KIO) reported that thousands of Kachin fled the military, including residents of more than 50 villages as of June.  The KIO stated the military destroyed or damaged more than 400 villages, 300 churches, and 100 schools in Kachin State since 2011.  In August, at the Southeast Asia Freedom of Religion or Belief Conference in Bangkok, Thailand, several NGOs reported that government security forces encouraged the construction of Buddhist monasteries and temples in areas where they built new bases.  Minority religious communities said they perceived this effort to be part of a process of “Burmanization.”

According to a CHRO September report, the Chin people continued to face “institutionalized barriers to religious freedom.”  According to the report, the barriers usually involved local authorities blocking the ownership of land for Christian worship.  Christians have also faced mob violence by local communities, often “supported and even organized by local authorities and Buddhist-monks.”  The CHRO report said there were cases where police failed to investigate or hold perpetrators to account.

In Rakhine State, according to the UN and media reports, the government and security forces continued to restrict the movement of various ethnic and religious groups, particularly members of the Rohingya community.  Restrictions governing the travel of persons whom the government considers foreigners, including both Muslim and Hindu Rohingya, some other Hindus living in Rakhine State, and others between townships in northern Rakhine State, varied depending on the township, usually requiring submission of an immigration form.  The traveler could obtain this form only from the township of origin’s Immigration and National Registration Department and only if that person provided an original copy of a family list, temporary registration card, and two guarantors.  The form typically authorized travel for two to four weeks.  Authorities granted Muslims located outside of Rakhine State more freedom to travel, but they still faced restrictions on travel into and out of Rakhine State, and reportedly feared authorities would not allow them to leave Rakhine if they were to visit the state.

Such restrictions seriously impeded the ability of Rohingya to pursue livelihoods, access markets, hospitals, and other services, and engage other communities.  Sources stated that individuals stereotyped by security forces as appearing to be Muslim received additional scrutiny on movements in the region, regardless of their actual religion.  Obtaining these travel permits often involved extortion and bribes.

According to various religious organizations and NGOs, the process to register an NGO, whether religious in nature or not, remained lengthy and often went uncompleted due largely to bureaucratic inefficiency in local governments.  Organizations noted that lack of registration did not generally hinder the ability of groups and individuals to conduct religious activities, except in a few cases, although being unregistered left organizations vulnerable to harassment or closure by the government.

Religious groups throughout the country, including Buddhists, Christians, Hindus, and especially Muslims, reported difficulties and delays that could last for years in getting permits to allow construction of and repairs to religious buildings.  Buddhists, however, said getting such permission was harder for other groups.  Religious groups said the multiple permissions, unclear authority among government agencies, and interminable delays in responses to requests for permits led them to construct places of worship without the required permissions, leaving them vulnerable to future government action or to pressure by members of other religious groups.  Others said it was necessary to bribe authorities to obtain permits.

In areas with few or no mosques, Muslims often conducted prayer services and other religious practices, such as teaching, in private homes.  The Ministry of Religious and Cultural Affairs issued an order in June that restricted non-Buddhist religious teachings to government-approved religious buildings and prohibited prayer services and religious teaching in private homes.  The order also required that teaching materials, with an implicit focus on Islamic materials printed in Arabic, be in the Burmese language and submitted to the ministry in advance.  The General Administration Department, which has a significant leading role in all subnational administration aspects of daily life, issued notices in Yangon and Sagaing Divisions requiring compliance with the ministry’s order.  Authorities in Mandalay Division continued to enforce similar restrictions.

Local authorities closed 12 mosques and religious schools in Ayeyarwady, Mandalay, and Sagaing Divisions as well as in Shan State during the year, according to the Burman Human Rights Network (BHRN).  A 2017 ban on prayers in eight Islamic schools in Thakayta Township in Yangon Division and the closure of two remained in force.  Authorities prevented 14 mosques and religious schools in Yangon and Mandalay Divisions from operating in 2017 and they remained shuttered.  Human rights and Muslim groups reported that historic mosques in Meiktila in Mandalay Division, Hpa-An in Karen State, and other areas continued to deteriorate in part because authorities denied permits to perform routine maintenance.

Muslims in Mandalay Division reported continued obstacles to rebuilding mosques after anti-Muslim violence in 2014.  Authorities ordered that mosques be shut down after the 2013 anti-Muslim riots in Meiktila, and they remained closed, in addition to mosques in Bago and Mandalay Divisions.

According to a CHRO September report, Christian communities in Chin State reported applications to local authorities for property registration, construction, and renovation encountered delays spanning several years, or the applications were lost altogether.

The CHRO reported local authorities in Chin State continued to delay applications from Christian groups and churches to buy land in the name of their religious organizations.  Local authorities in Chin State also blocked Christian groups and churches from buying land in the name of their religious organizations for the purpose of worship.  Religious groups said individual members circumvented this requirement by purchasing land in their own names on behalf of the group, a practice the government tolerated.

In January, according to the CHRO, township administrators banned Christians from building a house for the local pastor in Magway Division and from worshipping in a residential house.  As of September local authorities had not responded to a March request to use the house as a church, according to the CHRO.  Christian and Muslim groups seeking to build small places of worship on side streets or other inconspicuous locations continued to be able to do so only with approval from local authorities, according to religious groups.

Sources stated that the government increased restrictions on both secular and religious civil society organizations holding public events in hotels and other venues, imposing new requirements for advance notice of events and participants, and civil society organizations sometimes turned to churches and other religious institutions in light of restrictions on the use of other venues.  Many religious and civil society organizations said they preferred to receive written authorization from ward, township, and other local authorities before holding events to avoid last-minute cancellations.

The government continued to give financial support to Buddhist seminaries and Buddhist missionary activities.  The government continued to fund two state sangha universities in Yangon and Mandalay that trained Buddhist monks under the purview of the SSMNC, as well as the International Theravada Buddhist Missionary University in Yangon.  According to religious organizations, the Ministry of Religious Affairs financially supported the SSMNC and religious ceremonies.

Teachers at many government schools reportedly continued to require students to recite Buddhist prayers, although such practices were no longer a mandated part of the curriculum.  Many classrooms displayed Buddhist altars or other Buddhist iconography.

Several Christian theological seminaries and Bible schools continued to operate, along with several madrassahs, in Rangoon, Sagaing, and elsewhere.

Due to movement restrictions, many Rohingya could not access education in state-run schools, although observers reported some increased access during the year.  Authorities generally did not permit Rohingya high school graduates from Rakhine State and others living in IDP camps to travel outside the state to attend college or university.  Authorities continued to bar any university students who did not possess citizenship cards from graduating, which disproportionately affected students from religious minorities, particularly Muslim students.  These students were allowed to attend classes and take examinations, but could not receive diplomas unless they had a citizenship card, the application for which required some religious minorities to identify as a “foreign” ethnic minority.

According to one human rights organization, schools sometimes submitted citizenship applications on behalf of non-Muslim students while denying the same privilege to Muslim students.  Muslim students, after submitting the applications, sometimes had to pay bribes to immigration officials to obtain documentation.  According to BHRN, instructors reportedly made anti-Muslim comments in university classrooms and Muslim students typically were not permitted to join institutes for professional studies.  One human rights group documented the teaching of racist and anti-Muslim tenets in schools throughout the country.

Muslims said government authorities denied them permission to slaughter cows during the Eid al-Adha festival that marks the end of Ramadan.  Media and religious sources said local authorities in some villages restricted the licensing of and butchering of cattle by slaughterhouses, the vast majority owned by Muslims.  These restrictions negatively affected business operations and the ability of Muslim communities to celebrate Islamic holidays.

Sources stated that authorities generally did not enforce four laws passed in 2015 for the “protection of race and religion.”

A 2005 local order in Maungdaw Township in northern Rakhine State continued in effect, requiring residents, predominately Rohingya, to obtain local authorization to marry.  In addition, some Rohingya sources expressed concern about the two-child policy for Rohingya families, referring to a 2005 local order promulgated in northern Rakhine State and sporadically enforced.

Rohingya remained unable to obtain employment in any civil service positions.

Buddhists continued to make up nearly all senior officials within the military and civil service.  Applications for civil service and military positions required the applicant to list his or her religion.  According to one human rights organization, applications by Muslims for government jobs were largely rejected.

Buddhists continued to make up the vast majority of parliamentarians.  There were no Muslim members of parliament, and neither the ruling NLD nor the main opposition party ran any Muslim candidates during nationwide elections in 2015 or by-elections in 2017 and 2018.  Second Vice President Henry Van Thio, a Chin Christian, continued to serve in his position, and the speakers of the upper and lower houses of parliament were Christian.

Authorities required citizens and permanent residents to carry government-issued identification cards that permitted holders to access services and prove citizenship.  These identification cards usually indicated religious affiliation and ethnicity.  The government also required citizens to indicate their religion on certain official applications for documents such as passports, although passports themselves do not indicate the bearer’s religion.  Members of religious minorities, particularly Muslims, faced problems obtaining identification and citizenship cards.  According to Fox News, a local official said Christians in Karen State applied to the central government for identification cards identifying them as “Christians” but received cards identifying them as “Buddhist,” and officials refused to change the cards.  Some Muslims reported that they were required to indicate a “foreign” ethnicity if they self-identified as Muslim on applications for citizenship cards.

BHRN published a case study of Muslim migrant workers in Thailand who applied to Burmese immigration officials for a formal verification of their nationality, known as a Certificate of Identity (CI).  Respondents consistently reported that they had to provide more documentation than did other groups, or that authorities said, “We are not giving CIs to Muslims.”  BHRN’s case study found that twice as many Muslims were rejected as were accepted.

The government continued to call for Rohingya to participate in the government’s citizenship verification process and to apply for National Verification Cards (NVCs, the first step in the citizenship verification process).  Many Rohingya objected to the exercise, citing a fear of being identified as “Bengali,” fear of being designated a “naturalized” rather than “full citizen,” a lack of requisite change in their rights if they obtained the NVCs, and a general distrust towards the government.  The government said it no longer required all participants to identify as “Bengali” as a condition of participating in the process, although implementing officials reportedly continued to require participants to identify as “Bengali,” and those verified as a citizen reportedly had “Bengali” listed as their race on their citizenship scrutiny card.  Recipients of naturalized citizenship were ineligible to participate in some political activities and professions, although all citizens had the right to vote.  The government also pressured Rohingya to apply for NVCs, including by continuing a requirement to have an NVC in order to have a fishing permit.  Many Rohingya entering Bangladesh during the year cited the pressure campaign as a primary reason for leaving Burma.

State-controlled media frequently depicted military and government officials and their family members paying respect to Buddhist monks; offering donations at pagodas; officiating at ceremonies to open, improve, restore, or maintain pagodas; and organizing “people’s donations” of money, food, and uncompensated labor to build or refurbish Buddhist shrines nationwide.  The government published and distributed books on Buddhist religious instruction.

In November Minister of Religious and Cultural Affairs Aung Ko, speaking in nationally televised remarks at the funeral of a prominent Buddhist monk in Karen State, criticized “the followers of an extreme religion [who] take three of four wives and have families with 15 or 20 children.”  He added, “Devotees of other [non-Buddhist] religions will become the majority and we will be in danger of being taken over.”  His remarks were widely understood to refer to Muslims.

Sources stated that government officials circulated or advanced rumors and false information concerning Rohingya and other Muslims, including claims of a demographic takeover of Rakhine State by Muslims.  According to media reports, the military conducted a coordinated effort to spread anti-Muslim and anti-Rohingya sentiment through dummy Facebook accounts and other social media.  The military in August published a book purporting to give a historic account of the Rohingya in northern Rakhine that included images from other areas and conflicts and falsely claiming to show a Rohingya influx into the country from Bangladesh before and after World War II.  Government officials distributed the book at formal meetings.  Also in August, government officials circulated anti-Rohingya videos to UN and other officials, and a military-linked think tank publicized such material at an event in Rangoon in October.

In November the Yangon Division Rakhine Ethnic Affairs Ministry organized a speaker event in Rangoon called “Hidden Truths of the Western Frontier in Rakhine State,” at which the Rakhine ethnic affairs minister gave remarks in which he blamed the Rakhine crisis on “Bengalis,” a term used to refer to Rohingya that is considered pejorative.

The government officially recognized a number of interfaith groups, including the Interfaith Dialogue Group of Myanmar, which organized monthly meetings and sponsored several religious activities promoting peace and religious tolerance around the country throughout the year.  The group’s leadership included Buddhist, Muslim, Christian, and Hindu leaders, as well as leaders from other religious groups.

The government generally permitted foreign religious groups to operate in a manner similar to nonreligious foreign aid groups.  Local religious organizations were also able to send official invitations for visa purposes to clergy from faith-based groups overseas, and foreign religious visitors acquired either a tourist or business visa for entry.  Authorities generally permitted Rangoon-based groups to host international students and experts.

Abuses by Foreign Forces and Nonstate Actors

In September the UWSA, which controls the Wa Self-Administered Division in Shan State, detained approximately 200 Christian leaders, destroyed churches, and imposed severe limits on Christian worship, teaching, and proselytizing, according to media reports and the UWSA spokesperson.  The UWSA later released most of those it detained.  The government exerts no authority inside the Wa territory, which has been under UWSA control since 1988.

Section III. Status of Societal Respect for Religious Freedom

In May AI reported that the Arakan Rohingya Salvation Army was likely responsible for the killing of 45 Hindu villagers in Maungdaw Township on August 25, 2017, which the government previously had reported, but some civil society organizations had questioned.

The Chin Human Rights Organization reported the Arakan Army beat villagers and looted property in a village in Paletwa Township, Chin State, in May.

Local and international experts said deeply woven prejudices led to instances of abuse or discrimination against members of religious minorities by societal actors.  Many prominent military, civilian, and religious leaders continued to promote the idea that Burmese Buddhist culture was under assault by Islam and Muslims, who would come through the mountains of western Burma – northern Rakhine State where the Rohingya live – and overwhelm Buddhist areas of the country.

CHRO reported that in July a mob that included Buddhist monks attacked two Chin nursery school teachers in the house of a Christian pastor in Pade Kyaw Village, Ann District, Rakhine State.  Village monks previously said there would be a 50,000 kyat ($33) penalty per household if each household did not send a member to a meeting at which the monks urged participants to harass Christians attending a church service.  In August, according to CHRO, a mob attacked Pastor Tin Shwe of Good News Church in the same area of Rakhine State, and he was hospitalized.  In January the village tract administrator in Gangaw Township, Magway Division, along with two police officers and some local Buddhist monks, tried to expel a family who had converted to Christianity from the village.  Authorities reportedly failed to investigate or hold perpetrators accountable in these cases.

Despite the renewal during the year of the 2017 order by the SSMNC that no group or individual could operate under the banner of Ma Ba Tha, some branches of the group continued to use the name Ma Ba Tha, while others used the new name, Buddha Dhamma Parahita Foundation.  Many of the group’s leaders and members continued to make pejorative and hateful statements against Muslims in sermons and through social media.  In August Reuters found more than 1,000 examples of anti-Muslim hate speech on Burmese-language Facebook pages, including calls for “genocide,” comparisons to “pigs” and “dogs,” and widespread use of pejoratives to refer to Muslims.

In March the SSMNC’s ban expired on the influential self-defined nationalist Wirathu, a monk and the chairperson of the Ma Ba Tha branch in Mandalay, from delivering sermons across the country for one year.  The SSMNC imposed the ban due to what the SSMNC called religious hate speech against Muslims, which inflamed communal tensions.  In October Wirathu, who reportedly maintained strong ties to military and government officials, spoke at a large promilitary rally in Rangoon, mocking foreign sympathy for the Rohingya and making other anti-Rohingya and anti-Muslim remarks.  There were numerous previous reports of Wirathu making anti-Muslim remarks, such as praising the killers of the prominent Muslim lawyer Ko Ni in 2017.  In September Facebook removed pages belonging to Wirathu and a number of senior military leaders and military-affiliated groups for propagating hate speech, including anti-Muslim rhetoric.

Some observers said Ma Ba Tha received financial support from and otherwise coordinated with the military.

In March prominent writer Maung Thway Chuun gave a speech in Sagaing Division in which he criticized the speakers of the upper and lower houses of parliament for being Christian and said the country’s religious and ethnic identity was under threat.  Authorities arrested him in June on charges of inciting conflict between ethnic and religious groups, and in October a court sentenced him to two years in prison.  Some observers criticized his case as an infringement of freedom of expression.

There were continued reports of social stigma surrounding any assistance to or sympathy for the Rohingya community.  Some civil society leaders said that even among otherwise tolerant individuals, anti-Rohingya sentiment remained prevalent.  There were continued reports of general anti-Muslim prejudice, including social pressure not to rent housing to Muslims in some areas.

Some Buddhist and Muslim community leaders in Mandalay continued to collaborate to quell rumors and prevent violence through formal and informal community-centered mechanisms.

Religious and community leaders and civil society activists organized intrafaith and interfaith events, and some worked jointly to develop mechanisms to monitor and counter hate speech and to promote religious tolerance and diversity.  A coalition of interfaith civil society groups continued advocating for and consulting on draft legislation to counter hate speech, although parliament did not take up the legislation by year’s end.

In Mandalay Division, civil society and interfaith leaders held meetings and public events to promote peace and religious tolerance for community leaders and youth, as in previous years.  For example, an event in August drew dozens of community members to a day of activities around the theme of diversity and tolerance.  A number of interfaith groups continued mobilizing civil society around the country to promote religious tolerance.

On November 21-23, the Religions for Peace Advisory Forum on National Reconciliation and the Advancement of Peace in Myanmar convened in Nay Pyi Taw, bringing together voices from all major religions to advance an agenda of tolerance and respect.  State Counsellor Aung San Suu Kyi, the deputy commander-in-chief, and other senior government officials participated in the event.

Section IV. U.S. Government Policy and Engagement

Senior U.S. officials – including the Vice President, the Secretary of State, the Ambassador to the United Nations, the Ambassador to Burma, the Ambassador at Large for International Religious Freedom, and senior Department of State officials for East Asia and human rights – consistently raised ongoing U.S. concerns about religious freedom in the country with senior government and military leaders.  They specifically raised the plight of the mostly Muslim Rohingya in Rakhine State, hardships facing minority religious communities in Kachin and northern Shan States in the midst of ongoing military conflicts, and advocacy on social media of violence against religious minorities on social media.

On November 14, the Vice President stated, “The violence and persecution by military and vigilantes that resulted in driving 700,000 Rohingya to Bangladesh is without excuse” and asked State Counsellor Aung San Suu Kyi about the country’s progress in holding those accountable who were responsible.

In July at the Ministerial to Advance Religious Freedom, the USAID Administrator said, “As our State Department and other sources have judged, the Rohingya were victimized by nothing less than ethnic cleansing:  extrajudicial killings, rapes, tortures, beatings, arbitrary arrests, displacement, destruction of property – all driven by intolerance and sectarian hatred.”

After his visit to Bangladesh in April, the Ambassador at Large for International Religious Freedom stated that the Rohingya situation “is a humanitarian crisis perpetrated by the Burmese security forces, and by vigilantes often acting in concert with security forces …. The Burmese military and others responsible must be held accountable for these horrific acts.”

Senior officials, including the Ambassador at Large for International Religious Freedom, reiterated during the year the determination of former Secretary of State Tillerson that the military had committed ethnic cleansing against the Rohingya.  In December the Ambassador at Large said the Kachin and Karen were also being persecuted.  He noted that the United States had sanctioned five generals and two military units.

The U.S. government severely curtailed bilateral military-to-military relations, restricted visas for current and former military leaders, imposed additional targeted financial sanctions against military leaders and units involved in the 2017 ethnic cleansing in Rakhine State and human rights abuses in Kachin and Shan States, and pressed for full accountability for perpetrators of human rights violations.  The Department of State published a report documenting atrocities perpetrated against Rohingya since 2016, drawing on over a thousand interviews with refugees in Cox’s Bazar, Bangladesh.

U.S. government officials consistently called for sustainable solutions to the root causes of discrimination and violence in Rakhine State, including a voluntary and transparent path to provision of citizenship, freedom of movement and access to services for IDPs, and unhindered access for humanitarian actors and media in Rakhine and Kachin States.  Embassy officials also urged government and interfaith leaders to improve efforts to mitigate religiously motivated violence in Mandalay, Kachin, and elsewhere.

Embassy officials at all levels discussed the importance of addressing the effects of ethnoreligious violence and hate speech, including anti-Muslim rhetoric.  Embassy officials promoted religious freedom and tolerance in meetings with high-level government officials, including State Counsellor Aung San Suu Kyi, the deputy commander-in-chief, the national security advisor, and the ministers of foreign affairs, religious affairs, home affairs, ethnic affairs, immigration, population, and labor affairs, and social welfare, relief, and resettlement affairs.  Embassy officials also met with officials in the president’s office, the speaker of the lower house of parliament, parliamentarians, members of civil society, scholars, and representatives of other governments.

A Department of State Deputy Assistant Secretary for Population, Refugees, and Migration led a delegation in November that engaged government officials, civil society groups, and international organizations on the importance of enacting durable solutions that will allow the Rohingya and other minority populations to live in safety and dignity, with freedom of movement and worship.

Embassy officials traveled to ethnic minority-predominant areas to discuss religious freedom and tolerance with state and local government officials, NGOs, and members of community-based organizations and religious communities.  The Ambassador visited Rakhine, Kachin, Shan, Mon, and Karen States, areas where conflict or violence have affected religious minorities in recent years, as well as other areas that had suffered from and were identified as at risk of ethnoreligious conflict.  The multiple visits to Rakhine State by the Ambassador and other officials to assess the situation informed the embassy’s efforts and strategies in engaging the government and advocating for the rights of all communities in the state.

The embassy continued to call for respect for religious freedom, tolerance, and unity in its interactions with all sectors of society, and in its social media accounts.  At high-profile events, embassy representatives spoke out for religious freedom and against intercommunal conflict and hate speech.  Embassy representatives, including the Ambassador, repeatedly met with Buddhist, Muslim, Christian, Jewish, and Hindu leaders, including ethnic minority religious leaders, members of faculties of theology, and other religiously affiliated organizations – such as Ma Ba Tha and its successor organization – and NGOs to advocate for religious freedom and tolerance.  To advance religious tolerance, the embassy hosted celebrations of Buddhist, Christian, Muslim, and Jewish holidays, and in each case invited members of various faiths to join.  The embassy also shared multiple posts on Facebook about religious pluralism, tolerance, and shared identity in the United States.

The Ambassador gave feature interviews to local media and international media in which he discussed the need for accountability for the 2017 ethnic cleansing and improved conditions for the Rohingya and other minority groups.  The embassy regularly published statements highlighting concerns about religiously based tensions and anti-Muslim discrimination, as well as calling for respect for religious diversity, unity, and tolerance.

Public programs at embassy facilities in Rangoon and Mandalay offered a platform for community leaders, media, students, and others to discuss intercommunal tolerance, often featuring individuals from minority ethnic and religious communities.  The embassy hosted programs on digital and media literacy as a way to empower participants to reject online hate speech and the spread of rumors and other misinformation.  It also sponsored travel to the United States to receive media literacy training in methods of combating disinformation on social media, including combating the spread of hate speech.  As in prior years, the embassy worked with and supported numerous faith-based and civil society organizations working on programs promoting religious freedom and tolerance.

Since 1999, Burma has been designated as a “Country of Particular Concern” (CPC) under the International Religious Freedom Act of 1998 for having engaged in or tolerated particularly severe violations of religious freedom.  On November 28, 2018, the Secretary of State redesignated Burma as a CPC and identified the following sanction that accompanied the designation:  the existing ongoing arms embargo referenced in 22 CFR 126.1(a) pursuant to section 402(c)(5) of the Act.

Cambodia

Executive Summary

The constitution states Buddhism is the state religion, and it is promoted by the government through holiday observances, religious training, Buddhist instruction in public schools, and financial support to Buddhist institutions.  The law provides for freedom of belief and religious worship, provided such freedom neither interferes with others’ beliefs and religions nor violates public order and security.  The law does not allow non-Buddhist denominations to proselytize publicly.  The Extraordinary Chambers in the Courts of Cambodia sentenced former Khmer Rouge leaders Khieu Samphan and Noun Chea to life imprisonment for ethnic- and religious-based genocide against the ethnic Vietnamese and Cham populations during the Khmer Rouge era from 1975 to 1979.  The government refused to allow the Office of the UN High Commissioner for Refugees (UNHCR) to permanently accept a group of Christian Montagnards from Vietnam who came to the country to claim refugee status.  There were reports local authorities discriminated against ethnic minorities in the country, including the primarily animist Phnong, such as threatening not to provide public services or sign legal documents.

Villagers killed at least one person suspected of practicing sorcery due to his animist beliefs and practices.  There were continued reports of societal barriers to the integration of the predominantly Muslim Cham ethnic minority as well as Christians.

U.S. embassy officials discussed the importance of religious acceptance and diversity with government representatives, political party leaders, civil society organizations, and leaders of Buddhist, Christian, and Muslim groups.  U.S. embassy officials raised religious freedom and tolerance with Ministry of Cults and Religion (MCR) representatives and other government officials.  The Ambassador traveled to Mondulkiri in January to meet with an ethnic Phnong community, in the process promoting religious tolerance.

Section I. Religious Demography

The U.S. government estimates the total population at 16.4 million (July 2018 estimate).  According to the MCR, approximately 95 percent of the population is Buddhist, of whom 95 percent practice Theravada Buddhism.  The remaining 5 percent of the population includes Christians, Muslims, animists, Baha’is, Jews, and Cao Dai.  Ethnic Vietnamese traditionally practice Mahayana Buddhism, although many have adopted Theravada Buddhism.  Other ethnic Vietnamese practice Roman Catholicism, and these make up the vast majority of Catholics in the country.  Catholics constitute 0.4 percent of the population.  Nongovernmental estimates of the Protestant population, including evangelical Christians, vary but are less than 2 percent of the total population.

According to government estimates, approximately 2.1 percent of the population is Muslim, although some nongovernmental organizations estimate Muslims constitute 4 to 5 percent of the population.  The Muslim population is predominantly ethnic Cham, although not all Cham are Muslim.  The Cham typically live in towns and rural fishing villages on the banks of the Tonle Sap Lake and the Mekong River, as well as in Kampot Province.  There are four branches of Islam represented in the country:  the Shafi’i branch, practiced by as many as 90 percent of Muslims in the country; the Salafi (Wahhabi) branch; the indigenous Iman-San branch; and the Kadiani branch.

An estimated 0.28 percent of the population are ethnic Phnong, the majority of whom follow animistic religious practices.  An additional estimated 0.25 percent of the population includes Baha’is, Jews, and ethnic Vietnamese Cao Dai.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of belief and religious worship, as long as such freedom neither interferes with others’ beliefs and religions nor violates public order and security.  The constitution establishes Buddhism as the state religion and provides for state support of Buddhist education; it also prohibits discrimination based on religion.  The law requires that religious groups refrain from openly criticizing other religious groups, but it does not elaborate the legal consequences for those who violate this restriction.  The law also forbids religious organizations from organizing events, rallies, meetings, and training sessions that are politically focused.

The law requires all religious groups, including Buddhist groups, to register with the MCR.  The law mandates that groups must inform the government of the goals of their religious organization; describe its activities; provide biographical information for all religious leaders; describe funding sources; submit annual reports detailing all activities; and refrain from insulting other religious groups, fomenting disputes, or undermining national security.  Registration requires approvals from numerous local, provincial, and national government offices, a process that can take up to 90 days.  There are no penalties for failing to register, however.  Registered religious groups receive an income tax exemption from the Ministry of Economy and Finance.

The law bans non-Buddhist groups from door-to-door proselytizing and stipulates that non-Buddhist literature may be distributed only inside religious institutions.  The law also prohibits offers of money or materials to convince persons to convert.

The law requires separate registration of all places of worship and religious schools.  Unregistered places of worship and religious schools may be shut down temporarily until they are registered, although there were no reports of the MCR enforcing this.  The law also makes a legal distinction between “places of worship” and “offices of prayer.”  The establishment of a place of worship requires that the founders own the structure and the land on which it is located.  The facility must have a minimum capacity of 200 persons, and the permit application requires the support of at least 100 congregants.  An office of prayer may be located in a rented property and has no minimum capacity requirement.  The permit application for an office of prayer requires the support of at least 25 congregants.  Places of worship must be located at least two kilometers (1.2 miles) from each other and may not be used for political purposes or to house criminals or fugitives.  The distance requirement applies only to the construction of new places of worship and not to offices of religious organizations or offices of prayer.

Religious schools must be registered with the MCR and the Ministry of Education, Youth, and Sport (MOEYS).  The MOEYS advises religious schools to follow the ministry’s core curriculum, which does not include a religious component; however, schools may supplement the ministry’s core curriculum with Buddhist lessons.  The government requires public schools to coordinate with MOEYS when implementing supplemental Buddhist lessons.  Non-Buddhist students are allowed to opt out of this instruction.  The law does not allow non-Buddhist religious instruction in public schools.  Non-Buddhist religious instruction may be provided by private institutions.

The country is a party to the International Covenant on Civil and Political Rights.

Government Practices

In November the Extraordinary Chambers in the Courts of Cambodia, also known as the Khmer Rouge Tribunal, sentenced Nuon Chea and Khieu Samphan to life imprisonment related to charges of ethnic- and religious-based genocide against ethnic Vietnamese and the Cham population during the Khmer Rouge era from 1975 to 1979.

In February local authorities in Mondalkiri Province threatened to withhold public services or sign legal documents, including family registrations, land titles, and birth certificates, for ethnic Phnong, most of whom are animists, unless they pledged to vote for the ruling party in the July national election.

In January an ethnic Phnong community in Kratie Province accused local authorities and state soldiers of stealing more than 1,000 hectares (2,500 acres) of community land.  In February the Phnong ethnic minority in Mondulkiri Province submitted a petition with 792 signatures to the National Assembly requesting the government to dismiss Yung Sarom, Director of Rural Development in Mondulkiri Province.  They accused him of preventing the Phnong from celebrating their religious ceremony.  At year’s end, the National Assembly had not taken any action to investigate the charge against Yung Sarom.

The government refused to allow UNHCR to accept permanently a group of Christian Montagnards from Vietnam who came to the country to claim refugee status.  Of the estimated 200 Christian Montagnards who fled Vietnam and were in Cambodia in 2017, 29 remained in the country.  Two children were born to refugee families, bringing the total to 31.  The Phnom Penh Post newspaper reported an increase of police presence outside the residence of this group in March and April.  The government had said it would allow the 31 to move to a third country if UNHCR would speak to the Vietnamese government and obtain its approval.  UNHCR rejected the proposal, however, saying the Cambodian government should communicate with the Vietnamese government directly.

The government continued to promote Buddhist holidays by grants of official status and declarations of government holidays.  The government also provided Buddhist training and education to monks and laypersons in pagodas, and it gave financial support to an institute that performed research and published materials on Khmer culture and Buddhist traditions.  The government did not grant similar treatment to other religions or religious holidays.

In May Prime Minister Hun Sen and his wife Bun Rany Hun Sen hosted an iftar in Phnom Penh for more than 5,000 members of the Muslim community.  In his remarks, Hun Sen thanked the Muslim community for trusting his leadership and for their contribution to the maintenance of peace.  According to Arab News, Yousef bin Ahmed Al-Othaimeen, Secretary General of the Organization of Islamic Cooperation, sent a message saying the country was “a beacon of peace and tolerance” in Southeast Asia.  In August Deputy Prime Minister Sar Kheng attended the second Annual National Inter-Faith forum with an estimated 2,000 Catholics, Protestants, Buddhists, and Muslims to promote harmony among different religious followers.

Section III. Status of Societal Respect for Religious Freedom

In February villagers stabbed to death a 48-year-old farmer in Kampot Province who was accused of sorcery.  In past years, villagers or family members killed or threatened those who were suspected of practicing black magic.

There were reports from members of the Cham Muslim community of barriers to social integration.  Local media reported that some members of the majority Buddhist community continued to view the Cham and other minority ethnic groups with suspicion as purported practitioners of sorcery.

In October The Church of Jesus Christ of Latter-day Saints announced plans to construct a temple in Phnom Penh.

Section IV. U.S. Government Policy and Engagement

U.S. embassy officials regularly raised religious freedom and tolerance with MCR representatives and other government officials.

The embassy underscored the importance of acceptance of religious diversity with leaders of Buddhist, Christian, and Muslim groups, emphasizing the importance of interfaith tolerance in a democratic society.

Embassy programs specifically focused on the preservation of Cham heritage, including religious heritage, through reading and writing instruction in the Cham language, and included the preservation and study of religious artifacts from the ancient Kingdom of Champa.  The embassy also supported programs to preserve Buddhist sites.

The Ambassador traveled to Mondulkiri in January to meet with an ethnic Phnong community, in the process promoting religious tolerance, showing respect for minority culture, lessening the isolation of minority groups, and supporting ethnic minority integration into the wider culture.  Other high-level embassy officers conducted a similar outreach trip again in November.

Indonesia

Executive Summary

The constitution guarantees freedom of religion and the right to worship according to one’s own beliefs but states citizens must accept restrictions established by law to protect the rights of others and to satisfy “just demands based upon considerations of morality, religious values, security, and public order in a democratic society.”  In separate incidents, four persons received prison sentences ranging from 16 months to five years for violations of blasphemy laws.  In Medan, a court sentenced an ethnic Chinese woman to 18 months in prison after she complained about the loudspeaker volume of a neighborhood mosque.  In July the Constitutional Court dismissed a petition brought by members of the Ahmadi Muslim religious community to revoke the blasphemy law.  In Aceh, authorities continued to carry out public canings for sharia violations, such as selling alcohol, gambling, and extramarital affairs.  The governor issued a directive to end canings in public, over the strong objections of others in the government and society.  The directive remained in effect, but no districts enforced it, due in part to the arrest and detention of the governor.  Some local governments imposed local laws and regulations restricting religious freedom, such as local regulations banning Shia or Ahmadi Islamic practice.  Ahmadi Muslims again reported incidents of forced conversion and discrimination.  Media and human rights groups reported in December that Jakarta’s Prosecution Office launched a smartphone app called Smart Pakem allowing citizens to file heresy or blasphemy reports against groups with what the government considers unofficial or unorthodox religious practices.  Religious groups outside the six government-recognized religions (Catholicism, Protestantism, Hinduism, Buddhism, Confucianism, and Islam, the latter widely interpreted by the government and society to mean Sunni Islam), reported issues with identifying their religion on their national identification cards (KTPs), although a 2017 Constitutional Court ruling allows for such a listing.  There were again instances in which local governments and police acceded to the demands of groups, such as the Islam Defender’s Front (FPI), Islamic Community Forum (FUI), Islamic Jihad Front (FJI), and the Indonesian Mujahideen Council (MMI), called “intolerant groups” in the media, to close houses of worship for permit violations or otherwise restrict the rights of minority religious groups.  In September large protests erupted in Jambi, Sumatra, after officials there closed three Christian churches for not obtaining the appropriate permits.  Both the central and local governments included elected and appointed officials from minority religious groups, and elected politicians from religious minorities served in majority Muslim districts.  There was one Shia member of the national legislature.

In May a family of suicide bombers attacked three Christian churches in Surabaya within minutes of each other, killing 13 persons and injuring 40 others.  In February a man with a machete attacked a Catholic congregation in Yogyakarta and injured four persons, including the church priest.  Also in May a mob destroyed several houses and attempted to expel the Ahmadi community from a village in West Nusa Tenggara.  In March an unknown group vandalized a Catholic church in Sumatra.  Many prominent civil society representatives, including religious organizations from all faiths, worked to counter religious intolerance and promote pluralism and tolerance of minority religious groups.

The U.S. government advocated for religious freedom at the highest levels, with both government and civil society leaders, and spoke out publicly against discrimination and violence against minority religious communities.  The Department of State Coordinator for Counterterrorism visited Jakarta in September and met with local religious leaders to discuss ways to combat violence against religious groups in the country.  Embassy and consulate officials engaged government officials on specific issues, including actions against religious minorities; closures of places of worship and access for foreign religious organizations; convictions for blasphemy and defamation of religion; the importance of tolerance and rule of law; the application of sharia to non-Muslims; and religious identification requirements on national identification cards.  The U.S.-Indonesia Council on Religion and Pluralism – endorsed by both governments and comprising religious and civil society leaders, academics, and experts from both countries – met with visiting U.S. government officials to discuss religious freedom issues.  The embassy and consulates carried the message of respect for diversity and religious tolerance to tens of millions of people in the country through outreach efforts, including events, media interviews, social media initiatives, digital and public speaking engagements, youth exchanges, and educational programs.

Section I. Religious Demography

The U.S. government estimates the total population at 262.8 million (July 2018 estimate).  According to the 2010 census, approximately 87 percent of the population is Muslim, 7 percent Protestant, 3 percent Roman Catholic, and 1.5 percent Hindu.  Those identifying with other religious groups, including Buddhism, traditional indigenous religions, Confucianism, and other Christian denominations, and those who did not respond to the census question comprise approximately 1.3 percent of the population.

The Muslim population is overwhelmingly Sunni.  An estimated one to three million Muslims are Shia.  Many smaller Muslim groups exist; estimates put the total number of Ahmadi Muslims at 200,000 to 400,000.

Many religious groups incorporate elements of Islam, Hinduism, and Buddhism, making it difficult to disaggregate the exact number of followers.  An estimated 20 million people, primarily in Java, Kalimantan, and Papua, practice various traditional belief systems, often referred to collectively as aliran kepercayaan.  There are approximately 400 different aliran kepercayaan communities throughout the archipelago.

There is a Sikh population estimated at between 10,000 and 15,000, with approximately 5,000 in Medan and the rest in Jakarta.  There are very small Jewish communities in Jakarta, Manado, Jayapura, and elsewhere.  The Baha’i Faith and Falun Dafa (or Falun Gong) communities report thousands of members, but independent estimates are not available.  The number of atheists is also unknown, but the group Indonesian Atheists states it has more than 700 members.

The province of Bali is predominantly Hindu, and the provinces of Papua, West Papua, East Nusa Tenggara, and North Sulawesi are predominantly Christian.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution guarantees the right to practice the religion of one’s choice and specifies that freedom of religion is a human right that may not be limited.  The constitution states, “The nation is based upon belief in one supreme God,” but it guarantees all persons the right to worship according to their own religion or belief.  The law restricts citizens from exercising these rights in a way that impinges on the rights of others, oversteps common moral standards and religious values, or jeopardizes security or public order.

The Ministry of Religious Affairs (MRA) extends official recognition to six religious groups:  Islam, Catholicism, Protestantism, Buddhism, Hinduism, and Confucianism.  The government maintains a longstanding practice of recognizing Sunni Islam as the official version of Islam of local Muslims, although the constitution has no such stipulation.

The blasphemy articles in the criminal code prohibit deliberate public statements or activities that insult or defame any of the six official religious groups, or have the intent of preventing an individual from adhering to an official religion.  These articles also stipulate that in any case of defamation of the six officially recognized religions, the Ministry of Home Affairs (MOHA), the MRA, and the Attorney General’s Office must first warn the individual in question before bringing a defamation charge.  The articles also forbid the dissemination of information designed to spread hatred or dissension among individuals and/or certain community groups based on ethnicity, religion, or race.  Individuals may be subject to prosecution for blasphemous, atheistic, or heretical statements under either of these provisions or under the laws against defamation, and may face a maximum prison sentence of five years.  A separate law forbids the electronic dissemination of the same types of information, with violations carrying a maximum four-year sentence.

The government defines a religion as having a prophet, holy book, and deity, as well as international recognition.  The government deems the six officially recognized religions meet these requirements.  Organizations representing one of the six recognized religions listed in the blasphemy law are not required to obtain a legal charter if they are established under a notary act and obtain approval from the Ministry of Law and Human Rights.  Religious organizations other than the six recognized religions listed in the blasphemy law must obtain a legal charter as a civil society organization from the MOHA.  Both ministries consult with the MRA before granting legal status to religious organizations.  By law, all religious groups must officially register with the government.  The laws requires all civil society organizations to uphold the national ideology of Pancasila, which encompasses the principles of belief in one God, justice, unity, democracy, and social justice, and they are prohibited from committing blasphemous acts or spreading religious hatred.  Violations of the law may result in a loss of legal status, dissolution of the organization, and arrest of members under the blasphemy articles of the criminal code or other applicable laws.  Indigenous religious groups must register with the Ministry of Education and Culture as aliran kepercayaan to obtain official, legal status.

A joint ministerial decree bans both proselytizing by the Ahmadi Muslim community and vigilantism against the group.  Violations of the Ahmadi proselytizing ban carry a maximum five-year prison sentence on charges of blasphemy.

The government requires all officially registered religious groups to comply with directives from the MRA and other ministries on issues such as construction of houses of worship, foreign aid to domestic religious institutions, and propagation of religion.

According to a joint ministerial decree, religious groups may not hold services in private residences, and those seeking to build a house of worship are required to obtain the signatures of at least 90 members of the group and 60 persons of other religious groups in the community stating they support the construction.  Local governments are in charge of implementing the decree, and local regulations, implementation, and enforcement vary widely.  The decree also requires approval from the local interfaith council, the Religious Harmony Forum (FKUB).  Government-established FKUBs exist at the city or district level and comprise religious leaders from the six official groups.  They are responsible for mediating interreligious conflicts.

The law requires religious instruction in public schools.  Students have the right to request religious instruction in any one of the six official religions, but teachers are not always available to teach the requested religion classes.  Individuals may not opt out of religious education requirements.

Under the terms of a 2005 peace agreement that ended a separatist conflict, Aceh Province has unique authority to implement sharia regulations.  The law allows for provincial implementation and regulation of sharia and extends the jurisdiction of religious courts to economic transactions and criminal cases.  The Aceh government states sharia in Aceh only applies to Muslim residents of the province.  Some Aceh Sharia Agency officials, however, state that sharia applies to all Muslims in Aceh, regardless of their official residency.  Sharia does not apply to non-Muslims.

Aceh’s provincial sharia regulations criminalize consensual same-sex activity, adultery, gambling, consumption of alcohol, and proximity to members of the opposite sex outside of marriage for Muslim residents of the province.  An Aceh governor’s decree forbids women from working in or visiting restaurants unaccompanied by their spouse or a male relative after 9 p.m.  A Banda Aceh mayoral decree forbids women from working in coffee shops, internet cafes, or sports venues after 1 p.m.  Sharia regulations prohibit female Muslim residents of Aceh from wearing tight pants in public, and they must wear headscarves.  One district in Aceh prohibits women from sitting astride motorcycles when riding as passengers, but this reportedly is rarely enforced.  The maximum penalties for violations of sharia regulations include imprisonment and caning.  There are regulations limiting the amount of force that authorities may exert during a caning.

Many local governments outside of Aceh have enacted regulations based on religious considerations; most of these are in majority Muslim areas.  Many of these regulations relate to matters such as religious education and only apply to a specific religious group.  Some religiously inspired local regulations in effect apply to all citizens.  For instance, some local regulations require restaurants to close during Ramadan fasting hours, ban alcohol, or mandate the collection of zakat (Islamic alms).  Other local regulations forbid or limit the religious activities of religious minorities, especially Shia and Ahmadi Muslims.

The marriage law does not explicitly forbid interfaith marriage, but it contains an article stipulating that parties must perform the marriage ceremony according to the rituals of a religion shared by both the bride and groom.  A man and woman of different religions who seek to marry may have difficulties finding a religious official willing to perform a wedding ceremony.  Some couples of different religions select the same religion on their KTPs in order to marry legally.

The law allows a Muslim man to have up to four wives, provided he is able to support each equally.  For a man to take a second, third, or fourth wife, he must obtain court permission and the consent of the first wife.  These conditions, however, are not always enforced.

Government regulations require Muslim male civil servants to receive permission from a government official and their first wives prior to marrying a second, third, or fourth wife, and prohibit female civil servants from becoming second, third, or fourth wives.

The law requires the leader of an aliran kepercayaan group to demonstrate group members live in at least three regencies, which are administrative designations one level below a province, before the leader may officiate legally at a wedding.  This constraint effectively bars believers of some smaller groups without such geographic presence from receiving official marriage services from a member of their faith, although groups can aid each other and facilitate marriages by a group with a similar faith tradition and rituals.

Following a 2017 Constitutional Court ruling, citizens are allowed to select indigenous faiths as an option on their KTP cards.  Previously, they were only allowed to choose one of the six officially recognized religions or leave the column blank when applying for a KTP.

A joint ministerial decree requires domestic religious organizations to obtain approval from the MRA to receive funding from overseas donors and forbids dissemination of religious literature and pamphlets to members of other religious groups as well as going door to door for the purposes of converting others.

Foreign religious workers must obtain religious worker visas, and foreign religious organizations must obtain permission from the MRA to provide any type of assistance (in-kind, personnel, or financial) to local religious groups.

The country is a party to the International Covenant on Civil and Political Rights.

Government Practices

On May 13, a family of suicide bombers attacked three Christian churches in Surabaya within minutes of each other.  The parents strapped explosives onto their daughters, ages six and eight, and their teenage sons.  The blasts killed 13 persons and injured 40 others.  President Joko Widodo ordered the National Police to thoroughly investigate the attacks and to identify and bring the guilty groups to justice.

Police and prosecutors said they used the provisions of a newly revised antiterrorism law to arrest more than 350 members of organizations supporting violence against individuals of different religious beliefs.  Authorities had prosecuted approximately 150 of these cases.  A court in August banned the militant group Jemaah Ansharut Daulah under the amended law.

Government and sharia officials stated non-Muslim residents of Aceh could choose punishment under sharia or civil court procedures, but Muslim residents of Aceh must receive punishment under sharia.  Several non-Muslim residents of Aceh chose punishment under sharia, reportedly due to the expediency of punishment and the risk of prolonged trials and possible lengthy prison sentences.

In January a Christian man reportedly opted for punishment under sharia, receiving 36 lashes for selling alcohol, an offense under sharia.  In February two Christians, residents of Aceh Province, received six lashes for gambling.  All three canings took place outside a mosque after Friday prayers with numerous onlookers.

In September Aceh authorities publicly caned a man and a woman in Banda Aceh for having an extramarital affair.  The couple received a sentence of 28 lashes, but had four of them suspended, as they had already been in jail four months.  In Aceh, in April the governor adopted a new regulation forbidding individuals from recording canings and allowing only private witnessing of canings by journalists and adults inside prisons.  Due in part to the subsequent arrest and detention of this governor, while the decree remained in effect, no districts enforced it.  Moving canings away from public view triggered controversy among regional administration and provincial lawmakers and garnered the objection of the influential Dayah community.  Dayah are traditional Islamic boarding schools for the study of the Quran, Hadith, and other Islamic texts.

In December media and human rights groups reported the government released a smartphone app called Smart Pakem allowing citizens to file heresy or blasphemy reports against groups with what the government considers unofficial or unorthodox religious practices.  Jakarta’s Prosecution Office launched the app, which it stated aimed to streamline the heresy and blasphemy reporting system.  Nirwan Nawawi, a spokesman for the prosecutor’s office said, “The objective…is to provide easier access to information about the spread of beliefs in Indonesia, to educate the public, and to prevent them from following doctrines from an individual or a group that are not in line with the regulations.”  Various human rights organizations criticized the app, saying it could undermine religious tolerance and freedom in the country.  According to Human Rights Watch, the app identifies several religious groups and their leaders (including Ahmadi, Shia, and Gafatar), describes their “deviant teachings,” and provides their local office addresses.  In August Human Rights Watch reported the government prosecuted at least 22 individuals for blasphemy since the beginning of the Widodo administration in 2014.

On August 24, a Medan court sentenced Meiliana (one name only), an ethnic-Chinese Buddhist woman, to 18 months in prison for blasphemy against Islam.  Reportedly, in 2016 she privately asked the local mosque caretaker’s daughter that the mosque lower its loudspeaker volume.  The press reported that rumors spread that she was demanding that mosques in her hometown of Tanjung Balai stop calls to prayer altogether.  In ensuing riots, Muslim local residents ransacked and destroyed at least 14 area Buddhist temples.  Human rights groups and some Muslim organizations throughout the country criticized both the prosecution of the case and the harshness of the verdict, as did Vice President Jusuf Kalla.  The central government issued a regulation limiting the volume of mosques’ speakers shortly after the verdict.  A higher court in October upheld the sentence, and Meiliana’s attorney said he planned an appeal to the Supreme Court.  According to news reports, Muslims who attacked Chinese businesses and Buddhist temples in Tanjung Balai in anger over Meiliana’s alleged action were sentenced to a maximum of two months behind bars.

On September 26, the Medan District Court in North Sumatra sentenced a police officer to 16 months in prison for shredding and dumping copies of the Quran into the gutter.  The court found the officer, Tommy Daniel Patar Hutabarat, guilty of blasphemy.

On April 30, the Pandeglang District Court in Banten sentenced Alnoldy Bahari to five years in prison and ordered him to pay a 100 million rupiah ($6,900) fine after finding him guilty of spreading hate speech.  Officials brought charges against him after he posted on Facebook that those who had not seen God were “fake” Muslims.  On May 7, the Tangerang District Court in Banten sentenced Abraham Ben Moses, also known as Saifuddin Ibrahim, 52, to four years in prison for religious defamation after a video appeared of him with a taxi driver in which he shared his Christian faith and engaged in a discussion concerning the Prophet Muhammad’s teachings on marriage, stating Muhammad acted inconsistently with his own teachings.  The court also ordered that Moses, who said he was a Christian cleric, pay a 50 million rupiah ($3,500) fine or else spend an additional one month in prison.  The court determined he intentionally spread information electronically with the intent to incite hatred against an individual, group, and society based on religion.

On July 25, a 21-year-old Christian student from North Sumatra received a four-year sentence for a Facebook post that likened the Prophet Muhammad to a pig.  His lawyer said the student did not challenge the verdict due to fear of intimidation by members of the Muslim group who reported him.  The lawyer also described his client’s trial as “full of intimidation” and said the accused became a target of verbal insults by members of the FPI outside the courtroom.

On July 23, the Constitutional Court dismissed a petition brought by members of the Ahmadi religious community to revoke the blasphemy articles within the criminal code.  This case marked the third failed attempt to repeal the blasphemy articles since 2010.

In November Grace Natalie, an ethnic Chinese Protestant member of the Indonesian Solidarity Party, pledged the party would not support discriminatory local laws based on “the Bible or sharia” and called for an end to the forced closure of places of worship.  Eggi Sudjana, a member of the rival National Mandate Party, reported her comments as potentially blasphemous.  Police summoned her for seven hours of questioning.  Authorities had not filed charges by year’s end.

Authorities had not charged any Ahmadi Muslims with blasphemy as of year’s end, but Ahmadi sources said provincial and local regulations based on these articles placed tighter restrictions on Ahmadis than on the six officially recognized religions.

The MRA maintained its authority at both the national and local level to conduct the “development” of religious groups and believers, including efforts to convert minority religious groups to Sunni Islam.  In several West Java regencies, local governments continued efforts to force or encourage conversion of Ahmadi Muslims with a requirement that Ahmadis sign forms renouncing their beliefs in order to register their marriages or participate in the Hajj.  According to the local Ahmadiyya community in Cianjur and Cirebon, local MRA offices obliged Ahmadis to sign forms stating they denounced Ahmadiyya teachings.  This practice has continued since 2014.

The Setara Institute, a domestic nongovernmental organization (NGO) that conducts advocacy and research on religious and political freedom, again stated the central government made efforts to reaffirm constitutional provisions for religious freedom, promote tolerance, and prevent religiously motivated violence.  It also stated, however, that the central government did little to intervene at the local level or resolve past religious conflicts through its mandate to enforce court rulings, override unconstitutional local regulations, or otherwise uphold the constitutional and legal protections afforded to minority religious groups.  The institute noted local governments selectively enforced blasphemy laws, regulations on permits, and other local regulations in ways that affected various religious groups.

According to religious groups and NGOs, government officials and police sometimes failed to prevent “intolerant groups” from infringing on others’ religious freedom and committing other acts of intimidation, such as damaging or destroying houses of worship and homes.  These groups included the FPI, FUI, FJI, and MMI.  Police did not always actively investigate and prosecute crimes by members of “intolerant groups.”  During the year, police again worked with human rights activists and NGOs to provide tolerance-training sessions to religious leaders and local police.

The Setara Institute reported 40 cases of government abuses of religious freedom between January and June compared with 24 cases in the first 11 months of 2017.  Abuses cited included discrimination, intolerance, and prohibitions on the wearing of hijabs in public school.  Setara attributed the increase to three factors:  the manipulation of the population’s religious sentiments by politicians and other societal actors in the period preceding the 2019 national elections; a rise in the role of community groups instigating intolerant actions; and increased use of social media to disseminate discriminatory messages.

More than 338 Shia Muslims from Madura remained displaced on the outskirts of Surabaya, East Java, after communal violence forced them from their homes in 2012.  Approximately 200 Ahmadi Muslims remained internally displaced in cramped apartments in Mataram, the capital of West Nusa Tenggara, after a mob expelled them from their Lombok village in 2006.

Across the country, minority religious groups, including Muslim groups in non-Muslim majority areas, continued to state the official requirement for a specific number of supporters to build or renovate a house of worship served as a barrier to construction.  Governments did not issue permits when the worshippers obtained the requisite numbers or when opponents of the construction pressured neighbors not to approve.  In many cases, a few vocal opponents from the local majority religious affiliation were reportedly sufficient to stop construction approvals.  State-recognized religious leaders in government-supported interfaith forums reportedly found ways to block aliran kepercayaan believers from constructing places of worship, largely through stringent house of worship permit requirements.  Aliran kepercayaan adherents said they were fearful of atheism accusations were they to contest this treatment in court.  Christian leaders reported that local officials indefinitely delayed permit approval for requests to build new churches because these officials feared construction would incite protests.  Ahmadi and Shia Muslims and Christians said they also faced problems when seeking approval to move to temporary facilities while a primary place of worship underwent renovation.

Local governments, police, and religious organizations reportedly tried to close religious minority groups’ houses of worship for permit violations, often after protests from “intolerant groups,” even if the minority groups had a proper permit.  Many congregations could not obtain the requisite number of nonmember signatures supporting construction of a house of worship and often faced protest from “intolerant groups” during the application process, making permits nearly impossible to obtain.  Even when authorities issued permits, they closed or forced construction to halt on some houses of worship after facing legal challenges and public protests.  Protestant and Catholic churches also reported that “intolerant groups” forced them to pay protection money to continue operating without a permit.  Some houses of worship established before the joint ministerial decree on house of worship construction came into effect reportedly were still obligated to meet the requirements or face closure.  Many houses of worship operated without permits in office buildings, malls, private homes, and shops.

On September 29, local authorities in Jambi closed three churches:  the Indonesian Methodist Church (Gereja Methodist Indonesia), Indonesia Christian Huria (Huria Kristen Indonesia), and Assemblies of God Church (Gereja Sidang Jemaat Allah).  According to the Indonesia Communion of Churches, several Muslim groups such as FPI had sent a letter to the city complaining the churches had created public disturbances.  This resulted in a meeting with city officials and the FPI, Indonesian Ulema Council (MUI), FKUB, and Malay Culture Institute (Lembaga Adat Melayu); however, there were no representatives from the affected churches.  A few days later, government agencies, police, and local chapters of the MUI and KUB decided to close the churches, citing “administrative issues.”  Protests by hundreds of the churches’ worshippers followed the closures.  Church leaders said they had been trying to apply for the appropriate permits from the city administration since 2003, but the city authorities had not granted them due to lack of support from neighborhood authorities and communities.  Jambi city spokesman Abu Bakar said the churches could reopen after the congregations obtained the permits.  Another Jambi official noted that 70 churches in the city had yet to receive building permits.

The Congregation of Churches in Jayapura, Papua, a Christian-majority province, publicly called for terminating the construction of a local mosque following pressure from the neighboring Christian community.  The group said the mosque’s minarets would be taller than the surrounding churches and other structures and questioned the building’s permit status.  The incident generated intense debate among Christian and Muslim communities, leading to the formation by the government of a mediation team to manage tensions between the two communities, largely divided between the area’s ethnic Papuans, who are majority Christian, and migrants from other parts of the country, who are predominantly Muslim.  The interfaith mediation team agreed in April to establish a mutually acceptable height limit of the minarets under construction, conduct an interfaith dialogue, and reaffirm the local government’s policy to enable religious faiths to establish houses of worship in the district.

Construction moved forward on the Santa Clara Catholic Church in Bekasi, West Java.  In December police reportedly sent personnel to safeguard the church, which was used as one of the venues in the region to celebrate Christmas.  The congregation had waited more than 15 years for the approval of its construction permit before receiving it in 2015, and “intolerant groups” regularly targeted the construction site for protests.  Following a 2017 protest, the Bekasi mayor assured the congregation it would be able to finish construction by December 2017, but construction still was not complete at the end of September.

Aliran kepercayaan followers continued to say teachers pressured them to send their children to a religious education class of one of the six officially recognized religions.  Minority religious groups not among the six recognized religions said schools often allowed their children to spend religious education time in study hall, but school officials required parents to sign documents stating their children received religious education.  Ahmadi Muslim students reported religion classes for Islam focused only on Sunni teachings.  A member of the indigenous belief community from Cirebon (belonging to the Sunda Wiwitan group) stated the teachers of their school demanded that students choose a formal education on one of the six officially recognized religions.  Most of the students chose Islam.

Civil servants who openly professed an adherence to an indigenous belief system continued to say they had difficulty obtaining promotions.

Although the government generally allowed citizens to leave the religion column blank on their KTPs, individuals continued to report difficulties accessing government services (such as procuring marriage licenses or receiving health care) and experiencing other forms of discrimination if they did so.  Many local officials reportedly were unaware of the option to leave the religion section blank and refused to issue such KTPs.  The lack of a KTP led to issues ranging from an inability to register for health insurance to problems applying for mortgages.  Faced with this problem, many religious minority members reportedly chose to identify as a member of an officially recognized religion close to their beliefs or reflecting the locally dominant religion.  According to researchers, this practice obscured the real number of adherents to any particular religious group in government statistics.  As of year’s end, observers said it was unclear whether all registry offices throughout the country had the application systems that would allow indigenous believers to state beliefs other than the six recognized religions on their KTPs, in accordance with the 2017 Constitutional Court ruling.  In October MRA officials said there were plans to identify indigenous faiths on KTPs cards; however, this would first require the legislature to revise the registration law, according to the ministry.

NGOs and religious advocacy groups continued to urge the government to remove the religion field from KTPs.  Religious minorities reported they sometimes faced discrimination after others saw their religious affiliation on their KTPs.  Members of the Jewish community said they felt uncomfortable stating their religion in public and often chose to state they were Christians or Muslims depending on the dominant religion where they lived, due to concern that local communities did not understand their religion.

Minority Muslim groups, including Ahmadis and Shia, also continued to report resistance when they tried to apply for KTPs as Muslims, effectively denying them access to public services if they could not secure KTPs.

Police Spokesperson Dedi Prasetyo stated police would optimize prevention measures to eradicate radicalism by persuasive engagement and by tracking and profiling of religious leaders. Police expected this engagement would help religious leaders lessen exposure to radicalism among their followers.

Both the central and local governments included elected and appointed officials from minority groups.  For example, the Governor of West Kalimantan and the Mayor of Solo were Catholic, and a leading Shia figure held a seat in the House of Representatives, elected from a majority Sunni district in Bandung, West Java.  As of October President Widodo’s 34-member cabinet included six members of minority faiths.

Foreign religious workers from many religious groups continued to state they found it relatively easy to obtain visas.  Despite laws restricting proselytizing, some foreign religious groups reported little government interference with preaching or religious conversions.

Police provided special protection to some churches in major cities during Sunday services and Christian holidays.

Section III. Status of Societal Respect for Religious Freedom

On February 11, a man with a machete attacked a congregation during Sunday Mass at the St. Lidwina Church in Sleman, Yogyakarta.  The attacker, whom police identified as university student Suliono, reportedly injured four persons, including the church’s priest, Father Karl Edmund Prier.  Suliono also destroyed statues in the Church of Jesus and the Virgin Mary.  At year’s end, police were still investigating the case and the motive behind the attack.  On February 12, the president stated he instructed police to enforce the constitutional guarantees of religious freedom and said there was no place for religious intolerance in the country.

On May 19, unidentified attackers destroyed several houses and attempted to expel the Ahmadi community from Grepek Tanak Eat hamlet in Greneng Village, West Nusa Tenggara.  The violence forced 24 persons from seven families to seek shelter at the East Lombok police headquarters.  Ahmadi Indonesia Congregation secretary Yendra Budiana said the incident followed a series of previous attacks on the Ahmadi community in another residential area in March and on May 9.

The MUI (an independent clerical body funded by the government and charged with issuing fatwas) called upon all mosques to increase compassion, tolerance, and nationalism rather than spreading hatred, hate speech, and negative propaganda that could sharpen any ideological differences.  “Intolerant groups,” however, used MUI fatwas to justify actions against religious minorities and other vulnerable groups, even though the fatwas lacked legal standing.  Individuals affiliated at the local level with the MUI used rhetoric considered intolerant by religious minorities, including fatwas declaring Shia and Ahmadis as deviant sects.  Shia and Ahmadi Muslims reported feeling under constant threat from “intolerant groups.”  Anti-Shia rhetoric was common in some online media outlets and on social media.

In November media reported the Indonesian State Intelligence Agency had surveyed 1,000 mosques in the country and stated imams at an estimated 41 places of worship in Jakarta were preaching “extremism” to worshippers, often to government workers.  Intelligence officers found approximately 17 clerics expressed support or sympathy for ISIS and encouraged their congregations to fight for the jihadist group in Syria and Marawi, the southern Philippine city attacked by ISIS-linked fighters in 2017.

In March a group of persons vandalized a recently renovated Catholic church in South Sumatra.  The South Sumatra Police in the same month arrested 10 suspects and planned to charge them with assault and arson.  The police said those arrested committed the action due to hatred.  As of year’s end, there were no reports of a trial date in this case.

In August human rights group Wahid Foundation reported that it had recorded 213 cases of religious freedom violations in 2017, a 4 percent increase from 2016.  Nonstate actors such as the FPI committed most violations.  The highest number of violations was recorded in Jakarta (50 incidents), followed by West Java (44), East Java (27), and Central Java (15).  Religious freedom violations were recorded in 27 of the country’s 34 provinces.  The foundation recorded an increase in efforts by the state and civil society to promote diversity, religious freedom, and tolerance.  It identified 398 such initiatives in 2017, a 64 percent increase from 2016.

Christian leaders in Surabaya said they were encouraged by sympathy and support shown toward the affected Christians by the local Muslim community after the May 13 suicide bomber attack on three churches.

Many individuals in the government, media, civil society, and general population were vocal and active in protecting and promoting tolerance and pluralism.  The largest and most influential religious groups and NGOs, including the two largest Islamic groups in the country – Nahdlatul Ulama (NU) and Muhammadiyah, with approximately 40 and 30 million members, respectively – officially endorsed and advocated for tolerance, pluralism, and the protection of minority groups.  For instance, in August NU launched the Said Aqil Siroj Institute, a civil society group designed to promote interreligious tolerance in a country where observers said religious and ethnic sentiments were on the rise ahead of the national elections in 2019.

Section IV. U.S. Government Policy and Engagement

The U.S. Embassy in Jakarta, the Consulate General in Surabaya, and the Consulate in Medan regularly engaged with all levels of government on specific religious freedom issues, such as actions against religious minorities; closures of places of worship; convictions for blasphemy and defamation of religion; the undue influence of “intolerant groups” and the importance of the rule of law; the application of sharia to non-Muslims; religious registration requirements on KTPs; the importance of education and interfaith dialogue in promoting tolerance; the equal protection of all citizens regardless of their religion; and promotion of tolerance in international forums.

The U.S.-Indonesia Council on Religion and Pluralism, a civil-society-led entity endorsed by both governments, includes a diverse group of experts, academics, and religious and civil society leaders established to promote interfaith dialogue, pluralism, and tolerance.  The Ambassador regularly engaged with members of the council to discuss ways to augment the council’s activity on issues affecting the country’s religious communities.  The embassy facilitated the council’s engagement with visiting U.S. government officials.

In September the Department of State Coordinator for Counterterrorism met with council members to hear their approach to responding to religious extremist ideology in the country.  He shared examples of international good practices and suggested areas of future collaboration, such as educator-religious leader collaboration in schools; strengthening law enforcement’s role in engaging communities they serve; and religious leader youth mentorship.

In August the Ambassador met with U.S. members of the council attending the World Peace Forum to discuss efforts to augment joint collaboration between the two countries to combat violent extremism, promote religious freedom, and increase people-to-people engagement on human rights.

In January the then Acting Assistant Secretary of State for East Asian and Pacific Affairs met with Islamic members of the council to discuss Indonesia’s stated intention to encourage moderate Islam overseas.  Local council members discussed efforts to prevent the politicization of Islam, promote interfaith dialogue, and develop a united response to extremist narratives.  The Acting Assistant Secretary underscored the importance of promoting tolerance and pluralism in the country and commended the work of the council on engaging communities of all faiths.

During Ramadan, the embassy and consulates implemented an outreach strategy throughout the country to highlight values such as religious tolerance.  This included a diverse set of public diplomacy tools, ranging from the Ambassador’s appearance on two of the country’s highest-rated television shows and a series of buka puasas (iftars) with target audiences, to placement of articles featuring Muslim life in the United States in key newspapers and social media blitzes using embassy-produced Ramadan and Eid videos.  An important objective was to promote interfaith tolerance within the country by highlighting the inclusion of Muslims within American life.

The embassy implemented several professional exchange programs designed to foster and encourage religious tolerance.  These included sponsoring the visit to the United States of eight (seven Muslim and one Christian) academics to examine religious pluralism and acquire tools to develop curricula at their home institutions.  The embassy also sponsored the visits of six educators, administrators, and NGO leaders to the United States to see how religious and secular schools, as well as faith-based and other civil society organizations, work together as a force for social harmony.

The embassy hosted a film festival in which it showed numerous movies throughout the year, several of which included themes of religious tolerance and diversity.  The series was very well attended, and follow-on discussions hosted by embassy officials resulted in lively and forthright exchanges regarding religious and societal challenges facing Indonesia and the United States.

In September the Consul General in Surabaya hosted an interfaith event for Surabaya’s religious community during which the consulate general conveyed the importance of religious pluralism and diversity in developing resilient and prosperous societies.  Key guests included members of Muslim, Christian, and Buddhist groups along with followers of traditional beliefs.  During Ramadan, the Consulate General hosted a Halal bi-Halal (a national Muslim observance showing respect for elders after Eid al-Fitr) for youth leaders of religious groups, and participants discussed their aspirations in promoting pluralism.

In January the Consulate in Medan organized a meeting between Muslim scholars from different provinces in Sumatra and the Ambassador to provide updates on religious dynamics in Sumatra.  U.S. officials expressed their support for diversity and encouraged the scholars to continue their leadership in maintaining religious peace and harmony in the country.

Laos

Executive Summary

The constitution provides citizens with “the right and freedom to believe or not to believe in religion.”  The government officially recognizes four religious umbrella groups – Buddhism, Christianity, Islam, and the Baha’i Faith – and generally requires other religious groups to affiliate with one of these four groups to operate legally.  A decree issued in 2016 with the stated intent of clarifying rules for religious practice defines the government as the final arbiter of permissible religious activities.  Under the decree, any religious group must register with the Ministry of Home Affairs (MOHA) and meet administrative requirements on an annual basis.  The decree includes provisions on how groups operate, establish houses of worship, and travel for religious purposes.  The government continued to disseminate implementing instructions and held several workshops to discuss the decree with provincial and local authorities.  Religious leaders said that the 2016 decree helped to delineate religious rights, but established requirements that were more onerous, unrealistic, and used to restrict religious practices.  According to some religious leaders, officials in urban areas and in some districts had a better understanding of laws that govern religious activities and promoted the concept of religious freedom more than in the past.  Conflicts and other incidents that restrict religious freedom remained prevalent in rural areas.  A representative from the National Assembly’s Department of Ethnic and Religious Affairs said that the 2016 decree had “not reached all areas.”  Reports continued of authorities, especially in isolated villages, arresting, detaining, and exiling followers of minority religions, particularly Christians.  There were reports of authorities warning citizens not to convert to Christianity, forbidding members to gather for religious services, and pressuring members of minority religions to renounce their faith.  Christian groups also reported longstanding problems registering and constructing churches in some areas, as well as with obtaining permission to travel within the country.  Reportedly, Christians who congregated in homes and other unregistered facilities for religious purposes were sometimes harassed by authorities.  Christians said authorities allowed them to conduct Christmas services in their churches or at their pastors’ homes, provided they did not preach against the government and law and they invited local officials to attend to guarantee “order and security.”

According to government and religious group sources, tensions continued in rural areas between animists and growing Christian communities.  Burial ceremonies were a point of contention, with some reports of animists and Buddhists interfering with Christian burials or not allowing Christians to be buried in public cemeteries.

U.S. embassy officials regularly raised specific religious freedom cases with the government and continued encouraging open dialogue and resolution of conflicts, including those associated with implementing the 2016 decree.  Embassy officials attended a government-organized workshop that discussed laws promoting religious freedom and encouraged the government to continue holding these workshops.  The embassy maintained regular contact with officials in MOHA and the Lao Front for National Construction (LFNC), a mass organization of the Lao People’s Revolutionary Party responsible for some administration of religious organizations, and discussed the challenges faced by religious groups and government plans to improve religious freedom.  Embassy officials were also in regular contact with religious leaders and laypersons from a wide variety of denominations and faiths to understand better the problems they faced in practicing their faiths.

Section I. Religious Demography

The U.S. government estimates the total population at 7.2 million (July 2018 estimate).  According to the 2015 national census (the most recent figures available), 64.7 percent of the population is Buddhist, 1.7 percent Christian, 31.4 percent has no religion, and the remaining 2.1 percent identify as other or having a nonlisted religion.  Theravada Buddhism is the dominant religion of the ethnic or “lowland” Lao, who constitute 53.2 percent of the overall population.  According to the LFNC and MOHA, the remainder of the population comprises at least 48 ethnic minority groups, most of which practice animism and ancestor worship.  Animism is predominant among Sino-Thai groups, such as the Thai Dam and Thai Daeng, and the Mon-Khmer and Burmo-Tibetan groups.  Among lowland Lao, many pre-Buddhist animist beliefs are incorporated into Theravada Buddhist practice, particularly in rural areas.  Roman Catholics, Protestants, Muslims, Baha’is, Mahayana Buddhists, Seventh-day Adventists, The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ) members, and followers of Confucianism together constitute less than 3 percent of the population.  According to the international Christian rights NGO Aid to the Church in Need’s 2018 Religious Freedom Report, Christians comprise 3.2 percent of the population.  The Lao Evangelical Church (LEC) estimates its membership at 200,000 and the Catholic Church estimates its at 55,000.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for the right and freedom to believe or not believe in any religion and states citizens are equal before the law regardless of their beliefs or ethnic group.  The government officially recognizes four religious umbrella groups – Buddhism, Christianity, Islam, and the Baha’i Faith.  It generally requires other religious groups to affiliate with one of these four groups in order to operate legally.  The constitution also states the government respects and protects all lawful activities of Buddhists and followers of other religions, and “mobilizes and encourages Buddhist monks and novices as well as the priests of other religions to participate in activities that are beneficial to the country and people.”  It prohibits all acts that create division between religious groups and classes of persons.

Decree 315, enacted in 2016, upholds “respect for the religious rights and freedom” of both believers and nonbelievers.  The decree’s stated purpose is to set the principles, regulations, and laws concerning the governance and protection of religious activities for clergy, teachers of religion, believers, and religious groups in order to preserve and promote national culture, increase solidarity among members of religious groups, and “preserve and develop the nation.”  The decree clarifies rules for religious practice, extends registration requirements to Buddhist groups, which had previously had a de facto exemption, and defines the government as the final arbiter of permissible religious activities.  The decree reiterates the constitutional priority that religious practice should serve national interests by promoting development and education and by instructing believers to be good citizens.

The decree requires any religious group operating in the country to register with MOHA.  The government encourages other religious groups seeking official recognition to affiliate with one of the four umbrella groups.  Government-recognized Christian denominations are limited to the Catholic Church, the LEC, and the Seventh-day Adventist Church.  All other Christian denominations wishing to be recognized are encouraged to register as part of the LEC instead of receiving separate recognition.

Under the decree, religious groups must present information on elected or appointed officeholders to national, provincial, and district and village-level MOHA offices for review and certification.  Religious groups operating in multiple provinces must obtain national MOHA approval; groups operating in multiple districts are required to obtain provincial level approval; and groups operating in multiple villages are required to obtain district level approval.  If a group wishes to operate beyond its local congregation, it must obtain approval at the corresponding level.  A religious activity occurring outside a religious group’s property requires village authority approval.  Activities in another village require approval from district authorities, from provincial authorities for activities in another district, and from national authorities for activities in another province.  Religious groups must submit annual plans of all activities, including routine events, in advance for local authorities to review and approve.

The decree states nearly all aspects of religious practice – such as congregating, holding religious services, travel for religious officials, building houses of worship, modifying existing structures, and establishing new congregations in villages where none existed – require permission from a provincial, district-level, and/or central MOHA office.  The decree empowers MOHA to order the cessation of any religious activities or beliefs not in agreement with policies, traditional customs, laws, or regulations within its jurisdiction.  It may stop any religious activity threatening national stability, peace, and social order, causing serious damage to the environment, or affecting national solidarity or unity between tribes and religions, including threats to the lives, properties, health, or reputations of others.  The decree also requires MOHA to collect information and statistics on religious operations, cooperate with foreign countries and international organizations regarding religious activities, and report religious activities to the government.

All houses of worship must register under the law and conform to applicable regulations.  Any maintenance, restoration, and construction activities at religious facilities must receive MOHA approval from all levels.  Local authorities may provide opinions regarding building, care, and maintenance of religious facilities, present their findings to their respective provincial governors and city mayors for consideration, and subsequently ask MOHA to review and approve activities conducted in religious facilities.

The Decree on Associations, No. 238, passed in late 2017, allows government to control and/or prohibit the formation of associations and includes measures to criminalize unregistered associations and allow for prosecution of their members.

Individuals entering the clergy for more than three months require approval from district and village authorities, agreement from the receiving religious establishment, and agreement from a guardian or spouse, if applicable.  For a period of less than three months, the village authority, as well as a guardian or spouse, if applicable, must approve.  The shorter period stipulations are particularly relevant to Buddhists, as every Buddhist male is expected to enter the monkhood at least once in his life, often for fewer than three months.

The Ministry of Education and Sports (MOES) and MOHA must approve the travel abroad of clergy and religious teachers for specialized studies.  Generally, students going abroad for any kind of study (including religious studies) require approval from the MOES.  Religious organizations conducting religious activities overseas must receive approval from the appropriate geographical MOHA level.

According to the LFNC Law as amended in April, the LFNC may educate and meet with religious leaders, clergy, teachers, and members to ensure compliance with laws and regulations, reduce ethnic and religious tensions, and “contribute to the development of the nation.”  LFNC officials may listen to opinions and concerns of religious communities in order to work with police or other authorities to investigate and resolve problems.

The government controls written materials for religious audiences.  The decree regulates the importation and printing of religious materials and production of books, documents, icons, and symbols of various religions.  The Ministry of Culture and MOHA must approve religious texts or other materials before they are imported.  MOHA may require religious groups to certify the imported materials are truly representative of their religions, to address issues of authenticity, and to ensure imported materials comport with values and practices in the country.  The law prohibits the import or export of unapproved printed or electronic religious materials.

The decree states the government may continue to sponsor Buddhist facilities, incorporate Buddhist rituals and ceremonies in state functions, and promote Buddhism as an element of the country’s cultural and spiritual identity and as the predominant religion of the country.

The decree requires Buddhist clergy to have identification cards, and clergy of other religions are required to have certificates to prove they have received legitimate religious training.

The country is a party to the International Covenant on Civil and Political Rights, with a reservation that Article 18 on freedom of religion shall not be construed as authorizing or encouraging any activities to directly or indirectly coerce or compel an individual to believe or not to believe in a religion or to change his or her religion or belief, and that all acts that create division and discrimination among ethnic groups and religious groups are incompatible with the article.

Government Practices

Reports continued of authorities, especially in isolated villages, arresting, detaining, and exiling followers of minority religions, particularly Christians.  The central government said it continued efforts to offer protections to religious groups as stipulated in the law, but stated this was a challenge in isolated areas.

In August a pastor with close connections to Christians throughout the country reported that district authorities in Mahaxsai District in Khammoune Province told a group of Christians to stop worshipping and then tried to extort money from them.  When the group did not give them any money, the authorities arrested the group leader and detained him for five days.

In September authorities detained seven members of the LEC for a week at a district jail in Champassack Province.  Before they were taken to jail, the village chief forced the LEC members into a vehicle belonging to the jail and reportedly drove them around the village, warning other villagers not to follow the LEC faith.  One of the detainees said local authorities released them in part because MOHA organized a workshop on Decree 315 in the same province that week.  The detainees were released after the workshop ended.

The advocacy group Human Rights Watch for Lao Religious Freedom (HRWLRF) reported that on November 18 three police officers in Keovilia village, Vilabouly District, Savannakhet Province, arrested three men and one elderly woman for being Christian.  The report identified the woman as “Grandma Bounlam” and the three men by the surnames Duangtha, Khampan, and Ponsawan.  The officers who made the arrests were identified by their surnames as Don, a police major stationed at Vilabouly District, and two officers stationed in Vang District, Pim and No.  According to HRWLRF, the police held the men in handcuffs and feet stocks.  Police released the four, but evicted them from their homes and confiscated their property.  According to HRWLRF, police threatened them with unspecified criminal charges if they did not renounce Christianity.

Radio Free Asia and HRWLRF reported that in December five other Christians were arrested in Non Soung Village, Phin District, Savannakhet Province, including one pastor who had come from another village to help celebrate Christmas.  Radio Free Asia quoted an anonymous local who said that Christians were subject to restrictions and “are not allowed to teach from the Bible or to spread their religion to others because Christianity is the religion of the Europeans and Americans.”

According to Radio Free Asia, HRWLRF reported police in Nakanong village, Phin District, Savannakhet Province, arrested three church leaders and four other Christians on December 29 for conducting an “illegal” church service and held them for several days before releasing them.  HRWLRF reportedly said authorities also demolished the church stage, cut the power line, destroyed the sound system, and seized three mobile phones.

In some cases, church members reportedly were arrested for practicing their faith but charged with another crime.  In Houaphanh Province, three members of the LEC were arrested for traveling without proper documentation and were charged with illegally entering a forest.

According to Christian media outlet World Watch Monitor, in January local officials in Luang Prabang forced a Christian and his family to move to another part of the city and fined them the equivalent of $400.  According to a local source, the “family book” identification document of the family, necessary to move about freely, was kept by the local chief.  The family could not return to collect the book without incurring additional fines of up to $1200, the fine given to anyone who chooses to become a Christian in that area, according to the source.

Some local officials pressured Christians to renounce their faith or encouraged them to move elsewhere.  For example, in Huaython village in Luang Prabang Province, local officials told approximately 20 families belonging to the LEC to renounce their faith because they should not believe in a “foreign religion.”  One family renounced their religion and local authorities gave them approximately 50,000 Lao kip ($6) as a reward.  In Sone District in Houaphanh Province, district officials told nine families they would have to move to another province if they did not renounce their Christian faith.  Eight of the nine families opted to move to Bokeo Province.

A representative of the Seventh-day Adventist Church said village authorities in Khammouane Province forced Church members to sign a pledge, promising they would not gather for religious services.  According to the representative, the village authorities said that Church members could believe in a religion but could not gather to worship.

Leaders of the recognized minority religious groups said they were aware of fewer incidents of abuse of villagers who had converted to Christianity than in previous years; in most cases, those who were arrested were fined and released.  In some cases local officials reportedly threatened Protestants with arrest or expulsion from their villages if they did not comply with orders issued by the local authorities either to stop practicing their faith or not to join in community activities.

In discussing Decree 315 and other laws, religious leaders said officials in urban areas and in some districts had a strong understanding of laws governing religious activities, but conflicts and other incidents that restricted religious freedom remained prevalent in rural areas.  MOHA and LFNC officials continued to acknowledge some local officials were incorrectly applying regulations, were creating their own regulations contrary to national law, or simply were unaware of all provisions in Decree 315.  A representative from the National Assembly’s Department of Ethnic and Religious Affairs said that Decree 315 had “not reached all areas.”

Religious officials said that while Decree 315 helped delineate religious rights, the decree established requirements many religious groups felt were onerous, unrealistic, and used to restrict religious practices.  According to some minority religious groups, both local and central government officials referred to the constitution, Decree 315 (or its predecessor, Decree 92), and social harmony as reasons for continuing to restrict and monitor religious activity, especially the activities of new or small Christian organizations among minority ethnic group members.

Religious groups said they were concerned the government had not yet implemented the decree fully in practice.  If the government attempted to enforce all aspects of the decree, one church official said, “We won’t be able to do anything.”  Baha’i representatives said the decree was a positive development and reflected the government’s “sincerity” to promote religious freedom.  They also said the decree was not overly restrictive, but needed more clarity.  They recommended the government devote more resources to implementing it at the district level.

A number of nonprofit associations (NPAs) and some religious groups called for the repeal of the Decree on Associations No. 238, which they said had the potential to restrict operations of nonprofit organizations.  While the decree pertains to NPAs, Voice of the Martyrs, an international Christian NGO, stated local Christians were concerned authorities could use the decree to shut down religious activity and religious expression.  Mission Network News said the decree threatened Christians’ right to meet.  There were no reports from other local religious groups the decree had been used to regulate religious activity.

Some minority religious groups, including the Catholic Church, LEC, Baha’i Faith, and Seventh-day Adventists, successfully met the annual administrative requirements outlined in Decree 315, such as providing information on the number of members, religious texts, and plans for services during the year.  Other groups, including the Church of Jesus Christ, were still waiting for the government to approve their registration applications at year’s end.  A MOHA official stated the registration process was not easy and said that during the review process MOHA consulted with other religious groups to discuss the registration application in an attempt to minimize conflicts between established and new religious groups.  The MOHA official said some Christian groups questioned whether another group wishing to register was Christian.

The LEC, the second largest religious group after Buddhists, continued to serve as an umbrella group for all registered Christian denominations other than Catholics and Seventh-day Adventists, as religious leaders reported applications for recognition of new Christian groups were too difficult.  Several unregistered religious groups, including the Church of Jesus Christ, continued their efforts to register independently from the LEC due to differences in doctrinal beliefs; their applications remained pending at year’s end.

Although the law prohibits members of religious groups not registered with MOHA or the LFNC from practicing their faith, members of several groups reportedly did so quietly without interference.

Religious leaders reported various incidents throughout the country related to obtaining travel permission.  Some religious officials were detained even with proper travel authorization; most cases were resolved within hours of occurrence.  An official with the Seventh-day Adventist Church said if a member of the Church needed to travel to another province, he or she must submit an application to MOHA in advance and needed approval at the national and provincial levels, and it could take up to 20 days to get approval.  An official at MOHA said it tried to approve travel plans within 10 days, and encouraged religious groups to submit annual travel plans.

In March an official with the Catholic Church in Vientiane said the LFNC reportedly gave his local church permission to hold a religious service on April 1 for Easter.  Local authorities, however, stopped a church official who was traveling on March 31 to participate in the service and told him he could only travel on April 1.

Religious leaders said the Christmas season presented challenges, especially involving detention of Christians traveling without permission to attend religious events outside of their normal locales.  Members of the LEC said they submitted travel plans for the Christmas season to all appropriate levels of government but did not receive all the required approvals.

According to Radio Free Asia, in December an LFNC official from Xiengkhouang Province said authorities allowed Christians to conduct Christmas services in their churches or at their pastors’ homes provided they did not preach against the government and law and they invited local officials to attend to guarantee “order and security.”  Radio Free Asia also reported that, according to a Christian in Vientiane, Christians conducted Christmas services in the capital with government authorities present for “security and protection.”

According to Muslim community leaders, Muslims continued to worship at the two active mosques in Vientiane, the only mosques in the country.  According to the Muslim Association, its leaders met regularly with LFNC and MOHA officials and maintained an effective working relationship with the government.  The government permitted individuals from Thailand to conduct Islamic lessons.

While animists generally reported little governmental interference, the government continued to discourage animist practices it deemed outdated, dangerous, or illegal, such as the practice in some tribes of killing children born with defects or burying the bodies of deceased relatives beneath homes.

Representatives of Baha’i communities in urban areas, including Vientiane, Savannakhet, and Luang Prabang, reported local authorities generally were “comfortable” with Baha’i practitioners and did not interfere with or restrict their activities.

Christian religious leaders said authorities continued to enforce a ban on proselytizing in public.  Some religious groups, including the Church of Jesus Christ, said they relied on word-of-mouth to attract new members.  Authorities continued to enforce rules requiring programs or activities conducted outside houses of worship receive prior approval from local or higher officials.

The government strictly enforced a prohibition on proselytizing by foreigners.  Several religious groups said they welcomed foreign members to visit the country but needed to be cautious about the kinds of activities foreigners engaged in.  The Church of Jesus Christ had an agreement with MOHA that allowed two missionaries in the country but the missionaries were allowed only to teach English and could not engage in religious discussions.

Authorities continued to control imports of religious materials but several religious groups said they could find most religious texts and documents online so they did not need government permission.  MOHA officials said they coordinated with religious groups to review imported materials to help ensure they were in line with the organization’s beliefs.

Several religious groups reported problems with building places of worship.  An official with the LEC said there were approximately 600 LEC churches throughout the country.  He said the LEC had more than 1,000 “unofficial” churches where worship services were conducted in homes, in part due to the difficulties of obtaining building permits from local authorities.  An official with the Catholic Church said it had encountered challenges building churches as well.  During the year, the Church asked for permission to build churches in several villages but only received vague responses.  The LFNC Religious Affairs Department continued to urge that designated church structures replace house churches whenever possible.  Local authorities in many areas considered group worship in homes illegal and told villagers they needed a permit to worship at home, although Christian groups said local authorities in many areas considered group worship in homes illegal even with a permit.  Religious group representatives said the building permit process began at the local level and then required district, provincial, and ultimately central-level LFNC and MOHA permission.  Christian groups said the government would not issue permits to build new churches, and local officials used the process to block construction of new churches.  There were reports, however, of authorities permitting the construction of new churches, for example in the city of Vang Vieng and in Attapeu Province.

Many religious leaders said they continued to experience lengthy delays in obtaining permits for church construction, and generally received no response to requests.  Some religious leaders said that Decree 315 had neither clear guidelines nor clear timelines for construction of religious buildings.  A Christian religious official said the government used bureaucratic delays to halt construction as long as possible in order to keep minority religious groups from expanding.  According to the director general of the National Assembly’s Ethnic and Religious Affairs Department, many of the delays involved legal matters concerning construction, or in some cases, a cluster of Christian families in a village wished to build two or three churches in their village, which would result in more churches than authorities believed necessary for the number of Christians.

At year’s end, the Catholic Church continued to discuss plans with the LFNC to reacquire land adjoining the Sacred Heart Cathedral in central Vientiane that the Church previously owned before the Communist Party came to power in 1975.  The Catholic Church has tried to reacquire the land since 2001.  In November 2017, the government announced plans to build a school on that land with funding from China and did not inform the Church of these plans.

According to MOES, there was no Buddhist curriculum taught as religion in any public schools.  The government, however, promoted the teaching of Buddhist practices in public schools as part of national culture.  Mandatory cultural sessions included lessons taught in Buddhist temples and, in order to advance to the next grade level, educational authorities required all students pray in Buddhist temples.  Christian students reported discomfort with the requirement.  MOES said it allowed parents to remove their children from the classes if they were dissatisfied with the program.  In several provinces, however, lessons in Buddhism remained mandatory to pass to the next grade level.  This was especially true in areas where temples provided education because the government was unable to support a public school.  A number of private schools affiliated with various religious groups existed throughout the country and accepted students from any religious denomination.

With advance permission and a requirement there be no open proselytizing, government authorities permitted Lao and expatriate Christians to organize a public, open-air religious music event for the second year in a row.  The Vientiane International Gospel Music Festival took place November 2-4 at the Vientiane Center shopping mall, with performances by local and foreign artists and bands.  LEC officials said, however, the government told the organizers it would be the last time they received a permit to hold the festival.  The LEC officials also said that the word “gospel” was not translated into Lao and only appeared in English-language materials.

A Christian pastor said that in limited cases, provincial government officials continued to ask religious leaders not to report grievances to foreigners to avoid unwanted publicity.  He added the LEC did not want to embarrass the government or jeopardize its relatively strong relationship so the Church often chose not to publicize incidents related to religious freedom.  One religious official said the government blamed religious groups for publicizing grievances and giving the country a bad reputation.  According to religious groups, in some instances local authorities continued efforts to keep individuals who had been arrested, banished, punished, marginalized, or had otherwise been the victim of abuses due to their religious beliefs out of sight of international observers.

An official with the Catholic Church said government officials who are Catholic were promoted at a slower rate than their Buddhist counterparts and needed to take precautions to not be seen attending church services.  Other religious groups noted it was hard for their members to join the government or advance to higher-level positions, or to become village chiefs.  Religious groups stated they were aware of no openly non-Buddhist or non-animist government officials in higher-level posts at the provincial or national levels, although a Baha’i official said there were three Baha’i village chiefs.

Religious officials said that during the year, a man with mental health issues caused disruptions in a village.  Local authorities blamed minority religious groups for the disruptions, claiming the man was a member of both the LEC and the Seventh-day Adventists, even though he was not a registered member of either church.  Other religious officials said local authorities at times used religion as a scapegoat for domestic violence or other issues within a family.

In dealing with local conflicts regarding religious problems, officials at MOHA reported they first waited for local authorities to resolve an issue before getting involved.  One MOHA official said the ministry did not have the resources to respond to every conflict.

The LFNC and MOHA stated they continued to visit areas where religious freedom abuses had reportedly taken place to instruct local officials on government policy and law.  LFNC and MOHA officials said they frequently traveled out of the capital to encourage religious groups to practice in accordance with the country’s laws and regulations.  They also hosted training workshops for local officials to explain officials’ obligations under the constitution and the right to believe or not to believe in religion.  During these sessions, central authorities provided training to provincial LFNC and MOHA officials on Decree 315 and other laws governing religion and held workshops with local officials and religious leaders that reviewed the basic tenets of Buddhism, Christianity, the Baha’i Faith, and Islam.  With support from an international NGO, MOHA held seven workshops in six different provinces during the year with nearly 400 officials in attendance, including a four-day workshop on religious freedom in Bolikhamxai Province in October.  The LFNC offered seven workshops in four provinces with more than 250 participants.  The government directly funded one workshop, and religious groups contributed some funding for the workshops.  Officials said the workshops provided a forum for MOHA and LFNC to explain the different aspects of Decree 315 and hear about the challenges that minority religious groups encounter under it and other provisions of the law.

In collaboration with the LFNC, an international NGO continued to conduct training for provincial and district officials and local religious leaders throughout the year.  The training was designed to help the officials and religious leaders understand the law and each other better.

In October the National Assembly organized a three-day workshop that included officials from the four recognized religions and assembly members from all 18 provinces.  The religious organizations presented their beliefs, administration, and contributions to the country, while MOHA and MOPS discussed aspects of the new decree.  Assembly members also had the opportunity to ask questions of the religious officials.

The officially recognized religious groups and the government continued to print and distribute the decree and its implementation guidelines.

The Church of Jesus Christ organized study tours to Utah for government officials.  These and similar trips required approval from the Ministry of Foreign Affairs.

Section III. Status of Societal Respect for Religious Freedom

Christian sources reported religious tensions occurred in villages and rural areas, particularly in response to the growth of Christian congregations or disagreements over access to village resources.  One religious official said persons living in villages were often unaware of Decree 315 and village leaders did not encourage religious freedom.  The LEC noted continued conflicts in the southern part of the country where church officials said local residents continued to see their church as an unwelcome “foreign religion.”  Some religious leaders said misunderstandings continued to occur, which they said were due to low education levels in remote parts of the country.  In some cases, villagers threatened to expel Christians from the village if they did not renounce their faith, or offered them payment to renounce their religion.  In many villages, disputes of all kinds (including religious disputes) resolved by a committee without getting police or other government officials involved.  Christian group leaders said this process often resulted in compromises, such as encouraging Christians to support local Buddhist or animist ceremonies without participating in them.

Christians said burial practices remained an issue throughout the year.  Some animists continued to be concerned about the Christian practice of burying their dead within the village boundary or nearby confines, believing that the deceased’s spirit would bring disharmony to the village and conflict with the village spirits because the body was not cremated.  In some rural areas, Christians said they were not allowed to use public cemeteries and were not given land for separate cemeteries, so they had to resort to burying their dead on farms or in backyards.

According to an official from a Christian church, conflicts between animists and Christians continued, with reports of family feuds that resulted in damaged or destroyed animist relics.  Older animists said they opposed their younger family members adopting non-animist beliefs and threatened them via various means, including government intervention.

Several private preschools and English-language schools received support from religious groups abroad of various denominations.  Many boys received instruction in religion and other subjects in Buddhist temples, which continued to play a traditional schooling role in smaller communities where formal education was limited or unavailable.  Two Buddhist colleges and two Buddhist secondary schools provided religious training for children and adults.  Christian denominations, particularly the LEC and Seventh-day Adventists, conducted religious education for children and youth.  Baha’i groups conducted religious training for children and adult members.  The Catholic Church operated a seminary in Khammouane Province for students with high school diplomas.  The Muslim community offered limited educational training.

Some members of ethnic groups associated with the United States during the Vietnam War era said they felt abandoned by the United States and had rejected Christianity, which they viewed as an American religion, and in many cases in subsequent years had returned to their animist roots.  This sentiment reportedly continued to cause problems in remote areas where these ethnic communities placed additional pressure on Christians to renounce their religion, including from their own families and neighbors.

Several religious groups noted they provided donations after a dam collapsed in Attapeu Province in July, resulting in severe flooding and the displacement of residents.

Section IV. U.S. Government Policy and Engagement

U.S. embassy officials regularly advocated with a range of government officials for religious freedom and the reform of relevant laws and decrees, including those associated with implementing the 2016 decree, to ensure they were consistent with international human rights standards.  In frequent exchanges with MOHA, the Ministry of Foreign Affairs, the National Assembly’s Department of Ethnic and Religious Affairs, and the LFNC Religious Affairs Department, embassy officials discussed the need for swift and appropriate resolution of specific cases of harassment, cumbersome registration procedures, and trends in abuses of religious freedom.  Embassy officials regularly followed up on developments with religious leaders and government officials.

In October the embassy sponsored the director general of the Religious Affairs Department at the LFNC to join a three-week program in the United States on interfaith dialogue and religious freedom.  Also in October an embassy official attended a four-day workshop on religious freedom in Bolikhamxai Province, organized by MOHA.  Embassy officials encouraged the government to continue holding these workshops.

Embassy officials regularly met with representatives from different religions and advocacy groups to address religious equality concerns and to gain a better understanding of the issues faced by minority religious groups.

Malaysia

Executive Summary

The constitution states Islam is the “religion of the Federation; but other religions may be practiced in peace and harmony.”  Federal and state governments have the power to mandate doctrine for Muslims and promote Sunni Islam above all other religious groups.  Other forms of Islam are illegal.  Those differing from the official interpretation of Islam continued to face adverse government action, including mandatory “rehabilitation” in centers that teach and enforce government-approved Islamic practices.  Sedition laws criminalize speech that “promotes ill will, hostility, or hatred on the grounds of religion.”  The government maintains a parallel legal system, with certain civil matters for Muslims covered by sharia.  The relationship between sharia and civil law remains unresolved in the legal system.  In January the country’s highest court unanimously overturned a 2015 Court of Appeal decision and ruled minors could only convert to Islam with the consent of both parents.  The court held it had jurisdiction over the administrative decisions of sharia authorities and such jurisdiction could not be abrogated by a constitutional amendment by parliament.  In December the country’s human rights commission concluded an investigation into the 2017 abduction of a Christian pastor and was expected to report to parliament in 2019.  The wife of a social activist who reportedly promoted Shia teachings and disappeared in 2016 said a police officer told her security forces were responsible for the disappearance of both her husband and the Christian pastor.  The retired local head of the security force who was named by the wife denied responsibility.  The government continued to bar Muslims from converting to another religion without approval from a sharia court and imposed fines, detentions, and canings on those classified under the law as Muslims who contravened sharia codes.  Religious converts from Islam to another religion had difficulty changing their religion on their national identification cards.  The High Court ruled in July that Selangor State religious authorities did not have jurisdiction over the Ahmadiyya community because they were not recognized as Muslims.  State religious authorities appealed the decision.  Non-Muslims continued to face legal difficulty in using the word “Allah” to denote God.  Non-Sunni religious groups continued to report difficulty in gaining registration as nonprofit charitable organizations or building houses of worship.  Some political parties criticized the government for appointing non-Muslims to high-level positions, including attorney general.

Local human rights organizations and religious leaders again stated society continued to become increasingly intolerant of religious diversity.  In October a member of parliament received death threats after urging the government to ratify a UN declaration on the elimination of religious intolerance.  A Sarawak State legislator received online death threats in February for representing four individuals who sought to convert from Islam.  In November violence broke out after as many as 200 individuals, reportedly hired by a real estate developer claiming ownership of the land, entered a Hindu temple and attempted to forcibly evacuate devotees.  Police arrested a man for two incidents of vandalism at a church and Hindu temple in Kelantan State.

U.S. embassy officials regularly discussed with government officials at the Ministry of Home Affairs, Ministry of Foreign Affairs, and Prime Minister’s Department, among others, issues including constitutional guarantees of freedom of religion, increasing religious intolerance and avoiding the denigration of religious minorities, the unilateral conversion of children by one parent without the permission of the other, and the disappearances of three Christians and a Muslim activist.  Embassy representatives met with members of religious groups, including minority groups and those whose activities were limited by the government, to discuss the restrictions they faced and strategies for engaging the government on issues of religious freedom.  The embassy enabled the participation of religious leaders and scholars in visitor exchanges and conferences that promoted religious tolerance and freedom.  A visiting Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor urged officials to lift restrictions on religious freedom, including discrimination against the Ahmadiyya Muslim community and impediments to conversion for Muslims, and raised concerns about the disappearance of the Christian pastor and social activist.

Section I. Religious Demography

The U.S. government estimates the total population at 31.8 million (July 2018 estimate).  Figures from the most recent census in 2010 indicate that 61.3 percent of the population practices Islam; 19.8 percent, Buddhism; 9.2 percent, Christianity; 6.3 percent, Hinduism; and 1.3 percent, Confucianism, Taoism, or other traditional Chinese philosophies and religions.  Other religious groups include animists, Sikhs, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints, and Baha’is.  Almost all Muslims practice Sunni Islam of the Shafi’i school.  Ethnic Malays, defined in the federal constitution as Muslims from birth, account for approximately 55 percent of the population.  Rural areas – especially in the east coast of peninsular Malaysia – are predominantly Muslim, while the states of Sabah and Sarawak on the island of Borneo have relatively higher numbers of non-Muslims.  Two-thirds of the country’s Christian population inhabit the East Malaysian states of Sabah and Sarawak.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The federal constitution states, “every person has the right to profess and practice his religion,” but gives federal and state governments the power to control or restrict proselytization to Muslims.  The constitution names Islam as the “religion of the Federation,” and gives parliament powers to make provisions regulating Islamic religious affairs.  Federal law allows citizens and organizations to sue the government for constitutional violations of religious freedom.  Federal and state governments have the power to “control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.”  The constitution identifies the traditional rulers, also known as sultans, as the “Heads of Islam” within their respective states.  Sultans are present in nine of the country’s 13 states and are the highest Islamic authority; in the remaining four states and the Federal Territories, the highest Islamic authority is the king.  Islamic law is administered by each state.  The office of mufti exists in every state to advise the sultan in all matters of Islamic law.  Sultans oversee the sharia courts and appoint judges based on the recommendation of the respective state Islamic religious departments and councils who manage the operations of the courts.  In states with no sultan and in the Federal Territories, the king assumes responsibility for this process.

Federal law has constitutional precedence over state law, except in matters concerning Islamic law.  A constitutional amendment provides that civil courts have no jurisdiction with respect to any matter within the jurisdiction of the sharia courts.  In a January Federal Court ruling in a case involving conversion of minors, however, the court held it had jurisdiction over the procedures of the sharia administrative authority in the case, and that such jurisdiction could not be abrogated by a constitutional amendment by parliament.

The Shariah Judiciary Department (JKSM) is the federal agency charged with coordinating the sharia courts.  The federal Department of Development of Islam (JAKIM) is the permanent secretariat of the federal Fatwa Committee, which consists of 14 muftis, one from each state and one representing the Federal Territories.  The Sharia and Civil Technical Committee within the Attorney General’s Chambers oversees the process of sharia lawmaking at the federal level.  A 1996 fatwa, supported by state laws, requires the country to follow only Sunni teachings of the Shafi’i school and prohibits Muslims from possessing, publishing, or distributing material contrary to those teachings.

Muslims who seek to convert to another religion must first obtain approval from a sharia court to declare themselves “apostates.”  Sharia courts seldom grant such requests, especially for those born a Muslim, and are reluctant to allow conversion for those who had previously converted to Islam.  Penalties for apostasy vary by state.  In the states of Perak, Melaka, Sabah, and Pahang, apostasy is a criminal offense punishable by a fine or jail term.  In Pahang, up to six strokes of the cane may also be imposed.  The maximum penalty for apostasy in the states of Kelantan and Terengganu is death.  These laws have never been enforced, and their legal status remains untested.  Nationally, civil courts generally cede authority to sharia courts in cases concerning conversion from Islam.  In some states, sharia allows one parent to convert children to Islam without the consent of the second parent.

A minor (under the age of 18, according to federal law) generally may not convert to another faith without explicit parental permission; however, some states’ laws allow conversion to Islam without permission after age 15.  In January the Federal Court, the country’s highest, unanimously overturned a 2015 Court of Appeal ruling that had previously upheld the unilateral conversion of children by a sharia court without the consent of both parents.  The judgment said civil courts had jurisdiction to exercise supervisory powers over administrative decisions of state Islamic authorities.

Sedition laws regulate and punish, among other acts, speech considered hostile to ethnic groups, which includes speech insulting Islam.  Convictions can result in prison sentences of three to seven years, or up to 20 years if there is physical harm or damage to property.  The law also bars speech that “promotes ill will, hostility, or hatred on the grounds of religion.”

Under sharia, which differs by state, individuals convicted of “deviant” religious activity face up to three years in prison or a 5,000 ringgit ($1,200) fine for “insulting” Islam.

JAKIM and state Islamic authorities prepare Friday sermons for congregations as well as oversee and approve the appointment of imams at mosques.  JAKIM and state Islamic officials must formally approve all teachers of Islam before they may preach or lecture on Islam in public.

There is no legal requirement for non-Muslim religious groups to register, but to become approved nonprofit charitable organizations, all groups must register with the government’s Registrar of Societies (RoS) by submitting paperwork showing the organization’s leadership, purpose, and rules, and paying a small fee.  These organizations are legally required to submit annual reports to the RoS to remain registered.  The RoS may inspect registered organizations and investigate those suspected of being used for purposes “prejudicial to public peace, welfare, good order, or morality.”

Tax laws allow a tax exemption for registered religious groups for donations received and a tax deduction for individual donors.  Donors giving zakat (tithes) to Muslim religious organizations receive a tax rebate.  Donors to government-approved charitable organizations (including some non-Muslim religious groups) may receive a tax deduction on the contribution rather than a tax rebate.

Under sharia, caning is permitted in every state.  Offenses subject to caning, sometimes in conjunction with imprisonment, include consensual same-sex sexual relations, prostitution, kidnapping, rape, and robbery.

The law forbids proselytizing of Muslims by non-Muslims, with punishments varying from state to state, and including imprisonment and caning.  The law allows and supports Muslims proselytizing others.  The law does not restrict the rights of non-Muslims to change their religious beliefs and affiliation.  A non-Muslim wishing to marry a Muslim must convert to Islam for the marriage to be officially recognized.

State governments have exclusive authority over allocation of land for, and the construction of, all places of worship, as well as land allocation for all cemeteries.

All Islamic houses of worship – including mosques and surau (prayer rooms) – fall under the authority of JAKIM and corresponding state Islamic departments; officials at these departments must give permission for the construction of any mosque or surau.

Islamic religious instruction is compulsory for Muslim children in public schools; non-Muslim students are required to take nonreligious morals and ethics courses.  Private schools may offer a non-Islamic religious curriculum as an option for non-Muslims.

Sharia courts have jurisdiction over Muslims in matters of family law and religious observances.  Non-Muslims have no standing in sharia proceedings, leading to some cases where sharia court rulings have affected non-Muslims who have no ability to defend their position or appeal the court’s decision, most frequently in rulings affecting custody, divorce, inheritance, burial, and conversion in interfaith families.  The relationship between sharia and civil law remains largely unresolved in the legal system.  Two states, Kelantan and Terengganu, have symbolically enacted hudood (the Islamic penal law) for Muslims, although the federal government has never allowed the implementation of the code.  The states may not implement these laws without amendments to federal legislation and the agreement of the sultan.

The legal age of marriage is 16 for Muslim females and 18 for Muslim males, except in Selangor State, where Muslim females must be 18.  Sharia courts may make exceptions for marriage before those ages with the permission of their parents.  Non-Muslims must be 18 to marry but may marry as young as 16 with the approval of their state’s chief minister.  In September the Selangor State legislature raised the minimum age to marry for both male and female Muslims to 18.

National identity cards specify religious affiliation, and the government uses them to determine which citizens are subject to sharia.  The cards identify Muslims in print on the face of the card; for members of other recognized religions, religious affiliation is encrypted in a smart chip within the identity card.  Married Muslims must carry a special photo identification of themselves and their spouse as proof of marriage.

JAKIM coordinates the pilgrimage (Hajj), endowment (waqaf), tithes (zakat), and other Islamic activities.

The country is not a party to the International Covenant on Civil and Political Rights.

Government Practices

In January police charged a man with kidnapping and extortion in the February 2017 abduction of Christian Pastor Raymond Koh.  The Malaysian Human Rights Commission (SUHAKAM) then suspended its public inquiry into the matter following a request from the inspector general of police, who cited a law that SUHAKAM may not investigate any complaint that is the subject of a court proceeding.  Some civil society members said the arrest was an attempt by police to stop SUHAKAM’s public inquiry.  SUHAKAM reopened its investigation in August, stating the subject matter of the inquiry and the police investigation were different.  Media reported SUHAKAM ended its inquiry on December 7, after hearing the testimonies of 16 witnesses.  The inquiry panel was expected to present its findings and recommendations to parliament in 2019.

In May the wife of Amri Che Mat, a Muslim social activist accused of spreading Shia teaching, filed a police report after she said a police officer told her members of the Royal Malaysian Police Special Branch’s Social Extremism Division (E2) were involved in her husband’s disappearance in 2016 as well as Pastor Koh’s.  The retired E2 official named by Mat’s wife said he was not involved.  Throughout the year, SUHAKAM continued investigating the case as well as that of Christian Pastor Joshua Hilmy and his wife Ruth, who also disappeared in 2016.

In September two Muslim women were publicly caned after the Terengganu State sharia court found them guilty of attempting same-sex relations.  In September Terengganu’s sharia court sentenced a thirty-year-old woman to be caned and a six-month jail term for prostitution.

Legal experts said the January Federal Court ruling on conversion of minors reaffirmed civil courts’ oversight role in administrative affairs, including the administrative acts of state Islamic religious authorities.  The Registrar of Muallafs (Converts) in Perak State had issued certificates of conversion for the minors in 2009 to their father without fulfilling the mandatory statutory requirements, thus “misconstruing the limits of its power and acting beyond its scope,” according to the court’s judgment.  The decision came as part of a suit brought by Indira Gandhi, a Hindu, whose ex-husband converted to Islam and unilaterally converted their three minor children, and then successfully petitioned a sharia court for sole custody.  As part of its decision, the Federal Court declared both parents must consent to the conversion of a minor child and found the children’s conversion to be “null and void.”  In doing so, the court overruled a 2015 Court of Appeal decision in favor of the father and upheld a 2009 High Court decision setting aside the certificates of conversion.

Despite calls from the court for police to locate Indira Gandhi’s ex-husband and their youngest child, whom he abducted in 2009, both remained missing at year’s end.  An Islamic nongovernmental organization (NGO), the Muslim Scholars Association of Malaysia, said religious violence could break out were police to continue their search for the ex-husband and child.  A coalition of Islamic NGOs later filed an application to review the Federal Court ruling, arguing that only a sharia court could determine whether someone is Muslim or non-Muslim; the case remained undecided at year’s end.

According to media reports, critics of the Indira Gandhi ruling included the Muftis of Perak and Pahang and the Malaysian Islamic Organization Consultative Council.  The council said the decision conflicted with the views of the majority of ulama and undermined the provision of the constitution that stipulated the jurisdiction of a sharia court could not be disputed.  Supporters of the ruling included the Women’s Aid Organization and the Malaysian Human Rights Society, which said the decision resolved issues in cases where the nonconverting spouse had been left without remedy in the civil courts.

Citing the Indira Gandhi decision, a lower court ruled in October that the unilateral conversion of two minor children by their mother, who converted to Islam after their birth, was invalid.  Despite the court decisions, some members of civil society said questions surrounding unilateral conversions of minors would remain outstanding until the federal parliament clarified the issue through legislation.

It remained difficult for those registered as Muslims to have their religious identification changed by the authorities.  In April the Court of Appeal dismissed an application made by a woman born out of wedlock to a Muslim-Buddhist couple and raised by her Buddhist mother to be declared a non-Muslim and therefore to remove “Islam” from her national identity card.

In a case involving conversion by adults, the Federal Court dismissed in February an appeal by four individuals from Sarawak State who wished to have their cases considered in a civil court, ruling the state’s sharia court was the proper court for apostasy cases.

Lawyers, civil liberty groups, and non-Muslim religious leaders said that when civil and sharia jurisdictions intersected, civil courts continued largely to give deference to sharia courts, creating situations where sharia judgements affected non-Muslims.

In June a 41-year-old Muslim Malaysian man married an 11-year-old Muslim Thai girl in Thailand and moved back with her to Malaysia.  Despite public outrage over the matter, Deputy Prime Minister Wan Azizah Wan Ismail said the Malaysian government was powerless to act, as Islamic courts have jurisdiction over the issue of marriage between Muslims.  The prime minister, deputy prime minister, and other government officials said they would work to increase the minimum age of marriage to 18 years for all men and women.  By year’s end, Selangor State changed the official age of marriage to 18 years.

In July the minister for religious affairs said the government planned to present three new bills – the Anti-Discrimination Act, National Harmony and Reconciliation Commission Act, and Religious and Racial Hatred Act – to parliament that would criminalize “humiliating religion and race” and impose penalties of up to seven years in jail and a fine up to 100,000 ringgit ($24,200).  By year’s end, the government had not introduced the bills for parliamentary consideration; some civil society groups expressed concern the legislation could curtail lawful free speech.

The Pakatan Harapan coalition government, which took power for the first time following federal elections in May, indicated that it would continue to enforce a 1996 fatwa declaring Shia teachings “deviant.”  Unlike in previous years, there were no reports of religious authorities arresting Shia Muslims for observing Ashura.  Media reported, however, that religious authorities in Kuala Lumpur and Selangor State increased monitoring of Shia individuals to prevent Ashura gatherings and distributed leaflets condemning “deviant practices.”  Officials in Kelantan State raided a Shia religious center in August and detained 10 individuals.  When the federal minister for religious affairs stated publicly that the constitution protects the rights of minority communities, including Shia, Zahid Hamidi, president of the opposition United Malays National Organization (UMNO), said his party would oppose the spread of Shia teachings.

Prime Minister Mahathir Mohamad told the Associated Press in August, “Anti-Semitic is a term that is invented to prevent people from criticizing the Jews for doing wrong things.”  In October he repeated his statement from the 1970s that Jews are “hook-nosed” and that the number of Jews killed in the Holocaust was not six million.

JAKIM continued to implement established federal guidelines concerning what constituted deviant Islamic behavior or belief.  State religious authorities generally followed these guidelines.  Those differing from the official interpretation of Islam continued to face adverse government action, including mandatory “rehabilitation” in centers that teach and enforce government-approved Islamic practices.  The government forbade individuals to leave such centers until they completed the program, which varied in length, but often lasted approximately six months.  These counseling programs continued to be designed to ensure the detainee adopted the government’s official interpretation of Islam.

State Islamic religious enforcement officers continued to have the authority to accompany police on raids of private premises and public establishments, and to enforce sharia, including for violations such as indecent dress, distribution of banned publications, alcohol consumption, or khalwat (close proximity to a nonfamily member of the opposite sex).  An officer from the Federal Territory Islamic Affairs Religious Department testified in court in March that warrants were never produced during any of the raids in which he was involved on such issues.  In October The Star reported the minister for religious affairs indicated the government was not interested in what went on behind closed doors, but only what happened in the “public sphere.”  The government, however, subsequently demanded an apology from The Star for reporting the government would stop “khalwat raids.”

According to some state laws, Muslims could be fined 1,000 ringgit ($240) if they did not attend “counseling” after being found guilty of wearing what authorities deemed to be immodest clothing.  The Kelantan State Islamic Affairs Department issued notices to more than 300 individuals from January through June for wearing clothing deemed un-Islamic, such as women wearing tight clothing, and behaving indecently in public.  The notices required the individuals to attend counseling sessions; however, a representative of the Islamic Affairs Department said only 20 percent complied with the order.  The representative said the department would pursue legal action if the accused did not attend a counseling session after receiving a second notice.  In July media reported the Kota Baru municipal council in Kelantan would consider employees’ adherence to Islamic dress codes when evaluating food outlets’ cleanliness.

In March a woman said Kota Baru municipal council officials stopped her from working as a master of ceremonies during a children’s event, saying that Muslim women could not speak into microphones because a woman’s voice should not be heard by unrelated men.

In October the Terengganu State tourism department issued 11 guidelines for music and dance events, including segregation of male and female performers and audience members and the requirement that female performers only sing and dance in front of an all-female audience in a closed venue.  In response to the announcement, the NGO Sisters in Islam (SIS) said, “The government’s readiness to resort to guidelines that impose their archaic worldview endangers the progress of all Malaysian women and their right to participate fully and equally in this country’s socioeconomic development and public life.”

Civil society activists said the government selectively prosecuted speech allegedly denigrating Islam and largely ignored criticisms of other faiths.  In April a court fined a woman 5,000 ringgit ($1,200) after she was convicted under the Sedition Act for posting a picture of a pork dish on social media during Ramadan in 2013 with a caption that said “Happy breaking of the fast.”  Weeks before federal elections in May, then Minister of Federal Territories Tengku Adnan warned voters against voting for a largely ethnic Chinese party because many of its members were evangelical Christians.  “If they are Catholics I would believe them, but when they are evangelists, new Christians, this is the problem,” he said.  The same month, the Mufti of the Federal Territories said Islam permitted voting for non-Muslims but said voters must ensure “that the country’s top posts, such as prime minister, Islamic affairs [minister], and national defense [minister], remain to be held by qualified Muslims only.”

During a speech in February, then Prime Minister Najib Razak promised supporters “all of you will be able to perform the Hajj” if they returned his party to power in upcoming elections.

Some politicians, Islamic leaders, and NGOs opposed the government’s plan to sign the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), saying it would strip away ethnic Malay privileges and threaten Islam’s position as the country’s official religion.  The president of the Pan-Malaysian Islamic Party (PAS) said, “We must oppose (it) because it is compulsory for Muslims to say that Islam is correct.  We can give rights to other religions but to say that other religions are the same as Islam is unacceptable.”  Following opposition from Islamic and ethnic Malay groups, the government announced in November it would not ratify the convention.  As many as 50,000 individuals rallied in downtown Kuala Lumpur on December 8 to celebrate the government’s rejection of ICERD.  Referring to opposition parties, Foreign Minister Saifuddin Abdullah said some Malaysians appeared “allergic” to the idea of human rights, according to Al Jazeera.

Officials at the federal and state levels oversaw Islamic religious activities, distributed all sermon texts for mosques to follow, used mosques to convey political messages, and limited public expression of religion deemed contrary to Sunni Islam.  In March media reported sermons in Selangor State no longer included language referring to Shia Islam as “deviant,” although officials said the decision was to shorten the length of the sermons and represented no change in policy.

During the year, Islamic authorities in the states of Perak and Johor banned several Muslim preachers from delivering sermons because they were deemed “divisive.”  One of the banned preachers had questioned the Sultan of Johor for publicly criticizing a laundromat that did not allow non-Muslim customers.

In May members of PAS criticized the Sabah State government’s decision to revive construction of a statue of the Taoist and Chinese Buddhist goddess Mazu, saying such a statue would challenge “the sensitivities of the [Muslim] community.”

The government continued to maintain restrictions on religious assembly and provisions, which denied certain religious groups the ability to register as charitable organizations.  Many churches and NGOs continued to find registration difficult, with the RoS denying or delaying many applications without explanation or for highly technical reasons.  Representatives of religious groups continued to say the registrar had no consistent policy or transparent criteria for determining whether to register religious groups.  In cases in which the government refused to register a religious group, the group could pursue registration as a company.  Religious groups reported that registering as a company was generally relatively quick and provided a legal basis for conducting business, did not limit the group’s religious activities, and allowed the organization certain activities such as holding a bank account and owning property, but did not give the organization tax-exempt status or government funding.  Examples of groups that continued to be registered as companies included Jehovah’s Witnesses and The Church of Jesus Christ of Latter-day Saints.

Federal and state governments continued to forbid religious assembly and worship for groups considered to be “deviant” Islamic groups, including Shia, Ahmadiyya, and Al-Arqam.  While Ahmadi Muslims in the country reported generally being able to maintain a worship center, government religious authorities did not allow them to hold Friday prayers as these could only be performed in an officially registered mosque.  The High Court ruled in July that the Selangor State religious authorities did not have jurisdiction over the Ahmadiyya community because they were not recognized as Muslims.  Ahmadiyya community leaders expressed optimism about the ruling, seeing it as a new protection of their freedom to worship without harassment by the state’s Islamic authorities.  Some civil society members, however, expressed concern that the Ahmadiyya community’s recognition as a non-Muslim group could have symbolic and practical implications.  The Selangor State Islamic Department appealed the decision and the case remained pending at year’s end.  Local authorities have permitted billboards proclaiming “Ahmadis are not Muslims” to be placed in front of the group’s headquarters for the past several years.

In September the Federal Territories Islamic Religious Department (JAWI) investigated a public awareness campaign event in Kuala Lumpur organized by “Who Is Hussain?” – a UK-based organization JAWI said was proselytizing Shia teachings.  No one was arrested in connection with the event, which involved the distribution of free donuts to commuters at a train station.

Restrictions remained on the use of the word “Allah” by non-Muslims.  An appeal by the Sidang Injil Borneo, an evangelical Christian church based in Sabah and Sarawak, for the right of the church and its Malay language-speaking congregation to use the word “Allah” in Bibles and other religious publications remained ongoing.

The government continued to ban books for promoting Shia beliefs, mysticism, and other beliefs the government determined “clearly deviated from the true teachings of Islam.”  In April the government announced it had banned six publications “deemed to contain elements that cause confusion among the people and are contrary to Islam’s Ahli Sunnah Wal Jamaah (Sunni) teachings.”  In January the Court of Appeal ruled a 2015 ban on three books by novelist Faisal Musa violated the author’s freedom of speech.  The previous government appealed the decision, but in October the new government withdrew the appeal and instructed the Ministry of Home Affairs to remove the titles from its list of banned publications.

Non-Muslim groups continued to report regular difficulties in obtaining permission from local authorities to build new places of worship, leading many groups to use buildings zoned for residential or commercial use for their religious services.  Observers said this practice remained largely tolerated, but left the religious groups vulnerable.  In December Minister for Housing and Local Government Zuraida Kamaruddin said the government was preparing to register all existing houses of worship and their location.  According to The Straits Times, the minister said houses of worship located on land not belonging to them would have to move.  The ministry was drafting regulations to make it compulsory for all proposed houses of worship to acquire government approval before building.

In February at the 69th session of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), a delegate from the Attorney General’s Office and other Malaysian delegates said female circumcision was and should be observed by Muslims per a 2009 decision by the national fatwa committee, although there was an exception for health reasons.  NGOs said the procedure practiced in Malaysia qualified as Female Genital Mutilation according to the UN CEDAW definition.

Some government bodies, including the federal Department of National Unity and Integration, were tasked with encouraging religious harmony and protecting the rights of minority religious groups.  Many faith-based organizations, however, continued to state they believed that none had the power and influence of those that regulated Islamic affairs, citing the large footprint and budget for JAKIM, compared to the more limited funding for the Department of National Unity and Integration.  The Department of National Unity and Integration’s annual budget was approximately 275 million ringgit ($66.59 million), while 1 billion ringgit ($242.13 million) was marked for the development of Islam, including 811 million ringgit ($196.37 million) for JAKIM.

During the year, JAKIM continued to fund a wide variety of Islamic education and mosque-related projects.  There were no specifically allocated funds in the government budget for non-Muslim religious groups, although some religious groups reported continuing to receive sporadic funding for temple and church buildings and other activities.

At public school primary and secondary levels, student assemblies frequently commenced with recitation of an Islamic prayer by a teacher or school leader.  Particularly in the peninsula of the country, community leaders and civil liberties groups said religion teachers in public schools pressured Muslim girls to wear the tudong (Islamic head covering) at school.  Some private schools required Muslim girls to wear veils covering their faces, except for their eyes.  Homeschooling remained legal, but some families continued to report difficulty in obtaining approval from the Ministry of Education.

A civil liberties activist called attention to the contents of an Islamic studies supplementary book for secondary school students that promoted death for apostates.

In August a judge on the Court of Appeal who had disagreed with that court’s 2015 decision allowing unilateral conversion of children to Islam said he was reprimanded by a senior judge and was ostracized and not assigned to certain cases as a result of his view.

The government continued not to recognize marriages between Muslims and non-Muslims and considered children born of such unions illegitimate.  The government continued its appeal of a 2017 ruling by the Court of Appeal that the National Registration Division was not bound by edicts issued by the National Fatwa Committee, a religious body, regarding when a child conceived out of wedlock could take his or her father’s name.  Implementation of the court’s decision remained stayed pending the appeal.  The 2003 edict declared children illegitimate, and therefore unable to take their father’s name, if they were born fewer than six months after the marriage of their parents.

On June 5, the government announced Tommy Thomas as the new Attorney General, the first non-Muslim, non-Malay to hold the post.  In July a member of PAS said the government’s appointment of non-Muslims to senior positions, including to the positions of attorney general, chief justice, and minister of legal affairs, would weaken sensitivity to legal matters involving Islam and Muslims.  The prime minister responded, “We will establish a government that upholds the laws and the constitution of the country and we will not do anything contrary to Islam.”  In September PAS stated it would focus on advocating for “Islamic leadership” given what it said was the low number of Muslims in parliament.

In November police in Kedah State arrested and later deported four foreign nationals for allegedly distributing religious materials that contained excerpts from the Bible.  The individuals were investigated for causing disharmony or ill will and violating the conditions of their visas.  Authorities in Penang State arrested five foreign nationals earlier in the month for similar offenses.

Section III. Status of Societal Respect for Religious Freedom

Local human rights organizations and religious leaders again said society continued to become increasingly intolerant of religious diversity.  They cited some Muslim groups’ continuing public condemnation of events and activities they said were “un-Islamic,” as well as heavily publicized statements targeting non-Sunni Muslims and non-Muslim groups.  In August UMNO’s youth chief called on Minister of Defense Mohamad Sabu to explain his presence at a ceremony allegedly held at a Shia religious center in southern Thailand.  Some Islamic groups accused the minister of being a closeted adherent of Shia teachings.  In May the chief minister of Melaka State faced similar accusations.  In November Islamic leaders, including the Mufti of Pahang State, defended the 1996 fatwa banning Shia teachings in the country as justified after a social activist called for the fatwa’s repeal.  The mufti called Shia practices “deviant” and “destructive to the purity of Islam.”

On November 26, violence broke out near Sri Maha Mariamman Hindu temple in Subang Jaya, Selangor, after as many as 200 masked individuals, who temple devotees said were hired by a real estate developer claiming ownership of the land, entered the temple and attempted to forcibly remove devotees.  According to The Straits Times, at least a dozen individuals were injured and 20 vehicles torched.  A fireman later died from injuries sustained while responding to the incident.  In total 83 individuals were arrested.  As video of the event went viral online, speculation of a riot between the two groups emerged, but police and government officials later characterized the matter as a local land dispute and initiated legal action against those responsible.

In October a member of parliament received death threats after she urged the government to ratify the UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.  In response, Malay rights group Perkasa said it would ask police to investigate her for sedition, and Ismaweb said her actions promoted apostasy.  A Sarawak State legislator received online death threats in February related to his work representing four individuals who sought to convert from Islam to another religion.

In January police arrested a 24-year-old man suspected of involvement in a fire that destroyed 40 percent of a Buddhist temple in Negeri Sembilan State.  CCTV footage reportedly showed the suspect stealing money from the temple’s office before the fire started.  The same month, police arrested a man for suspected involvement in two acts of vandalism at a church and Hindu temple in Kelantan State.  Three people were injured in a “water bomb” attack at a church in a Kuala Lumpur suburb following a New Year’s Eve prayer session, although police later said in a statement, “It is believed that the incident has nothing to do with any form of religious hatred.”

Religious converts, particularly those converting from Islam, sometimes faced severe stigmatization.  In many cases, converts reportedly concealed newly adopted beliefs and practices from their former coreligionists, including friends and relatives.

In November the NGO Islamic Renaissance Front said Shia and Ahmadi Muslims faced more restrictions than non-Muslims, and urged the new government to move away from a “right-wing and supremacist” narrative to one based on universal human rights.

Religious identities continued to affect secular aspects of life.  Muslim women who did not wear the headscarf or conform to religious notions of modesty were often subject to shaming in public and on social media.  In January police arrested a man who admitted to assaulting a woman at a bus stop because he was angry that she was not wearing a head scarf.

Some Muslim groups criticized the minister of defense after media published a photo of him shaking hands with the U.S. Ambassador, a woman, arguing that Islam forbids unrelated men and women from touching.

A group of men raided a convenience store in the Perak State in May and demanded the owners stop selling alcohol, as the majority of the community’s residents were Muslim.  The group reportedly threatened strong action against the store’s owners if their demands were not met.  Police opened an investigation into the incident and encouraged the public to refrain from taking action in such cases and instead to file a police report.

In October Islamic groups, including PAS members, pressured the government to ban Oktoberfest events saying the events were offensive to Muslims.  At least two state governments announced they would not issue permits for Oktoberfest activities, although later they said they did not receive any applications for such events.

Malls and other commercial venues said they scaled back on decorations celebrating Chinese Lunar New Year, which in 2018 was associated with the zodiac symbol of a dog, for fear of offending Muslims who may see dogs as unclean animals.  Some businesses admitted they removed images of dogs from their advertising.  In a statement, the director of JAKIM said, “Even though Chinese New Year uses an animal as a symbol, all quarters should respect this and maintain racial harmony.”

In November pieces of what was believed to be pork were thrown into two surau (prayer rooms) in Malacca State.  Police investigated the incident under the penal code, which outlaws injuring and defiling a place of worship with the intent to insult.

Religious groups hosted interfaith and intercultural celebrations throughout the year.  In June Muslims at the Al-Faizin mosque in Kuala Lumpur invited individuals of all faiths to share in the spirit of Ramadan for the first time since the mosque’s establishment.  In December the Petaling Jaya Sri Sithi Vinayagar Temple held an interfaith cultural celebration with representatives from 22 religious organizations attending.

Section IV. U.S. Government Policy and Engagement

U.S. embassy officials engaged with a wide variety of federal and state government officials at the Ministry of Home Affairs, Ministry of Foreign Affairs, and Prime Minister’s Department as well as other agencies, on religious freedom and tolerance issues throughout the year, including concerns about the denigration of religious minorities and the unilateral conversion of children.  The Ambassador and a visiting Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor raised concerns about the disappearance of Pastor Raymond Koh, Pastor Joshua Hilmy and his wife Ruth, and Amri Che Mat and urged government officials to lift restrictions on religious freedom and speak out against religious intolerance.

In November the Ambassador and federal minister of unity and social wellbeing led a “Harmony Walk” to several houses of worship in Kuala Lumpur in celebration of the UN International Day for Tolerance.  The event emphasized the centrality of freedom of religion and interfaith dialogue in reducing intolerance, discrimination, and persecution and underscored the U.S. government’s commitment to ensuring all individuals are able to exercise their freedom of belief or nonbelief.  The embassy posted a video of the event on social media and received largely positive feedback.

Embassy officials met with members of Shia and Ahmadiyya Muslim groups; the groups detailed the heavy government restrictions on their religious activities and continued societal discrimination.  The embassy engaged groups of Sunni Muslims whose activities were limited by the government, such as SIS, G25, Islamic Renaissance Front, and Komuniti Muslim Universal.

The embassy broadcast messages related to religious freedom on its social media platforms on International Religious Freedom Day and throughout the year.

In March the embassy funded a university professor to participate in a global conference for female Muslim lawyers on the topic of Islamic law and leadership.

In June the Ambassador recorded a video message highlighting the importance of pluralism and religious tolerance.  The state broadcaster distributed the video during Ramadan.

In July the embassy supported a six-day program on artistic freedom and expression that promoted tolerance and inclusion among different faiths.

In October the embassy sponsored the visit of four prominent religious leaders to communities across the United States where they observed interreligious cooperation and youth engagement.

Philippines

Executive Summary

The constitution provides for the free exercise of religion and religious worship and prohibits the establishment of religion by law.  On July 26, President Rodrigo Duterte signed the Bangsamoro Organic Law (BOL), which the government said would address the aspirations of Muslim and other separatist groups in Mindanao.  The signing took place after years of negotiations between the government and separatist groups in Mindanao, aimed at creating lasting peace in the region.  The Catholic Church expressed concern over the killings of three priests that the press reported were politically motivated.  Church leadership criticized the president’s policies, and the president made several statements critical of the Catholic Church and its doctrines.  In December he stated people should kill bishops, but his spokesperson said this was hyperbole.  He also made statements aimed at improving his relationship with the Catholic Church and the government’s relationship with persons of all faiths.  The Office of the President’s National Commission on Muslim Filipinos (NCMF) continued to promote the rights of Muslims at the national and local level, and the Department of Education continued to promote the standardization of Arabic language and Islamic values curricula for Muslim students in private madrassahs and public schools with 10 percent or more Muslims.  In November the NCMF began to issue standardized identification cards to Muslims to enable better access to services in government and private institutions.

During the year, ISIS-affiliated and other militant groups carried out killings, bombings, and kidnappings for ransom.  ISIS claimed responsibility for several attacks, including a July vehicle-borne improvised explosive device attack in Basilan that killed 10 persons and wounded several others.  In April a bomb explosion outside St. Anthony’s Cathedral in the capital of South Cotabato Province injured two persons; police blamed the Bangsamoro Islamic Freedom Fighters (BIFF) for the attack.

In July police officers shot and killed a gunman who entered an archbishop’s residence, with media suggesting several possible motives of the gunman.  There were instances of clan violence and societal discrimination against Muslims pursuing housing and employment opportunities, including on the basis of names and religious attire.  Public statements on the internet and social media denigrated the beliefs or practices of religious groups, particularly Muslims.

In meetings with government officials, U.S. embassy representatives discussed the implementation of the BOL and its implications for religious minorities and emphasized the importance of supporting all communities of faith, particularly in conflict areas.  In meetings with religious groups and nongovernmental organizations (NGOs), embassy representatives highlighted the importance of religious freedom and interfaith dialogue and cooperation.  In September the embassy organized an orientation seminar for interfaith-based organizations.  The two-day seminar encouraged the integration of community-based interventions and facilitated the formulation of community-level cooperation between religious groups and authorities.  The Ambassador gave remarks at public events on the importance of the value of religious freedom and tolerance.

Section I. Religious Demography

The U.S. government estimates the total population at 105.9 million (July 2018 estimate).  According to the 2015 census conducted by the Philippine Statistics Authority (PSA), 79.5 percent of the population is Roman Catholic and 9 percent belong to other Christian groups, including Seventh-day Adventists, United Church of Christ, United Methodists, Episcopal Church in the Philippines, Bible Baptist Church, other Protestant churches, Jehovah’s Witnesses, and The Church of Jesus Christ of Latter-day Saints.  Other Christian groups include locally established churches such as the Iglesia ni Cristo (Church of Christ), Philippine Independent Church (Aglipayan), Members Church of God International, the Kingdom of Jesus Christ, and the Name Above Every Name.  Approximately 6 percent of the population is Muslim, according to the PSA; the NCMF estimates that 10 to 11 percent of the total population is Muslim.  The NCMF attributes its higher estimate to the reluctance of Muslims to participate in a formal survey, failure to survey Muslim areas and communities, and transience due to internal movement of Muslims for work.  According to the PSA, approximately 4 percent of those surveyed in the 2015 census did not report a religious affiliation or belong to other groups, such as animism or indigenous syncretic faiths.

The majority of Muslims are members of various ethnic minority groups and reside in Mindanao and nearby islands in the south.  Although most are practitioners of Sunni Islam, a small minority of Shia Muslims live in the provinces of Lanao del Sur and Zamboanga del Sur on Mindanao.  An increasing number of Muslims are migrating to the urban centers of Manila and Cebu.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for the free exercise of religion and religious worship and prohibits the establishment of a state religion by law.  No religious test is required for the exercise of civil or political rights.  The constitution provides for the separation of religion and state.  The law treats intentional attacks directed against religiously affiliated buildings or facilities as war crimes or crimes against international humanitarian law.  The law forbids public officials from interrupting religious worship, as well as any person “notoriously” offending religious feelings during such services or in a place of worship.

The law requires organized religious groups to register with the Securities and Exchange Commission (SEC) and with the Bureau of Internal Revenue (BIR) to establish tax-exempt status.  Religious groups must submit their articles of faith and bylaws for SEC registration as religious corporations.  The SEC requires religious corporations to submit annual financial statements.  The law does not specify penalties for failure to register with the SEC.  To register as a nonstock, nonprofit organization, religious groups must meet the basic requirements for corporate registration with the BIR and must request tax exemption from the BIR.  The basic requirements for registration include a name verification of the religious corporation, articles of incorporation and bylaws, the name of a director, list of members, and a list of financial contributors.  The BIR provides tax exemptions to newly established religious corporations that are then reviewed for renewal every three years.  Established religious corporations may be fined for the late filing of registrations with the BIR or for failing to submit registration datasheets and financial statements.

The government permits religious instruction in public schools with written parental consent, provided there is no cost to the government.  Based on a traditional policy of promoting moral education, local public schools give religious groups the opportunity to teach moral values during school hours.  Attendance is not mandatory, parents must express in writing a desire for their child to attend religious instruction for a specific denomination, and the various groups share classroom space.  Students who do not attend religious instruction, because no class was offered in their denomination or because their parents did not express a desire, receive normal supervised class time.  The government also allows groups to distribute religious literature in public schools.  The law mandates that government agencies address religious issues and consult recognized experts on Filipino Muslim beliefs, as well as the history, culture, and identity of indigenous peoples, when formulating the national history curriculum.

By law, public schools must protect the religious rights of students.  Muslim girls may wear the hijab and are not required to wear shorts during physical education classes.

The government recognizes sharia in all parts of the country through a presidential decree.  Sharia courts are organized into five sharia districts, all located in the south of the country; Muslims residing in other areas must travel to these districts to pursue an action in a sharia court.  Sharia courts handle only cases relating to personal laws on family relations and property.  Sharia does not apply in criminal matters and applies only to Muslims.  The state court system hears cases involving Muslims and non-Muslims, and national laws apply in those cases.

The country is a party to the International Covenant on Civil and Political Rights.

Government Practices

On July 26, President Duterte signed the Bangsamoro Organic Law (BOL), previously known as the Bangsamoro Basic Law.  Pending the results of a January 2019 plebiscite, the BOL will grant additional political autonomy in majority Muslim areas and establish the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).  If ratified, the BOL will both reinforce existing legislation governing the application of sharia within the BARMM and provide an alternative dispute mechanism for non-Muslims to seek redress in the court system.

The Philippines Council of Evangelical Churches (PCEC) director, Aldrin Penamora, welcomed the passage of the BOL, saying that “the dream for peace, justice, and progress is at last becoming reality.”  Catholic Archbishop Martin Jumoad of Ozamiz said the peace agreement would be “inclusive and not discriminate against others” by ensuring that religious freedom would be respected.  Mujiv Hataman, Governor of the current Autonomous Region in Muslim Mindanao, called the agreement a milestone and said the “struggle continues” as the inhabitants of Mindanao “seek to change a culture of discrimination against our people.”

Some priests in the Catholic Church vocally criticized alleged extrajudicial killings attributed to the war on drugs under President Duterte.  In an official statement in July the Catholic Bishops Conference of the Philippines (CBCP) called attention to reported abuses under the Duterte administration, particularly the drug war killings, exchange of insults and hurtful words on social media, arrested “loiterers,” congested jails, blasphemy, and political motives.  The Catholic Church expressed concern over the killings of three priests and other serious forms of harassment reported by the press to be politically motivated.  Father Mark Anthony Venura and Father Richmond Nilo were shot in April and June 2018, respectively, and Father Marcelito Paez in December 2017.  The CBCP denounced Nilo’s killing, and church leaders called on the president to stop the “verbal prosecution” of the Church, stating that this could lead to more crimes against priests.  There were reports the motive of Nilo’s killing was his attempt to revive a rape case against an ex-seminarian.  Senate President Vicente Sotto III rejected a resolution to open a senate inquiry into the killings filed by an opposition senator, Risa Hontiveros, calling the killings a “coincidence.”  One Roman Catholic priest said there was a link between assassination attempts against him and his previous comments critical of the president regarding the war on drugs.

In November the NCMF began to issue standardized identification cards to Muslims to allow better access to services in government and private institutions.  Issuance began in the central office in Quezon City, and in 2019, all regional offices were to issue the cards.  The daily newspaper Manila Bulletin reported the cards contained a barcode with the identification number of the holder; and, according to the Facebook posting of an official, are to include other security features such as biometric data.

In April the Bureau of Immigration (BI) terminated the visa of 71-year-old Australian nun, Sister Patricia Fox, for political activism.  Church officials and human rights advocates expressed disapproval of the decision.  In July the BI ordered her deportation, which Fox appealed to the Department of Justice.  In August Fox applied to renew her missionary visa, but the BI denied her request in September.  Fox had lived in the Philippines for 28 years on a missionary visa prior to receiving a 59-day temporary visitor’s visa in September.  Fox left the Philippines on November 3 after BI refused to extend her visa.  The presidential spokesperson stated it was “a classic case of an unappreciative tourist.”

In August the Supreme Court upheld the decision of the Court of Appeals, which found Carlos Celdran guilty of “offending religious feelings” for his 2010 disruption of a Manila Cathedral service to express his views in support of “reproductive health” legislation, including access to contraception, which the Catholic Church opposed.  Celderon had asked the court to find the law under which he was charged unconstitutional.  He faced a jail sentence of two months and 21 days to one year, one month, and 11 days.

On several occasions, President Duterte expressed disapproval of the Catholic Church, describing it as a “hypocritical institution,” and discussed what he said were corruption, molestation of minors (including himself) by priests, and unaccounted donations in the Church.  The president met with the CBCP president in July and agreed to stop comments against the Church.  The CBCP issued an official letter the same day saying the persecution of church leaders was nothing compared to the suffering of the poor and of “drug addicts who are labeled as ‘non-humans.’”  In August and subsequently the president again made remarks against the Church similar to those he made in the past.  In December the president said the bishops were useless fools and told a crowd to “kill them.”  His spokesperson later said the remark was hyperbole and the president was speaking for dramatic effect.

Muslim officials reported that while Muslim prison detainees were allowed to engage in religious observances, Roman Catholic Mass was often broadcast by loudspeaker to both Catholic and non-Catholic prison populations.

In February the senate approved a bill declaring the last Monday of January as National Bible Day to celebrate the Christian faith and reflect on the scriptures.

The PCEC, along with other church groups, said the Sexual Orientation or Gender Identity Expression bill, which emphasizes the rights of the lesbian, gay, bisexual, transgender, and intersex communities and passed the third reading in the lower house in 2017, could infringe on the rights of religious communities.

The National Council of Churches in the Philippines (NCCP) stated in February that three missionaries from the United Methodist Church were forced to leave or their visas were not renewed following their participation in an international fact-finding mission to investigate alleged human rights violations.  One missionary was held by authorities for weeks, while the other two had not been allowed to leave the country.  By July 13, all three had their passports returned and left the country.  The NCCP reported that BI barred one of the three from future travel to the Philippines.

The Presidential Task Force on Interreligious and Intercultural Concerns, in partnership with the Commission on Human Rights (CHR), continued to monitor issues relating to religious freedom.  From January to August the CHR noted six reported cases of human rights violations involving eight church workers.  The CHR resolved three of the cases.  The other three remained ongoing investigations as of September.

In January the Department of Tourism announced plans to make the country a significant “religious pilgrimage destination,” by restoring and developing historical churches and shrines throughout the country.

The NCMF’s Bureau of Pilgrimage and Endowment continued to administer logistics for the Hajj, such as obtaining flight schedules, administering vaccines, coordinating with the Department of Foreign Affairs to process Hajj passports, filing Hajj visa applications at the Saudi Embassy, and conducting predeparture orientations for pilgrims.  The NCMF reported that 5,813 individuals made the pilgrimage during the year, lower than the 8,000-limit set by the Saudi Ministry of Hajj for pilgrims from the Philippines.  The NCMF said that the armed conflict in Marawi, where a large proportion of Hajj pilgrims originate, resulted in lower participation from the area.  The NCMF also administered the awqaf (an endowment for the upkeep of Islamic properties and institutions) and continued to oversee the establishment and maintenance of Islamic centers and other projects.

The Department of Education continued to support the Arabic Language and Islamic Values Education (ALIVE) program for Muslim students in public elementary schools with a Muslim population of 10 percent or greater.  For the 2017-18 school year, 1,622 public elementary schools administered the voluntary ALIVE program for 158,093 students.

Madrassahs continued to have the option of registering with the NCMF and Department of Education, both, or neither.  Registered madrassahs received government funding and produced curricula that were subject to government oversight.  There were 86 private madrassahs registered with the Department of Education, and 27 more applied for registration, but had not met all the requirements to receive funding.  Many private madrassahs chose to remain unregistered rather than allow government oversight, according to Department of Education representatives.  Some unregistered madrassahs preached radical ideologies, according to religious officials.  Only registered schools could receive financial assistance from the government.  The Department of Education’s Office of Madrassah Education managed local and international financial assistance to the private madrassah system.  The madrassahs registered by the Department of Education followed the Standard Madrassah Curriculum and received funding for classrooms, facilities, and educators who taught the Revised Basic Education Curriculum.  The overall funding for and attendance at private madrassahs increased by 10 percent from the previous year.  During 2018, the Department of Education provided a total of 67,510,000 pesos ($1.29 million) to 13,502 private madrassah students.

NCMF officials said that anti-Muslim discrimination occurred in government offices but cited no specific examples.  Some Muslim leaders, including an NCMF official, expressed concern with the low representation of Muslims in senior government and military positions.  There were 11 Muslims in the 292-member House of Representatives.  In March President Duterte spoke at the Philippine National Police Academy and urged more Muslims to join security forces and said “not all” Muslims in Mindanao were enemies.

Abuses by Foreign Forces and Nonstate Actors

The government attributed several killings, attacks, and kidnappings for ransom in the south of the country to the Maute Group and the Abu Sayyaf Group (ASG), both designated as terrorist organizations by the U.S. Department of State; the BIFF; and other ISIS-related terrorist groups.  ISIS claimed responsibility for a July vehicle-borne improvised explosive device attack in Basilan that killed 10 persons and wounded several others and that the government blamed on the ASG.  ISIS also claimed responsibility for two improvised explosive device attacks at civilian locations in Sultan Kudarat, attacks that security officials linked to a faction of the BIFF.  On April 29, a bomb went off outside St. Anthony’s Cathedral in the capital of South Cotabato Province, injuring two persons.  Police said the bomb “bore the signature of an Islamic extremist group” and blamed the BIFF.

The government continued sustained military, law enforcement, and counterterrorism operations against the Maute Group, ASG, and other ISIS-related groups.  Since religion and ethnicity are often closely linked, it was difficult to categorize many incidents as being solely based on religious identity.

Section III. Status of Societal Respect for Religious Freedom

In July police officers shot and killed a gunman who entered an archbishop’s residence in Cebu.  Police did not establish a motive, but several media outlets suggested the gunman targeted the archbishop due to his criticism of extrajudicial killings.

Violent incidents, particularly in rural areas in the south of the country, were frequently associated with interclan rido (feuds) violence.  Since religion and ethnicity are often closely linked, incidents were difficult to classify as being solely based on religious identity.

The CHR investigated reports of alleged abuses against freedom of religion but provided no examples of cases in which they stated a violation of religious freedom was confirmed.  In August the CHR received a complaint regarding the killing of Father Richmond Nilo, who was killed before saying a Mass.  Reportedly, the motive of killing was his attempt to revive a rape case against an ex-seminarian.

Religious scholars and leaders within the Muslim, Catholic, and Protestant communities said that while relations among religious groups were generally amicable, there were reports of tensions between different religious and ethnic groups, especially in conflict-affected areas such as Marawi City.  The NCMF received no formal complaints of discrimination on the grounds of Muslim religious identity during the year.  The NCMF stated, however, that subtle forms of anti-Muslim societal discrimination existed throughout the country, particularly affecting Muslims displaced during the 2017 fighting in Marawi, relocating throughout the country.  According to the National Housing Authority (NHA) and Pasig River Rehabilitation Commission, local government units were reluctant to accept Muslims in their NHA-funded housing projects.  The NCMF reported that Muslims received stares in public for wearing hijabs.

Social media comments denigrating the beliefs or practices of Muslims continued to occur.  For example, chat messages among university fraternity members promoting violence against Muslims became public in November.

Religious communities continued to participate in interreligious efforts to alleviate friction, foster connections, and address discrimination.  Multiple religious organizations reported on interfaith collaboration and the mobilization of persons of different faiths to work on community rehabilitation projects in Marawi.  Following the five-month campaign in 2017 by government forces to defeat ISIS-linked militants in Marawi, the CBCP led the interfaith “Duyog Marawi” – a peacebuilding and rehabilitation effort there.  The NCCP and the Moro Christian People’s Alliance held interfaith dialogues with one another.

Other interfaith efforts by the CBCP included training Catholic leaders on interreligious dialogue and facilitating events during World Interfaith Harmony week in February.  The PCEC served as the coconvener of the Philippine Ecumenical Peace Platform, which sought to ensure the continuation of the peace process between the government and the National Democratic Front.  Christian leaders from the region affected by the BOL initiated a series of dialogues in North Cotabato, Cotabato City, Lanao del Sur, Marawi City, Basilan, and Sulu aimed at engaging peace stakeholders, especially the Christian minority.  Participants presented their concerns about their future under the BOL in a 17-point Christian Settlers Peace Agenda for the Bangsamoro Peace Process during a two-day Moro-Christian Leaders Peace Dialogue in September.

Section IV. U.S. Government Policy and Engagement

Embassy officials met with government officials, including representatives from the Presidential Task Force on Interreligious and Intercultural Concerns, and discussed the implementation of the BOL and its implications for religious minorities and emphasized the need to affirm the importance of supporting all communities of faith, particularly in conflict areas.

The Ambassador expressed support for religious freedom and the protection of civil liberties for persons of all faiths during his public engagements.  The Ambassador met with religious leaders to discuss interfaith efforts to combat extremism and support the reconstruction of Marawi following the armed forces’ expulsion of ISIS-linked groups from the city in 2017.  Embassy officials met with the NCMF and Muslim civil society groups to discuss government protection, the promotion of religious freedom, interfaith collaboration, rebuilding Marawi City, radicalization, and the impact of foreign donor financing on religious education in Muslim communities.  In September the embassy organized an orientation seminar for interfaith organizations.  The two-day seminar encouraged the integration of community-based interventions and facilitated the formulation of community-level cooperation between religious groups and authorities.

In March the embassy funded a 12-day Institute‎ of Law, Leadership, and Conflict Resolution that brought together 40 female madrassah teachers, public school educators, and community leaders from Mindanao, Indonesia, Malaysia, and Burma.  During the institute’s first three days, the embassy sponsored two U.S. Muslim scholars who gave presentations on recognizing and countering extremist interpretations of Islamic thought, with special attention on protecting the rights of women in Muslim communities.

On May 30, the Charge d’Affaires hosted an iftar for Muslim and Christian guests at the University of the Philippines-Diliman, the country’s premier university.  He delivered remarks on religious tolerance, the importance of interfaith service projects, and the sacrifices of Muslim Filipinos protecting non-Muslims during the Marawi siege in 2017.  The iftar emphasized the importance of interreligious dialogue and youth empowerment across faiths.  Simultaneously, and as an example of interfaith cooperation, previous participants of U.S. government exchange programs organized an iftar for more than 2,000 internally displaced persons at two relocation sites in Marawi City.  During these iftars, the university students launched an embassy-sponsored project to build the capacity of Muslim university student leaders throughout the Manila metropolitan area to lead service activities in their communities.  On January 16, the embassy’s Facebook and Twitter page had postings commemorating National Religious Freedom Day.

Singapore

Executive Summary

The constitution, laws, and policies provide for religious freedom, subject to restrictions relating to public order, public health, and morality.  The government continued to ban Jehovah’s Witnesses and the Family Federation for World Peace and Unification (Unification Church).  The government restricted speech or actions it perceived as detrimental to “religious harmony.”  There is no legal provision for conscientious objection to military service, including on religious grounds, and Jehovah’s Witnesses reported nine conscientious objectors remained detained as of December.  A court convicted three Hindus in February on charges related to actions during the 2015 Thaipusam religious procession, including insulting a Muslim police officer’s religion.  The government continued to ban all religious processions on foot, except for those of three Hindu festivals, including Thaipusam, and retained limitations on the use of music in these processions.  In September the authorities introduced changes to the process for religious groups to acquire sites.  The government said these changes aimed to reduce the cost of leases and increase the number of sites available.  The government made multiple high-level affirmations of the importance of religious harmony and respect for religious differences.  Government organizations initiated regional interfaith programs and funded community-led interfaith initiatives.

A visiting foreign preacher’s reportedly anti-Muslim comments at a Christian evangelical conference in March attracted public condemnation.  The church responsible for inviting the individual initially filed a police complaint against reports on the preacher’s comments, but a church pastor later offered a public apology to the Muslim community and said that his church would be more vigilant in its selection of foreign speakers.  The Mufti of Singapore accepted the pastor’s apology.  There were numerous community-led initiatives to promote religious tolerance and build interfaith understanding.

The U.S. embassy engaged with senior government officials and religious leaders at a May iftar, during which the Charge d’Affaires gave a speech embracing religious diversity.  The Charge hosted a round table on religious freedom with young religious leaders, and met with the Imam of Ba’alwie Mosque.  Embassy representatives engaged with a variety of groups to support religious freedom including the Inter-Religious Organization (IRO), the government’s Islamic Religious Council (MUIS), the Singapore Muslim Women’s Association (PPIS), and representatives from Buddhist, Christian, Hindu, humanist, Jewish, Shia Muslim, Sikh, Sunni Muslim, and Taoist groups.  The embassy used social media to highlight its religious outreach and demonstrate appreciation of and respect for the country’s religious diversity.

Section I. Religious Demography

The U.S. government estimates the total population at 6 million (July 2018 estimate).  Of the four million individuals the local government counts as citizens or permanent residents, 81.5 percent stated a religious affiliation in the General Household Survey.  According to 2015 data, approximately 33.2 percent of the population of citizens and permanent residents are Buddhist, 18.8 percent Christian, 14 percent Muslim (predominantly Sunni), 10 percent Taoist, and 5 percent Hindu.  Groups together constituting less than 1 percent of the population include Sikhs, Zoroastrians, Jains, Jews, Jehovah’s Witnesses, and the Unification Church.  Although estimates varied widely, the government estimated there were 2,500 members in the Jewish community.

According to a 2018 report by the Department of Statistics, 74.3 percent of the resident population is ethnic Chinese, 13.4 percent ethnic Malay, 9.0 percent ethnic Indian, and 3.2 percent other, including Eurasians.  Nearly all ethnic Malays are Muslim.  According to a 2016 national survey, among ethnic Indians, 59.9 percent are Hindu, 21.3 percent Muslim, and 12.1 percent Christian.  The ethnic Chinese population includes Buddhists (42.3 percent), Christians (20.9 percent), and Taoists (12.9 percent).

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states every person has a constitutional right to profess, practice, or propagate his or her religious belief as long as such activities do not breach any other laws relating to public order, public health, or morality.  The constitution also prohibits discrimination on grounds of religion in the administration of any law or in the appointment to or employment in any office under a public authority.  It states every religious group has the right to manage its own religious affairs and it does not prohibit restrictions on employment by a religious institution.  The constitution states no person shall be required to receive instruction or take part in any ceremony or act of worship other than his or her own.

The government maintains a decades-long ban on Jehovah’s Witnesses and the Unification Church.  The government banned Jehovah’s Witnesses in 1972 on the grounds it nation was prejudicial to public welfare and order because it objected to national service, reciting the national pledge, or singing the national anthem.  A 1996 decision by the Singapore Appeals Court upheld the rights of individual members of the Jehovah’s Witnesses to profess, practice, and propagate their religious beliefs.  The government does not arrest Jehovah’s Witnesses for attending or holding meetings in private homes; however, it does not allow them to hold public meetings or publish or import their literature.  The government banned the Unification Church in 1982 on grounds it was a “cult” that could have detrimental effects on society.

The Presidential Council for Religious Harmony reports on matters affecting the maintenance of religious harmony and considers cases referred by the minister for home affairs or by parliament.  The president appoints the council’s members on the advice of the Presidential Council for Minority Rights.  The law requires two-thirds of Council for Religious Harmony members to be representatives of the major religions in the country, which according to law are Christianity, Islam, Hinduism, Buddhism, and Taoism.

The law authorizes the minister of home affairs to issue a restraining order against any person in a position of authority within a religious group if the minister ascertains the person causes feelings of enmity or hostility between different religious groups, promotes political causes, carries out subversive activities, or excites disaffection against the government under the guise of practicing religion.  Restraining orders are at the discretion of the minister, depending on the situation, and prevent a person in a position of authority within a religious group from making or participating in additional statements.  Failure to comply can result in criminal action.  Any restraining order issued must be referred to the Council for Religious Harmony, which recommends to the president that the order be confirmed, cancelled, or amended.  Restraining orders lapse after 90 days, unless confirmed by the president.  The minister must review a confirmed restraining order at least once every 12 months and may revoke such an order at any time.  The law prohibits judicial review of such restraining orders.  In addition, under the penal code, “wounding the religious or racial feelings of any person” or knowingly promoting “disharmony or feelings of enmity, hatred, or ill will between different religious or racial groups” can result in detention and or imprisonment.

The constitution states Malays are “the indigenous people of Singapore” and requires the government to protect and promote their interests, including religious interests.  The MUIS, established under the Ministry for Culture, Community, and Youth (MCCY), administers affairs for all Muslims in the country such as the construction and management of mosques, halal certification, fatwa issuances, preparation of Friday sermons, and the Hajj.  The MUIS includes representatives from the Sunni majority as well as Muslim minority groups, including Shia.  Use of MUIS sermons is not compulsory, but imams who use their own content are responsible for it and may be investigated if there are complaints.

The government appoints all members of the MUIS and the Hindu Endowments Board, and nominates four of the 11 members of the Sikh Advisory Board.  These statutory boards manage various aspects of their faith communities, ranging from managing properties and endowments to safeguarding customs and the general welfare of the community.

The law requires all associations of 10 or more persons, including religious groups, to register with the government.  Registration confers legal identity, which allows property ownership, the ability to hold public meetings, and the ability to conduct financial transactions.  Registered religious groups may apply to establish and maintain charitable and humanitarian institutions, which enable them to solicit and receive funding and tax benefits, such as income tax exemptions.  Registered societies are subject to potential deregistration by the government on a variety of grounds, such as having purposes prejudicial to public peace, welfare, or good order.  Deregistration makes it impossible to maintain a legal identity as a religious group, with consequences related to owning property, conducting financial transactions, and holding public meetings.  A person who acts as a member of or attends a meeting of an unregistered society may be punished with a fine of up to 5,000 Singapore dollars (SGD) ($3,700), imprisonment of up to three years, or both.

Prisoners, including those in solitary confinement, are allowed access to chaplains of various faiths.

Citizens need a permit to speak at indoor public gatherings outside of the hearing or view of nonparticipants if the topic refers to race or religion.  Indoor, private events are not subject to the same restrictions.  Organizers of private events, however, must prevent inadvertent access by uninvited guests, or they could be cited for noncompliance with the rules regarding public gatherings.

By law, a publication is objectionable if it describes, depicts, expresses or deals with, among other things, matters of race or religion in such a manner that the availability of the publication is likely to cause feelings of enmity, hatred, ill-will, or hostility between racial or religious groups.  The government may prohibit the importation of publications, including religious publications, under the law.  For offenses involving the publication of objectionable material, an individual may be liable on conviction to a fine not exceeding 5,000 SGD ($3,700) or to imprisonment for a term not exceeding 12 months or both.  A person in possession of a prohibited publication may be fined up to 2,000 SGD ($1,500) and jailed for up to 12 months for a first conviction.  All written materials published by the International Bible Students Association and the Watchtower Bible and Tract Society, publishing arms of the Jehovah’s Witnesses, remain banned by the government.

The Ministry of National Development and the Urban Redevelopment Authority (URA) establish the guidelines on land development and use of space for religious activities.  The URA regulates all land usage and decides where organizations may be located.  Religious buildings are primarily classified as places of worship.  A group seeking a new place of worship must apply to the URA for a permit.  The Ministry of National Development and the URA determine whether a religious institution meets the requirements as a place of worship, such as being located in an allotted zone and meeting the maximum plot ratio and building height.  URA guidelines regulate the use of commercially and industrially zoned space for religious activities and religious groups, and apply equally to all religious groups.  Commercial or industrial premises that host religious activities but are not zoned as places of worship must be approved by the URA.  They may not be owned by or exclusively leased to religious organizations or limited to religious use and must also be available to rent out for nonreligious events.  They may not display signage, advertisements, or posters of the religious use; be furnished to resemble a worship hall; or display any religious symbols, icons, or religious paraphernalia when the premises are not in use by the religious organization.  Use of the space for religious purposes must not cause parking, noise, or other problems.

Registration with the MUIS is compulsory for all religious teachers and centers of learning.  Registration requires adherence to minimum standards and a code of ethics, as well as fulfilment of certain training requirements.

The government does not permit religious instruction in public schools, although it is allowed in the country’s 57 government-subsidized religiously affiliated schools (mostly Christian but including three Buddhist schools).  Religious instruction in these schools is provided outside of regular curriculum time and must not include proselytization; students have a right to opt out and be given alternatives such as civics and moral education in lieu of religious instruction.  Religious instruction is allowed in private schools not aided by the government.  At the primary level, however, the law allows only seven designated private schools (six Sunni madrassahs and one Seventh-day Adventist school) to educate Singaporean citizen students; these schools must continue to meet or exceed public school performance benchmarks in annual national exams.  Other Muslim minority groups may operate part-time schools.  Public schools finish early on Fridays, which enables Muslim students to attend Friday prayers, or they allow Muslim students to leave early to attend prayers.  Secondary school students learn about the diversity of Singapore’s religious and cultural practices as a component of their character and citizenship education.

The law empowers the Ministry of Education (MOE) to regulate primary and secondary schools.  MOE rules prohibit students (but not teachers) in public schools from wearing anything not forming part of an official school uniform, including hijabs or headscarves.  Schools have discretion to grant a child dispensation from wearing the official uniform based on health but not religious requirements.  International and other private schools are not subject to the same restrictions.  For example, in madrassahs, which are all under the purview of the MUIS, headscarves are part of the uniform.  Headscarves are not banned at institutions of higher learning.

The law allows the Muslim community, irrespective of school of Islam or ethnicity, to have personal status issues governed by Islamic law, “as varied where applicable by Malay custom.”  Ordinarily the Shafi’i school of law is used, but there are provisions for use of “other accepted schools of Muslim law as may be appropriate.”  Under the law, a sharia court has nonexclusive jurisdiction over marriage issues where both parties are or were married as Muslims, including disposition of property upon divorce, custody of minor children, and inheritance.

The law permits a person involved in a sharia court divorce case to apply for permission to begin civil proceedings concerning division of property or custody of children.  Orders of the sharia court are enforced by the ordinary civil courts.  Appeals within the sharia system go to an appeal board, which is composed of three members of the MUIS, selected by the president of the MUIS from a panel of seven individuals nominated every two years by the president of the country.  The ruling of the appeal board is final and may not be appealed to any other court.  The law allows Muslim men to practice polygamy, but the Registry of Muslim Marriages may refuse requests to marry additional wives after soliciting the views of existing wives and reviewing the husband’s financial capability.

Under the law, certain criminal offenses apply only to those who profess Islam.  This includes publicly teaching or expounding any doctrine relating to Islam in a manner contrary to Islamic law, which carries a maximum fine of 2,000 SGD ($1,500), maximum imprisonment of 12 months, or both.  It is also a criminal offense for Muslims to cohabitate outside of marriage, but that law has not been enforced in decades.

Amendments to the Administration of Muslim Law Act that took effect on October 22 stipulate Muslim couples where one or both parties are under the age of 21 must complete a marriage preparation program and obtain parental or guardian consent before applying for marriage.  Each party to the marriage must be at least 18.

According to legal experts in inheritance, Islamic law governs Muslims regarding inheritance issues by default, but under certain circumstances civil law will take precedence when it is invoked.  Islamic law may result in a man receiving twice the share of a woman of the same relational level.  A man may also incur financial responsibilities for women under Islamic inheritance law.

The law does not recognize a right to conscientious objection to military service, including for religious reasons.  Male citizens or second-generation permanent residents are required to complete 24 months of uniformed national service upon reaching age 18, with no alternative provided to national service.

The Presidential Council for Minority Rights, an advisory body that is part of the legislative process, examines all legislation to ensure it does not disadvantage particular religious groups.  The council also considers and reports on matters concerning any religious group the parliament or the government refers to it.

The country is not a party to the International Covenant on Civil and Political Rights.

Government Practices

The Jehovah’s Witnesses official website reported as of December nine Jehovah’s Witnesses were detained in the armed forces’ detention facility for refusing to complete national service on religious grounds.  Conscientious objectors were generally court martialed and sentenced to detention, typically for 12 to 39 months.  Although they remained technically liable for national service, men who had refused to serve on religious grounds were generally not called up for reservist duties.  They did not, however, receive any form of legal documentation that officially discharged them from reservist duties.

A court convicted three Hindus in February of disorderly behavior and insulting a Muslim police officer’s religion during the Hindu festival of Thaipusam in 2015.  The trio was charged with assaulting several policemen after the officers stopped a musical troupe from playing traditional Indian drums in the Thaipusam religious procession.  At that time, the government banned musical instruments from all religious processions on foot.  The men were fined from 8,000 SGD ($5,900) to 8,500 SGD ($6,200) and one was additionally sentenced to one year and one week’s imprisonment.  While he accepted his sentence, one convicted man attributed the group’s actions to the way authorities handled and spoke to them.

A group of Hindu participants in the Thaipusam foot procession in February said police officers and a representative from the Hindu Endowments Board had attempted to stop them from singing during the procession.  Police said although the government has permitted singing religious hymns since 2011, the group’s portable loudspeakers were not permissible.

Minister for Home Affairs and Law K. Shanmugam met with Hindu community leaders in March and addressed dissatisfaction over limitations on the use of live music at Thaipusam processions after police had permitted music at an event for St. Patrick’s Day.  The minister said that other than three exemptions granted for Hindu processions on foot, only secular processions on foot were permissible.  Authorities allowed the St. Patrick’s Day event to play live music because it was a secular event and religious elements, including attire, symbols, and music, were not allowed at the event, according to the minister.  The minister stated he welcomed community proposals to increase the number of live music points along the Thaipusam procession route beyond the three that the government allowed, and the Hindu Endowments Board stated it was committed to working with authorities to achieve this objective.  The minister’s comments followed online discussion by some individuals who questioned whether the government applied “double standards” on playing musical instruments to the two events.  One person wrote on Facebook that saying St. Patrick’s Day was not religious was “a huge injustice” to the Irish Catholic community.

Media reported that MUIS counseled a couple in August after they were said to have started a new religion known as the Yayi faith.  Yayi founder Paridah Jayos reportedly instructed her followers to treat her as a god and to ignore the tenets of Islam such as fasting during Ramadan and compulsory alms giving.  Some individuals questioned online why Jayos was counselled under Islamic law, rather than being treated as a practitioner of a new religion.

Home Affairs Minister Shanmugam stated in parliament in January and March that it was important that no foreign religious preacher who could “spread ill-will towards other religions, whether in Singapore or elsewhere,” be granted permission to speak in Singapore.  He said that the government would individually assess each foreigner’s request, based on his or her previous statements as well as his or her proposed talk.  The government website said at least two months were required for processing.  The Ministry of Home Affairs told media in April that foreign religious preachers could be issued an advisory to remind them of their legal obligations.

In January the Info-communications Media Development Authority (IMDA) banned a documentary, Radiance of Resistance, which was to be shown as part of the Singapore Palestinian Film Festival.  The IMDA stated, “the skewed narrative of the film is inflammatory and has the potential to cause disharmony amongst the different races and religions in Singapore.”

Media reported that during a retreat in March for the Muslim religious counseling organization the Religious Rehabilitation Group (RRG) Shanmugam said, “younger self-radicalized individuals tend to rely heavily on the internet and social media for information, including religious teachings.”  Shanmugam expressed his support for RRG launching a youth awareness program for individuals aged 16 to 25 that aims to engage, educate, and provide Muslim youth with a better understanding of Islam.

Minister-in-charge of Muslim Affairs Yaacob Ibrahim announced in parliament on March 8 the expansion of a project to combat religious extremism among Muslim youth.  He also stated the government would stand against Islamophobia.

Although government policy prohibited the wearing of hijabs by certain public sector professionals, such as nurses and uniformed military officers, many statutory boards within government agencies continued to allow Muslim staff to wear the hijab while the government continued to evolve its stance “gradually and carefully.”  Some in the Muslim community continued to quietly petition for a change in government policy.

The government assisted religious groups in locating spaces for religious observance in government-built housing, where most citizens lived.  In September the authorities introduced changes to the process for acquiring long-term leases on government-owned sites that were designated for exclusive use as “places of worship.”  The authorities said they aimed to reduce the cost and increase the availability of such leases, including for smaller religious organizations.  The changes allowed certain sites to be used for multistory developments by multiple religious organizations “belonging to the same religion,” increased the number of sites to be designated for exclusive religious use, and restricted commercial entities from bidding on them.  The government said religious groups would have to prove they had additional space needs, had adequate and sustainable local funding to finance the lease and development of the site, would not use foreign donations for the transactions, and would actively contribute to the community.  The government said at least two church and two Chinese temple sites would be made available each year for the next “few years.”  The government continued to enforce the maintenance of ethnic ratios in public housing and prevent the emergence of religious enclaves in concentrated geographic areas.

As part of the MOE’s National Education Program, the official primary and secondary public school curricula encouraged religious harmony and tolerance.  All schools celebrated the annual racial harmony day in July, which promoted understanding and acceptance of all religions within the country.  Children wore traditional clothing and celebrated the country’s racial and religious diversity.  Students were encouraged to recite the “Declaration of Religious Harmony.”

While the government did not formally prohibit proselytization, it continued to discourage its practice through the application of laws regarding public speech and assembly as it reportedly deemed proselytizing might offend other religious groups and upset the balance of intergroup relations.

The MUIS continued to operate the Harmony Center, which was set up to promote greater religious understanding.  The Harmony Center housed artifacts and information about Islam, as well as nine other major religions in Singapore.  It also organized interfaith programs, including dialogues with leaders from different religions.  In March the Harmony Center and the Archdiocesan Catholic Council for Interreligious Dialogue held a seminar entitled, “Religion, Sanctity of Life and Human Dignity.”

President Halimah Yacob, Prime Minister Lee Hsien Loong, and government ministers regularly stressed the government’s commitment to the country as a multiracial and multi-religious society and cited religious harmony as an important policy goal.  In May the president called for the government to host an international high-level interfaith dialogue.  The president’s proposal, made during an interreligious iftar at An-Nahdhah Mosque, received support from local religious leaders and commentators.

Prime Minister Lee and four government ministers attended the consecration of the Hindu Sri Srinivasa Perumal temple in April.  Minister for Trade and Industry S. Iswaran said the event provided “an opportunity to reinforce the multi-racial, multi-religious nature of Singapore.”

Ministers gave speeches on strengthening religious pluralism.  At the IRO Day in March, MCCY Minister Grace Fu called on religious communities to continue strengthening religious harmony by fostering interreligious social mixing, discussions on faith, and community service projects.  (The IRO includes leaders of the 10 major religions in the country and has the stated objective of inculcating a spirit of friendship among various religious groups by conducting interreligious prayer services, seminars, and public talks throughout the year.)

Local government and government-affiliated organizations advocated for interreligious understanding and support for people of other religions.  The country’s five district mayors launched a national interfaith initiative called Common Senses for Common Spaces in February, which included activities such as community dialogues on Buddhism, Christianity, Islam, and Hinduism.

The government continued to support the operation of an “Inter-Racial and Religious Confidence Circle” (IRCC) in each of the country’s 27 electoral constituencies.  Under the auspices of the MCCY, the IRCCs conducted local interreligious dialogues, counseling and trust-building workshops, community celebrations, and similar activities.

The government continued to engage religious groups through the community engagement program (CEP), and trained community leaders involved in the CEP in emergency preparedness and techniques for promoting religious harmony.

The government’s BRIDGE initiative, Broadening Religious/Racial Interaction through Dialogue and General Education, started in 2017 with funding of 3 million SGD ($2.2 million) for three years, continued to provide financial support for community-based initiatives that fostered understanding of different religious practices and beliefs.

Section III. Status of Societal Respect for Religious Freedom

During a Christian evangelical conference in March, a visiting U.S. preacher reportedly said he would raise up a church to “push back a new modern Muslim movement” in Spain and “Muslims are taking over the south of Spain.”  Cornerstone Church, which had invited the preacher, initially called the report on the preacher a “scurrilous attack” and lodged a complaint with police, but Pastor Yang Tuck Yoong of the Church offered a public apology to Muslim leaders one week later.  Mufti of Singapore Fatris Bakaram accepted the apology and said Muslims “want to move on and look forward to more constructive and healthy relationships.”  The Church committed to be more vigilant in its selection of foreign speakers, and in what Pastor Yang stated was an effort to improve its relations with Muslims, in July it hosted Imam Syed Hassan Al-Attas and a delegation from Ba’alwie Mosque.  The minister-in-charge of Muslim Affairs wrote on Facebook he appreciated the pastor’s apology because “words that sow discord and ill will among the various communities have no place in Singapore.”  Police asked that the visiting preacher return to the country for an interview, but as of year’s end he had not.

Members of the public spoke out against reported instances of religious discrimination, such as when national football coach Fandi Ahmad commented about a Sikh journalist’s turban, and when Muslim Sephia Farid reported on Facebook that an interviewer at a government agency would not permit her to wear a hijab to work.

Sandwich chain Subway eliminated pork products and became halal certified in September.  While some individuals threatened a boycott, other non-Muslims expressed support for Subway, and some Muslims argued against the move to become halal.

A group of approximately 50 churches launched the Alliance of Pentecostal-Charismatic Churches of Singapore (APCCS) in April.  Chairman Reverend Dominic Yeo said the body would serve as a “unified and collective front” for talks with the authorities in relation to the needs of the churches, government-led initiatives, or “when there is a need to address various societal issues and concerns.”  Some commentators and members of the public expressed concern religion could intrude in the public space, but Yeo said, “The APCCS is a strong advocate of racial and religious harmony in Singapore.”

Shia and Sunni Muslims continued to cooperate and to share Sunni mosques, and held intrafaith iftars during Ramadan.

Community-led programs to build understanding of others’ religions included the Ask Me Anything series, which encouraged younger individuals to raise sensitive issues related to religious practices.  The Interfaith Youth Circle and Roses for Peace provided “safe spaces” in which young people could discuss race and religion.

Religious groups and humanists continued to promote interfaith tolerance.  The Nanyang Confucian Association hosted lectures on links between Confucianism and other faiths; the United Hebrew Congregation held interfaith celebrations during Jewish festivals; and the Humanist Society Singapore collaborated to organize a multi-religious panel discussion on “Inter-Belief in a Secular Society.”

Buddhists, Taoists, and Hindus cooperated at the local level.  A group of Buddhists gave 12,000 free drinks each weekend in September to Hindu devotees at Sri Srinivasa Perumal Temple and devotees were permitted to carry statues of the Chinese goddess of mercy, as well as of the Buddha, during the Tamil Hindu religious procession of Thaipusam.

Hash.peace organized Heritage Saturdays, during which tours were organized of religious sites such as a Jewish synagogue or the Baha’i Center, so the public could learn more about the history of different communities.

Section IV. U.S. Government Policy and Engagement

In May at an embassy iftar, attended by Senior Minister of State for Defense and Foreign Affairs Mohamad Maliki Bin Osman, religious leaders of numerous faiths, and others, the Charge d’Affaires gave remarks promoting religious freedom and embracing religious diversity.

The Charge and senior embassy representatives hosted a roundtable in September to discuss religious freedom with 10 young religious leaders.

U.S. embassy representatives interacted with a variety of religious groups, including the IRO, the MUIS, and representatives from Buddhist, Christian, Hindu, humanist, Jewish, Shia Muslim, Sikh, Sunni Muslim, and Taoist groups, to reinforce the importance of religious freedom.  The embassy used social media to highlight its religious outreach and demonstrate appreciation of and respect for the country’s religious diversity.

The Charge in April met with Imam of the Ba’alwie Mosque Syed Hassan Al-Attas to communicate the embassy’s support for the country’s Muslim community.  In May embassy representatives discussed the practice of religious freedom with the PPIS.

Thailand

Executive Summary

The constitution prohibits discrimination based on religious belief and protects religious liberty.  The law officially recognizes five religious groups:  Buddhists, Muslims, Brahmin-Hindus, Sikhs, and Christians.  The Ministry of Justice allows the practice of sharia as a special legal process, outside the national civil code, for Muslim residents of the “Deep South” for family law, including inheritance.  In September the Bangkok Criminal Court found nine Muslims from the Deep South guilty after they confessed in connection with what authorities said was a plan for bombings in Bangkok in 2016.  Defendants reportedly said they were tortured in prison before confessing, but the court found the accusations baseless.  As part of what the government said were broader immigration raids, authorities arrested and detained hundreds of suspected illegal immigrants, including persons from a number of vulnerable religious minority groups, some of whom had or were applying for asylum or refugee status from the Office of the UN High Commissioner for Refugees (UNHCR).  The government stated these arrests were not motivated by religious affiliation and that members of a multitude of different religious groups were detained.  A nongovernmental organization (NGO) said the detainees included Christians and Ahmadi Muslims from Pakistan, who fled for religious reasons, and 181 Christian Montegnards from Vietnam, whom the NGO said had asylum or refugee status.  The NGO said the Montegnards were detained on August 28 and the adults were sent to an immigration detention facility, while approximately 50 children were sent to children’s shelters.  The Ministry of Education amended a 2008 regulation to stipulate that when attending schools located on Buddhist temple property, students must wear the uniform agreed to by the school and temple.  The Sangha Supreme Council issued an order prohibiting the use of temple land for political activities, rallies, meetings, or seminars for purposes that violate the law or impact national security, social order, or public morals.  Following the marriage of a 41-year-old Malaysian man to an 11-year-old Thai girl in the Deep South, the Central Islamic Council issued a regulation setting 17 years old as the minimum age for marriage.

Insurgency-related violence continued in the Malay Muslim-majority Deep South, where religious and ethnic identity are closely linked in a longstanding separatist conflict.  On August 1, a gunman reportedly shot and killed a Muslim teacher, Adul Sima, as he left prayers in a mosque in Pattani’s Mai Kaen District.  The Election Commission and the Catholic Bishops’ Conference of Thailand signed a cooperation agreement to educate, train, empower, and develop the capacity of Catholic communities, networks, schools, and students on democracy-related issues.

Embassy and consulate general officials met with government ministries, religious leaders, academics, and elected officials to promote religious pluralism and reconciliation and discuss complex religious issues in society, including ethnic identity and politics.  The embassy and consulate general organized workshops on peace and facilitated the presentation of speakers from the United States on interfaith dialogue and conflict resolution.

Section I. Religious Demography

The U.S. government estimates the total population at 68.6 million (July 2018 estimate).  The 2010 population census indicated 93 percent of the population is Theravada Buddhist and 5 percent Muslim.  NGOs, academics, and religious groups state that 85 to 95 percent of the population is Theravada Buddhist and 5 to 10 percent Muslim.  Groups that together constitute less than 5 percent of the population include animists, Christians, Confucians, Hindus, Jews, Sikhs, and Taoists.

Most Buddhists incorporate Hindu and animist practices into their worship.  The Buddhist clergy (sangha) consists of two main schools of Theravada Buddhism:  Mahanikaya and Dhammayuttika.  The former is older and more prevalent within the monastic community.

Islam is the dominant religion in four of the five southernmost provinces (Narathiwat, Yala, Satun, and Pattani) near the Malaysian border, commonly referred to as the Deep South.  The majority of Muslims in those provinces are ethnic Malay, but the Muslim population nationwide also includes descendants of immigrants from South Asia, China, Cambodia, and Indonesia, as well as ethnic Thai.  Statistics provided by the Religious Affairs Department (RAD) of the Ministry of Culture indicate that 99 percent of Muslims are Sunni.

The majority of ethnic Chinese and Vietnamese practice either Mahayana or Theravada Buddhism.  Many ethnic Chinese, as well as members of the Mien hill tribe, also practice forms of Taoism.

The majority of Christians are ethnic Chinese, and more than half of the Christian community is Roman Catholic.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states that all persons are equal before the law regardless of religious belief and allows all persons to profess, observe, or practice any religion of their choice, as long as the exercise of these freedoms are not “harmful to the security of the State.”  The constitution empowers the state to patronize and protect Buddhism as well as other religions, but it also provides for special promotion of Theravada Buddhism through education, propagation of its principles, and the establishment of measures and mechanisms “to prevent the desecration of Buddhism in any form.”

A special order issued by the military government in 2016 guarantees the state’s promotion and protection of “all recognized religions” in the country but mandates all state agencies to monitor the “right teaching” of all religions to ensure they are not “distorted to upset social harmony.”  A law specifically prohibits the defamation or insult of Buddhism and Buddhist clergy.  Violators may face up to one year’s imprisonment, fines of up to 20,000 baht ($620), or both.  The penal code prohibits the insult or disturbance of religious places or services of all officially recognized religious groups.  Penalties range from imprisonment for one to seven years, a fine of 2,000 to 14,000 baht ($62 to $430), or both.

The law officially recognizes five religious groups:  Buddhists, Muslims, Brahmin-Hindus, Sikhs, and Christians.  As a matter of policy, the government will not recognize any new religious groups outside the five umbrella groups.  While there is no official state religion, the constitution continues to require the king to be Buddhist and declares he is the “upholder of religions.”

Religious groups associated with one of the five officially recognized religions may register to receive state benefits that include access to state subsidies, exemption from property and income taxes, and preferential allocation of resident visas for the registered organization’s foreign officials.  Registration as a religious group is not mandatory, and religious groups may still operate without government interference whether or not they are officially registered or recognized.  Under the law, the RAD is responsible for registering religious groups, excluding Buddhist groups, which the National Buddhism Bureau, an independent state agency under direct supervision of the prime minister, oversees.

The RAD may register a new religious denomination within one of the five recognized religious groups only if it meets the following qualifications:  the national census indicates the group has at least 5,000 adherents, it possesses a uniquely recognizable theology, it is not politically active, and it obtains formal approval in a RAD-organized meeting of representatives from the concerned ministries and the five recognized umbrella religious groups.  To register with the RAD, a religious group’s leader also must submit documentation on its objectives and procedures, any relationship to a foreign country, a list of executive members and senior officials, and locations of administrative, religious, and teaching sites.

The constitution prohibits Buddhist priests, novices, monks, and other clergy from voting in an election or running for seats in the House of Representatives or Senate.  According to the National Buddhism Bureau, as of September there were more than 41,000 Buddhist temples in the country with approximately 335,000 clergy who are thus ineligible to vote or run for office.  Christian clergy are prohibited from voting in elections if they are in formal religious dress.  Except for the chularajmontri (grand mufti), imams are not regarded as priests or clergy and are thus allowed to vote in elections and assume political positions.

The Sangha Supreme Council serves as Thai Buddhism’s governing clerical body.  In July the National Legislative Assembly amended the law to give the king full authority to unilaterally appoint or remove members from the Sangha Supreme Council irrespective of the monk’s rank and without consent or consultation with the supreme patriarch.

In June the Ministry of Education amended a 2008 regulation, which permitted students to dress in accordance with their religious belief, to stipulate that when attending schools located on Buddhist temple property, students must wear the uniform agreed to by the school and temple.   

The law requires religious education for all students at both the primary and secondary levels; students may not opt out.  The curriculum must contain information about all of the five recognized umbrella religious groups.  Students who wish to pursue in-depth studies of a particular religion may study at private religious schools and may transfer credits to public schools.  Individual schools, working in conjunction with their local administrative boards, are authorized to arrange additional religious studies courses.  There are two private Christian universities open to the public with religious curricula.  There are 10 Catholic grade schools whose curriculum and registration the Ministry of Education oversees.  The Sangha Supreme Council and the Central Islamic Committee of Thailand create special curricula for Buddhist and Islamic studies required in public schools, respectively.

The Central Islamic Council of Thailand, whose members are Muslims appointed by royal proclamation, advises the Ministries of Education and Interior on Islamic issues.  The government provides funding for Islamic educational institutions, the construction of mosques, and participation in the Hajj.  There are several hundred primary and secondary Islamic schools throughout the country.  There are four options for students to obtain Islamic education in the Deep South:  government-subsidized schools offering Islamic education with the national curriculum; private Islamic schools that may offer non-Quranic subjects such as foreign languages (Arabic and English) but whose curriculum may not be approved by the government; traditional pondoks, or private Islamic day schools, offering Islamic education according to their own curriculum to students of all ages; and tadika, an after-school religious course for children in grades one through six, often held in a mosque.

The Ministry of Justice allows the practice of sharia as a special legal process, outside the national civil code, for Muslim residents of the Deep South for family law, including inheritance.  Provincial courts apply this law, and a sharia expert advises the judge.  The law officially lays out the administrative structure of Muslim communities in the Deep South, including the process of appointing the chularajmontri, whom the king appoints as the state advisor on Islamic affairs.

The RAD sets a quota for the number of foreign missionaries permitted to register and operate in the country:  1,357 Christian, six Muslim, 20 Hindu, and 41 Sikh.  Registration confers some benefits, such as longer visa validity.

The country is a party to the International Covenant on Civil and Political Rights.

Government Practices

Since religion and ethnicity are often closely linked, it was difficult to categorize many incidents of violence due to the Malay Muslim insurgency as being solely based on religious identity.

According to the NGO Deep South Watch, insurgency-related violence from January to August resulted in at least 146 deaths – among them 128 Muslims and 18 Buddhists.  Deep South Watch also reported 196 persons were injured during that period – 91 Muslims and 105 Buddhists.  For all of 2017, Deep South Watch reported 187 Muslims, 64 Buddhists, and 12 unidentified persons were killed in the insurgency.  Local NGOs reported insurgents often considered teachers, along with their military escorts, as affiliated with the state and hence legitimate targets.  According to Deep South Watch, a Muslim teacher was killed, a Buddhist teacher was injured, and six Muslim students were injured as of August.

In September the Bangkok Criminal Court found nine Muslims from the Deep South guilty of belonging to an underground criminal group and conspiracy and sentenced each to four years’ imprisonment.  One was also found guilty of illegal possession of explosive devices and given an additional two years.  Their original sentences were halved because they confessed.  Five defendants were acquitted.  According to a human rights group, at least seven of the defendants said they were tortured in prison, including being beating and being doused with water and left in cold rooms before confessing, but the court found the accusations baseless and without evidence.  The cases arose from arrests in 2016 in connection with what authorities said was a plan for bombings in Bangkok.

There were reports authorities continued to use the emergency decree and martial law provisions in effect in the Deep South since 2005 and 2004, respectively, that give military, police, and civilian authorities significant powers to restrict certain basic rights, including pretrial detention and searches without warrant.  Authorities delegated certain internal security powers to the armed forces, often resulting in accusations of unfair treatment.

In August online newspaper Prachatai reported an unidentified unit arrested five Malay Muslims, two of whom were activists campaigning for peace in the Deep South.  The arrestees’ relatives were not informed of the charges, but authorities told them the five were arrested under “a special law.”

According to human rights groups, a portion of the country’s refugee and asylum seeker population was fleeing religious persecution elsewhere.  According to UNHCR, many of them lived in the country without legal permission to stay and as a result, as with the entire refugee and asylum seeker population, they faced the possibility of arrest, detention, and deportation regardless of whether they had registered with the agency.  During the year, immigration authorities reported conducting a series of raids targeting any person living illegally in the country.  As part of those operations, thousands were arrested, including some UNHCR-registered refugees and asylum seekers.  UNHCR reported that those detainees who were registered with them were released shortly after arrest.  The government said the raids did not target any specific religious group, and they arrested individuals with various religious affiliations.  Media coverage consistently highlighted that the arrests were part of the broader immigration crackdown and not motivated by religion.  The government and UNHCR stated the government did not deport any UNHCR-registered refugees or asylum seekers from these raids and allowed UNHCR access to these individuals.  In September the NGO International Christian Concern said more than 70 Pakistani Christians were confined to the Bangkok Immigration Center in what were described as “degrading, unclean, and overcrowded” conditions.  The same NGO said that on August 28, 181 mostly Christian Montegnards (or Degar) refugees from Vietnam were arrested and the adults were detained at the Bangkok facility, while more than 50 children were separated from their parents and sent to three shelters.

Human rights and migrant assistance groups reported difficulties among Muslim and South Asian migrants in obtaining legal status, especially after a new decree came into effect early in the year.  Muslim migrants from Burma, many of whom reportedly fled persecution, said they were unable to acquire the necessary documentation from Burma.  In April the Thai labor minister stated more than 250,000 migrants would have to leave the country.

Activists, including Human Rights Watch, expressed concerns about how the government might react to requests from China to extradite Chinese dissidents, including those associated with religious groups banned in China.  No members of banned religious groups were forcibly deported to China during the year.  Tourist police in March arrested seven Chinese nationals for distributing Falun Gong documents and fined them for overstaying their visas.

In what the government said was a move against corruption, in the spring it arrested six leading monks, including elderly monks on the Sangha Supreme Council, two senior abbots at Bangkok’s Golden Mount Temple, and Phra Buddha Issara, a monk who had previously urged the government to act against corrupt monks.  One press report described the act as an effort to assert the government’s authority over temples, while the prevailing view among close observers was that the arrests were politically motivated and designed to curry favor before the 2019 elections with voters who were concerned about reported corruption among monks.

In September police shut down a forum organized by foreign journalists to discuss whether senior military officers in Burma should face justice for alleged human rights abuses committed by their forces against Rohingya Muslims and other ethnic minorities.  According to press reports, approximately one dozen police arrived ahead of the scheduled panel discussion at the Foreign Correspondents Club of Thailand and ordered the panelists not to speak.

Since 1984 the government has not recognized any new religious groups.  Despite the lack of formal legal recognition or registration, civil society groups continued to report unregistered religious groups operated freely, and the government’s practice of not recognizing or registering new religious groups did not restrict their activities.  Although registration provided some benefits, such as visas with longer validity, religious groups reported that being unregistered was not a significant barrier to foreign missionary activity, and many unregistered missionaries worked in the country without government interference.

On October 10, a group of monks petitioned the Election Commission to amend the laws restricting monks’ political rights.

In February a group of female Buddhist monks submitted a petition to the National Human Rights Commission to follow up on a February 2017 petition to amend the law to recognize female monks.  No action had been taken as of September.  The Sangha Supreme Council continued to prohibit women from becoming monks; women wishing to join the monkhood usually travelled to Sri Lanka to be ordained.  Of the 360,000 Buddhist clergy in the country, 229 were women.  Since a gender equality law exempts cases involving “compliance with religious principles,” female monks (bhikkhunis) were excluded from gender equality protection by the government.  Officials continued to neither formally oppose nor support female ordination.  Officials allowed bhikkhunis to practice and establish monasteries and temples.  Without official recognition, however, monasteries led by women continued to be ineligible for any of the government benefits received by other sanctioned Buddhist temples, primarily tax exemptions, free medical care, and subsidies for building construction and running social welfare programs.  Unlike male monks (bhikkhus), bhikkhunis received no special government protection from public verbal and physical attacks that sometimes involved male monks opposing the ordination of female monks.

In August the Sangha Supreme Council issued an order prohibiting the use of temple land for political activities or rallies, meetings, or seminars for purposes that violate the law or impact national security, social order, or public morals.  The order also reiterated the prohibition against monks and novices participating in political activity.

The Central Islamic Council in August issued a regulation setting 17 years as the minimum age for marriage.  According to the law, the minimum legal age for marriage, regardless of religion, is 17.  The regulation followed in the wake of the May marriage of a 41-year-old Malaysian man to an 11-year-old Thai girl in the Deep South.  The girl was returned to her family in August.

The only government-certified Islamic university in the Deep South, Fatoni University, continued to teach special curricula for Muslim students, including instruction in Thai, English, Arabic, and Bahasa Malayu; a mandatory peace studies course; and the integration of religious principles into most course offerings.  As of September 30, approximately 3,300 students and 480 academic personnel were affiliated with the school.

In January the governor of Narathiwat Province in the Deep South mandated the addition of monarchy studies – a course focused on Thai history and the relationship between Thai kings and their subjects – to the curriculum taught at pondoks.

In May the Education Ministry selected 13 committee members to develop Buddhist-only teaching for schools.  At present, more instruction time is dedicated to teaching Buddhism than other religions.

The June Ministry of Education amendment on students wearing the uniform agreed to by the school and temple was the result of a controversy that arose in May, when the director of a public school located on the grounds of a Buddhist temple in Pattani Province in the Deep South refused a request from a group of Muslim students’ parents to allow their children to wear a headscarf to school.  The school’s student body is 40 percent Muslim; however, the school dress code required students to wear a uniform, without accommodation for religious attire.  On October 29, the Songkhla Administrative Court, which had jurisdiction over Pattani Province, issued an injunction banning the school from penalizing students for wearing Islamic dress.

According to the association and faculty at a prominent university in the Deep South, scrutiny of Muslim professors and clerics continued to decline; however, the military continued to scrutinize Muslim teachers at private schools.

Duay Jai, a local human rights advocacy group in the Deep South, reported in February that a group of military officers went to a tadika in Pattani Province and demanded a list of students and photographs of teachers’ identity cards.  According to press reports, the government said the school committed financial fraud and funneled funds to a militant.  The school remained open as the investigation continued.  There were reports that security officials searched several Islamic schools on allegations of corruption and possible connection to insurgency funding.

Starting with the October 1, 2017-September 30, 2018 fiscal year, the government transferred the management of the approximately 410 million baht ($12.67 million) budget for non-Buddhist initiatives from the RAD to the Ministry of Interior (MOI).  Approximately 333 million baht ($10.29 million) of that allocation went to strategic planning for religious, art, and cultural development.  The budget included grants of approximately 18 million baht ($556,000) for the maintenance and restoration of non-Buddhist religious sites of the five officially recognized religious groups and 240,000 baht ($7,400) for the chularajmontri’s annual per diem.  The Muslim community reportedly said that it preferred the MOI to manage the budget as it was easier to navigate, and the MOI had more capacity to manage the budget.

The National Buddhism Bureau, funded separately from the RAD, received 4.9 billion baht ($151.47 million) in government funding, 1.9 billion baht ($58.73 million) of which went to empowerment and human capital development projects.  A total of 1.6 billion baht ($49.46 million) was allocated for personnel administration, 1.2 billion baht ($37.09 million) for education projects, including scripture and bookkeeping instruction for monks and novices, and 256 million baht ($7.91 million) for Deep South conflict resolution and development projects.

The government continued to recognize 39 elected Provincial Islamic Committees nationwide.  Their responsibilities included providing advice to provincial governors on Islamic issues; deciding on the establishment, relocation, merger, and dissolution of mosques; appointing persons to serve as imams; and issuing announcements and approvals of Islamic religious activities.  Committee members in the Deep South continued to report acting as advisers to government officials in dealing with the area’s ethnonationalist and religious tensions.

Religious groups continued to proselytize without reported interference.  Thai Buddhist monks working as missionaries were active, particularly in border areas among the country’s tribal populations, and received some public funding.  According to the National Buddhism Bureau, there were 5,426 Buddhist missionaries working nationwide.  Buddhist missionaries needed to pass training and educational programs at Maha Makut Buddhist University and Maha Chulalongkorn Rajavidyalaya University before receiving appointments as missionaries by the Sangha Supreme Council.  Per government regulations, no foreign monks were permitted to serve as Buddhist missionaries within the country.

During the year, there were 11 registered foreign missionary groups with visas operating in the country:  six Christian, one Muslim, two Hindu, and two Sikh groups.  There were 1,357 registered foreign Christian missionaries.  The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), which is not an officially recognized Christian group, continued to exercise its special quota for 200 missionaries through the Ministry of Foreign Affairs and National Security Council.  Muslims, Sikhs, and Hindus had smaller numbers of missionaries in the country.  Many foreign missionaries entered the country using tourist visas and proselytized without the RAD’s authorization.  Non-Buddhist missionaries did not receive public funds or state subsidies.

Section III. Status of Societal Respect for Religious Freedom

Ethnic Malay insurgents continued to attack Buddhists and Muslims in the Deep South.  As in 2017, there were no reports of Muslims advocating violence against Buddhists.  According to human rights and civil society groups, more than a decade of continuing violence had decreased interaction between the Muslim and Buddhist communities.  The Duay Jai Group reported the prohibition on Islamic dress in certain schools, which was later overturned, further distanced the two populations. Some press reports indicated a rise in anti-Muslim sentiment in the country.  Deutsche Welle, a German news site, reported that Buddhists in Thailand and other places saw Buddhism under threat, and “fear ‘Islam and Muslims are trying to take over their country.’”  Both Buddhist and Muslim religious leaders, however, stated the majority of their communities continued to advocate for interfaith dialogue and cultural understanding.  As evidence, local media reported on a regional survey on extremism conducted by the Malaysia-based Merdeka Center for Opinion Research that found while respondents in nearby countries revealed high rates of intolerance toward persons of other faiths, Muslims and Buddhists in Thailand expressed favorable views of one another.

According to news reports, on August 1, a gunman shot and killed an Islamic teacher, Adul Sima, as he left prayers in a mosque in Pattani’s Mai Kaen District.  Authorities stated they believed his killing was related to the insurgency.

The Duay Jai Group, Look Rieng Group, Deep South Student Council, and Buddhist Network for Peace issued statements denouncing an August 11 shooting that killed a Buddhist mother and her 13-year-old daughter riding a motorcycle to a market in Narathiwat Province.  A Muslim man was arrested and confessed to the shooting.  Human Rights Watch and the Buddhist Network for Peace also issued statements condemning a series of landmine attacks in June and July targeting Buddhist farmers in Yala Province.

Buddhist activists continued to campaign to designate Buddhism as the country’s official religion.  In June a Buddhist movement in Bungkan Province staged a campaign to name Buddhism as the province’s official religion and to designate the province the Buddhism capital of Thailand.

In February the Election Commission and the Catholic Bishops’ Conference of Thailand signed a cooperation agreement to educate, train, empower, and develop the capacity of Catholic communities, networks, schools, and students on democracy-related issues.

Section IV. U.S. Government Policy and Engagement

Embassy and consulate general officials discussed religious freedom and steps for increasing interreligious harmony with senior government officials from the Ministry of Culture’s Religious Affairs Department and the National Office of Buddhism.

The Ambassador met with Supreme Patriarch and President of the Sangha Supreme Council Somdet Phra Maha Muneewong to share ideas on bringing together religious communities of different faiths to reduce conflict and misunderstanding, as well as a potential role for the United States in strengthening interfaith relations.  The Ambassador met separately with the chularajmontri to discuss Buddhist-Muslim relations and the role of the international community in helping to deepen religious tolerance.  Other embassy and consulate general officials discussed religious harmony with high-level Buddhist leaders.

Embassy and consulate officials regularly met Muslim and Buddhist religious leaders, academics, and elected officials as part of the embassy’s effort to promote tolerance and reconciliation and to discuss religious issues in society, including ethnic identity and politics.  In May the embassy organized a technology camp focused on advocacy and campaign management related to interfaith dialogue and conflict resolution.  In October the embassy organized an interreligious workshop on peace in Pattani Province with a prominent U.S. speaker on interfaith dialogue and conflict resolution.  The embassy sponsored the visits of a prominent religious freedom scholar to the United States as part of a program for leaders focused on interfaith dialogue and religious freedom.

The embassy organized programs in Yala Province focused on using person-to-person engagement to bridge conflict, including a discussion on religious pluralism and Muslims in America led by a former participant in a U.S. government exchange program.

The embassy and the consulate general in Chiang Mai regularly engaged with religious minority groups – Muslims, Christians, the Church of Jesus Christ, and Hindus – through events such as interfaith dialogues to promote respect for individual rights to worship and the importance of religious pluralism, using social media to amplify the importance of these and other meetings and programs advancing religious freedom and tolerance.

Muslim communities in the country, citing the U.S. government’s recognition of Jerusalem as the capital of Israel, declined invitations to participate in iftars hosted by the embassy and consulate general, breaking with previous practice.  The embassy and consulate general, however, continued to receive support from local Muslim communities to cohost events to promote religious tolerance.

Vietnam

Executive Summary

The constitution states that all people have freedom of belief and religion.  The law provides for significant government control over religious practices and includes vague provisions that permit restrictions on religious freedom in the stated interest of national security and social unity.  The 2016 Law on Belief and Religion, which came into effect in January, maintains a multistage registration and recognition process for religious groups but shortens the time for recognition at the national or provincial level from 23 to five years.  It also specifies the right of recognized religious organizations to have legal personality.  Religious leaders, particularly those representing groups without recognition or certificates of registration, reported various forms of government harassment – including physical assaults, arrests, prosecutions, monitoring, travel restrictions, and property seizure or destruction – and denials or no response to requests for registration and/or other permissions.  For example, six independent Hoa Hao Buddhists were imprisoned in February on charges of “resisting persons in the performance of their official duties.”  There continued to be reports of severe harassment of religious adherents by authorities in the Central Highlands, specifically members of the Evangelical Church of Christ, and in the Northwest Highlands for H’mong Christians and Catholics, as well as for Catholic and Protestant groups in Nghe An Province.  Religious group adherents reported local or provincial authorities committed the majority of harassment incidents.  Members of recognized groups or those with certificates of registration were reportedly able to practice their beliefs with less government interference, although some recognized groups reported more difficulty gathering together in certain provinces, including the Evangelical Church of Vietnam (North) (ECVN) in Quang Binh, Bac Giang, Bac Ninh, Ha Giang, and Hoa Binh Provinces.  Others seeking to officially register their groups, including the United Presbyterian Church and the Vietnam Baptist Convention, also reported increased difficulty gathering in some provinces.  Members of religious groups said some local and provincial authorities used the local and national regulatory systems to slow, delegitimize, and suppress religious activities of groups that resisted close government management of their leadership, training programs, assemblies, and other activities.  The government registered two religious communities, the Vietnam Full Gospel Denomination and the Vietnam United Gospel Outreach Church, during the year.  Registration is the second step in the three-step process towards recognition and does not convey legal status.  For the first time since 1998, United Buddhist Church of Vietnam (UBCV) leader Thich Quang Do took up residence in a UBCV-affiliated pagoda.  The government also allowed renowned Buddhist leader Thich Nhat Hanh to return to the country.  Hanh resided at Tu Hieu Pagoda in Hue at year’s end, and adherents reported no difficulties visiting him.  Hanh also received diplomats and senior government leaders.

There were several reports of registered Cao Dai adherents preventing adherents of the unsanctioned Cao Dai from performing certain religious rituals.  There continued to be some incidents of harassment of Catholics by the progovernment Red Flag Association, although the group reportedly dissolved itself in March.

The Ambassador and senior embassy and consulate general officials urged authorities to allow all religious groups to operate freely, including the independent UBCV, Protestant and Catholic house churches, and independent and “pure” Hoa Hao and Cao Dai groups.  They sought greater freedom for recognized religious groups and urged an end to restrictions on and harassment of groups without recognition or registration.  The Ambassador, Consul General in Ho Chi Minh City, and senior embassy officers advocated for religious freedom in visits across the country, including to the Central Highlands.  The Ambassador and officials met regularly and maintained recurring contact with religious leaders across the country.  The U.S. Ambassador at Large for International Religious Freedom met with the chairman of the Government Committee on Religious Affairs in Washington, D.C. in July and raised concerns about implementation of the new law, the status of religious believers detained or imprisoned, and the situation of ethnic religious minority groups.  The Ambassador at Large and a senior official from the Bureau of Democracy Human Rights and Labor raised issues of religious freedom during the annual U.S.-Vietnam Human Rights Dialogue in Washington in May.

Section I. Religious Demography

The U.S. government estimates the total population at 97 million (July 2018 estimate).  According to statistics released by the Government Committee for Religious Affairs (CRA), 26.4 percent of the population is categorized as religious believers:  14.91 percent is Buddhist, 7.35 percent Roman Catholic, 1.09 percent Protestant, 1.16 percent Cao Dai, and 1.47 percent Hoa Hao Buddhist.  Within the Buddhist community, Mahayana Buddhism is the dominant affiliation of the Kinh (Viet) ethnic majority, while approximately 1.2 percent of the total population, almost all from the ethnic minority Khmer group, practices Theravada Buddhism.  Smaller religious groups that combined constitute less than 0.16 percent of the population include a devotional form of Hinduism, mostly practiced by an estimated 70,000 ethnic Cham in the south-central coastal area; approximately 80,000 Muslims scattered throughout the country (approximately 40 percent are Sunnis; the remaining 60 percent practice Bani Islam); an estimated 3,000 members of the Baha’i Faith; and approximately 1,000 members of The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ).  Religious groups originating within the country (Buu Son Ky Huong, Tu An Hieu Nghia, Minh Su Dao, Minh Ly Dao, Tinh Do Cu Si Phat Hoi, Phat Giao Hieu Nghia Ta Lon) comprise a total of 0.34 percent.  A small, mostly foreign, Jewish population resides in Hanoi and Ho Chi Minh City.

Other citizens say they have no religious affiliation, or practice animism or the veneration of ancestors, tutelary and protective saints, national heroes, or local, respected persons.  Many individuals blend traditional practices with religious teachings, particularly Buddhism and Christianity.

Ethnic minorities constitute approximately 14 percent of the population.  Based on adherents’ estimates, two-thirds of Protestants are members of ethnic minorities, including groups in the Northwest Highlands (H’mong, Dzao, Thai, and others) and in the Central Highlands (Ede, Jarai, Sedang, and M’nong, among others, including groups referred to as Montagnards).  The Khmer Krom ethnic group overwhelmingly practices Theravada Buddhism.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states that all individuals have the right to freedom of belief and religion, including the freedom to follow no religion.  The constitution acknowledges the right to freedom of religion or belief of those whose rights are limited, including inmates or any foreigners and stateless persons.  The constitution states all religions are equal before the law and the state must respect and protect freedom of belief and religion.  The constitution prohibits citizens from violating the freedom of belief and religion or taking advantage of a belief or religion in order to violate the law.

The Law on Belief and Religion and implementing Decree 162, which came into effect on January 1, serve as the primary documents governing religious groups and their activities.  At year’s end, a decree prescribing penalties for noncompliance with the new law had yet to be finalized.  The law reiterates citizens’ rights to freedom of belief and religion and that individuals may not use the right of belief and religious freedom to undermine peace, national independence, and unification; incite violence or propagate wars; proselytize in contravention of the state’s laws and policies; divide people, nationalities, or religions; cause public disorder; infringe upon the life, health, dignity, honor and/or property of others; impede the exercise of civic rights and performance of civic obligations; or conduct superstitious activities or otherwise violate the law.

The government recognizes 38 religious organizations and one dharma practice (a set of spiritual practices) that affiliate with 15 distinct religious traditions as defined by the government.  The 15 religious traditions are:  Buddhism, Islam, Baha’i, Catholicism, Protestantism, Church of Jesus Christ, Hoa Hao Buddhism, Cao Dai, Buu Son Ky Huong, Tinh Do Cu Si Phat Hoi, Tu An Hieu Nghia, Phat Duong Nam Tong Minh Su Dao, Minh Ly Dao Tam Tong Mieu, Khmer Brahmanism, and Hieu Nghia Ta Lon Buddhism.  Distinct denominations within these religious traditions must seek their own registration and/or recognition.  Three additional groups – the Assemblies of God, Ta Lon Dutiful and Loyal Buddhism, and Vietnam Full Gospel Church – have “registration for religious operation” but are not recognized as official organizations.

The law provides for government control over religious practices and permits restrictions on religious freedom in the interest of “national security” and “social unity.”

The new law reduced the waiting period for a religious group, and its affiliate group or groups, to obtain recognition from 23 years to five years and for the first time specifies that recognized religious organizations and their affiliates are noncommercial legal entities.  The law also specifies that religious organizations be allowed to conduct educational, health, social protection, charitable, and humanitarian activities in accordance with the relevant laws, but it does not specify which law prevails in instances in which the law may contradict other laws, or where other laws do not have clear provisions, such as the Law on Education.

The CRA is responsible for implementing religious laws and decrees, and it maintains offices at the central, provincial, and, in some areas, district level.  The law lays out specific responsibilities for central-, provincial-, and local-level CRA offices and delegates certain religion-related management tasks to provincial- and local-level people’s committees (i.e., local leaders).  The central-level CRA is charged with disseminating information to authorities and assuring uniform compliance with the legal framework on religion at the provincial, district, commune, and village levels.

By law, forcing others to follow or renounce a religion or belief is prohibited.

The law requires “religious practices” to register with communal authorities where the “lawful premises for the religious practice is based” and prescribes two stages of institutionalization for religious organizations seeking to gather at a specified location to “practice worship rituals, pray, or express their religious faith.”  The first stage is “registration for religious operation” with the provincial- or national-level CRA, depending on the geographic extent of the group’s activities.  A registration for religious operation allows the group to organize religious ceremonies and religious practice; preach and conduct religious classes at approved locations; elect, appoint, or designate functionaries; repair or renovate the headquarters; engage in charitable or humanitarian activities; and organize congresses to approve its charter.  To obtain this registration, the group must submit a detailed application package with information about its doctrine, history, bylaws, leaders, and members and proof it has a legal meeting location.  The relevant provincial CRA office or the Ministry of Home Affairs (MHA), depending on whether the group in question is operating in one or more provinces, is responsible for approving a valid application for registration within 60 days of receipt.  The relevant provincial CRA office or the MHA is required to provide any rejection in writing.

The second stage of institutionalization is recognition.  A religious group may apply for recognition after it has operated continuously for at least five years since the date of receiving the “registration for religious operation.”  The religious group is required to have a legal charter and bylaws, leaders in good standing without criminal records, and to have managed assets and conducted transactions autonomously.  To obtain such recognition, the group must submit a detailed application package to the provincial or national level CRA, depending on the geographic extent of the organization.  The application dossier must include a written request specifying the group’s structure, membership, geographical scope of operation and headquarters location; summary of history, dogmas, canon laws and rites; list and resumes, judicial records, and summary of religious activities of the organization’s representative and tentative leaders; charter; declaration of the organization’s lawful assets; and proof of lawful premises to serve as a headquarters.  The relevant provincial people’s committee or the MHA is responsible for approving a valid application for recognition within 60 days of receipt.  The relevant provincial people’s committee or MHA is required to provide any rejection in writing.  Recognition allows the religious group to conduct religious activities in accordance with the religious organization’s charter; organize religious practice; publish religious texts, books, and other publications; produce, export, and import religious cultural products and religious articles; renovate, upgrade, or construct new religious establishments; and receive lawful donations from domestic and foreign sources, among other rights.

The law states that religious organizations and their affiliates, clergy, and believers have the right to file complaints or civil and administrative lawsuits, or make formal complaints about government officials or agencies (denunciations) under the relevant laws and decrees.  The law also states that organizations and individuals have the right to bring civil lawsuits in court regarding the actions of religious groups or believers.  There were no specific analogous provisions in the previous laws.

The law provides a separate process for unregistered, unrecognized religious organizations or groups of individuals to receive permission for specific religious activities by submitting an application package to the commune-level people’s committee.  Current regulations require the people’s committee to respond in writing to such an application within 20 working days of receipt.  The law specifies that a wide variety of religious activities require advance approval or registration from the authorities at the central and/or local levels.  These activities include “belief activities” (defined as traditional communal practices related to ancestor, hero, or folk worship); “belief festivals” being held for the first time; the establishment, split, or merger of religious affiliates; the ordination, appointment, or assignment of religious administrators (or clergy with administrative authority); establishment of a religious training facility; conducting religious training classes; holding major religious congresses; organizing religious events, preaching or evangelizing outside of approved locations; traveling abroad to conduct religious activities or training; and joining a foreign religious organization.

Certain religious activities do not require advance approval, but instead require notification to the appropriate authorities.  Activities requiring notification include recurring or periodic “belief festivals”; dismissal of clergy; conducting fundraising activities; notification of enrollment figures at a seminary or religious school; the repair or renovation of religious facilities not considered cultural-historical relics; ordination, appointment, or assignment of religious clergy (such as monks); transfers or dismissals of religious administrators (or clergy with administrative authority); conducting operations at an approved religious training facility; routine religious activities (defined as “religious preaching, practicing religious tenets and rites, and management of a religious organization”); and internal conferences of a religious organization.

The law provides prisoners access to religious materials, with conditions, while in detention.  It reserves authority for the government to restrict the “assurance” of that right.  Decree 162 states detainees may use religious documents that are legally published and circulated, in line with legal provisions on custody, detention, prison, or other types of confinement.  This use and/or practice must not affect rights to belief/religion or nonbelief/religion of others or go against relevant laws.  The decree states the Ministry of Public Security, Ministry of Defense, and Ministry of Labor, Invalids, and Social Affairs shall be responsible for providing guidelines on the management of religious documents, and the time and venue for the use of these documents.

The law specifies that religious organizations must follow numerous other laws for certain activities.  Religious organizations are allowed to conduct educational, health, charitable, and humanitarian activities in accordance with the relevant laws, but the law does not provide clarification as to which activities are permitted.  In addition, construction or renovation of religious facilities must be undertaken in accordance with relevant laws and regulations on construction and foreigners participating in religious activities must abide by immigration law.

The law states that publishing, producing, exporting, or importing religious texts must be in accordance with laws and regulations related to publishing.  Publishing legislation requires all publishers be licensed public entities or state-owned enterprises.  Publishers must receive prior government approval to publish all documents, including religious texts.  By decree, only the Religious Publishing House may publish religious books.  Any bookstore may sell legally published religious texts and other religious materials.

The constitution states the government owns and manages all land on behalf of the people.  According to the law, land use by religious organizations must conform to the land law and its related decrees.  The land law recognizes that licensed religious institutions and schools may acquire land-use rights and be allocated or leased land.  The law specifies religious institutions are eligible for state compensation if their land is seized under eminent domain.  The law allows provincial-level people’s committees to seize land via eminent domain in order to facilitate the construction of religious facilities.

Under the law, provincial-level people’s committees may grant land-use certificates for a “long and stable term” to religious institutions if they have permission to operate, the land is dispute-free, and the land was not acquired via transfer or donation after July 1, 2004.  Religious institutions are not permitted to exchange, transfer, lease, donate, or mortgage their land-use rights.  In land disputes involving a religious institution, the chairperson of the provincial-level people’s committee has authority to settle disputes.  Those who disagree with the chairperson’s decision may appeal to the minister of natural resources and environment or file a lawsuit in court.

In practice, if a religious organization has not obtained recognition, members of the congregation may acquire a land-use title individually, but not corporately as a religious establishment.

The renovation or upgrade of facilities owned by religious groups also requires notification to authorities, although it does not necessarily require a permit, depending on the extent of the renovation.

The government does not permit religious instruction in public and private schools.  Private schools are required to follow a government-approved curriculum, which does not allow for religious instruction.  The government does not permit religious groups to run private schools; however, some religious groups, such as Catholics and Buddhists, run kindergartens, and some Christian churches have seminaries.

The law no longer requires individuals to specify their religious affiliation on national identification cards.

There are separate provisions of the law for foreigners legally residing in the country to request permission to conduct religious activities, teach, attend local religious training, or preach in local religious institutions.  The law requires religious organizations or citizens to receive government permission in advance of hosting or conducting any religious activities involving foreign organizations, foreign individuals, or travel abroad.  Current regulations also contain requirements for foreigners conducting religious activities within the country, including those involved in religious training, ordination, and leadership, to seek permission for their activities.

The country is a party to the International Covenant on Civil and Political Rights.

Government Practices

On February 9, a court in An Giang Province sentenced six independent Hoa Hao Buddhists – Bui Van Trung, Bui Van Tham, Nguyen Hoang Nam, Le Thi Hong Hanh, Le Thi Hen, and Bui Thi Bich Tuyen – to two to six years in prison on charges of “resisting persons in the performance of their official duties.”  Bui Van Trung was additionally charged with “causing public disorder.”  Le Thi Hen’s sentence was later suspended due to health concerns, and authorities had not yet forced Bui Thi Bich Tuyen to report to prison.  According to the indictment by the People’s Procuracy of An Phu District in November 2017, the defendants “disturbed the public order and impacted the safety and order of the traffic, causing a traffic jam on national route 91C by hindering, obstructing, pushing, and screaming to provoke and denounce transportation police.”  According to Radio Free Asia, the basis of the charges against Trung was that in April 2017 family members and friends attempted to hold an unregistered death anniversary commemoration in Trung’s home prayer hall.

On April 5, a court in Hanoi sentenced independent Hoa Hao follower and religious freedom and human rights activist Nguyen Bac Truyen and Protestant Pastor Nguyen Trung Ton to 11 years and 12 years in prison, respectively, for “carrying out activities aimed at overthrowing the administration.”  Both had been associated with a group called the Brotherhood for Democracy and were tried with several other prominent human rights activists.  Truyen ran the Vietnamese Political and Religious Prisoners Friendship Association and, among other activities, advocated for the rights of independent and unregistered Hoa Hao followers.  Ton was a long-time advocate for human rights and religious freedom.  He had been a member of Interfaith Council in Ho Chi Minh City, a group composed predominately of representatives of unregistered religions.

The family members of Ma Seo Sung, a H’mong Protestant man who died in police custody in 2017, were forced by local authorities to leave their homes during the year after repeated harassment, including threats of arrest, from local authorities in Buon Ma Thuot, Dak Lak Province, after they publicized details of Ma Seo Sung’s death, according to individuals close to the family.  The family said commune police arrested Ma Seo Sung in 2017 under suspicion of “searching for a new Christian homeland.”

On April 12, a court in Thai Nguyen Province sentenced four Falun Gong practitioners to a total of nine years’ imprisonment for theft.  According to independent media, local authorities confiscated their assets (including drums, loudspeakers, and drumsticks) when they practiced spiritual exercises in a park.  Subsequently, the four practitioners reportedly came to the authorities’ office and took back their assets without consent.

Many independent and unsanctioned religious leaders who participated in the 2018 Southeast Asia Freedom of Religion or Belief Conference in Thailand reported they faced harassment upon their return to Vietnam, including Chang A Do, a local leader and member of the Evangelical Church of Vietnam who was harassed and threatened with arrest in October by Communist Party representatives from the central and local governments, and by police and plainclothes individuals in Doan Ket Village, Dak Ngo Commune, Tuy Duc District, Dak Nong Province, according to a nongovernmental organization (NGO).  Government officials also prevented several from leaving the country to attend the event.

On October 3 and 4, commune and district police in Krong Pac District, Dak Lak Province, convened a public denunciation of Ksor Sun, Pastor Y Nuen Ayun, and Y Jon Ayun, all members of the Evangelical Church of Christ, according to an NGO.  Police accused the individuals of going against the government and the Communist Party of Vietnam.  Police reportedly said these individuals should be sentenced to up to 20 years in prison, and if they wanted to remain in the community, they must leave the Church of Christ.

In June staff working for the warden of Gia Trung Prison, Mang Yang District, Gia Lai Province, beat Pastor A Dao of the Evangelical Church of Christ, who advocated for religious freedom for his fellow church members in the Central Highlands, according to an NGO report.

Members of various ethnic minority groups in the Central Highlands collectively known as Montagnards stated government officials continued to assault, monitor, interrogate, arbitrarily arrest, and discriminate against them, in part because of their religious practices.  Officials stated that “Degar” Christians incited violent separatism by ethnic minorities in the Central Highlands from 2001 through 2008.  State-run media published articles cautioning individuals that Degar Protestantism aimed to undertake antigovernment activities.

In some cases, Montagnards stated ongoing social and religious persecution drove them to flee to Cambodia and Thailand, where some sought asylum.  Several such asylum seekers in Thailand reported local-level (communal) Vietnamese authorities continued to harass them remotely, through social media and by harassing, intimidating, and in some cases threatening and physically assaulting family members back home.

In Song Ngoc Catholic parish, Vinh Diocese, Nghe An Province, there were multiple incidents of plainclothes individuals harassing parishioners and priests, assaulting parishioners, and damaging church property and the property of parishioners, according to Catholic representatives and NGOs.

In April plainclothes individuals assaulted parishioners of Dong Kieu parish at Dien My Commune, Nghe An Province, according to Catholic representatives and NGOs.

On December 25, police from Nan San Commune, Si Ma Cai District, Lao Cai Province in the Northwest Highlands, reportedly stopped a Christmas celebration of the H’mong Gospel Missionary Church and assaulted adherent Hang Seo Pao for holding an unsanctioned gathering.  Church members said they had applied to local authorities for permission to hold the gathering but were denied.

Throughout the year, local authorities in Trung Lap Ha Commune, Cu Chi District, Ho Chi Minh City, told members of the UBCV Lien Tri home pagoda to stop praying and to remove all banners and UBCV Buddhist flags.  The authorities said persons attending the ceremony could continue to gather but could not give offerings, pray, or administer rituals, as their location was unregistered.  According to one adherent, in August and September plainclothes police surveilled the pagoda and prevented monks from leaving.

A senior pastor of an unregistered Protestant church reported that local authorities did not allow his organization to organize summer camps for children in the Central Highlands and Northern Highlands and asked some members not to worship in Quang Ngai, Ninh Thuan, Dak Lak, and Dak Nong Provinces.

Members of the military were not permitted to read the Bible or practice religious rites at any time while on active duty; they had to take personal leave to conduct such activities, religious freedom experts reported.  The Association for the Protection of Freedom of Religion reportedly sent a petition to the government in 2015 requesting soldiers be allowed to attend church while on duty; however, the association still had yet to receive a response.  There were no clear regulations for religious expression in the military, with individual unit commanders having significant discretion, experts reported.

Authorities continued to deny some prisoners and detainees the right to religious practice.  Officers at the Nam Ha detention facility, Phu Ly District, Ha Nam Province, continued to refuse to allow a priest to visit Catholic prisoner Ho Duc Hoa, according to Hoa’s family.  Prison authorities stated this was due to the lack of appropriate facilities inside the prison for the priest to perform services.  Other prisoners continued to report they were allowed to read the Bible or other religious materials and practice their beliefs while incarcerated.  According to an NGO, independent Hoa Hao adherent Bui Van Trung was able to have a censored version of the Hoa Hao scripture in prison.

Registered Protestant, Buddhist, and Cao Dai leaders reportedly did not face the same difficulties as independent or unregistered Protestant, Buddhist, and Cao Dai leaders.  Media carried reports of registered religious groups celebrating festivals without impediment.

On December 18, Joseph Vu Van Thien was installed as the new Archbishop of Hanoi at a ceremony attended by Catholic leaders from Vietnam and the Vatican and by members of the diplomatic corps.  The prime minister also received a high-level Vatican delegation on December 18.

On September 24, local and central authorities permitted a Cao Dai festival commemorating the Holy Goddess Mother to be held at the Cao Dai Holy See.  The festival drew the participation of hundreds of thousands of adherents and pilgrims, including foreign religious representatives, foreign diplomats, and international academia.  Senior officials of Tay Ninh Province and the CRA also attended the festival.

The government stated it continued to monitor the activities of certain religious groups because of their political activism and invoked national security and solidarity provisions in the constitution and penal code to override laws and regulations providing for religious freedom.  For example, the government impeded some religious gatherings and blocked attempts by religious groups to proselytize certain ethnic groups in border regions deemed sensitive, including the Central Highlands, Northwest Highlands, and certain Mekong Delta provinces.

Government treatment of foreigners seeking to worship or proselytize varied in practice from locality to locality.  Foreigners were generally able to meet and conduct services.  Municipal officials allowed multiple foreign religious congregations to meet.  Some foreign religious congregations said they could conduct charitable activities with tacit, but not official, permission.

State-run media and progovernment websites sometimes equated particular Christian denominations and other religious groups with separatist movements, blaming them for political, economic, and social problems, particularly in remote areas in the Northwest and Central Highlands where there was a high concentration of ethnic minorities.  Progovernment websites repeatedly accused these groups of being “cover” for or “tools” of “hostile forces to act against the state,” “disrupt the great solidarity” or “destroy the [Vietnamese] culture” and warned the public not to be “fooled.”  Many progovernment websites and blogs criticized various religious groups and believers who were critical of the authorities or engaged in any activities that the authorities deemed sensitive, including protests against China, the cybersecurity law, land confiscation, or various social and economic issues.  Groups attracting the most vociferous criticism on these sites included priests and Catholics in the central part of the country, particularly in Nghe An Province, Falun Gong practitioners, and Protestants in the Central Highlands.

Catholic priests in the central part of the country continued to help organize a series of demonstrations calling for stronger environmental protection.  Many Catholic churches in these provinces held demonstrations in June to protest draft laws on special administrative economic zones and a new restrictive cybersecurity law.  Priests continued to assist parishioners in filing complaints and lawsuits against the government for financial compensation for losses suffered in the aftermath of a 2016 industrial disaster in the region.  State-run media and progovernment blogs continued to publish material defaming priests who assisted activists and victims of the 2016 Formosa incident in which a steel mill discharged toxic waste into the sea, leading to a massive fish kill in the central part of the country.  Priests who helped victims were reportedly pressured by authorities to leave their parishes.  In February the Bishop of Vinh Diocese transferred Father Dang Huu Nam, who had served in Phu Yen Parish near the steel mill for three years.  State-run media quoted the bishop as saying he was not pressured to make this decision.

Progovernment blogs published multiple articles criticizing Catholic priests and parishioners who were vocal in their opposition to the government on a variety of issues, including a cybersecurity law that human rights groups and others said could lead to violations of freedom of expression and other human rights, accusing them of receiving money from and “colluding with hostile forces with the purpose of inciting public disorder and acting against the Communist Party and State.”

In August police and local authorities in Hue surrounded the local UBCV temple and reportedly harassed, intimidated, and intercepted members of the Buddhist Youth Movement as they organized the movement’s annual summer camp.

Multiple Buddhist clergy of the recognized Vietnam Buddhist Sangha who supported land rights activists or were outspoken about suspected corruption within the organization reported local authorities continued to harass them and members of their pagodas, including in Bac Giang Province and in Hanoi.  They said harassment included intimidation of monks and nuns, expulsion by force of clergy from their buildings, suspected plainclothes police breaking into religious buildings, the destruction of pagoda property, and theft of cash donations from villagers.  Central government authorities agreed to allow at least one of these individuals, a Sangha nun, to return to her pagoda if she ceased petitioning the government.

In November UBCV Supreme Patriarch Thich Quang Do stated he left the government-sanctioned Thanh Minh Monastery in Phu Nhuan District, Ho Chi Minh City, of his own accord to travel to his home province to bless a pagoda for his family.  Do subsequently returned to Ho Chi Minh City and took up residence in the UBCV-affiliated Tu Hieu Pagoda, the first time he had been able to live in a UBCV pagoda since 1998.  Earlier reports, primarily on social media, said Do’s superior monk, Thich Thanh Minh, had been pressured by authorities and asked Do to leave because his presence caused political and economic problems for the monastery.

Other UBCV leaders stated the government continued to monitor their activities and restrict their movements, although they were able to meet with some foreign diplomats, visit other UBCV members, and maintain contact with associates overseas.  General Secretary Le Cong Cau of the UBCV reported local police closely watched him and prevented him from traveling outside Hue.

Throughout the year, Falun Gong practitioners reported harassment by authorities in numerous provinces and cities, including Cao Bang, Lang Son, Son La, Nghe An, Hue, Lam Dong, Dong Thap, Ca Mau, Ho Chi Minh City, Nha Trang, Quang Ngai, Hue, and Hanoi.  Harassment included local authorities asking them to leave the parks where practitioners had gathered and other public spaces, where individuals were blaring loud music and throwing items such as fermented fish sauce on practitioners.

State media reported authorities at different levels in the Northwest Highlands, including Cao Bang, Tuyen Quang, Bac Can, and Thai Nguyen Provinces, continued to state the Duong Van Minh religious group was a threat to national security, political stability, and social order.  Authorities said eliminating membership in the group was a priority.  During the year, authorities in Cao Bang, Tuyen Quang, and Bac Can collectively reportedly destroyed 38 structures used to store funerary objects used by the Duong Van Minh group and burned the funerary objects inside.  Authorities in these provinces and Thai Nguyen also reportedly encouraged schoolchildren not to follow the Duong Van Minh religion.

Throughout the year, there were numerous reports of harassment of H’mong Protestants in the Northwest and Central Highlands.  Local officials in several provinces in the Central Highlands, including Doan Ket Village, Dak Ngo Commune, Tuy Duc District, Dak Nong Province, denied household registration, which is necessary for all Vietnamese citizens, to approximately 700 H’mong Christian individuals who had migrated there in recent years, according to an NGO and H’mong Protestant sources.  As a result, many of their children were unable to go to school.

Some registered and unregistered Protestant groups continued to report local authorities, particularly in the Central Highlands, pressured newer congregations to affiliate with older, well-established congregations.  Pastors said this practice was widespread in ethnic minority villages in Gia Lai and Kon Tum Provinces.  Authorities reportedly also pressured smaller Southern Evangelical Church of Vietnam (SECV) congregations, some with as many as 100 followers, to combine into larger groups of up to 1,500 in order to be registered.  Church leaders again stated such requests were unreasonable, saying many of the congregations were composed of a variety of ethnic minority groups with different languages and incongruent worship practices.  Mountainous terrain and lack of infrastructure in the rural highlands prevented other SECV churches from sustaining the required minimum number of followers necessary to qualify for local registration.

Religious leaders expressed mixed views on the new Law on Belief and Religion.  Some religious groups and experts continued to state the new law was a step forward in certain areas for religious freedom, including the reduced registration/recognition time and granting legal personality to religious groups.  Some religious groups and experts expressed concern that a more precise legal approach and registration process could make the operations of religious groups – including registration of meeting points and clergy, expansion, and proselytization – more difficult.  Religious leaders and experts continued to emphasize that the two implementing decrees, one still in draft form, and actual implementation of the law, particularly at the local level, would be critical, and expressed frustration at the uneven implementation to date.

The government organized multiple conferences and training sessions on the new law throughout the year at the local, provincial, and national levels, including a public presentation in May for Hanoi-based diplomats and government implementers.  Religious leaders in remote areas of An Giang Province stated they had received training on the new law and that it had been translated into local languages.  Religious leaders continued to note existing laws and regulations on education, health, publishing, and construction were restrictive toward religious groups and would need to be revised to allow religious groups greater freedom to conduct such activities in practice.

Religious leaders and academics said the new law continued to enshrine in the country’s legal framework significant restrictions and bureaucratic controls over religious activity.  Many religious leaders expressed concern the law continued to give significant discretion to the government regarding approving or denying various types of applications.  Some observers continued to say the new law was not in place to protect religious freedom but rather to serve and cater to the rules of the Communist Party.  Groups also stated the law should allow religious organizations to conduct activities without the need for government approvals.

Registered and unregistered religious groups continued to state government agencies sometimes did not respond to registration applications or approval requests for religious activities within the stipulated time period, if at all, and often did not specify reasons for refusals.  Some groups reported they successfully appealed local decisions to higher-level authorities through informal channels.  Several religious leaders reported authorities sometimes asked for bribes to facilitate approvals.  Authorities attributed the delays and denials to the failure of applicants to complete forms correctly or provide complete information.  Religious groups said the process to register groups or notify activities in new locations was particularly difficult.

Churches affiliated with the ECVN had difficulty registering with local authorities in Quang Binh, Bac Giang, Bac Ninh, and Hoa Binh Provinces.  The ECVN stated that more than 1,000 affiliates and a total of 500 of its meeting points were recognized, although there were many more it wished to register.  Church leaders said that local authorities permitted individuals to gather without incident at unregistered meeting points in numerous provinces.  Numbers were not available for the south.

Local authorities continued to cite general security concerns, such as political destabilization or potential conflict between followers of established ethnic or traditional religious beliefs and newly introduced Christian beliefs, as reasons to deny approval.

According to many Catholic bishops, parishes in remote areas or with majority ethnic minority populations continued to face difficulty registering with provincial authorities, uneven and inconsistent enforcement of national laws, and a lack of accountability on the part of provincial authorities.  Catholic leaders again stated the most problematic regions were in the Central Highlands (Gia Lai, Dak Lak, Dak Nong, Kon Tum, and Lam Dong Provinces), and the Northwest Highlands, including Hoa Binh, Son La, Dien Bien, Lai Chau, Lao Cai, and Yen Bai.

Hoa Binh authorities continued to deny Luong Son parish’s application to become a parish-affiliate of Hoa Binh Diocese and did not respond to a similar request from Vu Ban parish, Catholic representatives reported.  Authorities said the Long Son application was not complete and Vu Ban was a new parish, which the Church continued to dispute, according to Catholic authorities.

Some Buddhist, Protestant, and Cao Dai groups chose not to affiliate with any government-recognized or government-registered religious organizations, nor did they seek their own registration or recognition.  Unregistered Buddhist, Cao Dai, and Christian religious groups, including members of the Interfaith Council, continued to regularly report some provincial authorities used local registration laws as a pretext to pressure, intimidate, threaten, extort, harass, and assault them, and discouraged their members’ participation in the groups.

On November 9, plainclothes police in Lam Dong reportedly set fire to a storage room at the coffee plantation of Hua Phi, an unregistered Cao Dai master, the day after he met with foreign diplomats in Ho Chi Minh City.  The storage room was completely destroyed, but no casualties were reported.

On September 11, the CRA granted a “certificate of registration for religious activities” to Vietnam Full Gospel Denomination at a ceremony in Ho Chi Minh City.  On December 14, the CRA granted a “certificate of registration for religious activities” to the Vietnam United Gospel Outreach Church, also in Ho Chi Minh City.

The ECVN and the unregistered Vietnam Baptist Convention both reported increased difficulty gathering in well-established meeting points during the year, including in Bac Giang and Thanh Hoa Provinces.  In their rejections of applications and disruptions of religious services, local authorities noted that they viewed prior gatherings as illegal and explained the meeting points had not fulfilled requirements for organizing and conducting religious gatherings.  For example, they had “no legal representatives who coordinate with the authorities in exercising the state management of religious activities in line with the law” or failed “to meet order and safety requirements.”

Throughout the year, independent Hoa Hao followers and activists reported local authorities, police, and suspected plainclothes police in several provinces, including An Giang, Vinh Long, and Dong Thap, and in Can Tho City established checkpoints to monitor and prevent them from travelling to the unregistered Quang Minh Pagoda, to participate in a major religious commemoration.  Local authorities reportedly said the government would not allow Hoa Hao followers to commemorate anniversaries related to the life of Prophet Huynh Phu So.

On April 18, public security officials in Ko M’Leo Hamlet, Hoa Thang Commune, Buon Ma Thuot City, Dak Lak Province, came to a house church of the unregistered Evangelical Church of Christ, interrogated adherents about their religious activities, and told them not to worship in a group or teach the Bible because the church was not registered, according to an NGO.  On April 27, public security officials in Ea Yong A Hamlet, Ea Yong Commune, Krong Pac District, Dak Lak Province, reportedly “invited” a churchgoer to the ward official’s office for interrogation on his religious activities and the unregistered Evangelical Church of Christ.  The officials forbade him to worship at home, attend services of the Evangelical Church of Christ, or attend other unregistered Protestant churches.  During May and June public security officials in Tot Bioch Village, Chu Se Town, Gia Lai Province, and in Buon Ho Town, Dak Lak Province, monitored suspected evangelical Christians, interrogated them about their religious activities, and told them to recant their faith, according to an NGO.

Leaders and members of unregistered congregations reported police harassment, such as being detained for questioning, undergoing increased surveillance, and having their cell phones and Bibles confiscated.  There were reports of severe harassment in Dak Lak, Kon Tum, Gia Lai, Binh Phuoc, Tra Vinh, and Phu Yen Provinces, among others.

In Muong Khuong District, Lao Cai Province, local authorities continued to prevent Catholic priests from conducting services in certain areas.  A priest stated that authorities targeted him and his parishioners on July 31 after they visited parishioners in Cao Son and La Pan Tan Village at unregistered meeting points.  Before the visit, the priest said he filed a registration request with the local authorities but received no response.

Although the law prohibits publishing of all materials, including religious materials, without government approval, in practice some private, unlicensed publishing houses continued to unofficially print and distribute religious texts without active government interference.  Other licensed publishers printed books on religion.  Publishers had permission to print the Bible in Vietnamese and a number of other languages, including Chinese, Ede, Jarai, Banar, M’nong, H’mong, C’ho, and English.  Other published texts included, but were not limited to, works pertaining to ancestor worship, Buddhism, Christianity, Islam, and Cao Dai.

On March 2, authorities permitted a showing of the film “Walk With Me,” a documentary on the doctrine of Zen Buddhism master Thich Nhat Hanh.  The film was reportedly shown in more than 60 theaters throughout the country.

Some Protestant church leaders, Montagnards, and followers of Duong Van Minh stated that local authorities seized their land or property partly due to their religious beliefs or that they received less compensation for seized land than others not affiliated with these groups.  Provincial authorities routinely dispersed religious gatherings and directed officials to organize public renunciations of Degar Christianity or other “unauthorized Christian beliefs” among ethnic minority communities.

In July 2017, the Thua-Thien Hue Provincial People’s Committee met representatives of the Thien An Monastery and Catholic Archdiocese of Hue to try to resolve a nearly 20-year-old land dispute related to the Thien An Monastery.  At the end of the year, the dispute remained unresolved; both sides stated they welcomed the opportunity for dialogue.

During the year, Venerable Thich Khong Tanh and monks from the Lien Tri Pagoda, which district authorities in Ho Chi Minh City demolished in 2016, were still living at dispersed locations throughout the city.  Tanh reported local authorities refused to offer any site to rebuild the pagoda other than the one previously offered in the Cat Lai area of Ho Chi Minh City, which Tanh said he found inappropriate.

On November 9 in Da Nang City, Son Tra District authorities in Da Nang City demolished the unregistered An Cu house pagoda, affiliated with the UBCV, after three years of land-use negotiations failed.

Relocation discussions between authorities and leaders of the Dong Men Thanh Gia (Lovers of the Holy Cross) Thu Thiem Catholic Convent and Thu Thiem Catholic Church continued at year’s end.

On September 19, the Ho Chi Minh City Department of Natural Resources and Environment announced the city had granted land-use certificates to more than 800 religious entities consisting of a total area of more than 200 hectares (500 acres).  The city reportedly aimed to issue land-use certificates to all local religious groups by the end of 2019.  Local authorities granted the Kon Tum Archdiocese a land-use certificate during the year.

The government continued to restrict the number of students permitted to enroll in Catholic and Protestant seminaries.  The churches’ leadership said the numbers allowed were inadequate to meet demand.  ECVN leaders said 23 students graduated from their Bible school in the last five years.  The government continued to permit them to recruit new students every two years.

On December 17 in Ho Chi Minh City, the Vietnam Seventh-day Adventist Church organized the opening ceremony of its first domestic Christian Bible College.

Authorities permitted Catholic, Protestant, Muslim, Baha’i, and Buddhist groups to provide religious education to adherents in their own facilities, and religious leaders noted increased enrollment in recent years.  Students continued to participate in training sessions on fundamental Buddhist philosophy organized at pagodas nationwide during summer holidays.

Some religious leaders faced travel restrictions, and leaders and followers of certain religious groups faced restrictions on movement by government authorities.  On May 14, border guards in Bo Y Border Gate, Kon Tum Province, prohibited Catholic Redemptorist Father Dinh Huu Thoai from exiting the country without providing justification for his travel.

In January, February, and May, independent Cao Dai follower Hua Phi reported local authorities did not allow him to leave Lam Dong Province for travel to Ho Chi Minh City for medical treatment.  He said he was allowed to seek treatment later in the year.

During the year, authorities lifted travel restrictions on certain religious leaders.  Authorities again permitted Zen Master Thich Nhat Hanh to visit Danang and Hue, his second annual visit after a decade outside the country.  Hanh resided at Tu Hieu Pagoda in Hue at year’s end, and adherents reported no difficulties visiting him.

Protestant and Catholic groups continued to report that legal restrictions and lack of legal clarity on operating faith-based medical and educational facilities made them wary of attempting to open hospitals or parochial schools, despite government statements welcoming religious groups to expand participation in health, education, and charitable activities.  Catholic representatives said the government refused to return hospitals, clinics, and schools seized from the Catholic Church in past decades, although Catholic leaders noted modest progress with local authorities in land disputes around the country.  The majority of educational facilities owned and run by religious groups continued to be kindergartens and preschools.

In several cases, local authorities permitted religious organizations to operate social services and to gather for training.  For example, in Hanoi and surrounding areas, city officials continued to allow Protestant house churches to operate drug rehabilitation centers, and a church affiliated with the Full Gospel Church in Quoc Oai, a district of Hanoi, noted progress in dealing with local authorities and expanding drug treatment operations following authorities’ acceptance of the Full Gospel Church’s Registration of Religious Operation.  The registration had eased the affiliated church’s operations in areas outside Quoc Oai as well, according to the church leader.

Most representatives of religious groups continued to report adherence to a registered religious group generally did not seriously disadvantage individuals in nongovernmental civil, economic, and secular life, but that adherence to an unregistered group was more disadvantageous.  Practitioners of various registered religions served in local and provincial government positions and were represented in the National Assembly.  Many nationally recognized religious organizations, such as the Vietnam Buddhist Sangha, as well as other clergy and religious followers, were members of the Vietnam Fatherland Front, an umbrella group for government-affiliated organizations under the guidance of the Communist Party of Vietnam (CPV).  High-ranking government officials sent greetings and visited churches during Christmas and Easter and attended Vesak activities commemorating the birth of the Buddha.  The official resumes of the top three CPV leaders stated they followed no religion.

While Catholics and Protestants could serve in the enlisted ranks (including during temporary mandatory military service), commissioned officers were not permitted to be religious believers.  Religious adherents continued to be customarily excluded through the military recruitment process.

Section III. Status of Societal Respect for Religious Freedom

There were several reports of registered Cao Dai adherents preventing adherents of the unsanctioned Cao Dai from performing certain religious rituals.  Registered Cao Dai members prevented the family of unsanctioned Cao Dai adherent Le Van Nha from burying him in the Cuc Lac Thai Binh Cemetery on January 7, according to a report prepared by the unregistered Cao Dai.  Unregistered Cao Dai also accused the registered group of demolishing graves of unregistered Cao Dai in the Cuc Lac Thai Binh Cemetery.  The group also reported that in January registered Cao Dai adherents prevented an unregistered Cao Dai follower from conducting the ninth-day posthumous rites for her husband unless she used a clergy member from the registered group in Ninh Phuoc Village, Ninh Thanh Ward, Tay Ninh City, Tay Ninh Province.

There continued to be some incidents of harassment of Catholics by the progovernment Red Flag Association, although the group reportedly dissolved itself in March.  On February 23, social media carried reports that members of the Red Flag Association at an elementary school at Dien Doai Commune, Dien Chau District, Nghe An Province, intimidated and beat Catholic parents meeting with the school’s leadership to get more information about the expulsion of their children after they refused to pay additional school fees.

The Catholic Institute continued to meet at the Ho Chi Minh City Archdiocese’s Pastoral Center located next to the St. Joseph Grand Seminary, while discussing a suitable permanent location with the city government.  The current venue limited the institute’s ability to accept new students because it received more applications than it could accommodate in the space.

Section IV. U.S. Government Policy and Engagement

Representatives from the Embassy in Hanoi and the Consulate General in Ho Chi Minh City regularly raised concerns about religious freedom with a wide range of government officials and CPV leaders, including the president, prime minister, and senior officials in the Ministry of Foreign Affairs, the Ministry of Public Security, the CRA, and other offices in Hanoi, Ho Chi Minh City, and in various provinces and cities.  They stressed to government officials that progress on religious freedom and human rights was critical to an improved bilateral relationship.

The Ambassador and other officials at the embassy and consulate general urged authorities to allow all religious groups to operate freely, including the UBCV, Protestant and Catholic house churches, and independent Cao Dai and Hoa Hao groups; sought greater freedom for recognized and registered religious groups; advocated access to religious materials and clergy for those incarcerated; and urged an end to restrictions on unregistered groups.  Embassy and consulate general officials raised specific cases of abuse, as well as government harassment against Catholics, Protestant groups, the UBCV, independent Hoa Hao groups, and ethnic minority house churches, with the CRA, the Ministry of Foreign Affairs, and provincial- and local-level authorities.  U.S. government officials called for the increased registration of church congregations around the country and for improvement in registration policies to make them more uniform and transparent.  U.S. government officials also urged the government to resolve peacefully outstanding land-rights disputes with religious organizations.

The U.S. Ambassador at Large for International Religious Freedom met with the Chairman of the CRA in Washington, D.C. in July and raised concerns about implementation of the new law, the status of religious believers detained or imprisoned, and the situation of ethnic religious minority groups.  The Ambassador at Large and a senior official from the Department of State Bureau of Democracy, Human Rights, and Labor raised issues of religious freedom during the annual U.S. Vietnam Human Rights Dialogue in Washington.

Representatives of the Department of State Office of International Religious Freedom visited Vietnam in November and met with government officials from the MFA and the CRA as well as with registered and unregistered religious groups to discuss implementation of the Law on Belief and Religion and advocate for increased religious freedom, including allowing both registered and unregistered groups to exercise their rights freely, seeking accountability for reports of government harassment, and resolving lands-rights issues.

The Ambassador and embassy and consulate general officials met with religious leaders from both registered and unregistered religious groups and attended religious ceremonies to demonstrate support for religious freedom.  On December 11, the Ambassador and the Consul General visited Zen Master Thich Nhat Hanh in Tu Hieu Pagoda in Thua Thien, Hue.  On September 24, the Consul General addressed an estimated one hundred thousand attendees at the registered Cao Dai Holy Mother Goddess Festival in Tay Ninh Province and underscored the U.S. commitment to religious freedom.  Senior embassy and consulate officials at every level traveled throughout the country, including to the Northwest and Central Highlands, to monitor religious liberty and meet with religious leaders.  Representatives of the embassy and consulate general maintained frequent contact with many leaders of religious communities, including recognized, registered, and unregistered organizations.