The constitution declares Islam to be the state religion and prohibits state institutions from engaging in behavior incompatible with Islamic values.  The constitution provides for freedom of worship in accordance with the law and states freedom of conscience and freedom of opinion are inviolable.

The law does not prohibit conversion from Islam, but proselytizing of Muslims by non-Muslims is a criminal offense.  The law prescribes a maximum punishment of one million dinars ($8,500) and five years’ imprisonment for anyone who “incites, constrains, or utilizes means of seduction intending to convert a Muslim to another religion; or by using to this end establishments of teaching, education, health, social, culture, training … or any financial means.”  Making, storing, or distributing printed documents or audiovisual materials with the intent of “shaking the faith” of a Muslim is also illegal and subject to the same penalties.

The law criminalizes “offending the Prophet Muhammad” or any other prophets.  The penal code provides a punishment of three to five years in prison and/or a fine of 50,000 to 100,000 dinars ($420 to $850) for denigrating the creed or prophets of Islam through writing, drawing, declaration, or any other means.  The law also criminalizes insults directed at any other religion, with the same penalties.

The law grants all individuals the right to practice their religion as long as they respect public order and regulations.

The constitution establishes a High Islamic Council and states the council shall encourage and promote ijtihad (the use of independent reasoning as a source of Islamic law for issues not precisely addressed in the Quran) and express opinions on religious questions presented for its review.  The president appoints the members of the council and oversees its work.  The constitution requires the council to submit regular reports to the president on its activities.  A presidential decree further defines the council’s mission as taking responsibility for all questions related to Islam, for correcting mistaken perceptions, and for promoting the true fundamentals of the religion and a correct understanding of it.  The council may issue fatwas at the request of the president.

The law requires any group, religious or otherwise, to register with the government as an association prior to conducting any activities.  The Ministry of Interior (MOI) grants association status to religious groups; only registered associations are officially recognized.  The MOI’s registration requirements for national-level associations stipulate the founding members must furnish documents proving their identities, addresses, and other biographic details; furnish police and judicial records to prove their good standing in society; show they have founding members residing in at least one quarter of the country’s provinces to prove the association merits national standing; submit the association’s constitution signed by its president; and submit documents indicating the location of its headquarters. The law requires the ministry to provide a receipt for the application once it has received all the required documentation and to give a response within 60 days of submission of the completed application.  The law states applicants are de facto approved if the ministry fails to make a decision within the 60-day limit.  The law grants the government full discretion in making registration decisions, but provides applicants an opportunity to appeal a denial to an administrative tribunal.  For associations seeking to register at the local or provincial level, application requirements are similar, but the association’s membership and sphere of activity is strictly limited to the area in which it registers.  An association registered at the wilaya (provincial) level is confined to that specific wilaya.

The Ministry of Religious Affairs (MRA) must approve registration applications of religious associations.  The law, however, does not specify additional requirements for religious associations or further specify the MRA’s role in the process.  Religious groups may appeal an MRA denial to an administrative tribunal.

The National Commission for Non-Muslim Religious Groups, a government entity, is responsible by law for facilitating the registration process for all non-Muslim groups.  The MRA presides over the commission, composed of senior representatives of the Ministries of National Defense, Interior, and Foreign Affairs, the presidency, national police, national gendarmerie, and the governmental National Human Rights Committee (CNDH).  Representatives from Catholic and Protestant churches have not met or communicated with this Commission and believe it rarely meets.

The CNDH monitors and evaluates human rights issues, including matters related to religious freedom.  The law authorizes the agency to conduct investigations of alleged abuses, issue opinions and recommendations, conduct awareness campaigns, and work with other government authorities to address human rights issues.  The agency may address concerns of individuals and groups that believe they are not being treated fairly by the MRA.  The CNDH does not have the authority to enforce its decisions but may refer matters to the relevant administrative or criminal court.  It submits an annual report to the president, who appoints the agency’s members.

The law specifies the manner and conditions under which religious services, Muslim or otherwise, may take place.  The law states religious demonstrations are subject to regulation and the government may shut down any religious service, taking place in private homes or in outdoor settings without official approval.  With the exception of daily prayers, which are permissible anywhere, Islamic services may take place only in state-sanctioned mosques.  Friday prayers are further limited to certain specified mosques.  Non-Islamic religious services must take place only in buildings registered with the state for the exclusive purpose of religious practice, run by a registered religious association, open to the public, and marked as such on the exterior.  A request for permission to observe special non-Muslim religious events must be submitted to the relevant wali (governor) at least five days before the event, and the event must occur in buildings accessible to the public.  Requests must include information on three principal organizers of the event, its purpose, the number of attendees anticipated, a schedule of events, and its planned location.  The organizers also must obtain a permit from the wali.  The wali may request the organizers to move the location of an event or deny permission for it to take place if he deems it would be a danger to public order or harm “national constants,” “good mores,” or symbols of the revolution.  If unauthorized meetings go forward without approval, participants are subject to dispersal by the police.  Failure to disperse at the behest of the police may result in arrest and a prison term of two to 12 months under the penal code.

The penal code states only government-authorized imams, whom the state hires and trains, may lead prayers in mosques and penalizes anyone else who preaches in a mosque with a fine of up to 100,000 dinars ($850) and a prison sentence of one to three years.  Fines as high as 200,000 dinars ($1,700) and prison sentences of three to five years are stipulated for any person, including government-authorized imams, who acts “against the noble nature of the mosque” or in a manner “likely to offend public cohesion.”  The law states such acts include exploiting the mosque to achieve purely material or personal objectives or with a view to harming persons or groups.

By law, the MRA provides financial support to mosques and pays the salaries of imams and other religious personnel, as well as for health care and retirement benefits.  The law also provides for the payment of salaries and benefits to non-Muslim religious leaders who are citizens.  The Ministry of Labor regulates the amount of an individual imam’s or mosque employee’s pay, and likewise sets the salaries of citizen non-Muslim religious leaders based on their position within their individual churches.

The Ministries of Religious Affairs, Foreign Affairs, Interior, and Commerce must approve the importation of all religious texts, except those intended for personal use.

A 2017 decree established a commission within the MRA to review importation of the Quran.  Authorities generally consider “importation” to be approximately 20 or more religious texts or items.  This decree requires all applications to include a full copy of the text and other detailed information.  The ministry is given three to six months to review the text, with the absence of a response after that time constituting a rejection of the importation application.  A separate 2017 decree covering religious texts other than the Quran states, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.”  The importer must submit the text and other information, and the ministry must respond within 30 days.  A nonresponse after this period is considered a rejection.  Religious texts distributed without authorization may be seized and destroyed.

The law states the government must approve any modification of structures intended for non-Islamic collective worship.

Under the law, children born to a Muslim father are considered Muslim regardless of the mother’s religion.

The Ministries of National Education and Religious Affairs require, regulate, and fund the study of Islam in public schools.  Religious education focuses on Islamic studies but includes information on Christianity and Judaism and is mandatory at the primary and secondary school levels.  The Ministry of National Education requires private schools to adhere to curricula in line with national standards, particularly regarding the teaching of Islam, or risk being closed.

The law states discrimination based on religion is prohibited and guarantees state protection for non-Muslims and for the “toleration and respect of different religions.”  It does not prescribe penalties for religious discrimination.

The constitution prohibits non-Muslims from running for the presidency.  Non-Muslims may hold other public offices and work within the government.

The government does not register religious affiliations of the citizenry and does not print religious affiliations on documents such as national identification cards.

The family code prohibits Muslim women from marrying non-Muslim men unless the man converts to Islam.  The code does not prohibit Muslim men from marrying non-Muslim women.

By law, individuals who have converted from Islam to another religion are ineligible to receive an inheritance via succession.

The law prohibits religious associations from receiving funding from political parties or foreign entities.  The constitution prohibits the establishment of political parties based on religion.

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

Government Practices

In May authorities prosecuted 26 Ahmadi Muslims in Bejaia for insulting the precepts of Islam, operating an association without approval, and collecting money without authorization.  Their case went to trial in June.  The court acquitted three persons, sentenced a married couple in absentia to six months in prison, and sentenced the remaining individuals to three months in prison.

The government continued to enforce the ban on proselytizing by non-Muslim groups.  According to media reports, authorities arrested, jailed, and fined several Christians on charges of proselytizing by non-Muslims, which prompted churches to restrict some activities not related to proselytizing, such as the distribution of religious literature and holding of events in the local community Muslims might attend.  According to media reports, authorities charged five Christians from Bouira Province, three of whom belong to the same family, with “inciting a Muslim to change his religion” and “performing religious worship in an unauthorized place.”  On December 25, a judge at the court of Bouira acquitted the five individuals.

In March a court in Tiaret convicted two Christian brothers on proselytism charges for carrying more than 50 Bibles in their car.  Prosecutors said the accused planned to use the Bibles for proselytism, while the brothers said they were for church use only.  The court upheld the proselytism charges and fined each man 100,000 dinars ($850).

In May a court convicted a church leader and another Christian of proselytizing for transporting Bibles.  The court fined each individual 100,000 dinars ($850) and sentenced each to three months in prison.

In July a court in Dar El-Beyda dropped all charges against Idir Hamdad, a man arrested in April 2016 at the Algiers airport for carrying a Bible and several religious artifacts including crucifixes, scarves, and keyrings.  The court originally sentenced Hamdad in absentia in September 2017 to six months in prison and fined him 20,000 dinars ($170) on charges of importing unlicensed goods.  On May 3, following his lawyer’s appeal, the court overturned the prison sentence but upheld the fine.  On July 9, the prosecutor appealed, asking for a harsher sentence, but the court dropped all charges against Hamdad.  In its verdict, the court found that Hamdad was prosecuted “simply because he converted to Christianity, and what he was carrying was only gifts.”

Throughout the year, the government conducted investigations of at least 85 Ahmadi Muslims, according to leaders of the Ahmadi community.  Charges included operating an unregistered religious association, collecting funds without authorization, and holding prayers in unauthorized locations.  There were reports of police confiscating passports and educational diplomas from the Ahmadis, and pressuring employers to put Ahmadi workers on administrative leave.  Some of those investigated during the year were placed in pretrial detention, put on trial, and given prison sentences of up to six months.  Others appealed charges and court decisions, were placed under house arrest, or were freed after pretrial detention or serving a prison sentence.  As of December no Ahmadi Muslims were in prison.

Between November 2017 and December 2018, according to the president of the EPA, the government closed eight churches and a nursery associated with the EPA for operating without government authorization, illegally printing evangelical publications, and failing to meet building safety codes.  In June authorities reopened three churches in Oran, Ain Turk, and El Ayaida they had closed between November 2017 and February 2018.  As of the end of the year, three churches affiliated with the EPA in Bejaia and one non-EPA church in Tizi Ouzo remain closed.  Media reported that on December 4, in Oran, the provincial government cancelled the closure of a Christian bookshop associated with the nursery.  The bookshop owner, Pastor Rachid Seighir, was not compensated for the losses incurred since authorities ordered the shop’s closure in November 2017.

The UN Human Rights Committee in July adopted a report including the following language:  “the Committee remains concerned by reports of closures of churches and evangelical institutions and various restrictions on worship by Ahmadi persons.  It also expresses concern regarding allegations of attacks, acts of intimidation and arrests targeting persons who do not fast during Ramadan…”

A lawyer for the Ahmadi community said judges and prosecutors on several occasions questioned Ahmadi defendants in court about their religious beliefs and theological differences with Sunni Islam.  Members of the Ahmadi community said government officials tried to persuade them to recant their beliefs while they were in custody.

In April Slimane Bouhafs, a Christian convert, was released after spending 18 months in prison for posting statements in 2016 on his Facebook page deemed insulting to the Prophet Muhammad.  In July 2017, authorities commuted his sentence as part of a presidential amnesty.  A court originally sentenced Bouhafs to five years in prison plus a 100,000 dinar ($850) fine; authorities later reduced that sentence to three years.

In May a court in Tiaret upheld a verdict against Noureddine Belabbes and another Christian, who previously had been found guilty of proselytizing and fined 100,000 dinars ($850) and legal expenses after their arrest in 2015 for transporting Bibles.  Authorities originally sentenced Belabbes and his colleague in 2017 to two years in prison and a 50,000 dinar ($420) fine, but after a March appeal, the judge overturned the prison sentences and instead gave them suspended prison sentences of three months each and doubled the fines.  Belabbes stated that he would not appeal the judgment.

MRA officials said the government did not regularly prescreen and approve sermons before imams delivered them during Friday prayers.  They also stated the government sometimes provided preapproved sermon topics for Friday prayers to address the public’s concerns following major events, such as a cholera outbreak in August and a June corruption scandal, or to encourage civic participation through activities such as voting in elections.  The MRA said it did not punish imams who failed to discuss the suggested sermon topics.

The government monitored the sermons delivered in mosques.  According to MRA officials, if a ministry inspector suspected an imam’s sermon was inappropriate, particularly if it supported violent extremism, the inspector had the authority to summon the imam to a “scientific council” composed of Islamic law scholars and other imams who assessed the sermon’s correctness.  The government could decide to relieve an imam of duty if he was summoned multiple times.  The government also monitored activities in mosques for possible security-related offenses, such as recruitment by extremist groups, and prohibited the use of mosques as public meeting places outside of regular prayer hours.

According to the MOI, although religious associations were de facto registered if the ministry did not reject their applications within 60 days of submission, the 60-day clock did not begin until the ministry considered the application complete and had issued a receipt to that effect.  Nongovernmental organizations and religious leaders said the MOI routinely failed to provide them with a receipt proving they had submitted a completed registration application.  Ahmadis reported their request to meet with Minister of Religious Affairs Mohamed Aissa or another senior ministry official to discuss their registration concerns had not received a government response.

The Ahmadi community reported administrative difficulties and harassment since they are not a registered association and are unable to meet and collect donations.  Members of the Ahmadi community said they tried to register with the MRA and Ministry of Interior (MOI) as a Muslim group but the government rejected their applications because it regards Ahmadis as non-Muslims.  The government said it would approve the community’s registration as non-Muslims, but the Ahmadis refused to file as anything but Muslims.

In accordance with the 2012 Associations Law that all organizations needed to reregister with the government, several religious groups registered under the previous law continued to try to reregister with the government.  The EPA and the Seventh-day Adventist Church submitted paperwork to renew their registrations in 2014 but as of year’s end had still not received a response from the MOI.

Some religious groups stated they functioned as registered 60 days after having submitted their application, even though they had not received an MOI confirmation.  Such groups stated, however, that service providers, such as utilities and banks, refused to provide services without proof of registration.  As a result, these groups faced the same administrative obstacles as unregistered associations and also had limited standing to pursue legal complaints and could not engage in charitable activities, which required bank accounts.

Most Christian leaders stated they had no contact with the National Commission for Non-Muslim Religious Groups, despite its legal mandate to work with them on registration, since its establishment in 2006.  Other MRA officials, however, met regularly with Christian leaders to hear their views, including complaints about the registration process.  Christian leaders stated some Protestant groups continued to avoid applying for recognition and instead operated discreetly because they lacked confidence in the registration process.

Some Christian citizens said they continued to use homes or businesses as “house churches” due to government delays in issuing the necessary legal authorizations.  Other Christian groups, particularly in the Kabylie region, reportedly held worship services more discreetly.  There were no reports of the government shutting down house churches during the year.

According to the MRA, the government continued to allow government employees to wear religious clothing including the hijab, crosses, and the niqab.  Authorities continued to instruct some female government employees, such as security force members, not to wear head and face coverings they said could complicate the performance of their official duties.

The government did not grant any permits for the importation of Christian religious texts during the year, and at least one request remained pending from 2017.  Representatives of the EPA stated they had been waiting more than a year for a new import authorization; the last such authorization was in October 2016.  Non-Islamic religious texts, music, and video media continued to be available on the informal market, and stores and vendors in the capital sold Bibles in several languages, including Arabic, French, and Tamazight.  The government enforced its prohibition on dissemination of any literature portraying violence as a legitimate precept of Islam.

Christian leaders said courts were sometimes biased against non-Muslims in family law cases, such as divorce or custody proceedings.

According to religious community leaders, the government did not always enforce the family code prohibition against Muslim women marrying non-Muslim men.

In August a local Muslim man applied to a court in Tebessa to marry a Belgian Christian woman.  The court rejected his request because the woman “is Christian and does not embrace Islam.”

Sources stated that Christian leaders were able to visit Christians in prison, regardless of the nature of their imprisonment.

Church groups reported the government did not respond in a timely fashion to their requests for visas for religious workers and visiting scholars and speakers, resulting in an increase in de facto visa refusals.  One Christian leader said the government did not grant or refused 50 percent of visas requested for Catholic Church workers.  As of the end of the year, three members of the Catholic Church had been waiting a year for visas.  Catholic and Protestant groups continued to identify the delays as a significant hindrance to religious practice.  One religious leader identified lack of visa issuances as a major impediment to maintaining contact with the church’s international organization.  Higher-level intervention with officials responsible for visa issuance by senior MRA and Ministry of Foreign Affairs officials at the request of religious groups sometimes resulted in the issuance of long-term visas, according to those groups.

The government, along with local private contributors, continued to fund mosque construction.  The government and public and private companies also funded the preservation of some churches, particularly those of historical importance.  The province of Oran, for example, continued to work in partnership with local donors on an extensive renovation of Notre Dame de Santa Cruz as part of its cultural patrimony.

Government-owned radio stations continued to broadcast Christmas and Easter services in French, although many Christians said they would prefer services be broadcast in Arabic or Tamazight.  The country’s efforts to stem religious extremism include dedicated state-run religious TV and radio channels and messages of moderation integrated into mainstream media.

Both private and state-run media produced reports throughout the year examining what they said were foreign ties and dangers of religious groups such as Shia Muslims, Ahmadi Muslims, and Salafists.

Government officials continued to invite leading Christian and Jewish citizens to events celebrating national occasions.  President Abdelaziz Bouteflika invited Christian and Jewish community representatives to the November 1 parade to commemorate the beginning of the revolution, according them the same status as Muslim, cultural, and national figures.

Senior government officials continued to publicly condemn acts of violence committed in the name of Islam by nonstate actors and urged all members of society to reject extremist behavior.

Government officials regularly made statements about the need for tolerance of non-Islamic religious groups.  In May imams, representatives from the Ministry of Religious Affairs, and municipal officials participated in an interfaith event at a Catholic church in Algiers on the significance of the Virgin Mary in Islam and Christianity.  The same group attended an exhibition on the 99 names of Allah at a Catholic church during Ramadan.

In December a cardinal of the Catholic Church beatified 19 Catholics killed during Algeria’s civil war at a ceremony in Oran.  Algerian authorities facilitated the beatification process by providing transportation, security, and visas to members of the Catholic Church who attended the ceremony.

In January unknown individuals hoping to regain control of mosques they reportedly considered too liberal physically killed two imams in the cities of Skikda and Tadjena, respectively.  The attacks took place during weekly committee meetings to manage the mosques’ space and affairs.  After the attacks, Minister of Religious Affairs Mohamed Aissa filed a complaint and started an investigation of those who attacked the imams.  As of the end of the year, the government had not released updates or results of the investigation to the public.

In June Minister of Religious Affairs Mohamed Aissa said, “It is no secret that radicals are constantly trying to seize the mosques of the republic and influence the mosques’ messages.  These individuals managed to infiltrate groups that seemed pacifist.  They are the cause of the death of two imams; they hurt and insulted dozens of others who did not share their ideologies.”  In July Aissa froze the weekly mosque management committee meetings because he reportedly felt extremist individuals would try to direct the mosques via these committee meetings.  He said these events were reminiscent of the 1990s when the now-banned Islamic Salvation Front forcibly seized control of mosques to spread its extremist ideology.

In October unknown individuals stabbed an imam in a mosque before dawn prayer near the city of Laghouat.  Mosque attendees found the imam and called emergency services, which declared the imam dead.  At year’s end, the government was conducting an investigation to find the individuals responsible.

Media reported a group of young people desecrated more than 31 Christian graves in the British Military La Reunion War Cemetery in Oued Ghir, Bejaia in September, smashing tombstones and ransacking the graves.  A few weeks earlier, unknown individuals vandalized another Christian cemetery in Ain M’lila.  Authorities stated they believed Islamic extremists were responsible for the vandalism but no news of those responsible had been released by year’s end.

Christian leaders said when Christian converts died family members sometimes buried them according to Islamic rites, and their churches had no standing to intervene on their behalf.  Christian groups reported some villages continued not to permit Christians to be buried alongside Muslims.

Several Christian leaders reported instances in which citizens who converted, or who expressed interest in learning more about Christianity, were assaulted by family members, or otherwise pressured to recant their conversions.

Some Christian converts reported they and others in their communities continued to keep a low profile due to concern for their personal safety and the potential for legal, familial, career, and social problems.  Other converts practiced their new religion openly, according to members of the Christian community.

Media outlets reported in August hundreds of imams had lodged complaints in recent years after suffering violent attacks.  MRA officials said extremists who opposed the imams’ moderate teachings carried out the attacks, while others were related to interpersonal disputes.  The government said it would take additional steps to protect imams such as stationing security forces near mosques to deter future attacks and providing more support for local authorities to investigate and prosecute such cases.

The media criticized religious communities it portrayed as “sects” or “deviations” from Islam or as “foreign,” such as Ahmadi Muslims and Shia Muslims.  Some who openly engaged in any religious practice other than Sunni Islam reported that family, neighbors, or others criticized their religious practice, harassed them to convert, and occasionally insinuated they could be in danger because of their choice.

Christian leaders continued to state they had good relations with Muslims in their communities, with only isolated incidents of vandalism or harassment.

The constitution provides for freedom of religion under conditions set by law and equal protection under the law regardless of religion.  It prohibits all forms of religious intolerance and “religious fundamentalism,” but does not define these terms.  The law also requires the head of state to take an oath of office that includes a promise to fulfill the duties of the office without any consideration of religion.

Religious groups, except for indigenous religious groups, are required to register with the Ministry of the Interior, Public Security, and Territorial Administration.  To register, religious groups must prove they have a minimum of 1,000 members and their leaders have adequate religious education, as judged by the ministry.

The law permits the denial of registration to any religious group deemed offensive to public morals or likely to disturb social peace.  It allows the suspension of registered religious groups if their activities are judged subversive by legal entities.  There are no fees for registration as a religious organization.  Registration confers official recognition and benefits, such as exemptions from customs tariffs for vehicles or equipment imported into the country.  There are no penalties prescribed for groups that fail to register.

The law does not prohibit religious instruction in public or private schools, but religious instruction is not part of the public school curriculum.

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

Government Practices

The government continued to exercise limited control or influence in most of the country, and police and the gendarmerie failed to stop or punish abuses committed by militias, including killings, physical abuse, religious and gender-based violence, according to human rights organizations.  The United National Multidimensional Stabilization Mission for Central Africa (MINUSCA) remained the only force capable of maintaining security in much of the country, but remained hampered in its ability to protect civilians due to limited resources and personnel.

According to religious leaders, government authorities continued to discriminate systematically against Muslims by denying them access to education and identity documents.  In August the Ministry of Humanitarian Action and National Reconciliation launched public service announcements via nationwide radio stations, reaffirming the government’s commitment to treat all citizens equally.  Observers and Muslim leaders, however, stated Muslims continued to experience ongoing discrimination by government agencies and unequal access to public services.  NGOs stated there was an increase in harassment and exclusion of Muslims from national decision-making processes.

In January the Bangui Criminal Court convicted former anti-Balaka Commander Rodrigue Ngaibona, known as General Andjilo, on charges of murder, criminal conspiracy, aggravated robbery, kidnapping, and illegal arms possession, and sentenced him to life in prison.  He had been in pretrial detention since his capture by MINUSCA troops in 2015.  According to media reports, Ngaibona could face additional charges from the Special Criminal Court (SCC), established to prosecute war crimes and serious human rights violations, on grounds of having orchestrated a massacre of Muslims in Bangui in 2013.

In November government officials transported Alfred “Rambo” Yekatom, an anti-Balaka commander and Member of Parliament accused of war crimes, including killings, deportation, and torture of Muslims, to The Hague and turned him over to the International Criminal Court for prosecution.

The government continued to observe Eid al-Fitr and Eid al-Adha as official but unpaid holidays.  President Faustin Touadera hosted an iftar with Muslim leaders at the Presidential Palace.  During the dinner, President Touadera asked for tolerance and acceptance among all religious faiths.

The SCC held its inaugural session in October.  It launched several formal investigations.  At year’s end the investigations continued and no cases had come to trial.

MINUSCA supported government-led local peace and reconciliation initiatives that aimed to improve relationships between Christians and Muslims.  The efforts included public outreach and sensitization workshops.  MINUSCA assisted the government in its efforts to promote reconciliation through the media.  Observers stated that in April the initiative helped counter inflammatory rhetoric and dispel rumors, and public meetings held under the auspices of the initiative helped to reassure vulnerable communities of their safety.

In June, following an educational workshop organized by the High Council of Communication, the national regulator, and MINUSCA, journalists from local media outlets worked to improve relationships between religious groups.  They pledged to discontinue contributing to messages that incited hate based on religious differences and to improve the quality of their reporting with sensitivity toward their religious listeners and readers.

Abuses by Foreign Forces and Non-State Actors

According to media and UN reports, armed groups, particularly the anti-Balaka and ex-Seleka, continued to control significant swaths of territory throughout the country and acted as de facto governments in the territory they controlled.  According to the UN and human rights organizations, the humanitarian and human rights situation worsened in the southeast, where clashes continued among various armed groups.

On January 4, in Bangassou, a man identified as a Muslim stabbed Catholic priest Alain Blaise Bissialo.  Church members stated they believed the attack was an attempt to thwart his activism and work towards Christian-Muslim reconciliation in Bangassou.

On February 7, three churches were burned and a pastor was killed in Bangui following the death of a gang leader at the hands of MINUSCA and the police.

On March 21, in the town of Seko, an unknown assailant shot and killed Catholic priest Joseph-Desire Angbabata.  The incident occurred when he intervened to prevent an attack by members of the Christian community on Muslim refugees seeking shelter on church grounds.

In April, following an operation by MINUSCA and government forces to disarm an ex-Seleka militia group in the Muslim PK5 neighborhood, heavy clashes broke out during which MINUSCA troops battled armed militias and criminal gangs for several days.  One UN peacekeeper and more than 20 civilians, mostly Muslim, died in the fighting.  In the weeks following the clashes, violence spread outside of PK5 as both ex-Seleka and anti-Balaka militias carried out reprisal attacks, including against individuals on account of their perceived religious identity or affiliation.

Ex-Seleka gunmen from PK5 attacked the Catholic Notre-Dame de Fatima Church in Bangui on May 1, killing Catholic priest Toungoumale-Baba and 26 worshippers.  More than 100 persons were injured when the attackers sprayed the church with bullets and detonated grenades, according to media and survivor reports.  This attack was followed by revenge attacks by members of the Christian community, including the lynching deaths of three Muslims and the burning of two mosques.

In mid-May unknown assailants killed three Muslim civilians in Bambari.  Muslim civilians in the local community, backed by the Muslim-dominated Union for Peace in the Central African Republic (UPC) militias, then attacked an IDP camp occupied by Christians and the gendarmerie located in the same Christian area.  During the attack, one police officer was killed, two others injured, and the IDPs were left in what the UN described as “desperate humanitarian conditions.”

On June 29 suspected members of the UPC militia killed Father Firmin Gbagoua, Catholic Vicar-General of Bambari.  According to the secretary general of the Central African Human Rights Observatory, he may have been targeted because the UPC believed he was giving preferential treatment to Christians by denouncing attacks inflicted by Muslims in the area.  Following the killing, Catholic officials expressed concern for the safety of their clerics.

A MINUSCA report on human rights violations indicated the overall security situation in Haute-Kotto Prefecture remained volatile, with sporadic fighting between anti-Balaka and ex-Seleka groups, and civilians bearing the brunt of the fighting as they were often caught in crossfire or targeted in retaliatory attacks based on ethnic or religious affiliation.  According to the report, as many as 30 civilians (including at least 12 women and two children) may have been killed and at least six injured during attacks along the Bria-Irabanda road and in Bria town and its vicinity from August 5 to September 10.

On November 15, UPC militia attacked the Catholic cathedral in Alindao and a neighboring IDP camp, which was completely destroyed.  The militia set the cathedral on fire and two Catholic clerics, Bishop Blaise Mada and Father Celestin Ngoumbango, were killed along with more than 40 Christian civilians.  Vicar General of the Archdiocese of Bangui Father Mathieu Bondobo told Vatican News that Bishop Mada had been receiving threats, indicating that the attack was premeditated.  According to a Christian advocacy organization, the attack stemmed from perceptions that the clerics killed were showing preferential treatment towards Christians in IDP camps and sheltering anti-Balaka elements at the church.  On December 4, the UPC attacked an IDP camp run by a local Catholic church in Ippy town.  The attackers razed the camp, destroying temporary shelters and personal belongings.

The UN Panel of Experts on the Central African Republic reported in December that hate speech and incitement to ethnic and religious-based violence had reached unprecedented levels.  The report cited a statement published by the League for the Defense of the Church following the June killing of Father Gbagoua, which called on “all Christians to join us and support the movement [the league] so that Muslims also feel endangered in the Central African Republic, especially in Bangui.”  The panel also stated some anti-Balaka affiliated groups were carrying out targeted attacks against the local Muslim population.

UN peacekeepers stated local anti-Balaka soldiers and Christian community members subjected returning Muslims to harassment and abuse.  Displaced Muslim minorities lived predominantly in peacekeeper-protected enclaves and the return to their homes proceeded very slowly, according to international organizations.

NGOs reported religion continued to be a primary feature dividing the population.  Many Muslim communities remained displaced in the western part of the country, where according to media reports, they were not allowed to practice their religion freely.

Religious leaders generally avoided characterizing the ongoing conflicts as religiously based.  Instead, they identified political and economic power struggles and foreign influence as the root causes.

Catholic Cardinal Dieudonne Nzapalainga cited the practice of Christian leaders sheltering Muslims and Muslim leaders sheltering Christians fleeing conflicts in their respective homesteads.  He highlighted the central role ownership of land and mineral resources played in exacerbating tensions that led to interreligious violence.  Muslim Imam Omar Kobine Layama echoed Nzapalaninga’s view and said the militias and criminal elements had instrumentalized religion to deflect from the true cause of the conflict.  Both Christian and Muslim religious leaders rejected the idea that religion was the cause of the conflict.

In the predominantly Muslim Fulani community, there were complaints that Christian sponsors financed most local media outlets, and these reported negative comments directed towards Muslims.  Since September 2015, there have been no Muslim-operated radio stations or Muslim-oriented programs on national radio stations.

Muslims reported social discrimination and marginalization, including their inability to move freely throughout the country or have equal access to schools, hospitals, or government, and most privately funded, services.

According to religious leaders, Muslims throughout the country faced challenges within their communities because of ethnic differences, such as Muslims of Arab and Peulh (Fulani) ethnicity.  For example, sources stated some Muslims of Arab descent considered themselves superior to Muslims of other ethnicities, and that Muslims who converted from Christianity were frequently treated as inferiors among the Muslim population.  The sources also stated that these converts were often prevented from living in and interacting with some Muslim communities.

Before his death, Father Gbagoua said some Christians reported they felt marginalized by the MINUSCA peacekeeping forces and that, because a large number of MINUSCA forces were Muslims, they exhibited a bias towards their coreligionists.

On February 17, members of the Organization of Young Volunteers for Development (OJVD), a Christian organization, visited the Attik Mosque in Bangui, where they met and discussed peace and cohesion with the Muslim imam.  Participants said this meeting signaled a significant step toward greater interreligious dialogue, especially following the recent outbreaks of violence in Bangui.  Leading the OJVD delegation was its founding president, a former anti-Balaka chief.

On January 14, the secretary general of the Catholic Archdiocese of Bangui expressed concern over the increased number of attacks against churches and mosques as well as the killing of religious leaders.  On a separate occasion, Cardinal Nzapalainga and Imam Layama jointly denounced the killing of religious leaders.  In January the Central African Episcopal Conference, representing Catholic bishops in the country, made a public announcement via local media in which it emphasized the organization’s condemnation of sectarian violence and encouragement of interreligious community peace across the country.

On June 12, Cardinal Nzapalainga called on the population of the primarily Christian community of Yakite District, close to PK5, and Muslim armed groups in PK5, to make peace.

On May 25, the PCRC organized a meeting with participants from various religious groups.  They drafted a joint memorandum calling on the government to use the SCC to prosecute individuals who committed crimes against citizens on account of their religious affiliation.

During a closing Eid-al-Fitr ceremony on June 29, former national anti-Balaka spokesperson Emotion Namsio and former ex-Seleka leader General Abdel Kalhil (Christian and Muslim, respectively) called upon the audience of approximately 100 participants of Christians and Muslims to cease attacking each other because of their religious preferences.  The ceremony was held in a mosque located in a Christian neighborhood in Bangui.

The constitution prohibits religious discrimination and provides for freedom of religion and the right to worship subject to “compliance with the law, public order, public morality, and the rights of others.”  It stipulates the right to religious freedom may not be abrogated even when the government declares a state of emergency or siege.

The law regulates the establishment and operation of religious groups.  According to law, the government may legally recognize, suspend recognition of, or dissolve religious groups.  The government grants tax-exempt status to recognized religious groups.  Nonprofit organizations, including foreign and domestic religious groups, must register with the government to obtain official recognition by submitting a copy of their bylaws and constitution.  Religious groups must register only once for the group as a whole, but nonprofit organizations affiliated with a religious group must register separately.  Upon receiving a submission, the Ministry of Justice (MOJ) issues a provisional approval and, within six months, a permanent approval or rejection.  Unless the MOJ specifically rejects the application, the group is considered approved and registered after six months even if the ministry has not issued a final determination.  Applications from international headquarters of religious organizations must be approved by the presidency after submission through the MOJ.  The law requires officially recognized religious groups to operate as nonprofits and respect the general public order.  It also permits religious groups to establish places of worship and train clergy.  The law prescribes penalties of up to two years’ imprisonment, a fine of 200,000 Congolese francs ($130), or both for groups that are not properly registered but receive gifts and donations on behalf of a church or other religious organization.

The constitution permits public schools to work with religious authorities to provide religious education to students in accordance with students’ religious beliefs if parents request it.  Public schools with religious institution guardianship may provide religious instruction, but government-owned schools may not mandate religious instruction.

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

Government Practices

Catholic Church leaders reported acts of violence and intimidation against Church officials in response to Church support for implementation of the December 2016 agreement and for supporting peaceful protest marches in January and February.  Because religious and political issues overlap, however, it was difficult to categorize some incidents as being solely based on religious identity.  On January 21, security forces forcibly disrupted protests led by the CLC and some Protestant church leaders in support of elections and implementation of the December 2016 agreement.  UN observers and others stated they witnessed members of the Republican Guard and other security force members fire directly at protesters, killing at least six persons and injuring as many as 50.  In some cases, government security forces fired tear gas, rubber bullets, and live ammunition into church compounds.  Among those killed was Therese Kapangala, a 24-year-old woman preparing to take vows as a nun.  She was shot and killed outside her church in Kinshasa.  The United Nations reported that 121 persons were arbitrarily arrested across the country for participation in the demonstrations.  During another round of CLC-organized protests on February 25, state security forces killed two individuals, including Rossy Mukendi Tshimanga, who was shot by a rubber bullet inside a church compound.  Another person died in the town of Mbandaka from wounds sustained during a confrontation with an off-duty police officer.  The United Nations reported that 194 persons were arbitrarily arrested.

CLC leaders were reportedly subjected to threats and harassment due to their support for implementation of the December 2016 agreement, credible elections, and peaceful protests.  Catholic leaders and institutions were also threatened after Church leaders expressed concern over violence they attributed to government security forces and the Kamuina Nsapu antigovernment militia in Kasai.  Church leaders in Kasai Province said local armed groups associated with Kamuina Nsapu forced them to accept armed group control of their communities.  In 2017, members of Kamuina Nsapu vandalized and burned numerous Catholic churches, schools, and buildings.

The MOJ again did not issue any final registration permits for religious groups and had not done so since 2014, reportedly due to an internal investigation into fraudulent registration practices.  The government, however, continued its practice that groups presumed to have been approved were permitted to organize.  Unregistered domestic religious groups reported they continued to operate unhindered.  The MOJ previously estimated that more than 2,000 registration applications for both religious and nonreligious NGOs remained pending and that more than 3,500 associations with no legal authorization continued to operate.  Foreign-based religious groups reported they operated without restriction after applying for legal status.  Under existing law, which was under review, nonprofit organizations could operate as legal entities by default if a government ministry gave a favorable opinion of their application and the government did not object to their application for status.  According to 2015 registration statistics, the latest year for which the MOJ had statistics, there were 14,568 legally registered nonprofit organizations, 11,119 legal religious nonprofit organizations, and 1,073 foreign nonprofit organizations.  Religious nonprofits that were legally operating and registered included 404 Catholic, 93 Protestant, 54 Muslim, and 1,322 evangelical nonprofits, the latter including those belonging to the Kimbangu Church.

The government continued to rely on religious organizations to provide public services such as education and health care throughout the country.  According to the Ministry of Education, approximately 72 percent of primary school students and 65 percent of secondary school students attended government-funded schools administered by religious organizations.  The government paid teacher salaries at some schools run by religious groups depending on the needs of the schools and whether they were registered as schools eligible to receive government funding.

Muslim community leaders again said the government did not afford them some of the same privileges as larger religious groups.  The government continued to deny Muslims the opportunity to provide chaplains for Muslims in the military, police force, and hospitals, despite a complaint filed in 2015 with the president and his cabinet.

In July the MOJ responded with an acknowledgement of receipt to a letter from the Jehovah’s Witnesses’ legal representative asking that the state protect its members against the Kimbilikit cult’s insistence that all community members, regardless of religion, participate in their rituals.

Members of the Kamuina Nsapu antigovernment militia in the Kasai region attacked and targeted Catholic Church property, schools, and clergy, according to Church sources.  In Kasai, Kasai Central, and Kasai Oriental Provinces, the Catholic Church reported threats and attacks against the Church by unidentified assailants believed to be members of the Kamuina Nsapu, other armed groups, or government security forces.  In September in Kananga in Kasai Central Province, Kananga Catholic Archbishop Marcel Madila stated there was “deep fear and insecurity” throughout Kasai Central Province after a rash of robberies and assaults targeting nuns, parishes, and civilians.  Archbishop Madila reported four attacks against nuns in Bena Mukangala, Kambote, Malole, and Tshilumba.  In North Kivu on April 8, unidentified gunmen shot and killed Father Etienne Nsengiunva in Kyahemba.

On April 1, in Kihondo in North Kivu, unidentified armed men abducted Father Celestin Ngango after Mass and demanded a ransom.  He was released one week later.

Some religious leaders reported continued tensions between Christian and Muslim communities in the north but also signs of improved relations in the eastern part of the country linked to the government’s ongoing fight against the Allied Democratic Forces (ADF).  On November 27, for example, both Muslim and Christian leaders peacefully marched in Beni expressing their support for joint offensive operations against the ADF.

In Budjala in Sud Ubangi Province, Voice of America reported that on March 30, Christians burned a mosque and the home of a man who allegedly killed a Christian man he caught in a sexual relationship with his wife.

Leaders of the Jehovah’s Witnesses reported generally positive relations with the rest of the community but noted that 21 cases of assault on or suspected killings of Jehovah’s Witnesses dating from as early as 2015 were languishing in the court system or never sent to court for criminal prosecution after the arrests of suspects.  They also reported three assaults during the year that they stated were due to their religious beliefs in rural areas of Wapinda, Equateur Province, Luono, Kwango Province, and Fube, Katanga Province.

In South Kivu Province, Muslims in the Katana area said they had not received funds to rebuild their mosque after it was burned down in October 2016, despite a promise in November 2016 from the former governor of South Kivu to provide funds to rebuild the mosque.

The constitution specifies Islam as the state religion and the principles of sharia as the main source of legislation.  The constitution states that “freedom of belief is absolute” and “the freedom of practicing religious rituals and establishing worship places for the followers of Abrahamic religions is a right regulated by law.”  The constitution prohibits discrimination on the basis of religion and makes “incitement to hate” a crime.  It describes freedom of belief as absolute.  The constitution limits the freedom to practice religious rituals and establish places of worship to adherents of Islam, Christianity, and Judaism.  The constitution prohibits the exercise of political activity or the formation of political parties on the basis of religion.

The constitution states that Al-Azhar is “the main authority in theology and Islamic affairs” and is responsible for spreading Islam, Islamic doctrine, and the Arabic language in the country and throughout the world.  The grand imam is elected by Al Azhar’s Council of Senior Scholars and is officially appointed by the president for a life term.  The president does not have the authority to dismiss him.  While the constitution declares Al-Azhar an independent institution, its 2018 budgetary allocation from the government, which is required by the constitution to provide “sufficient funding for it to achieve its purposes,” was almost 13 billion Egyptian pounds ($726.66 million).

According to the law, capital sentences must be referred to the grand mufti, the country’s highest Islamic legal official, for consultation before they can be carried out.  The mufti’s decision in these cases is consultative and nonbinding on the court that handed down the death sentence.

The constitution also stipulates that the canonical laws of Jews and Christians form the basis of legislation governing their personal status, religious affairs, and selection of spiritual leaders.  Individuals are subject to different sets of personal status laws (regarding marriage, divorce, inheritance, etc.), depending upon their official religious designation.  The Ministry of Interior (MOI) issues national identity cards that include official religious designations.  Designations are limited to Muslim, Christian, or Jewish citizens.  Since a 2009 court order, Baha’is are identified by a dash.  The minister of interior has the authority to issue executive regulations determining what data should be provided on the card.

Neither the constitution nor the civil or penal codes prohibit apostasy from Islam, nor efforts to proselytize.  The law states individuals may change their religion.  However, the government recognizes conversion to Islam, but not from Islam to any other religion.  In a 2008 ruling on a lawsuit against the government for not recognizing a Muslim’s conversion to Christianity, the Administrative Court ruled in favor of the government asserting its duty to “protect public order from the crime of apostasy from Islam.”  The government recognizes conversion from Islam for individuals who were not born Muslim but later converted to Islam, according to an MOI decree pursuant to a court order.  Reverting to Christianity requires presentation of a document from the receiving church, an identity card, and fingerprints.  After a determination is made that the intent of the change – which often also entails a name change – is not to evade prosecution for a crime committed under the Muslim name, a new identity document should be issued with the Christian name and religious designation.  In those cases in which Muslims not born Muslim convert from Islam, their minor children, and in some cases adult children who were minors when their parents converted, remain classified as Muslims.  When these children reach the age of 18, they have the option of converting to Christianity, and having that reflected on their identity cards.

Consistent with sharia, the law stipulates that Muslim women are not permitted to marry non-Muslim men.  Non-Muslim men who wish to marry Muslim women must convert to Islam.  Christian and Jewish women need not convert to marry Muslim men.  A married non-Muslim woman who converts to Islam must divorce her husband if he is not Muslim and is unwilling to convert.  If a married man is discovered to have left Islam, his marriage to a woman whose official religious designation is Muslim is dissolved.  Children from any unrecognized marriage are considered illegitimate.

A divorced mother is entitled to custody of her son until the age of 10 and her daughter until age 12, unless one parent is Muslim and the other is not, in which case the Muslim parent is awarded custody.

The law generally follows sharia in matters of inheritance.  In 2017, however, an appellate court ruled that applying sharia to non-Muslims violated the section of the constitution stating that the rules of the Christians and Jewish communities govern in personal status matters.

According to the penal code, using religion to promote extremist thought with the aim of inciting strife, demeaning or denigrating Islam, Christianity, or Judaism, and harming national unity carries penalties ranging from six months’ to five years’ imprisonment.

Islamic, Christian, and Jewish denominations may request official recognition from the government, which gives a denomination the right to be governed by its canonical laws, practice religious rituals, establish houses of worship, and import religious literature.  To obtain official recognition, a religious group must submit a request to the Ministry of Interior Religious Affairs Department.  The department then determines whether the group poses a threat to national unity or social peace.  As part of this determination, the department consults leading religious institutions, including the Coptic Orthodox Church and Al-Azhar.  The president then reviews and decides on the registration application.

The law does not recognize the Baha’i Faith or its religious laws and bans Baha’i institutions and community activities.  Although the government lists “Christian” on the identity cards of Jehovah’s Witnesses, a presidential decree bans all Jehovah’s Witnesses’ activities.  The law does not stipulate any penalties for banned religious groups or their members who engage in religious practices, but these groups are barred from rights granted to recognized groups, such as having their own houses of worship or other property, holding bank accounts, or importing religious literature.

The government appoints and monitors imams who lead prayers in licensed mosques and pays their salaries.  According to the law, penalties for preaching or giving religious lessons without a license from the Ministry of Awqaf or Al-Azhar include a prison term of up to one year and/or a fine of up to 50,000 pounds ($2,800).  The penalty doubles for repeat offenders.  Ministry of Awqaf inspectors also have judicial authority to arrest imams violating this law.  A ministry decree prevents unlicensed imams from preaching in any mosque, prohibits holding Friday prayers in mosques smaller than 80 square meters (860 square feet), bans unlicensed mosques from holding Friday prayer services (other prayer services are permitted), and pays bonuses to imams who deliver Friday sermons consistent with Ministry of Awqaf guidelines.  Any imam who fails to follow the guidelines loses the bonus and may be subject to disciplinary measures, including potentially losing his preaching license.  The ministry also issues prewritten sermons, and ministry personnel monitor Friday sermons in major mosques.  Imams are subject to disciplinary action including dismissal for ignoring the ministry’s guidelines.

The prime minister has authority to stop the circulation of books that “denigrate religions.”  Ministries may obtain court orders to ban or confiscate books and works of art.  The cabinet may ban works it deems offensive to public morals, detrimental to religion, or likely to cause a breach of the peace.  The Islamic Research Center of Al-Azhar has the legal authority to censor and confiscate any publications dealing with the Quran and the authoritative Islamic traditions (hadith), and to confiscate publications, tapes, speeches, and artistic materials deemed inconsistent with Islamic law.

A 2016 law delegates the power to issue legal permits and to authorize church construction or renovation to governors of the country’s 27 governorates rather than the president.  The governor is to respond within four months; any refusal must include a written justification.  The law does not provide for review or appeal of a refusal, nor does it specify recourse if a governor fails to respond within the required timeframe.  The law also includes provisions to legalize existing unlicensed churches.  It stipulates that while a request to license an existing building for use as a church is pending, the use of the building to conduct church services and rites may not be prevented.  Under the law, the size of new churches depends on a government determination of the “number and need” of Christians in the area.  Construction of new churches must meet stringent land registration procedures and building codes and is subject to greater government scrutiny than that applied to the construction of new mosques.

Under a separate law governing the construction of mosques, the Ministry of Awqaf approves permits to build mosques.  A 2001 cabinet decree includes a provision requiring that new mosques built after that date must be a minimum distance of 500 meters (1600 feet) from the nearest other mosque, and be built only in areas where “the existing mosques do not accommodate the number of residents in the area.”  The law does not require Ministry of Awqaf approval for mosque renovations.

In public schools, Muslim students are required to take courses on “principles of Islam,” and Christian students are required to take courses on “principles of Christianity” in all grades.  Determinations of religious identity are based on official designations, not personal or parental decisions.  Students who are neither Muslim nor Christian must choose one or the other course; they may not opt out or change from one to the other.  A common set of textbooks for these two courses is mandated for both public and private schools, including Christian-owned schools.  Al-Azhar maintains a separate school system which serves some two million students from elementary through secondary school using its own separate curriculum.

The penal code criminalizes discrimination based on religion and defines it as including “any action, or lack of action, that leads to discrimination between people or against a sect due to…religion or belief.”  The law stipulates imprisonment and/or a fine of no less than 30,000 pounds ($1,700) and no more than 50,000 pounds ($2,800) as penalties for discrimination.  If the perpetrator is a public servant, the law states that the imprisonment should be no less than three months, and the fine no less than 50,000 pounds ($2,800) and no more than 100,000 pounds ($5,600).

The government recognizes only the marriages of Christians, Jews, and Muslims with documentation from a cleric.  Since the state does not recognize Baha’i marriage, married Baha’is are denied the legal rights of married couples of other religious beliefs, including those pertaining to inheritance, divorce, and sponsoring a foreign spouse’s permanent residence.  Baha’is, in practice, file individual demands for recognition of marriages in civil court.

In matters of family law, when spouses are members of the same religious denomination, courts apply that denomination’s canonical laws.  In cases where one spouse is Muslim and the other a member of a different religion, both are Christians but members of different denominations, or the individuals are not clearly a part of a religious group, the courts apply sharia.

Sharia provisions forbidding adoption apply to all citizens.  The Ministry of Social Solidarity, however, manages a program entitled “Alternative Family” which recognizes permanent legal guardianship if certain requirements are met.

The quasi-governmental National Council for Human Rights, whose members are appointed by parliament, is charged with strengthening protections, raising awareness, and ensuring the observance of human rights and fundamental freedoms, including religious freedom.  It also is charged with monitoring enforcement and application of international agreements pertaining to human rights.  The council’s mandate includes investigating reports of alleged violations of religious freedom.

According to the constitution, “no political activity may be exercised or political parties formed on the basis of religion, or discrimination based on sex, origin, sect, or geographic location, nor may any activity be practiced that is hostile to democracy, secretive, or which possesses a military or quasi-military nature.”

The constitution mandates that the state eliminate all forms of discrimination through an independent commission to be established by parliament.  However, by year’s end, parliament had not yet established such a commission.

The country is a party to the International Covenant on Civil and Political Rights but declared in a reservation that it became a party considering that the provisions of the covenant do not conflict with sharia.

Government Practices

In February security forces launched a military campaign, “Sinai 2018,” in the Sinai Peninsula against ISIS, in part to respond to a November 2017 attack on a mosque in Al-Rawda village in North Sinai that killed over 300 individuals at worship; the mosque was reportedly attacked because it was frequented by Sufis.  Although the government reported significant successes in the campaign, ISIS attacks continued in North Sinai.

In November a court sentenced an alleged ISIS supporter to death for the fatal stabbing of an 82-year-old Christian doctor in September 2017.  Authorities did not identify the defendant.

On July 12, police thwarted an attempted suicide bombing at the Church of the Holy Virgin in Qalioubiya, near Cairo.  After encountering security forces, the attacker detonated an explosive vest in the vicinity of the church, killing a police officer and civilian.  On August 11, security forces foiled a suicide bombing at the Coptic Virgin Mary Church in the Cairo suburb of Mostorod.  After being denied entry to the church, the bomber died when he exploded his suicide belt; no one else was injured.

During the year, courts imposed death sentences on several people convicted of killing Christians.  On February 12, a court confirmed a death sentence against the killer of Semaan Shehata, a Coptic Orthodox priest from Beni Suef.  The killer stabbed Shehata to death in the Cairo suburb of El-Salaam City in 2017 and carved a cross on his forehead.  On April 1, the Cassation Court upheld the death sentence of the killer of liquor storeowner Youssef Lamei, who had confessed to slitting Lamei’s throat outside his store for selling alcohol in January 2017.  In April a military court sentenced 36 people to death for Coptic church bombings between 2016 and 2017 in Cairo, Alexandria, and Tanta, resulting in the deaths of more than 80 people.  ISIS claimed responsibility.  International human rights organizations expressed concern about these mass convictions and asserted the proceedings did not meet international fair trial standards.

In March media reported that Matthew Habib, a Christian military conscript who had complained to his family of persecution from superiors due to his religion, committed suicide while on duty.  Although the official cause of death was determined to be multiple self-inflicted gunshot wounds, the family alleged that Habib had been killed by a more senior officer.

On January 31, the Giza misdemeanor court sentenced 20 individuals to one-year suspended jail sentences for an attack on an unlicensed Coptic church in Kafr al-Waslin village south of Cairo, carried out on December 22, 2017.  Each was fined 500 pounds ($28) on charges of inciting sectarian strife, harming national unity, and vandalizing private property.  The court also fined the owner of the unlicensed church 360,000 pounds ($20,100) for building without a permit.  The Archdiocese of Atfih has reportedly applied for the Kafr al-Waslin Church to be legalized.

On January 2, press reported that the public prosecutor filed murder charges against an individual accused of killing 11 people on December 29, 2017, in an attack on a Coptic church and Christian-owned shop in Helwan, a suburb south of Cairo.  On December 1, the prosecutor general referred 11 additional suspects to trial for forming a terrorist group, murder, attempted murder, and other charges related to the attack.

The Tahrir Institute for Middle East Policy, citing its 2016 report, reported in October that 41 percent of all blasphemy charges had been brought by authorities against the country’s Christian population

March 14, police in Beni Suef Governorate arrested social studies teacher Magdy Farag Samir on charges of denigrating Islam after he included wordplays in a set of questions for students about the Prophet Muhammad.  Samir was detained for 15 days while police investigated the charges.  A court acquitted him on April 19.

In December a court in Upper Egypt upheld a three-year prison sentence for blasphemy against Christian Abd Adel Bebawy for a Facebook post that allegedly insulted Islam.  Authorities arrested Bebawy in his home village of Minbal on July 6 and the original court passed the prison sentence in November.  Bebawy’s lawyers stated that he reported the hacking of his Facebook account in July and that the post was immediately deleted.  On July 9, reportedly in response to Bebawy’s social media posts, a crowd of Muslims attacked Christian-owned homes in Minbal.  Police arrested over 90 Muslim attackers, charging 39 with a variety of crimes related to the attack.

On May 3, police arrested atheist blogger Sherif Gaber and detained him for four days.  Authorities accused Gaber of insulting Islam and sharia, disrupting communal peace, and other charges stemming from a series of videos he posted on YouTube.  Police had earlier arrested Gaber on similar charges in 2015 and 2013.  In October Gaber tweeted that he had been prevented from leaving the country and that authorities had charged him with three additional felonies and that the charges now included blasphemy, contempt of religion, supporting homosexuality, and religious extremism.

According to the NGO International Christian Concern (ICC), during several incidents of interreligious violence between Muslims and Christians in Upper Egypt from August 22 to 25, security forces delayed providing protection to Christians.  On August 22, in the village of Esna in Luxor Governorate, a crowd of Muslims gathered to protest Christian worship in a church that was seeking legalization.  Following Friday prayers on August 24, the crowd gathered a second time.  While the police prevented this second gathering from escalating, local sources report that authorities arrested five Christians, who were charged with conducting religious rituals in an unlicensed church and incitement, and 15 Muslims.  All those arrested were released in September.  Also on August 24, a crowd gathered in the village of Sultan in Minya Governorate to protest efforts by a local church to seek official legalization.

Security forces arrested members of what they described as a terrorist cell in Nag’ Hammadi in Qena Governorate during Coptic celebrations for Easter in April.  Security forces increased their presence in Coptic institutions and communities around Christmas, Easter, and other Christian holidays.

Religious freedom and human rights activists said government officials sometimes did not extend procedural safeguards or rights of due process to members of minority faiths, including by closing churches in violation of the 2016 church construction law.  On April 14, a group of Muslim villagers hurled stones and bricks, breaking the windows of a building used as a church in Beni Meinin in Beni Suef Governorate.  The attack followed a government inspection of the building, a step toward legalizing the church.  Authorities arrested 45 Muslim and Christian residents of the village, and, following an agreement according to customary reconciliation procedures (a binding arbitration process, often criticized by Christians as discriminatory), all arrestees were released and the church remained unlicensed and closed.

The government prosecuted some perpetrators of sectarian violence committed in previous years.  Authorities transferred to a court in Beni Suef for prosecution the 2016 case against the attackers of Souad Thabet, a Christian who was paraded naked through her village of Karm in Minya in response to rumors that her son had an affair with the wife of a Muslim business partner.  Authorities charged four people with attacking Thabet, and another 25 with attacking Thabet’s home and six others owned by Christians.

There were multiple reports of the government closing unlicensed churches following protests, particularly in Upper Egypt.  In November the NGO Egyptian Initiative for Personal Rights (EIPR) reported that from September 28, 2016, when the church construction law was issued, to October, authorities shuttered nine churches that hosted religious services prior to the closure orders.  Four of these churches were closed during the year, with Copts denied access and religious services in them prohibited.  In July media reported that police closed a church in Ezbet Sultan after a series of protests and the destruction of Christian-owned property.  During one protest, Muslims reportedly chanted, “We don’t want a church.”

In a November report, EIPR documented 15 instances of sectarian violence related to the legalization of 15 previously unlicensed churches from September 2017 to October 2018.  The churches had been functioning for several years and were well known to both state institutions and local residents.  EIPR’s report also documented 35 cases of violence since the church construction law was issued, not including incidents associated with the construction of new churches.

On August 22, in Zeneiqa village in Upper Egypt, police closed a church following protests by local Muslims against legalization of the church.  They arrested five Copts and five Muslims, plus an additional 10 Muslim residents during protests held a week later.  In March local mosque personnel in Al-Tod village near Luxor encouraged Muslims to protest the licensing of a church that had been in use for a decade.  Protestors built a wall to block access to the church.  Christians and Muslims took part in a customary reconciliation session led by Muslim elders and, reportedly under pressure, the Christians agreed to abandon their application for a church license.

According to official statistics, from September 2017 the government approved 783 of the 5,415 applications for licensure of churches.  According to a local human rights organization, the increased pace of legalization and construction of churches was causing sectarian tensions in some communities where Muslim citizens did not want a legal church in their village.

As it did in recent years, the government in October closed the room containing the tomb of the grandson of the Prophet Muhammad, Imam Al-Hussein, located inside Al-Hussein Mosque in Old Cairo, during the three-day commemoration of Ashura.  The government explained the closure was due to construction, but multiple news reports described it as an attempt to discourage the celebration of Shia religious rituals.  The main area of the mosque remained open; only the room containing the shrine was closed.

In September the Ministry of Awqaf cancelled the preaching permit of prominent Salafi cleric Mohamed Raslan and banned him from delivering sermons for refusing to recite the official sermon written by the ministry.  The ministry reinstated his license after he apologized publicly and committed to follow the government’s weekly sermon.

There were reports of government actions targeting the Muslim Brotherhood, which the government had designated as a terrorist organization, and individuals associated with the group.

In May the government announced a policy to ban imams from preaching on Fridays at 20,000 small prayer rooms (zawiyas) used as mosques and restricted their use to daily prayers.  In a statement, the Ministry of Awqaf said the measure would prevent “fundamentalist” preaching during Ramadan.  The May announcement repeated a policy first announced in 2015 that resulted in the closure of 27,000 zawiyas and forbade preaching in them.  Authorities also increased the penalties for mosques using their loudspeakers for anything other than the traditional call to prayer.

In October the Ministry of Awqaf announced that the government had successfully “regained” control over 95 percent of public Islamic discourse in the country and cited the ministry’s “complete” control of Islam as expressed through “the media, lessons, seminars and [public] forums.”  Public issuances of fatwas were, according to a senior advisor at the Dar al-Iftaa, the country’s fatwa issuing authority, restricted to Muslim clerics from Al-Azhar University, 40 clerics from Dar al-Iftaa, and a small number of clerics affiliated with the Ministry of Awqaf.  The ministry announced that any unauthorized cleric offering religious sermons or issuing fatwas would be subject to criminal investigation and prosecution for “carrying out a job without a license.”

In September the Court of Urgent Matters suspended a July ruling by an administrative court that had allowed policemen with long beards to return to work.  The court upheld MOI regulations on facial hair and stated the government had an obligation to keep the police force a “secular organizational entity.”

During Ramadan in May the government put in place regulations governing the practice of reclusion (itikaaf), a Sunni Muslim religious ritual requiring adherents spend 10 days of prayer in mosques during Ramadan.  Authorization required an application to the Ministry of Awqaf, registration of national identification cards, a residence in the same neighborhood of the requested mosque, and personal knowledge of the applicant by the mosque administrator.

On June 22, a video showing adherents performing Sufi religious rituals in a mosque sparked demands on social media to ban Sufi rituals inside mosques.  In response, the Ministry of Awqaf suspended the mosque attendant for participating in the incident, and announced a public campaign to raise awareness of “correct Islam.”

The government did not prevent Baha’is, members of the Church of Jesus Christ, and Jehovah’s Witnesses from worshiping privately in small numbers.  However, Baha’i sources said the government refused requests for public religious gatherings.  According to members of Jehovah’s Witnesses, security officials engaged in surveillance and frequent home visits during which adherents were interrogated and sometimes threatened.  The National Security Services (NSS) also summoned members to their offices for interrogations.  The Jehovah’s Witnesses reported that on April 3, a security officer who has interrogated and threatened its members in the past questioned a male Witness at length, asking numerous probing questions about the operations and activities of the Jehovah’s Witnesses.

The government continued to ban the importation and sale of Baha’i and Jehovah’s Witnesses literature and to authorize customs officials to confiscate their personally owned religious materials.  In July NSS officers stopped two Jehovah’s Witnesses members in Beni Suef and confiscated their religious materials.  NSS officers did the same with two other Jehovah’s Witnesses who arrived later.

Twelve Baha’i couples filed lawsuits requesting recognition of their civil marriages, four of which were approved by October.  While Baha’i sources hailed the first issuance of a civil marriage license that took place in 2017, they reported that courts remained inconsistent in their rulings on the matter.  By year’s end, standardized procedures for issuing civil marriage licenses to couples with no religious affiliation designated had not been developed.

In May the country’s Supreme Administrative Court ruled that regulators must block the YouTube service for one month because of the availability of a video, “The Innocence of Muslims,” that denigrated the Prophet Muhammad.  A lower court had ordered in 2013 the Ministry of Communications and Information Technology to block YouTube because of the video, but the decision had been appealed and the court’s ruling has not been implemented.

The minister of immigration and expatriate affairs was the only Christian in the cabinet.  On August 30, as part of a nationwide governors’ reshuffle, President al-Sisi appointed Christian governors to the Damietta and Dakahliya governorates, the first such appointments since April 2011 when the government suspended the appointment of a Copt to Qena in Upper Egypt following protests.  The new Governor of Damietta was the country’s first-ever female Christian governor.

Christians remained underrepresented in the military and security services.  Christians admitted at the entry-level of government institutions were rarely promoted to the upper ranks of government entities, according to sources.  According to a press report, a senior Christian judge in line for promotion to the leadership of the Administrative Prosecution was reportedly denied the position in May due to her religion.  When a Muslim judge challenged the failure to promote her, he was dismissed.

No Christians served as presidents of the country’s 25 public universities.  In January for the first time, a Christian was appointed as dean of the dental school of Cairo University.  The government barred non-Muslims from employment in public university training programs for Arabic language teachers, stating as its reason that the curriculum involved study of the Quran.

The government generally permitted foreign religious workers in the country.  Sources reported, however, some religious workers were denied visas or refused entry upon arrival without explanation.

The Ministry of Education (MOE) stated that it continued to develop a new curriculum that included increased coverage of respect for human rights and religious tolerance.  In the fall, kindergarten and first grade students began instruction under the new curriculum.  According to the MOE, the new curriculum for subsequent grade levels would be introduced yearly.  Local English-language press reported in May that curriculum reform plans, aimed at encouraging tolerance, included a textbook for use in religious studies classes to be attended jointly by Muslim and Coptic Christian students.  Muslim and Christian students previously attended separate religion classes.  Minister of Awqaf Gomaa, whose ministry oversees Islamic studies courses in the country’s schools, announced the plan.  The press reported that the planned textbook drew criticism from conservative Muslims.

In January the grand mufti issued a fatwa that defined greeting Christians on Coptic Christmas as an act of righteousness.  During the same month, Minister of Awqaf Gomaa affirmed the protection of churches “as legitimate as defending mosques,” and said that those who died in the defense of a church were “martyrs.”

In August Al-Azhar issued a statement criticizing ISIS for issuing fatwas justifying the killing of non-Muslims and stressed its prohibition.

In June the Ministry of Awqaf completed training in Quranic interpretation and other Islamic texts for 300 female preachers (wa’ezaat).  In July the government published an action plan for “renewing religious discourse” that included hiring and training imams and expanding the role of women in religious preaching.  The ministry opened a new training academy for preachers in October and announced that women could begin to serve as preachers in mosques and schools, serve on governing boards of mosques, and sing in choirs dedicated to liturgical music.

In December President al-Sisi decreed that the government create an agency tasked with countering sectarian strife.  The new Supreme Committee for Confronting Sectarian Incidents would be headed by the president’s advisor for security and counter terrorism affairs and composed of members from the Military Operations Authority, the Military and General Intelligence Services, the NSS, and the Administrative Oversight Agency.  The new committee was charged with devising a strategy to prevent sectarian incidents, address them as they occur, and apply all antidiscrimination and antihate laws in carrying out these responsibilities.  The committee had the authority to invite ministers, their representatives, or representatives of concerned bodies to meetings.  The government stated that the strategy would include awareness-raising campaigns, promotion of religious tolerance, and possible mechanisms for dealing with individual incidents.

Al-Azhar continued to host events to promote religious tolerance.  In February the grand imam received a delegation from the Anglican Communion and stressed the importance of dialogue between religions.  In July the Grand Imam of Al-Azhar and the Archbishop of Canterbury organized an interfaith conference in London for young Muslims and Christians.  In October Grand Imam Ahmed el-Tayeb visited Pope Francis in the Vatican, where they stressed their commitment to religious dialogue.

On November 2, armed assailants attacked three buses carrying Christian pilgrims to a monastery in Minya in Upper Egypt, killing seven and wounding 19.  Media reported the attackers used automatic weapons to spray the buses indiscriminately, targeting men, women, and children.  The local ISIS affiliate claimed responsibility for the attack in a statement.  Media reported that ISIS repeatedly vowed to attack the country’s Christians as punishment for their support of the government.  Following the attack, authorities stated they killed 19 individuals suspected of involvement in the assault in a shootout west of Minya.  The government did not present evidence to link these individuals to the attack, and a local human rights activist argued these shootings might have constituted extrajudicial killings.

On January 14, armed assailants killed a man in North Sinai upon discovering he was Christian, according to press.  Following a series of attacks against Christians in North Sinai that began in January 2017, more than 250 Christian families left the region, according to EIPR.  Displaced families reported they remained unable to return to their homes.

On May 26, seven Christians were injured in the village of Shoqaf in Beheira while attempting to defend a church from an attack by Muslim villagers.  The church had been used for religious services for three years, and had applied for a license in January 2017.  According to the press, calls to attack the church had come from a nearby mosque.  Police arrested 11 Muslims and nine Christians.  All of those arrested were released following a customary reconciliation session, and the church remained open.

There were reported incidents of mob action against, and collective punishment of, Christians.

On January 17, Muslim villagers attacked the houses of three Christian families in the village of Al-Dawar in Beheira after a Christian man was accused of attempting to sexually assault a Muslim woman, according to press.  Muslim villagers used stones and Molotov cocktails to attack local Christian property.  Police arrested the Christian accused of sexual assault and two of his relatives, but none of the Muslim attackers.  Following a customary reconciliation session attended by a number of parliamentarians, the village mayor and elders, it was agreed that the accused Christian would pay a fine and be expelled from the village.

In late August and early September local press reported Muslim residents of the village of Dimshaw Hashem in Minya Governorate in Upper Egypt protested Christian religious services held in an unlicensed church, and looted four Christian-owned houses before setting them on fire.  The attack injured two Coptic villagers and a firefighter.  Coptic Orthodox Bishop Macarius told the press numerous Christian villagers had informed local police about an imminent attack and that the police failed to take action.  After the attack, police arrested and criminally charged multiple protesters, releasing them on September 27.  EIPR subsequently criticized authorities for pressuring Copts to accept customary reconciliation in addressing the attacks.  Referring to this case, Human Rights Watch stated that customary reconciliation “allows perpetrators to evade prosecution, while authorities offered no concrete future protections to the worshippers and their families.”

Similar to the previous year, the Coptic Orthodox Church refused to participate in government-sponsored customary reconciliation as a substitute to criminal proceedings to address attacks on Christians and their churches.  However, customary reconciliation continued to take place without its participation.  Human rights groups and Christian community representatives said that the practice constituted an encroachment on the principles of nondiscrimination and citizenship, and effectively precluded recourse to the judicial system.  Human rights activists said that, as part of the process, Christians were regularly pressured to retract their statements and deny facts, leading to the dropping of charges.

Discrimination in private sector hiring continued, including in professional sports, according to human rights groups and religious communities.  According to the press, the country’s participation in the World Cup highlighted the absence of Christian players from the national team and major club teams.  The Christian community told the press clubs excluded Christian players from tryouts.  Press reported there were no Christian players on the national soccer team for more than 15 years.  A single Christian player played for one of the 18 top clubs the previous season.  Coptic Pope Tawadros II told the press that the lack of Christians in Egyptian soccer was “extraordinary.”

Some religious leaders and media personalities continued to employ discriminatory language against Christians.  In March exiled Salafi cleric Wagdi Ghoneim told the press senior officials who maintained good relations with Christians were kafirs (infidels).  Dar Al-Iftaa condemned the statement, and said Ghoneim wrongly interpreted Islamic texts.  Television preacher Abdullah Roshdi said that “It is prohibited for Muslims to congratulate non-Muslims on their religious occasions because it expresses support for practices that Islam considers to be acts of unbelief.”  Dar al Iftaa and Al Azhar issued several fatwas permitting and encouraging Muslims to congratulate Christians on their holidays.

Reports of societal anti-Semitism continued.  Journalists and academics made statements on state-owned TV endorsing conspiracy theories about Jewish domination of world media and the economy, according to the Middle East Media Research Institute (MEMRI).  In a June interview on a state-owned channel, law professor Nabil Hilmi said, “Jews control the money and the media,” adding that they have a 50-year plan to reach Mecca and Medina.

In May Chair of the Hebrew Language Department at Menoufia University, Professor Amr Allam, said on a weekly show on a state-owned channel that “Israeli violence…is embedded in the Jewish genes.”

Anti-Israel and anti-Semitic statements continued in the wake of the December 2017 U.S. recognition of Jerusalem as Israel’s capital and the subsequent move of the embassy to Jerusalem.  According to a MEMRI report, Grand Imam Ahmed Al-Tayyeb blamed Israel for terrorism in the Middle East in a January interview on a state-owned channel.  He described Israel as a “dagger plunged into the body of the Arab world,” and said that were it not for “Zionist entity abuse…the Middle East would have progressed.”  He said Arab infighting worked to the advantage of Israel, which he claimed would “march on the Kaaba and on the Prophet’s Mosque [in Medina].”

In January Al-Azhar and the Coptic Church co-sponsored a conference addressing terrorism.  Mahmoud Hamdi Zaqzouq, secretary general of the Egyptian Family House, an Al-Azhar and Coptic Orthodox Church initiative created to send religious leaders to defuse community tensions following sectarian violence, called for religious scholars to challenge terrorism and include education to protect future generations from what he termed the mistaken ideas of extremism.  He stated that all Muslims suffered from the consequences of terrorism.

The law and unimplemented constitution prohibit religious discrimination and provide for freedom of thought, conscience, and belief and the freedom to practice any religion.

Proclamation 73/1995 calls for separation of religion and state; outlines the parameters to which religious organizations must adhere, including concerning foreign relations and social activities; establishes an Office of Religious Affairs; and requires religious groups to register with the government or cease activities.  Members of religious groups that are unregistered or otherwise not in compliance with the law are subject to penalties under the provisional penal code.  Such penalties may include imprisonment and fines.  The Office of Religious Affairs has authority to regulate religious activities and institutions, including approval of the applications of religious groups seeking official recognition.  Each application must include a description of the religious group’s history in the country; an explanation of the uniqueness or benefit the group offers compared with other religious groups; names and personal information of the group’s leaders; detailed information on assets; a description of the group’s conformity to local culture; and a declaration of all foreign sources of funding.

The Office of Religious Affairs has registered four religious groups:  the Eritrean Orthodox Tewahedo Church, Sunni Islam, the Roman Catholic Church, and the Evangelical Lutheran Church of Eritrea (affiliated with the Lutheran World Federation).  A 2002 decree requires all other religious groups to submit registration applications and to cease religious activities and services prior to approval.  The government has not approved the registration of additional religious groups since 2002.

The government appoints the heads of the Eritrean Orthodox Tewahedo Church and the Sunni Islamic community.

Religious groups must obtain government approval to build facilities for worship.

While the law does not specifically address religious education in public schools, Proclamation 73/1995 outlines the parameters to which religious organizations must adhere, and education is not included as an approved activity.  In practice, religious instruction is commonplace within worship communities.

By law, all citizens between 18 and 50 must perform national service, with limited exceptions, including for health reasons such as physical disability or pregnancy.  A compulsory citizen militia requires persons not in the military, including many who had been demobilized, elderly, or otherwise exempted from military service in the past, to carry firearms and attend militia training.  Failure to participate in the militia or national service could result in detention.  Militia duties mostly involve security-related activities, such as airport or neighborhood patrolling.  Militia training primarily involves occasional marches and listening to patriotic lectures.  The law does not provide for conscientious objector status for religious reasons, nor are there alternative activities for persons willing to perform national service but unwilling to engage in military or militia activities.

The law prohibits any involvement in politics by religious groups.

The government requires all citizens to obtain an exit visa prior to departing the country.  The application requests the applicant’s religious affiliation, but the law does not require that information.  Starting in September, an exit visa or other travel documents are not required to cross the newly opened land border with Ethiopia.

The law limits foreign financing for religious groups.  The only contributions legally allowed are from local followers, the government, or government-approved foreign

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

Government Practices

The UK-based religious freedom advocacy group Christian Solidarity Worldwide (CSW) and the Jehovah’s Witnesses news service reported two elderly Jehovah’s Witnesses died early in the year in Mai Serwa Prison outside Asmara.  Both had been in detention since 2008 without charge.  The organizations stated that 76-year-old Habtemichael Tesfamariam died on January 3, and Habtemichael Mekonen, age 77, died on March 6.

In March Al Diaa Islamic School President Hajji Musa Mohammed Nur died of unknown causes while in police custody.  He was reportedly in his late 80s or early 90s when he died.  He had been in custody since October 2017.  NGO and international media reports indicated police arrested hundreds of protesters (including minors) at his funeral.  It was not clear how many protesters remained in detention at year’s end, although sources indicated authorities released many of them.

CSW reported in October that authorities continued to imprison without charge or trial 345 church leaders, including three men who had been imprisoned without charge for 22 years, while estimates of detained laity ranged from 800 to more than 1,000.  Authorities reportedly continued to detain 53 Jehovah’s Witnesses for refusing to participate in military service and renounce their faith.  An unknown number of Muslim detainees remained in detention following protests in Asmara in October 2017 and in March.

Eritrean Orthodox Church Patriarch Abune Antonios, who appeared in public in July 2017, remained under house detention since 2006 for protesting the government’s interference in church affairs.

Determining the number of persons imprisoned for their religious beliefs was difficult due to lack of government transparency and reported intimidation of those who might come forward with such information.

The government did not recognize a right to conscientious objection to military service and continued to single out Jehovah’s Witnesses for particularly harsh treatment because of their blanket refusal to vote in the 1993 referendum on the country’s independence and subsequent refusal to participate in mandatory national service.  The government continued to hold Jehovah’s Witnesses and other religious prisoners for failure to follow the law or for national security reasons.  Authorities prevented prisoners held for national security reasons from having visitors, and families often did not know where the government held such prisoners.  Authorities generally permitted family members to visit prisoners detained for religious reasons only.  Former prisoners held for their religious beliefs continued to report harsh detention conditions, including solitary confinement, physical abuse, and inadequate food, water, and shelter.

In July and August international media and NGOs reported the release from detention of more than 30 Christians from unregistered groups.  Reports stated the government released 35 Christians after they renounced their religion four years earlier.  Another individual reported that one Jehovah’s Witness was transferred from prison to house detention but was still surveilled by security authorities.

Christian advocacy organizations reported the detention of 19 members of the Full Gospel Church in Godaif, Asmara, in July, and of 21 Christians at a gathering in Asmara in August.  The status of the members was unknown at year’s end.

Religious groups were able to print and distribute documents only with the authorization of the Office of Religious Affairs, which continued to approve requests only from the four officially registered religious groups.

The government continued to impose restrictions on proselytizing, accepting external funding from NGOs and international organizations, and groups selecting their own religious leaders.  Unregistered religious groups also faced restrictions in gathering for worship, constructing places of worship, and teaching religious beliefs to others.

The government permitted the Al Diaa Islamic secondary school, which the government had closed in 2017, to reopen in September.  Al Mahad, another school originally founded as an Islamic-based primary and secondary school, remained closed since 2017.  Al Mahad reportedly faced increasing government pressure, including to deemphasize the religious aspects of its curriculum; in recent years, the government permitted the school to teach only elementary school-age children.

Jehovah’s Witnesses were largely unable to obtain official identification documents, which left many of them unable to study in government institutions and barred them from most forms of employment, government benefits, and travel.  The government also required all customers to present a national identification card to use computers at private internet cafes, where most individuals accessed the internet.  This identification requirement rendered Jehovah’s Witnesses generally unable to use the internet.

Arrests and releases often went unreported.  Information from outside the capital was extremely limited.  Independent observers stated many persons remained imprisoned without charge.  International religious organizations reported authorities interrogated detainees about their religious affiliations and asked them to identify members of unregistered religious groups.

The government continued to detain without due process persons associated with unregistered religious groups, occasionally for long periods, and sometimes on the grounds of threatening national security, according to minority religious group members and international NGOs.

When the government opened the land border with Ethiopia in September, the government did not require exit visas or other travel documents for Eritreans crossing into Ethiopia.  How long this procedure would remain in effect was unclear.  The government continued to require all citizens to obtain an exit visa prior to airport departure.  The application requests the applicant’s religious affiliation, but the law does not require that information.  Religious observers continued to report the government denied many exit visa applications for individuals seeking to travel to international religious conferences.

The government continued to allow only the practice of Sunni Islam and continued to ban all other practice of Islam.

Official attitudes toward members of unregistered religious groups worshipping in homes or rented facilities differed.  Some local authorities reportedly tolerated the presence and activities of unregistered groups, while others attempted to prevent them from meeting.  Local authorities sometimes denied government coupons (which allowed shoppers to make purchases at discounted prices at certain stores) to Jehovah’s Witnesses and members of Pentecostal groups.

Diaspora groups noted authorities controlled virtually all activities of the four formally recognized groups.  The leaders of the four groups continued to state their officially registered members did not face impediments to religious practice, but individuals privately reported restrictions on import of religious items used for worship.  Whether authorities used these restrictions to target religious groups was unclear, since import licenses remained generally restricted.  Individuals also reported restrictions on clergy meeting with foreign diplomats.

The government permitted church news services to videotape and publish interviews with foreign diplomats during the public celebration of the Eritrean Orthodox holiday Meskel.

Most places of worship unaffiliated with the four officially registered religious groups remained closed to worship, but many of those buildings remained physically intact and undamaged.  Religious structures used by unregistered Jewish and Greek Orthodox groups continued to exist in Asmara.  The government protected the historic Jewish synagogue building, maintained by an individual reported to be the country’s last remaining Jew.  Other structures belonging to unregistered groups, such as Seventh-day Adventists and the Church of Christ, remained shuttered.  The government allowed the Baha’i center to remain open, and, according to reports, the members of the center had access to the building except for prayer meetings.  The Greek Orthodox Church remained open as a cultural building, but the government did not permit religious services on the site.  The Anglican Church building held services but only under the auspices of the registered Evangelical Lutheran Church.

Some church leaders continued to state the government’s restriction on foreign financing reduced church income and religious participation by preventing churches from training clergy or building or maintaining facilities.

Government control of all mass media continued to restrict the ability of unregistered religious group members to bring attention to government repression against them, according to observers.  Restrictions on public assembly and freedom of speech severely limited the ability of unregistered religious groups to assemble and conduct worship, according to group members.

The sole political party, the People’s Front for Democracy and Justice, led by President Isaias Afwerki, de facto appointed both the mufti of the Sunni Islamic community and the patriarch of the Eritrean Orthodox Tewahedo Church, as well as some lower-level officials for both communities.  Lay administrators appointed by the People’s Front for Democracy and Justice managed some Eritrean Orthodox Tewahedo Church operations, including disposition of donations and seminarian participation in national service.

The government continued to permit a limited number of Sunni Muslims, mainly the elderly and those not fit for military service, to take part in the Hajj, travel abroad for religious study, and host clerics from abroad.  The government generally did not permit Muslim groups to receive funding from countries where Islam was the dominant religion on grounds that such funding threatened to import foreign “fundamentalist” or “extremist” tendencies.

The government granted entry to the prominent Ethiopian Pentecostal Christian television evangelist Suraphel Demissie in June.  Onlookers filmed him preaching on the streets of Asmara.

The government continued to grant some visas permitting Catholic dioceses to host visiting clergy from the Vatican or other foreign locations.  The government permitted Catholic clergy to travel abroad for religious purposes and training, although not in numbers Church officials considered adequate; they were discouraged from attending certain religious events while overseas.  Students attending the Roman Catholic seminary, as well as Catholic nuns, did not perform national service and did not suffer repercussions from the government, according to Church officials.  Some Catholic leaders stated, however, national service requirements prevented adequate numbers of seminarians from completing theological training abroad, because those who had not completed national service were not able to obtain passports or exit visas.

Three ministers, the Asmara mayor, and at least one senior military leader were Muslims.  Foreign diplomats, however, reported that individuals in positions of power, both in government and outside, often expressed reluctance to share power with Muslim compatriots and distrusted foreign Muslims.

Government control of all media, expression, and public discourse limited information available concerning societal actions affecting religious freedom.  Churches and mosques were located in close proximity, and most citizens congratulated members of other religious groups on various religious holidays and other events.  Senior Muslim, Roman Catholic, and Lutheran religious leaders sat as honored guests alongside the ranking Eritrean Orthodox officials during the high-profile public celebration of Meskel on September 27.

Some Christian leaders continued to report Muslim leaders and communities were willing to collaborate on community projects.  Ecumenical and interreligious committees did not exist, although local leaders met informally, and religious holidays featured public displays of interfaith cooperation.  Representatives of each of the official religions attended the state dinners for several visiting foreign officials.  Some Muslims expressed privately their feelings of stress and scrutiny in professional and educational settings because of their faith.

In January media reported that unknown persons vandalized the Jewish section of the main cemetery in Asmara.

The constitution requires the separation of state and religion, establishes freedom of religious choice and practice, prohibits religious discrimination, and stipulates the government shall not interfere in the practice of any religion, nor shall religion interfere in state affairs.  It permits limitations on religious freedom as prescribed by law in order to protect public safety, education, and morals, as well as to guarantee the independence of government from religion.  The law criminalizes religious defamation and incitement of one religious group against another.  The law permits sharia courts to adjudicate personal status cases, provided both parties are Muslim and consent to the court’s jurisdiction.

The SOE put in place on February 16 and lifted on June 5 included provisions affecting religious activities such as the requirement for authorization from the SOE Command Post for public gatherings and a prohibition on chanting political slogans during religious holidays.

Registration and licensing of religious groups fall under the mandate of the Directorate of Faith and Religious Affairs of the Ministry of Peace, which requires unregistered religious groups to submit a founding document, the national identity cards of its founders, and the permanent address of the religious institution and planned regional branches.  The registration process also requires an application letter, information on board members, meeting minutes, information on the founders, financial reports, offices, name, and symbols.  Religious group applicants must have at least 50 individuals for registration as a religious entity, and 15 for registration as a ministry or association.  During the registration process, the government publishes the religious group’s name and logo in a local newspaper and, if there are no objections, registration is granted.

Unlike other religious groups, the EOC is not registered by the Ministry of Peace but obtains registration through a provision in the civil code passed during the imperial era that is still in force.  Registration with the ministry confers legal status on a religious group, which gives the group the right to congregate and to obtain land to build a place of worship and establish a cemetery.  Unregistered groups do not receive these benefits.  Religious groups must renew their registration at least every five years; failure to do so may result in a fine.

Registered religious organizations are required to provide annual activity and financial reports.  Activity reports must describe evangelical activities and list new members, newly ordained clergy, and new houses of worship.

Under the constitution the government owns all land; religious groups must apply to both the regional and local governments for land allocation, including for land to build places of worship.

Government policy prohibits the holding of religious services inside public institutions, per the constitutionally required separation of religion and state.  The government mandates that public institutions take a two-hour break from work on Fridays for workers to attend Islamic prayers.  Private companies are not required to follow this policy.

The constitution prohibits religious instruction in public and private schools, although both public and private schools may organize clubs based on shared religious values.  The law permits the establishment of a separate category of religious schools under the auspices of churches and mosques.  The Charities and Societies Agency, an agency of the government accountable to the federal attorney general, and the Ministry of Education regulate religious schools, which provide both secular and religious instruction.  The Ministry of Education oversees the secular component of education provided by religious schools.

The law prohibits the formation of political parties based on religion.

A government proclamation prohibits certain charities, societies, and associations, including those associated with faith-based organizations that engage in rights-based advocacy, and prevents civil society organizations from receiving more than 10 percent of their funding from foreign sources.  Rights-based advocacy includes activities promoting human and democratic rights or equality of nations, nationalities, peoples, genders, and religions; protecting the rights of children or persons with disabilities; advancing conflict resolution or reconciliation; and enhancing the efficiency of the justice system or law enforcement services.  Religious groups undertaking development activities are required to register their development arms as charities with the Charities and Societies Agency and follow legal guidelines originating from the Charities and Societies Proclamation.

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

Government Practices

On January 20, during Orthodox Christian Epiphany celebrations, also known as the Timket festival, security forces fired teargas in Woldia town, North Wollo Zone of the Amhara Region, on a group of youth who, while following a replica of the Ark of the Covenant (Tabot), the most sacred item in the church, shifted to political messaging in their cheers and songs, according to media reports.  The Tabot fell to the ground during the incident, after which the youths threw rocks at the security forces.  According to an August 9 report by independent rights group Human Rights Council (HRCO), government security forces shot and killed eight and wounded 16 followers of the EOC during the protest.  Subsequently, residents of Woldia and nearby towns Kobo, Robit, Mersa, Wurgessa and Dessie staged protests, which the report stated turned violent; according to the HRCO, security forces killed eight of those protesters and injured nine others.  Government officials promised to investigate the incident, but as of year’s end there was no public report of findings or of anyone being held accountable.

The government released Ahmedin Jebel and his co-defendants from Kality Prison on February 14.  Ahmedin, a member of the Muslim Arbitration Committee, a group formed in 2011 to protest the government’s interference in religion and to advocate for the resolution of Muslim grievances, was arrested in 2012 along with several other activists.  The government brought terrorist charges against him and several codefendants, and they were found guilty.  In August 2015, the court sentenced Ahmedin to 22 years in prison.  Prior to his release, he was one of the few Muslim activists who remained in jail following the pardoning of several other detainees in recent years.

The SOE made protests illegal for four months.  There were no reports of religious communities engaging in protests either before or after the lifting of the SOE.  No religious group reported repression of religious freedom under the SOE.

Reports of government imposition or dissemination of Al-Ahbash teachings (a Sufi religious movement rooted in Lebanon and different from indigenous Islam) declined during the year.

The Directorate for Registration of Religious Groups within the Ministry of Peace reported 816 religious institutions and 1,640 fellowships and religious associations were registered as of late in the year.

The EIASC remained the lead religious organization for the country’s Muslims, managing religious activities in the approximately 40,000 mosques and annual Hajj pilgrimages to Mecca.  Some Muslims stated there was continued government interference in religious affairs, and some members of the Muslim community stated the EIASC lacked autonomy from the government.

Protestants continued to report that local officials discriminated against them with regard to religious registration and the allocation of land for churches and cemeteries.

On August 1, the exiled synod of the Ethiopian Orthodox Church, headed by Patriarch Abune Merkorios, returned to Ethiopia after 27 years of exile in the United States, to reunite with the synod in Ethiopia headed by Patriarch Abune Mathias.  The reconciliation ended 26 years of schism in the Orthodox Church.  Following the reconciliation, the two patriarchs were designated as equal heads of the reunited church, with Abune Merkorios assuming spiritual leadership and Abune Mathias assuming administrative leadership.  Media reported that Prime Minister Abiy played a central role in the mediation efforts by tasking mediators, and by personally attending and addressing a mediation conference in Washington D.C.

In collaboration with the government-sanctioned rights body Ethiopian Human Rights Commission (EHRC), an inquiry committee of the EOC on August 8 reinstated 300 priests of the Addis Ababa Diocese, who were suspended in 2016 by the diocesan leadership.  In addition to concluding the priests should be paid their two-year salary in full, the committee dismissed 14 individuals, including the manager of the Addis Ababa Diocese, for illegally suspending the priests and violating their rights.

On July 3, Prime Minister Abiy initiated an effort to resolve disputes within the Muslim community by bringing together leaders of the EIASC and the Muslim Arbitration Committee (MAC), previously rival groups.  The prime minister’s office stated the government maintained its neutrality when arbitrating between the two groups.  In a joint meeting, the two sides apologized to each other and pledged to resolve their disputes.  They agreed and set up a committee of nine members, three from each group as well as three elders and religious scholars.

On August 4, three Muslim scholars, Sheik Seid Ahmed Mustafa, Sheik Jabir Abdella, and Sheik Sherif Muhdin, returned to the country after more than two decades of exile in Saudi Arabia.  The scholars told local media that they returned in response to Prime Minister Abiy’s calls to return and help build the country.

On August 4, according to national and international media reports, an organized group of Muslim youth killed six priests and burned down at least eight EOC churches in the Somali Regional State during widespread civil unrest in Jijiga.

Participants at the annual Irreecha festival in late September celebrated peacefully, free of the violence that marred the event in 2016.  The PM’s office issued the following statement: “As we celebrate Irreecha, let’s all cherish our rich cultural heritages and unite in a shared purpose to build a bright future for our children.”

The IRCE, an organization established by seven religious institutions and operating independently from the government and whose mission is to promote interfaith harmony throughout the country, reported that major faith communities in most of the country respected each other’s religious observances and practices while permitting intermarriage and conversion.

In May Muslim community leaders said that Islam in the country was threatened by internal fracturing due to discord within the community.

The EIASC expressed continued concern about what it said was the influence of foreign Salafist groups within the Muslim community.  The EIASC said it continued to hold these foreign groups responsible for the exacerbation of tensions between Christians and Muslims and within the Muslim community.

The constitution stipulates there shall be no state religion and prohibits religious discrimination.  The constitution provides for freedom of religion and belief individually or in communities, including the freedom to manifest any religion through worship, practice, teaching, or observance.  The constitution also states individuals shall not be compelled to act or engage in any act contrary to their belief or religion.  These rights shall not be limited except by law, and then only to the extent that the limitation is “reasonable and justifiable in an open and democratic society.”

The constitution requires parliament to enact legislation recognizing a system of personal and family law adhered to by persons professing a particular religion.  The constitution also specifically provides for qadi courts to adjudicate certain types of civil cases based on Islamic law, including questions relating to personal status, marriage, divorce, or inheritance in cases in which “all the parties profess the Muslim religion.”  The country’s secular High Court has jurisdiction over civil or criminal proceedings, including those in the qadi courts, and accepts appeals of any qadi court decision.

Although there is no penal law referring to blasphemy, a section of the penal code states that destroying, damaging, or defiling any place of worship or object held sacred with the intention of insulting the religion of any class of persons is a misdemeanor.  This offense carries a penalty of a fine or up to two years in prison but is reportedly rarely prosecuted using this law.  Crimes against church property are more likely to be treated as malicious destruction of property, which is also a misdemeanor.

According to the law, new religious groups, institutions or places of worship, and faith-based nongovernmental organizations (NGOs) must register with the Registrar of Societies, which reports to the Attorney General’s Office.  Indigenous and traditional religious groups are not required to register, and many do not.  To register, applicants must have valid national identification documents, pay a fee, and undergo security screening.  Registered religious institutions and places of worship may apply for tax-exempt status, including exemption from duty on imported goods.  The law also requires that organizations dedicated to advocacy, public benefit, or the promotion of charity or research register with the NGO Coordination Board.

All public schools have religious education classes taught by government-funded teachers.  The national curriculum mandates religious classes, and students may not opt out.  Some public schools offer religious education options, usually Christian or Islamic studies, but are not required to offer both.

The law establishes fees for multiple steps in the marriage process, which apply to all marriages, religious or secular.  All officiants are required to purchase an annual license, and all public marriage venues must be registered.

The Ministry of Information, Communications, and Technology must approve regional radio and television broadcast licenses, including for religious organizations.

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

Government Practices

Human rights groups and prominent Muslim leaders and religious organizations stated the government’s antiterrorism activities disproportionately impacted Muslims, especially ethnic Somalis and particularly in areas along the Somalia border.  The government’s actions reportedly included extrajudicial killing, torture and forced interrogation, arbitrary arrest, detention without trial, and denial of freedom of assembly and worship.

Prosecution was pending at year’s end of Christian televangelist Paul Makenzi of the Good News International Ministries and his wife Joyce Mwikamba, whom, in October 2017 in the coastal city of Malindi in Kilifi County, authorities charged with radicalizing children by teaching them to reject medical care, enticing them to drop out of school, and teaching them formal education is evil.  According to multiple press reports, police raided Makenzi’s church and rescued children who had abandoned their homes and schools to follow Makenzi’s ministry.

The Registrar of Societies continued not to register any new religious organizations pending completion of revised Religious Societies Rules, which had not been finalized at year’s end.  According to the Alliance of Registered Churches & Ministries Founders, more than 4,400 religious group applications were pending as of the start of the year.  In 2016 the government withdrew proposed Religious Societies Rules in response to religious leaders’ objections after a meeting between President Uhuru Kenyatta and religious leaders.  Religious leaders reported the attorney general proposed the rules to make leaders of religious organizations more accountable for financial dealings and radical or violent teachings.  The government agreed to consult religious leaders and the public and allow them to provide input on a new draft.

In January the High Court in Nairobi overturned the registration suspension of the AIK imposed after court hearings in 2017.  The attorney general suspended AIK’s registration due to questions surrounding the issue of the group’s constitutional rights.  Opponents of AIK’s registration argued AIK’s beliefs were not consistent with the constitution, stating the constitution “recognizes Kenya as a country that believes in God.”

In July the Anglican Church of Kenya (ACK) reinstated three priests who had been dismissed in 2015 on suspicion of homosexual acts.  Shortly after their dismissal, an Employment and Labor Relations judge ordered the Church to reinstate the priests, citing a lack of any evidentiary findings against them.  The ACK reinstated the priests after a court ordered the Church provide back pay and held the presiding bishop in contempt for having failed to adhere to the 2015 ruling.  Protesters, however, prevented the priests from returning to work at their parishes.

An appeal by the Methodist Church was still pending at year’s end regarding a 2016 ruling by the Court of Appeal that Muslim female students be allowed to wear a hijab as part of their school uniforms.  The ruling overturned a 2015 High Court verdict that declared hijabs were discriminatory because they created disparity among students.  In filings to the Supreme Court in September, the attorney general and Teachers Service Commission continued to support the right to wear the hijab in schools.  Religious leaders reported public schools complied with the Court of Appeals’ ruling, while some private schools – particularly religious ones – continued to insist students remove the hijab.  Schools applied the ruling to members of the Akorino religious group, which combines Christian and African styles of worship and requires adherents to cover their heads with turbans for men (referred to as headgear) and veils for women.

Muslim leaders continued to state that police often linked the whole Muslim community to al-Shabaab.  The Independent Policing Oversight Authority, a civilian government body that investigates police misconduct, reported numerous complaints from predominantly Muslim communities, particularly in the Eastleigh neighborhood of Nairobi, regarding intimidation, arbitrary arrest, and extortion by police.  Some complainants stated police accused them of being members of al-Shabaab.

Religious leaders reported the government sought to circumvent a legal prohibition on taxing religious organizations by applying certain regulations to both religious and secular institutions, such as requiring licensing fees for marriage officiants and venues for large social meetings.  Religious leaders stated the fee regulations were unevenly enforced, although not in a discriminatory manner.

Authorities received more than 150 reports of terrorist attacks in the northeast of the country bordering Somalia by al-Shabaab and its sympathizers that targeted non-Muslims.  In one such attack in September, al-Shabaab reportedly ordered travelers to disembark a bus in Lamu County, then identified and killed the two Christians before letting the other travelers proceed.

On February 23, al-Shabaab killed three Christian teachers near Wajir Town.  Reports indicated that, following the attack, more than 60 teachers fled Wajir and neighboring Mandera.  In June the Kenya National Union of Teachers presented a report to the Senate Education Committee detailing the plight of nonlocal teachers in Mandera, Wajir, and Garissa Counties.  According to the report, female teachers “suffered discrimination on the basis of race, sex, religion, conscience, belief, culture, dress, and language,” including being forced to wear deeras (long dresses) and hijabs.

On January 24, media reported al-Shabaab militants raided a village in the Lamu region where they forced villagers to listen to “radical” preaching and hoisted a black flag at the deserted police station.  The militants called upon all civilians to enroll their children in Arabic and Islamic education classes, causing many to flee the scene due to fear of violence.  Many villagers fled the area, and a number of schools remained closed because of security concerns.

Al-Shabaab remained the focus of government antiterror and police efforts throughout the northeast and coastal region.

In October a group of residents in Bungale, Magarini Sub County of Kilifi County, reportedly burned down a house belonging to a pastor associated with the Malindi televangelist, Paul Makenzi.  The group also demolished a Good News International Ministries church and residence belonging to Pastor Titus Katana, also linked to Makenzi.  The group threatened to kill Katana and demanded he leave the area.  Local government officials reported that residents took action following claims Makenzi was promoting extremism and indoctrinating followers with what they characterized as false Christian teachings that included opposition to formal education for children and rejection of modern medicine.  A police investigation continued at year’s end.

Authorities continued to receive reports of threats of violence towards individuals based on religious attire and expressions of intolerance toward members of other faiths.  Since religion and ethnicity are closely linked, authorities could not categorize many incidents as being based exclusively on religious identity.

According to NGO sources, some Muslim community leaders and their families were threatened with violence or death, especially some individuals who had converted from Islam to Christianity, particularly those of Somali ethnic origin.

Interreligious NGOs and political leaders said tensions remained high between Muslim and Christian communities because of terrorist attacks in recent years.  Non-Muslims reportedly harassed or treated with suspicion persons of Somali origin, who were predominantly Muslim.  Police officers often did not serve in their home regions, and therefore officers in some Muslim majority areas were largely non-Muslim.  Religious leaders suggested, anecdotally, that some Muslim youths responded to reported police abuses by largely non-Muslim police forces by vandalizing properties of local Christians.

A two-year survey conducted by DevTech systems on indicators of violent extremism found that fundamental religious beliefs alone do not lead to violent extremism, but that violent extremists often manipulate or invoke religion and ethnic tensions to frame grievances, divide communities, and justify violence.  When asked about the perceptions of ethnic and religious social cohesion, acceptance of identity-based grievances, and the use of violence to defend religious beliefs, 83 percent of respondents believed they could practice their religion freely.  Reports of discrimination were highest in Nairobi at 24 percent.  Nationally, 84 percent of respondents said diversity made the country a better place to live, and 25 percent said violence was always justified in defending one’s religion or culture.

Religious leaders representing interfaith groups, including the Anglican, Catholic, evangelical Protestant, Muslim, and Hindu communities, engaged with political parties and the Independent Electoral Boundaries Commission in the national reconciliation process following violent 2017 presidential elections.  Representatives of a number of religious organizations participated in an October National Dialogue Reference Group conference to promote national healing and identify social cohesion challenges.

The constitution provides for freedom of religion and belief, including the right to form, join, and maintain religious associations.  It prohibits religious discrimination and specifies freedom of expression does not extend to advocacy of hatred based on religion.  The constitution permits legislation recognizing systems of personal and family law to which persons professing a particular religion adhere.  It also allows religious observances in state or state-supported institutions, provided they are voluntary and conducted on an equitable basis.  These rights may be limited for reasons that are “reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom” and takes account of “all relevant factors.”  Cases of discrimination against persons on the grounds of religion may be taken to Equality Courts, the South African Human Rights Commission, and the Constitutional Court.  The constitution also provides for the promotion and respect of languages used for religious purposes, including, but not limited to, Arabic, Hebrew, and Sanskrit.

The constitution allows for the presence and operation of the Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities (CRL) with the mission of fostering the rights of communities to freely observe and practice their cultures, religions, and language.  The CRL is an independent national government institution whose chair is appointed by the president and whose commissioners include members of the clergy, scholars, and politicians, among others.

The law does not require religious groups to register; however, registered religious and other nonprofit groups may qualify as public benefit organizations, allowing them to open bank accounts and exempting them from paying income tax.  To register as a public benefit organization, groups must submit a nonprofit organization application, including their constitution, contact information, and list of officers and documentation stating they meet a number of prescribed requirements that largely ensure accounting and tax compliance, to the provincial social development office.  A group registers once with the local office but their status then applies nationwide.  Once registered, the group must submit annual reports on any changes to this information, important achievements and meetings, and financial information, as well as an accountant’s report.

The government allows but does not require religious education in public schools but prohibits advocating the tenets of a particular religion.

The law allows for marriages to be conducted under customary law; however, it applies only to “those customs and usages traditionally observed among the indigenous African people” and may be performed by all religious groups and their leaders.

The constitution grants detained persons visitation rights with their chosen religious counselor.

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

Government Practices

In September the Constitutional Court, the country’s highest court, declared unconstitutional a ban on marijuana cultivation and personal consumption by adults in private homes.  The court upheld a lower court ruling from 2017.  Since 2002, the Rastafarians had called for the drug, colloquially known as dagga, to be declared lawful on religious grounds.  Jeremy Acton, the head of the Dagga Party of South Africa, brought the court case.

Several groups, including the Southern Africa Catholic Bishops’ Conference, the nonprofit Christian organization Freedom of Religion South Africa (FORSA), and the International Institute for Religious Freedom, stated their continued opposition to a 2016 CRL legislative proposal requiring religious groups to register, stating it would restrict their religious freedom.  The proposal would require religious groups to register formally with the government and would create a peer review council, consisting of representatives from various religious groups, which would grant organizations and individual religious leaders’ permission to operate.  Accredited umbrella organizations for each religious group would recommend the licensing of institutions and individual members of the clergy.  Another recognized umbrella organization would then either approve or decline licensing the institutions.  The groups in opposition stated the proposal’s intent to regulate all religious organizations was unconstitutional and unnecessary because existing laws could be used to address governmental concerns of improper religious activities, such as feeding congregant’s snakes and dangerous substances.  In January the Parliamentary Portfolio Committee on Cooperative Governance and Traditional Affairs announced that every comment it had received from the religious community opposed the CRL proposal.  The committee recommended a national consultative conference, where a full discussion could take place on the issues in the CRL proposal.  The committee also suggested a code of ethics.  No member of the committee recommended that the CRL proposal be forwarded for adoption by parliament.

According to the media, the legislative proposal was prompted by the CRL’s 2016 investigation that revealed some independent church leaders instructed their congregations to eat live snakes, expose their faces to insect repellant, drink gasoline, and pay large sums of money to receive blessings and miracles.  The CRL also found that some religious organizations failed to adhere to tax rules and demonstrated a lack of financial transparency.  Opponents of the proposal stated the CRL based its investigation and subsequent report that justified the recommendation for legislation on generalizations about alleged abuses.  Opponents further stated that the supporting evidence upon which the CRL based its investigation consisted of an inadequate number of interviews with religious groups.  The Council for the Protection and Promotion of Religious Rights and Freedoms – established to oversee the process drawn up by religious and civil organizations that define religious freedoms, rights, and responsibilities of citizens – described the report’s proposals as “the fruit of a poisonous tree.”  The proposal remained with the parliamentary Portfolio Committee on Cooperative Governance and Traditional Affairs at year’s end.

In May the Department of Justice introduced to parliament a hate crimes and hate speech bill that would criminalize any action or statement motivated by bias or hatred towards an individual based upon a number of categories, including his or her ethnic, national, religious, or sexual identity; health status; employment status or type; or physical ability.  The bill would provide law enforcement officials and courts increased authority to arrest, punish offenders, and would mandate prison sentences of up to three years for first-time offenses.  The Department of Justice invited public commentary on the draft bill in 2017 and received more than 77,000 responses from individuals, religious groups, and other organizations.  Opponents to the bill, including religious figures, media representatives, and civil society and NGOs, argued the bill’s definition of hate crimes and speech was too vague and could potentially restrict freedom of religion and speech.  FORSA expressed concern that the bill’s provisions were “over-broad and unconstitutional” and could punish churches and Christians who spoke out against homosexuality; sexual identity is among the categories covered in the legislation.  The Hate Crimes Working Group, a network of civil society groups, stated that existing laws adequately addressed hate speech and the bill, if passed, could have unintended consequences.  The draft legislation was expected to be debated in parliament in early 2019, according to media reports.

Twin brothers Brandon Lee Thulsie and Tony Lee Thulsie continued to await trial on charges of contravening the Protection of Constitutional Democracy Against Terror and Related Activities.  The brothers, along with two others who were alleged to have links to ISIS, were arrested in 2016 for allegedly planning to set off explosives at the U.S. Embassy in Pretoria and Jewish institutions in the country.  The case continued at year’s end.

In August the Western Cape High Court in Cape Town ordered the state to pass legislation that recognizes Islamic marriages.  The Women’s Legal Centre (WLC) successfully argued that the failure of legislation to recognize Islamic marriages degraded Muslim women’s rights.  The Association of Muslim Women of South Africa and the United Ulama Council of South Africa opposed the WLC case, stating it violated freedom of religion by singling out Islam.  The court found that marriage was given “a seal of constitutional significance” and that the only reasonable way the state could fulfill its constitutional obligations would be by enacting legislation that recognized Islamic marriages.  The court gave the government 24 months to pass the legislation; otherwise, all marriages validly concluded under sharia would be dissolved according to the existing legislation.

In September several Muslim pupils at Jeppe Girls School in Johannesburg were charged with “misconduct for repeated dress code infringements” for wearing hijabs without formally asking permission.  The Gauteng Education Department launched an investigation into the matter.  School officials agreed in principle to amend the school’s code of conduct to allow for religious headwear.  The girls’ families retained counsel, who said that if the school attempted to hold a planned hearing on the “defiance and disregard” the school officials said the pupils had shown, they would sue for religious discrimination.

Some prominent individuals and politicians were quoted throughout the year making anti-Semitic statements.  Economic Freedom Fighters political party leader Julius Malema stated at a media briefing in August, “There’s a group of white right wingers who are being trained by Jews in Pretoria to be snipers.”

In February African National Congress Western Cape legislator Sharon Davids accused the Democratic Alliance party of fabricating the Cape Town water crisis in order to obtain desalination contract kickbacks from what she referred to as the “Jewish mafia.”

In February the Democratic Alliance party instructed deputy provincial chair nominee and Women’s Network provincial leader Shehana Kajee to apologize for a 2013 online post in which she called for the Muslim community to “go on the attack” against non-Muslims in the name of Islam.

On May 10, assailants attacked the Shia Imam Hussain Mosque in Verulam, north of Durban, in what many stated they believed was a sectarian attack.  The assailants entered the mosque during midday prayers, stabbed the imam and a worshipper, cut the throat of a man who attempted to help the two being attacked, and set a section of the mosque on fire.  The victim whose throat was cut later died of his injuries.  According to police, the motives behind the targeting of the mosque remained unknown.  Representatives of the KwaZulu-Natal (KZN) Muslim community pointed to growing anti-Shia rhetoric – from some of KZN’s Muslim leaders, local analysts, and community members – as fomenting hate and divisions between majority Sunni and minority Shia Muslims.  In July police discovered five explosive devices around Durban.  Police affidavits stated the 11 men arrested for the mosque attack and the explosive devices were linked to ISIS.  The investigation remained ongoing at year’s end.

In June a man killed two worshippers and wounded two others during prayers at the Sunni Malmesbury Mosque near Cape Town.  Police responding to the incident killed the attacker, who was described by authorities as a Somali national.  The motivation for the attack remained unclear, according to a local news channel.

In a Friday sermon in March at the Masjid Al Furqaan in Cape Town, Sheikh Riyaad Fataar, Deputy President of the Muslim Judicial Council, said the Al-Aqsa Mosque in Jerusalem was “slipping from the hands of the Islamic nation…because the plans of the Jews are moving [ahead]…There is a new page coming that is going to exclude the Zionists from that page.”  The SAJBD stated anti-Semitism increased after South Africa recalled its ambassador to Israel in May following the deaths along the Gaza border of 52 Palestinians in clashes with Israeli security forces.

In June the SAJBD filed a criminal complaint against three individuals it accused of using anti-Semitic and threatening hate speech.  Muhammad Hattia, Tameez Seedat, and Matome Letsoalo made disparaging remarks on social media, including “The #Holocaust Will be like A Picnic When we are done with all you Zionist Bastards” (Letsoalo), and “Hitler [expletive] he should’ve killed you all” (Hattia).  The SAJBD withdrew the charges against Hattia and Seedat after they met with SAJBD and said they showed “remorse” and “anguish.”  Letsoalo did not apologize but instead created additional Twitter accounts.

In June a man arriving at Tambo International Airport in Johannesburg shouted at fellow passengers on a flight from Tel Aviv, “Jews are wicked.”  The man said he had been denied entry into Israel and returned to South Africa.  The incident was filmed in the baggage claim area by a passenger who had just arrived in Johannesburg on the flight.

In August the South African Human Rights Commission ruled that Tony Ehrenreich, former Western Cape Secretary of the Congress of South African Trade Unions, was guilty of hate speech for a Facebook post in which he said, “If a woman or child is killed in Gaza, then the Jewish board of deputies, who are complicit, will feel the wrath of the people of South Africa with the age old biblical teaching of an eye for an eye.”

In November pro-Palestinian groups and supporters of the academic and cultural boycott of Israel called for the withdrawal of seven professors from Israeli universities from participation in a December conference at the University of Stellenbosch titled “Recognition, Reparation, Reconciliation:  The Light and Shadow of Historical Trauma.”  The conference chair, Pumla Gobodo-Madikizela, issued a statement defending the participation of the Israeli scholars, but she later posted a letter to delegates on the conference website stating the scholars had “rescinded their participation” after discussion.  The media and others, however, stated conference organizers had withdrawn their invitations.

The SAJBD recorded 62 anti-Semitic incidents during the year, compared with 44 during 2017.  The incidents included verbal threats and intimidation, verbal abuse, abusive communications, and graffiti/offensive slogans.

In June in Cape Town, several Islamic leaders, both Sunni and Shia representatives, signed the “Cape Accord,” a document meant to encourage peace and unity and to eradicate extremism in the country.  The document also emphasized a tolerance of differences among Muslims and a call not to escalate intrafaith hostilities.