Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the beliefs and provisions of the “sacred religion of Islam.”  It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam.  According to the constitution, followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law.”  The penal code, enacted in February, outlines provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion.  An article in the new penal code specifies what constitutes an insult to religion, stating, “A person who intentionally insults a religion or disrupts its rites or destroys its permitted places of worship shall be deemed as a perpetrator of the crime of insulting religions and shall be punished according to provisions of this chapter.”

Another article of the penal code states persons who forcibly stop the conduct of rituals of any religion, destroy or damage “permitted places of worship” (a term not defined by the code) where religious rituals are conducted, or destroy or damage any sign or symbol of any religion are subject to imprisonment of three months to one year or a fine ranging from 30,000 afghanis to 60,000 afghanis ($400 to $800).  In cases where murder or physical injury result from the disturbance of religious rites or ceremonies, the perpetrator will be tried according to crimes of murder and physical injury as defined by law.

The new penal code also specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years.

While the crime of blasphemy of Islam, also known as apostasy, is not specifically provided for under the penal code, it falls under the seven offenses making up the hudood as defined by sharia law.  According to the penal code, perpetrators of hudood will be punished according to Hanafi jurisprudence.  According to Sunni Hanafi jurisprudence, which the constitution states shall apply “if there is no provision in the constitution or other laws about a case,” beheading is appropriate for male apostates, while life imprisonment is appropriate for female apostates, unless the individual repents.  A judge may also impose a lesser penalty, such as short-term imprisonment or lashes, if doubt about the apostasy exists.  Under Hanafi jurisprudence, the government may also confiscate the property of apostates or prevent apostates from inheriting property.  This guidance applies to individuals who are of sound mind and have reached the age of maturity.  Civil law states the age of majority for citizens is 18, although it is 16 for females with regard to marriage.  Islamic law defines it as the point at which one shows signs of puberty.

Conversion from Islam to another religion is apostasy according to the Hanafi school of jurisprudence applicable in the courts.  If someone converts to another religion from Islam, he or she shall have three days to recant the conversion.  If the person does not recant, then he or she shall be subject to the punishment for apostasy.  Proselytizing to try to convert individuals from Islam to another religion is also illegal according to the Hanafi school of jurisprudence, which is applied in the courts and subject to the same punishment.

Blasphemy, which may include anti-Islamic writings or speech, is a capital crime according to the Hanafi school.  Accused blasphemers, like apostates, have three days to recant or face death, although there is no clear process for recanting under sharia.  Some hadiths (sayings or traditions that serve as a source of Islamic law or guidance) suggest discussion and negotiation with an apostate to encourage the apostate to recant.

According to a 2007 ruling from the General Directorate of Fatwas and Accounts under the Supreme Court, the Baha’i Faith is distinct from Islam and is a form of blasphemy.  All Muslims who convert to it are considered apostates; Baha’is are labeled infidels.

Licensing and registration of religious groups are not required.  Registration as a group (which gives the group the status of a council, known as a shura) or an association conveys official recognition and the benefit of government provision of facilities for seminars and conferences.  By law, anyone who is 18 years of age or older may establish a social or political organization.  Such an entity must have a charter consistent with domestic laws as well as a central office.  Both groups and associations may register with the Ministry of Justice.  The ministry may dissolve such organizations through a judicial order.  Groups recognized as shuras (councils) may cooperate with one another on religious issues.  Associations may conduct business with the government or the society as a whole. 

A mass media law prohibits the production, reproduction, printing, and publishing of works and materials contrary to the principles of Islam or offensive to other religions and denominations.  It also prohibits publicizing and promoting religions other than Islam and bans articles on any topic the government deems might harm the physical, spiritual, and moral wellbeing of persons, especially children and adolescents.  The law instructs National Radio and Television Afghanistan, a government agency, to provide broadcasting content reflecting the religious beliefs of all ethnic groups in the country.  The law also obligates the agency to adjust its programs in light of Islamic principles as well as national and spiritual values.

According to the constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture as well as academic principles” and develop courses on religion based on the “Islamic sects” in the country.  The national curriculum includes materials designed separately for Sunni-majority schools and Shia-majority schools, as well as textbooks that emphasize nonviolent Islamic terms and principles.  The curriculum includes courses on Islam, but not on other religions.  Non-Muslims are not required to study Islam in public schools.

According to the law, all funds contributed to madrassahs by private or international sources must be channeled through the Ministry of Education (MOE).

The civil and penal codes derive their authority from the constitution.  The constitution stipulates the courts shall apply constitutional provisions as well as the law in ruling on cases.  For instances in which neither the constitution nor the penal or civil code address a specific case, the constitution declares the courts may apply Hanafi Sunni jurisprudence within the limits set by the constitution to attain justice.  The constitution also allows courts to apply Shia law in cases involving Shia followers.  Non-Muslims may not provide testimony in matters requiring sharia jurisprudence.  The constitution makes no mention of separate laws applying to non-Muslims.

A Muslim man may marry a non-Muslim woman, but the woman must first convert if she is not an adherent of one of the other two Abrahamic faiths – Christianity or Judaism.  It is illegal for a Muslim woman to marry a non-Muslim man.

The government’s national identity cards indicate an individual’s religion, as well as nationality, tribe, and ethnicity.  Individuals are not required to declare belief in Islam to receive citizenship.

The constitution requires the president and two vice presidents to be Muslim.  Other senior officials (ministers, members of parliament, judges) must swear allegiance and obedience to the principles of Islam as part of their oath of office.

The constitution allows the formation of political parties, provided the program and charter of a party are “not contrary to the principles of the sacred religion of Islam.”  The constitution states political parties may not be based on sectarianism.

The law, pursuant to a 2016 presidential decree, mandates an additional seat in parliament’s lower house be reserved for a member of the Hindu and Sikh community.  Four seats in the parliament are also reserved for Ismaili Muslims.

The Ministry of Hajj and Religious Affairs (MOHRA) remained responsible for managing Hajj and Umrah pilgrimages, revenue collection for religious activities, acquisition of property for religious purposes, issuance of fatwas, educational testing of imams, sermon preparation and distribution for government-supported mosques, and raising public awareness of religious issues.  During the year, MOHRA restructured its bureaucracy to establish an office dedicated to assisting the faith practices of religious minorities, specifically Sikhs and Hindus.

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

Government Practices

Media reported members of the Shia community continued to state the government did not provide them with adequate protection from attacks by nonstate actors.  In response to these attacks, in September President Ashraf Ghani announced a plan to divide Kabul into four security zones, creating a security zone in the Dasht-e Barchi area similar to the one that protects embassies and international organizations in central Kabul and increasing the ANDSF presence there.  President Ghani also announced plans for the Kabul Municipality and Capital Zone Development Authority to implement development projects in the area, including road construction.  Representatives from the predominantly Shia Hazara community, however, said these were insufficient, symbolic measures from the government.  The Ministry of Interior again increased security around Shia mosques and authorized the arming of Shia civilians, under police authority, to provide extra security for Ashura.  There were no reports of violence during Ashura processions – a sharp contrast from recent years.  On September 18, media reported the government had prevented attacks by arresting 26 ISKP militants in Kabul suspected of planning attacks on Ashura.

As in the previous four years, there were no reports of government prosecutions for blasphemy or apostasy during the year; however, individuals converting from Islam reported they continued to risk annulment of their marriages, rejection by their families and communities, loss of employment, and possibly the death penalty.  Baha’is continued to be labeled as “infidels,” although they were not considered converts; as such, they were not charged with either crime.

The government again allowed both Sunnis and Shia to go on pilgrimages, with no quota on either group.  It charged fees for Hajj participants to cover transportation, food, accommodation, and other expenses.  MOHRA also continued to facilitate pilgrimages for Hindus and Sikhs to India, but it did not collect any revenue for or from non-Muslims.  Ahmadi Muslims reported they chose not to interact with MOHRA because they feared MOHRA would deem them non-Muslims and forbid them from participating in the Hajj.

MOHRA reported that of the approximately 120,000 mullahs in the country, 6,000 registered mullahs were working directly for MOHRA at year’s end, an increase from 4,589 in 2017.  Government officials said the ministry was able to hire additional clerics under the year’s budget due to the implementation of new procedures and a new payroll system.  These mullahs continued to receive an average monthly salary of 12,000 afghanis ($160) from the government.  For highly educated mullahs of central mosques delivering special Friday sermons or khatibs, MOHRA provided a salary of 14,000 afghanis ($190).  Mullahs applying to be prayer leaders in MOHRA-registered mosques continued to have to hold at least a high school diploma, although a bachelor’s degree or equivalent verified by the Ministry of Higher Education was preferred.  MOHRA reported approximately 66,000 of the estimated 160,000 mosques in the country were registered.  According to MOHRA, the ministry lacked the financial resources to create a comprehensive registry of mullahs and mosques in the country.

MOHRA reported it continued to allocate a portion of its budget for the construction of new mosques, although local groups remained the source of most of the funds for the new mosques.  Unless the local groups requested financial or other assistance from the ministry, they were not required to inform the ministry about the new construction.

Hindu and Sikh groups again reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy, but per the law against conversion of Muslims, the government continued not to allow them to proselytize.  Hindu and Sikh community members said they continued to avoid pursuing land disputes through the courts due to fear of retaliation, especially if powerful local leaders occupied their property.

Although the government provided land to use as cremation sites, Sikh leaders stated the distance from any major urban area and the lack of security in the region continued to make the land unusable.  Hindus and Sikhs reported continued interference in their efforts to cremate the remains of their dead from individuals who lived near the cremation sites.  In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals.  The government promised to construct modern crematories for the Sikh and Hindu populations.  Sikh and Hindu community leaders said President Ghani reaffirmed this promise in an August 2017 meeting, but as of the end of the year, the government had not taken action.  Despite these challenges, community leaders acknowledged new efforts by MOHRA to provide free water, electricity, and repair services for a few Sikh and Hindu temples, as well as facilitate visas for religious trips to India.

MOHRA reported there were 4,500 registered madrassahs and “Quran learning centers” throughout the country, up from 4,093 in 2017.  The government reported that approximately 50,000 mosques were registered with the ministry.  The government registered some additional madrassahs during the year but did not report how many.  More than 300,000 students were enrolled in madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to the latest available estimate.

The registration process for madrassahs continued to require a school to demonstrate it had suitable buildings, classrooms, accredited teachers, and dormitories if students lived on campus.  MOHRA continued to register madrassahs collocated with mosques, while the MOE continued to register madrassahs not associated with mosques.  In MOHRA-run madrassahs, students received individual instruction, with one imam teaching approximately 50 to 70 children studying at various levels.  Only certificates issued by registered madrassahs allowed students to pursue higher education at government universities.

MOHRA could not estimate the number of unregistered madrassahs but stated it was likely unregistered madrassahs “far outnumbered” registered madrassahs.  The MOE was authorized to close unregistered madrassahs, but ministry officials again said it remained nearly impossible to close any due to local sensitivities.  According to ministry officials, some madrassahs were closed in conflict areas during the year, but not out of concern for potential negative societal repercussions.  Ministry officials said the government continued its efforts to raise awareness of the benefits of registering madrassahs, including recognition of graduation certificates and financial and material assistance, such as furniture or stationery.  Government officials said they were concerned about their inability to supervise unregistered madrassas that could institute violent extremist curriculum intolerant of religious minorities and become recruitment centers for antigovernment groups.

Mosques continued to handle primary-level religious studies.  Eighty MOE-registered madrassahs offered two-year degree programs at the secondary level.  An estimated 1,200 public madrassahs were registered with the MOE.

Ulema Council members continued to receive financial support from the state, although it officially remained independent from the government.  The council also provided advice to some provincial governments; however, according to scholars and NGOs, most legal decision making in villages and rural areas continued to be based on local interpretations of Islamic law and tradition.  President Ghani and Chief Executive Abdullah Abdullah included messages in support of religious tolerance in speeches invoking national unity and in meetings with minority religious groups.  For example, on September 19, media reported that President Ghani had stated the ongoing war was against the “national unity and religious freedom” of the country.  President Ghani and Chief Executive Abdullah also held meetings with Ulema Council members on promoting intrafaith tolerance and “moderate practices” of Islam.

Minority religious groups reported the courts continued not to apply the protections provided to those groups by law, and the courts denied non-Muslims the access to the courts or other legal redress as Muslims, even when the non-Muslims were legally entitled to those same rights.

According to media reports and representatives from non-Muslim religious minorities, some members of these communities, such as Sikhs and Hindus, were told they did not have equal rights because they were “Indians,” not Afghans, even when they were citizens of the country.  Members of minority religious communities reported the state, including the courts, treated all citizens as if they were Muslims, and some basic citizenship rights of non-Muslims remained uncodified.  They said the result was non-Muslims continued to risk being tried according to Hanafi jurisprudence.

Sikhs and Hindus continued to report their community members avoided taking civil cases to court because they believed they were unprotected by dispute resolution mechanisms such as the Special Land and Property Court.  Instead, their members continued to settle disputes within their communities.

Leaders of both Hindu and Sikh communities continued to state they faced discrimination in the judicial system, including long delays in resolving cases, particularly regarding the continued appropriation of Sikh properties.  Hindu and Sikh community leaders said they had pending court cases of land seized by municipal authorities and warlords from four years ago.  Whenever community advocates reproached the court, government officials said their cases remained under review.

Although some Shia continued to hold senior positions in the government such as Second Vice President Sarwar Danesh, High Peace Council Chairman Karim Khalili, and then Second Chief Executive Deputy Mohammad Mohaqeq, Shia leaders continued to state the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics.  Sunni members of the Ulema Council continued to state, however, that Shia remained overrepresented in government based on Sunni estimates of the percentage of Shia in the population.  Observers said these debates were often about the predominantly Hazara ethnicity of the majority of the country’s Shia rather than about religion.

A small number of Sikhs and Hindus continued to serve in government positions, including one at the municipal level, one at the Chamber of Commerce and Industries, one as a presidentially appointed member of the upper house of parliament, and one as an elected member in the lower house.  After the only Sikh candidate, Awtar Singh Khalsa, for lower house parliament elections was killed in a July 1 suicide attack in Jalalabad, Nangarhar Province, the IEC granted an extension on July 5 for the registration for a Sikh candidate to run in parliamentary elections in October.

Although four Ismaili Muslims remained members of parliament, Ismaili community leaders continued to report concerns about what they called the exclusion of Ismailis from other positions of political authority.

The government continued to support the efforts of judicial, constitutional, and human rights commissions composed of members of different Islamic religious groups (Sunni and Shia) to promote Muslim intrafaith reconciliation.  The Ministry of Women’s Affairs and MOHRA continued working toward their stated goal of gaining nationwide acceptance of the practice of allowing women to attend mosques.  The Ulema Council, the Islamic Brotherhood Council, and MOHRA also continued their work on intrafaith reconciliation.  Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.

On June 4, the Ulema Council convened approximately 3,000 religious scholars at the Loya Jirga tent in Kabul to issue a propeace fatwa.  Although the religious scholars said the effort was more of a symbolic attempt to challenge the religious legitimacy of “holy war” invoked by violent extremist groups, including the Taliban and ISKP, they said the fatwa included principles of religious tolerance.  The scholars stated, “Divisions among Muslims based on language, tribe, or sect are against Islam” and that “those who cause such division should be punished.”  This included all forms of intra-Muslim violence, including through suicide attacks.

The ONSC continued its work on addressing religiously motivated violent extremism, which included policies to foster religious tolerance.  The ONSC continued to sponsor provincial-level conferences on religiously motivated violent extremism to collect data for use in its effort to develop a strategy to counter violent extremism.  The ONSC also continued to coordinate the efforts of relevant government institutions and NGOs to formulate the strategy through an interministerial working group.  Government officials said the strategy had reached the final stages of review during the year.

Abuses by Foreign Forces and Nonstate Actors

According to journalists, local observers, and UNAMA, attacks by the ISKP and other insurgent groups continued to target specific religious and ethnoreligious groups, including the Hazara Shia.  UNAMA’s 2018 report on civilian deaths documented attacks targeting places of worship, religious leaders, and worshippers, recording 22 attacks causing 453 civilian casualties (156 deaths and 297 injured).  UNAMA attributed all attacks to antigovernment elements; the ISKP committed the vast majority of attacks.  Suicide attacks were the main cause of casualties, killing 136 civilians and injuring 266, representing a 118 per cent increase in casualties compared with 2017.  In addition to suicide attacks, UNAMA documented 35 civilian casualties (15 deaths and 20 injured) from targeted killings of religious leaders and worshippers.

UNAMA continued to report high levels of ISKP-directed, sectarian-motivated violence targeting the Shia Muslim, mostly ethnic Hazara, population.  During the year, it documented 19 incidents of sectarian-motivated violence against Shia Muslims resulting in 747 civilian casualties (223 deaths and 524 injured), a 34 percent increase in civilian casualties from such attacks compared with 2017.

The ISKP claimed responsibility for the September 6 twin-suicide attack on a sports club in Western Kabul that killed close to 150 individuals, the vast majority of them members of the Shia Hazara community.

Attacks on Shia mosques for which the ISKP claimed responsibility included a March 21 suicide attack on a Shia shrine in Kabul during a Nowruz celebration, killing 31 and wounding 65, and an August 3 suicide bomb attack on a Shia mosque in Gardez, Paktiya Province, killing 33 persons and injuring 94 during Friday prayers.

According to media reports, antigovernment forces also targeted Sunni mosques.  On May 6, an IED exploded in the Sunni Yaqubi Mosque in the Khost provincial center used as a voter registration center for the October parliamentary elections, killing at least 19 civilians, and injuring 32 others.  No group claimed responsibility for the attack; religious scholars noted the Taliban appeared to avoid attacks against Sunni mosques or refrain from claiming responsibility for them.

ISKP attacks targeting Shia continued to extend outside of mosques.  On April 22, a suicide attacker self-detonated outside of a national identity card (tazkira) distribution center in Kabul, killing 60 civilians and injuring 138 others, mostly women and children.  The predominantly Shia Hazara area in Kabul, Dasht-e Barchi, witnessed several suicide attacks targeting mosques, schools, and government offices, killing and injuring a large number of civilians.  The ISKP claimed responsibility for the majority of these attacks, which deliberately targeted the Shia community.  For example, on August 15, a suicide attack targeted students at an educational center in the Dasht-e Barchi area, killing more than 50 and injuring an estimated 70 individuals, mostly students.  An attack on a gym in the same area on September 5 killed more than 25 civilians and injured approximately 100.

The ISKP also claimed responsibility for a suicide bombing outside the tent of a June 4 Ulema Council conference, where close to 3,000 religious scholars gathered to issue a fatwa condemning intra-Muslim violence, killing 14 and injuring at least 20.

On November 20, a suicide bombing at a wedding hall in Kabul killed at least 50 individuals and injured dozens more.  According to a government official, the attack was one of more deadly attacks in Kabul during the year, targeting a gathering of religious scholars.  No group claimed responsibility for the attack.

The Taliban continued to kill and threaten religious leaders with death for preaching messages contrary to the Taliban’s interpretation of Islam or its political agenda.  On May 26, the Taliban killed a prominent religious scholar in Bati Kot District, Nangarhar Province, whom it accused of spying for the government.  On June 5, local authorities said the Taliban killed a prominent religious scholar in Kandahar City.

In several cases, the responsibility for attacks on religious officials was unclear.  In these cases, although no individual or group claimed responsibility for the attacks, local authorities suspected the ISKP and less frequently, the Taliban were responsible.  On April 29, an IED explosion near a Sunni mosque killed five civilians in Jalalabad City, Nangarhar Province.  On June 6, armed men opened fire in a Sunni mosque during prayers, killing four civilians and injuring five others in Mandozai District, Khost Province.  No group claimed responsibility for the attack.  On November 24 in Kabul, two unidentified gunmen on a motorcycle killed Mawlawi Abdul Basir Haqqani, the head of Kabul’s Ulema Council.  Authorities detained two individuals.

On June 8, an IED killed religious scholars supportive of the government in Mehtarlam City, Laghman Province, killing three civilians and injuring 12 others.  On June 23, unidentified gunmen killed a Shia religious scholar in Herat.  On July 14, unidentified gunmen killed a progovernment imam in Farah City, Farah Province.

There continued to be reports of the Taliban and ISKP monitoring the social habits of local populations in areas under their control and imposing punishments on residents according to their respective interpretations of Islamic law.  On February 12, the Taliban stoned a man to death on charges of engaging in extramarital sex (zina) in the province of Sar-e Pul.  On March 18, the Taliban punished an 18-year-old male by cutting off his right hand and left leg on charges of robbery in Obe District, Herat Province.

On February 27, in Tangi Wazir, Nangarhar Province, the ISKP stoned to death a man accused of engaging in extramarital sexual relations.  The ISKP released a press statement stating the married man was stoned to death because he had illegal extramarital sexual relations.  In April the ISKP stoned to death a 60-year-old man accused of raping a woman in Darzab District, Jawzjan Province.   

There were reports of continued Taliban warnings to mullahs not to perform funeral prayers for government security officials.  As a result, according to MOHRA officials, imams continued to state they feared performing funeral rites for ANDSF and other government employees.  In July government officials confirmed media reports that officially registered imams in Samkani District, Paktiya Province, refused to perform funeral rites for ANDSF members to avoid being targeted by antigovernment elements in the area.  Local communities pointed out that inaction by Islamic clerics affected security force morale.  MOHRA also reported difficulty in staffing registered mosques in insecure areas because of Taliban threats.

According to some religious community leaders, some mullahs in unregistered mosques continued to preach in support of the Taliban or ISKP in their sermons.

There were continued reports of the Taliban and ISKP taking over schools in areas under their control and imposing their own curricula.

Legal Framework

The constitution stipulates there is no official religion, all religions are equal, and the state has the duty to respect and protect religious coexistence.  It declares the state’s neutrality in questions of belief and recognizes the independence of religious groups.  According to the constitution, relations between state and religious groups are regulated by agreements between these groups and the Council of Ministers and ratified by the parliament.

The constitution prohibits religious discrimination and guarantees freedom of conscience, religion, and free expression.  It affirms the freedom of all individuals to choose or change religion or beliefs and to express them individually, collectively, in public, or in private.  The constitution states individuals may not be compelled to participate or excluded from participating in a religious community or its practices, nor may they be compelled to make their beliefs or faith public or prohibited from doing so.  It prohibits political parties or other organizations whose programs incite or support religious hatred.  The criminal code prohibits interference in an individual’s ability to practice a religion and prescribes punishments of up to three years in prison for obstructing the activities of religious organizations or for willfully destroying objects or buildings of religious value.

By law, the Office of the Commissioner for Protection from Discrimination receives and processes discrimination complaints, including those concerning religious practice.  The law specifies the State Committee on Cults, under the jurisdiction of the Office of the Prime Minister, regulates relations between the government and religious groups, protects freedom of religion, and promotes interfaith cooperation and understanding.  The law also directs the committee to maintain records and statistics on foreign religious groups that solicit assistance and to support foreign employees of religious groups in obtaining residence permits.

The government does not require registration or licensing of religious groups, but a religious group must register with the district court as a nonprofit association to qualify for certain benefits, including opening a bank account, owning property, and exemption from certain taxes.  The registration process entails submission of information on the form and scope of the organization, its activities, identities of its founders and legal representatives, nature of its interactions with other stakeholders (e.g., government ministries and civil society organizations), address of the organization, and a registration fee of 1,000 lek ($9).  A judge is randomly assigned within three to four days of submission to adjudicate an application, and the decision process usually concludes within one session.

The government has agreements with the Sunni Muslim and Bektashi communities, the Catholic and Orthodox Churches, and the VUSH.  These bilateral agreements codify arrangements pertaining to official recognition, property restitution, tax exemptions on income, donations and religious property, and exemption from submitting accounting records for religious activities.  A legal provision enacted in 2009 directs the government to provide financial support to the four religious communities with which it had agreements at the time.  This provision of the law does not include the VUSH, whose agreement with the government dates from 2011.  There is no provision of the law to provide VUSH with financial support from the government.

The law requires the ATP to address claims by religious groups for properties confiscated during the communist era.

The law allows religious communities to run educational institutions as well as build and manage religious cemeteries on land the communities own.

Public schools are secular, and the law prohibits religious instruction, but not the teaching of religion as part of a humanities curriculum.  Private schools may offer religious instruction.  Religious communities manage 114 educational institutions, including universities, primary and secondary schools, preschools, kindergartens, vocational schools, and orphanages.  By law, the Ministry of Education, Youth, and Sport must license these institutions, and nonreligious curricula must comply with national education standards.  Catholic, Muslim, and Orthodox groups operate numerous state-licensed kindergartens, schools, and universities.  Most of these do not have mandatory religion classes but offer them as an elective.  For instance, Beder University offers undergraduate and graduate programs in Islamic Studies.  The AIC runs six madrassahs that teach religion in addition to the state-sponsored curriculum.    

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

Government Practices

The Catholic, Sunni Muslim, Orthodox, and Bektashi communities reported their total government financial support remained at 109 million lek ($1.02 million), the same as in 2017 and the previous year.  The Sunni Muslim community continued to receive approximately 28 percent of the funding, while the remaining three each continued to receive 24 percent.  The communities continued to use the funds to cover part of the salaries for administrative and educational staff.  The Bektashi community, which had fewer staff members than the others, continued to use part of these funds for new places of worship.

The government implemented an April 2017 decision to subsidize the price of electricity and water for places of worship as a means of indirect financial support for religious communities.  Leaders of the five main religious communities confirmed they were paying a lower price for electricity and water.

The VUSH reported that, although there was still no formal written agreement with the government on receiving financial support, the State Committee on Cults provided a written commitment to extend financial support to evangelical Christian churches.  The Cults Committee stated it submitted VUSH’s request for financial support to the government.  The VUSH, the Orthodox Church, and the AIC expressed appreciation for the State Committee on Cults’ engagement with them.  The VUSH, however, also expressed concern that the government and some media outlets had shown indifference towards it in comparison with other faith communities.

The government continued the process of legalizing unofficial mosques, Catholic and Orthodox churches, and tekkes (Bektashi centers of worship) built during the 1990s.  The Agency for the Legalization, Urbanization, and Integration of Informal Construction (ALUIZNI) reported that from 2014 through September it legalized 330 religious buildings, including 104 Catholic churches, 153 mosques, and 47 tekkes.  The Orthodox Church reported ALUIZNI approved only two full and two partial legalizations out of the Church’s 23 requests.

The ATP acknowledged the slow pace in adjudicating claims, attributing it to the large volume of files – 551 cases – under review.  The ATP reported it rejected 17 claims during the year, which claimants may challenge in court.  The law grants 10 years to execute a compensation order from the ATP – awarding the property in dispute, monetary compensation, or different property – from the date the order is finalized.  In response to a Constitutional Court declaration that some provisions of the 2015 Law on Property were unconstitutional, the Council of Ministers issued two decisions during the year designed to break an impasse in reviewing claims.  ALUIZNI reported that, between 2012 and 2018, it compensated the Catholic Church, Orthodox Church, AIC, and Bektashi for land illegally occupied by builders.

The Orthodox Church reported the ATP had reviewed only 10 percent of the 890 properties for which the Church had submitted claims.  The Church expressed its concern about delayed court proceedings and said the State Advocate, an institution in the Ministry of Justice that provides government institutions with legal counsel and representation, appealed the few court rulings that favored the Church.

Bektashi leaders reported construction continued on two places of worship in Gjirokaster, three in Permet, and one in Elbasan.  The government reportedly legalized 31 tekkes during the year.  The Bektashi community said it continued to have problems with the local registration offices in Gjirokaster regarding one property, noting the registration process was slow, bureaucratic, and vulnerable to corruption.

The Bektashi stated the State Advocate unfairly challenged title over the course of several years for numerous properties that the Bektashi said they obtained through a court ruling.  The Bektashi community said it brought a complaint to the Ministry of Justice and Office of the Prime Minister, but had not received a response.

The AIC reported the unlawful expropriation of some of its land, citing corruption in the judiciary as the cause.  For example, the AIC claims it owned land near the Trade Chamber building in Tirana but said it was transferred in a corrupt judicial holding to another entity.  The other entity exchanged the land claimed by the AIC for two parking garages, further alienating title from the AIC.

VUSH members continued to report difficulties in acquiring land on which to construct places of worship due to local government tax assessments and regulations.  They said they continued to rent existing buildings instead.

The VUSH reported it continued to have problems registering its property with the local registration office in Korca, and the registration office in Tirana did not provide one of the VUSH’s organizations with a foundation blue print.  The VUSH filed a complaint challenging the Tirana refusal, but said the city had not responded by year’s end.

VUSH leaders stated the central government continued to exempt the organization from property taxes on its churches, but local authorities imposed fees they said were not taxes.  The VUSH continued to dispute the municipalities’ position.  The AIC paid the locally imposed fees for its entities located in Tirana.

Leaders of the five main religious groups expressed concern with a new, cross-thematic curriculum for teaching religion as part of the humanities curriculum for sixth and 10th grade students.  They stated they were concerned because they did not participate in the drafting, and the teachers slated to provide the instruction did not have training in theology.

As of year’s end, the Council of Ministers had not adopted regulations to implement a 2017 law providing additional protection for minority rights, including freedom of religion.

A State Committee on Cults census of religious organizations conducted during the year counted 611 groups, including 248 foundations, 323 religiously related NGOs, and 40 centers.  The AIC has one foundation, while the Orthodox Church has three.  The Catholic Church does have any associated NGOs, foundations, or centers, while the VUSH has 158.

In April Prime Minister Edi Rama warned in a speech that Russia was intent on radicalizing Muslims in the country and urged the European Union not “leave a space for other countries to fill.”  (The country is seeking EU accession.)  He criticized European politicians for stirring anti-Muslim sentiment.

Legal Framework

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.

Legal Framework

The constitution “guarantees freedom of ideas, religion, and cult.”  It prohibits discrimination on the grounds of religion and stipulates no one shall be required to disclose his or her religion or beliefs.  The constitution states such freedoms may be limited only to protect public safety, order, health, or morals as prescribed by law or to protect the rights of others.  The constitution acknowledges a special relationship with the Catholic Church “in accordance with Andorran tradition” and recognizes the “full legal capacity” of the bodies of the Catholic Church, granting them legal status “in accordance with their own rules.”  One of two constitutionally designated princes of the country (who serves equally as joint head of state with the other prince, the president of France) is the Catholic Bishop of Urgell in Catalonia, Spain, Joan Enric Vives i Sicilia, whose diocese includes Andorra.

Faiths other than Catholicism do not have legal status as religious groups.  The government registers religious communities as cultural organizations under the law of associations, which does not specifically mention religious groups.  To build a place of worship or seek government financial support for community activities, a religious group must register as a nonprofit cultural organization and acquire legal status.  To register, a group must provide its statutes and foundational agreement, a statement certifying the names of persons appointed to the board or other official positions in the organization, and a patrimony declaration that identifies the inheritance or endowment of the organization.  A consolidated register of associations records all types of associations, including religious groups.

The national ombudsman is responsible for investigating complaints of racism, discrimination, and intolerance, including those involving a religious motivation, in the public and private sectors.  The ombudsman makes recommendations to the public administration to correct problems and reports annually to parliament.

The law governing the issuance of official documents such as residence permits, passports, and driver’s licenses requires individuals to appear and be photographed with their heads uncovered.

According to the law, municipalities are responsible for the construction, preservation, and administration of cemeteries and funerary services.

Government regulation permits ritual slaughter as required by the Islamic or Jewish faith, so long as it takes place under the supervision of the veterinary services of the country’s slaughterhouse.

Instruction in the Catholic faith is optional in public schools.  The Catholic Church provides teachers for religion classes, and the government pays their salaries.  The Ministry of Education also provides space in public schools for Catholic religious instruction.

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

Government Practices

The Catholic Church continued to receive special privileges not available to other religious groups.  The government paid the salaries of the eight Catholic priests serving in local churches and granted all foreign Catholic priests citizenship for as long as they exercised their functions in the country.

On July 26, the government submitted to parliament a draft law, the first of its kind in the country, providing for equality and nondiscrimination, including religious equality.  The draft legislation would establish sanctions of up to 24,000 euros ($27,500) in cases of discrimination, including on the basis of religious affiliation, and stipulates the burden of proof in cases would rest with the defendant, who would have to demonstrate, if accused, there had not been discrimination.  The law would also establish an Equality Observatory to monitor and assess the state of equality and nondiscrimination in the country.  Parliament was reviewing the draft legislation and expected to vote on it before the end of the legislative term in March 2019.

There were no reports that government officials, at the national or local level, responded to requests by Muslim and Jewish officials to allow the construction of a cemetery where these groups could bury their dead according to their rituals and traditions.  Jews and Muslims could use existing cemeteries, but these did not allocate separate burial areas for these communities to use.  As a result, most Jews and Muslims continued to bury their dead outside the country.  Government officials said they were discussing the issue with municipalities.

In March the Supreme Court upheld a December 2017 finding by the Criminal Court (Tribunal de Corts) that a 2014 assault by two individuals on a Jewish man outside of a discotheque in the city of La Massana did not constitute an anti-Semitic hate crime.

The government continued to fund three public Catholic schools at the primary and secondary level open to students of all faiths.  Catholic instruction was mandatory for all students attending these schools.

The government continued to maintain a policy of issuing religious work permits for foreigners performing religious functions only to members of the Catholic Church.  Foreign religious workers belonging to other groups reported they could enter the country with permits for other positions such as schoolteachers or business workers and carry out religious work without hindrance.

Legal Framework

The constitution defines the state as secular and prohibits religious discrimination.  The constitution requires the state to protect churches and religious groups as long as they comply with the law.  The constitution provides for freedom of conscience, religious belief, and worship, and recognizes the right of religious groups to organize and carry out their activities as long as they adhere to the law.  The constitution permits conscientious objection for religious reasons, prohibits questioning individuals about their religious beliefs for reasons other than anonymous statistical purposes, and specifies religious rights may not be suspended even if the state declares a state of war, siege, or emergency.  It recognizes the right of prisoners to receive visits from, and correspond with, religious counselors.  The law establishes that conscientious objectors may perform civilian service as an alternative to military service.

The 2004 religious freedom law requires religious groups to register for legal recognition from the state.  Legal recognition gives religious groups the ability to purchase property collectively and use their property to hold religious events, exempts them from paying certain property taxes, and authorizes a group to be treated as an incorporated entity in the court system.  To apply for government recognition, a religious group must collect 100,000 member signatures from legal residents in at least 12 of the 18 provinces and submit them to the MJHR.  The law also requires religious groups to submit documents defining their organizational structure, methods of worship, leadership, the amount of time the group has operated in the country, and that their doctrine be in accordance with principles and rights in the constitution.

On October 16, the government issued a joint executive decree mandating all unregistered religious groups submit the necessary registration documents or cease operations by November 4.  The joint decree superseded a 2015 MJHR circular that established four ecumenical associations and required all unrecognized religious group to incorporate within one of the ecumenical associations in order to operate.

While the MJHR is responsible for registration and recognition of religious groups, oversight of religious organizations is the responsibility of the Ministry of Culture through its National Institute for Religious Affairs.

Religious instruction is not a component of the public educational system.  Private schools are allowed to teach religion.

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

Government Practices

On October 16, a joint executive decree revoked the 2015 MJHR circular, thereby abolishing the ecumenical associations and mandating all unregistered religious groups to submit within 30 days individual requests for recognition or cease operations.  The government began closing churches in November after the 30-day period came to an end.  At year’s end, the government reported it had closed more than 900 houses of worship, including eight mosques.  By year’s end, 94 unregistered religious groups submitted their files for recognition.  The number of officially recognized religious groups remained at 81.  At year’s end, the government had not recognized any new religious groups.

Government officials at the highest levels continued to state concern about the proliferation of religious “sects,” some of which were alleged to have exploited vulnerable populations with limited financial means by requiring them to provide recurring payments or dues to worship or belong to these organizations.  In President Lourenco’s address to parliament on October 15, he reaffirmed the government’s commitment to respect freedom of religion, but stressed the government would not tolerate churches that operate solely as for-profit businesses and prey on poor and vulnerable segments of the population.

The government continued not to recognize any Muslim groups officially or issue any licenses to Muslim groups to practice their religion legally.  The Muslim community requested official recognition of its groups but was unable to meet the requirements of the 2004 law, including having 100,000 legal members and a religious doctrine aligned with the country’s constitution.  In the past, government officials had stated some practices allowed by Islam, such as polygamy, contradicted the constitution.  The Islamic Community of Angola (COIA) as well the Islamic Foundation of Angola (FIA) requested official recognition following the October 16 joint executive decree.  According to COIA, there were 69 unregistered mosques in the country.

The Baha’i Faith and the Global Messianic Church remained the only two non-Christian organizations legally registered prior to the 2004 law.

On November 6, the government launched the nationwide Operation Rescue law enforcement campaign to combat criminality, including the operation of unlicensed religious groups.

Some religious leaders, civil society members, and media outlets continued to accuse the government of trying to coerce religious groups to align themselves with the ruling party in exchange for authorization to operate freely.

On December 1, there was a protest in Luanda against the closing of churches under Operation Rescue organized by the Order of Evangelical Pastors of Angola (OPEA).  OPEA stated the government’s closure of churches violated freedom of religion and involved the use of excessive force and coercive power.  OPEA also said police engaged in violence against pastors, some of whom police arbitrarily detained, and violated the sanctity of their churches.  The leader of COIA said Operation Rescue violated the exercise of freedom of religion because eight mosques were closed despite the fact that COIA submitted registration documentation by November 4, in accordance with the new joint executive decree.  Pastors in Lubango from the Church of the Christian Coalition in Angola and Christian Vision Church criticized the government’s failure to consult religious leaders before abolishing the ecumenical associations.

On July 24, the Huambo Provincial Court tried and convicted 32-year-old Justino Tchipango, deputy leader of the Light of the World religious group, and sentenced him to 18 years in prison for the killing of nine police officers during clashes in 2015 between law enforcement and followers of the religious group in Mount Sumi, Huambo Province.

The leader of the Light of the World religious group, Jose Kalupeteka, sentenced to 28 years in prison in 2016 by the Huambo Provincial Court for the killing of nine police officers, appealed to the Supreme Court, but there was no decision on the appeal at year’s end.  On December 18, authorities transferred Kalupeteka from prison in Benguela to his native province of Huambo at the request of his family, which along with civil society had requested the transfer since his sentencing.  Civil society groups maintained Kalupeteka’s trial and conviction were politically motivated and called on the government to open an independent investigation during the year.

On July 30, the Supreme Court invalidated a 2015 decree issued by the Ministry of Justice and Human Rights recognizing the Church of Our Lord Jesus Christ in the World as the only legitimate Tocoist church in the country.  The court ruled it is not the role of the MJHR to unify the different religious denominations in the country, but rather only to ensure religious groups obey the law.

On January 8, President Lourenco announced the government would allow Catholic radio station Ecclesia to extend its signal beyond Luanda Province to other provinces.  Radio Ecclesia submitted a request to operate nationwide in 2009, but the previous government never approved the request.  During the year, Radio Ecclesia began to operate in several additional provinces.

Legal Framework

A combination of historical and modern constitutional documents guarantees freedom of “conscience and creed.”  The law provides for freedom of religious belief and the rights of all residents to join, participate in, leave, or abstain from association with any religious community.  It stipulates, “Duties incumbent on nationals may not be impeded by religious affiliation.”

Several constitutional provisions protect religious freedom.  The main pillars are historical laws on fundamental rights and freedoms, including religious freedom, and treaties and conventions such as the European Convention on Human Rights, which form part of the constitution.  Antidiscrimination legislation prohibits discrimination on religious grounds.  Citizens have the right to sue the government for constitutional violations of religious freedom.

The law prohibits public incitement to hostile acts against a church group, religious society, or other religious group if the incitement is perceivable by “many people,” which an official government commentary on the law and the courts interpret as 30 or more individuals.  The prohibition also applies specifically in the case of incitement in print, electronic, or other media available to a broad public.  The law also prohibits incitement, insult, or contempt against religious groups, if such action violates human dignity.

The law divides registered religious groups into three officially recognized legal categories (listed in descending order of rights and privileges):  religious societies, religious confessional communities, and associations.  Each category possesses specific rights, privileges, and legal responsibilities.  Members of religious groups not legally recognized may practice their religion at home “insofar as this practice is neither unlawful nor offends common decency.”

There are 16 recognized religious societies:  the Roman Catholic Church; Protestant churches – specifically Lutheran and Presbyterian, called “Augsburg” and “Helvetic” confessions; the IGGIO; Old Catholic Church; IKG; Eastern Orthodox Church (Bulgarian, Greek, Romanian, Russian, and Serbian); The Church of Jesus Christ of Latter-day Saints; New Apostolic Church; Syrian Orthodox Church; Coptic Orthodox Church; Armenian Apostolic Church; Methodist Church of Austria; the Buddhist Community; Jehovah’s Witnesses; Alevi Community in Austria; and Free Christian Churches.

The law grants registered religious societies the right to public practice and independent administration of their internal affairs, to participate in the program requiring mandatory church contributions by church members, and to bring religious workers into the country to act as ministers, missionaries, or teachers.  Under the law, religious societies have “public corporation” status, permitting them to engage in a number of public or quasi-public activities, such as government-funded religious instruction in both public and private schools, which the government denies to confessional communities and associations.  The government grants all recognized religious societies tax relief in two main ways:  donations are not taxable, and the societies receive exemption from property tax for all buildings dedicated to the active practice of religion or administration of such.  Additionally, religious societies are exempt from the surveillance charge, payable when state security is required, and the administrative fee levied at the municipal level.  Responsibilities of religious societies include a commitment to sponsor social and cultural activities that serve the common good and to ensure their teachings do not violate the law or ethical standards.

Religious groups seeking to achieve religious society status for the first time must apply for recognition with the Office for Religious Affairs in the Federal Chancellery.  Religious groups recognized as societies prior to 1998 retained their status.  The government grandfathered in 14 of the 16 recognized religious societies under this provision of the law.  To gain recognition as a religious society, religious groups not recognized prior to 1998 must have membership equaling 0.2 percent of the country’s population (approximately 17,400 persons) and existed for 20 years, at least 10 of which must have been as an association and five as a confessional community.  The government recognizes Jehovah’s Witnesses and Alevi Muslims as religious societies under these post-1998 criteria.  Groups that do not meet these criteria may still apply for religious society status under an exception for groups that have been active internationally for at least 100 years and active as an association in the country for 10 years.  Groups sharing a broad faith with an existing society or confessional community, for example Christianity, may register separately as long as they can demonstrate that they have a different theology.

The law allows religious groups not recognized as societies to seek official status as confessional communities with the Office for Religious Affairs in the Federal Chancellery.  The government recognizes nine confessional communities:  the Baha’i Faith; Movement for Religious Renewal-Community of Christians; Pentecostal Community of God; Seventh-day Adventists; Hindu Community; Islamic-Shiite Community; Old-Alevi Community in Austria; Family Federation for World Peace and Unification (Unification Church); and United Pentecostal Community of Austria.  The government recognized the latter as a confessional community on April 17.

A recognized confessional community has the juridical standing needed to engage in such activities as purchasing real estate in its own name and contracting for goods and services, but it is not eligible for the financial and educational benefits available to recognized religious societies.  Contributions to confessional communities’ charitable activities are tax deductible for those who make them, but the communities are not exempt from property taxes.

To gain government recognition as a confessional community, a group must have at least 300 members and submit to the Office for Religious Affairs its statutes describing the goals, rights, and obligations of members, as well as membership regulations, a list of officials, and financing information.  A group must also submit a written description of its religious doctrine, which must differ from that of any previously recognized religious society or religious confessional community.  The Office for Religious Affairs determines whether the group’s basic beliefs are consistent with public security, order, health, and morals, and with the rights and freedoms of citizens.  A religious group seeking to obtain confessional community status is subject to a six-month waiting period from the time of application to the chancellery.  After this period, groups that have applied automatically receive the status unless the government issues a decree rejecting the application.

Religious groups not qualifying for either religious society or confessional community status may apply to become legal associations, a status applicable to a broad range of civil groups.  Some groups organize as associations while waiting for the government to recognize them as confessional communities.

The Church of Scientology and a number of smaller religious groups, such as Sahaja Yoga and the International Society for Krishna Consciousness, have association status.

Religious groups registered as associations have the right to function in public, but they may not provide religious instruction in schools or pastoral care in hospitals or prisons.

According to the law, any group of more than two persons pursuing a nonprofit goal qualifies to organize as an association.  Groups may apply to the Ministry of Interior to gain such status.  To become an association, a group must submit a written statement citing its common, nonprofit goal and commitment to function as a nonprofit organization.  Associations have juridical standing and many of the same rights as confessional communities, including the right to own real estate and to contract for goods and services.  Unlike confessional communities, associations may not offer pastoral care in hospitals or prisons or receive tax-deductible contributions.

The law governing relations between the government and the IGGIO and Alevi Muslim groups stipulates that funding for the day-to-day operations of mosques must be derived from domestic sources, Islamic teachings and practices must not violate federal law, and Islamic institutions should “take a positive stance” toward the state and society.  The law provides an explicit legal definition of, and legal protection for, Islamic practices, such as circumcision and preparation of food in conformity with religious rules, and states Muslims may raise children and youth in accordance with Islamic traditions.  Muslim groups with at least 300 members and a theology not distinct from a pre-existing Islamic religious society or confessional community are considered cultural communities and fall under the umbrella of the pre-existing, legally recognized Islamic religious society or confessional community.  This includes the IGGIO and the Alevi Community in Austria, which are both religious societies, or the Islamic-Shiite Community and the Old-Alevi Faith Community in Austria, both of which have confessional community status.  The law allows for Islamic theological university studies, which the University of Vienna offers.

Separate laws govern relations between the government and each of the other 14 state-recognized religious societies.  The laws have similar intent but vary in some details, given they were enacted at different times over a span of approximately 140 years.

The law bans full-face coverings in public places as a “violation of Austrian values,” with exceptions made only for artistic, cultural, or traditional events, in sports, or for health or professional reasons.  Failure to comply with the law is an administrative violation.  The law prescribes a 150-euro ($170) fine but does not entitle police to remove the face covering.

The government funds, on a proportional basis, religious instruction for any of the 16 officially recognized religious societies by clergy or instructors provided by those groups for children in public schools and government-accredited private schools.  The government does not offer such funding to other religious groups.  A minimum of three children is required to form a class.  Attendance in religion classes is mandatory for all students unless they formally withdraw at the beginning of the school year; students under the age of 14 require parental permission to withdraw from religion classes.  The government funds the instruction, and religious groups provide the instructors.  Religious instruction takes place either in the school or at sites organized by religious groups.  Some schools offer ethics classes for students not attending religious instruction.  Religious education and ethics classes include the tenets of different religious groups as comparative religious education.

The curriculum for both public and private schools includes compulsory antibias and tolerance education, including religious tolerance, as part of civics education across various subjects, including history and German-language instruction.

Holocaust education is part of history instruction and appears in other subjects such as civics.

The Equal Rights Agency, an independent agency falling under the jurisdiction of the women’s ministry, oversees discrimination cases on various grounds, including religion.  The agency provides legal counseling and mediation services, and it assists with bringing cases before the Equal Treatment Commission, another independent government agency.  In cases where it finds discrimination, the commission makes a recommendation for corrective action.  In a case of noncompliance with the recommendation, the case goes to court.  The commission may issue expert reports for plaintiffs to present before the court.  Only a court may order corrective action and compensation.

The law bans neo-Nazi activity and prohibits public denial, belittlement, approval, or justification “of the National Socialist genocide” or other Nazi crimes against humanity in print, broadcast, or other media.

Foreign religious workers of groups recognized as confessional communities or associations must apply for a general immigrant visa that is not employment or family based, and is subject to a quota.  The government requires a visa for visitors from non-visa waiver countries or individuals who would stay beyond 90 days, including religious workers of confessional communities or associations.  Foreign religious workers belonging to religious societies do not require visas for either shorter visits or stays beyond 90 days.  Religious workers from Schengen or European Union-member countries are exempt from all visa requirements.

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

Government Practices

According to the 2018 report on the country by the international NGO Freedom House, many minority religious groups stated the legal division of religious groups into three categories impeded their claims for recognition and “demoted them to second- or third-class status.”

On November 20, parliament enacted a law providing for financial support for the costs of preschools to the provinces, which included an obligation for provincial governments to ban headscarves for children in preschools.

The government continued to implement the ban on the wearing of full-face coverings in public that went into effect in October 2017.  According to data from the interior ministry, authorities filed charges in 96 cases during the year:  62 in Vienna, 11 in Lower Austria, eight in Upper Austria, five in Styria, four in Tyrol, three in Salzburg and one each in Carinthia, Vorarlberg, and Burgenland.  Because authorities did not file charges when persons paid fines immediately, there were an unspecified number of additional cases in which police enforced the law.  A woman fined in October 2017 for covering her face while bicycling told the press she would appeal to the Administrative Court; however, by year’s end, there were no official reports of legal challenges to the ban.

Citing the ban on face coverings as well as the prohibition on foreign funding of mosques, the 2018 Freedom House report lowered its rating of the country from four to three on a scale of four in the category of freedom to practice and express religious faith or nonbelief.

In October the European Court of Human Rights (ECHR) rejected a plea by a woman challenging her 2011 conviction by a Vienna court, later upheld on appeal, for blasphemy against the Prophet Muhammad in 2009.  The ECHR found that insulting the Prophet Muhammad “goes beyond the permissible limits of an objective debate” and “could stir up prejudice and put at risk religious peace.”  The ECHR stated the Austrian courts had “carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected.”

The government continued to deny funding for pastoral care the IGGIO provided to Muslims in prison.  Only the Roman Catholic Church received government funding for pastoral care in prisons pursuant to the law covering relations between the government and the Catholic Church.

On November 22, the government coalition parties introduced a bill stipulating a ban of headscarves for children, 10 and under, in elementary schools.  The bill was referred for discussion to the parliamentary education committee and at year’s end was still pending debate.  The IGGIO called the proposed ban a “symbolic” and “diversionary tactic” that would open the door to a general ban on headscarves in public.

Some Scientologists and representatives of the Unification Church continued to state the Federal Office of Sect Issues and other government-associated entities fostered societal discrimination against religious groups not registered as religious societies or confessional communities.  The office offered advice to persons with questions about groups that it considered “sects” and “cults,” including the Scientologists and members of the Unification Church.  The office was nominally independent but government-funded, and the minister for women, family and youth both appointed and oversaw its head.

A counseling center in Vienna managed by the Society Against Sect and Cult Dangers, an NGO that described itself as an organization working against harm caused by “destructive cults” such as Scientology, continued to distribute information to schools and the general public and provide counseling for former members of such groups.  According to the website of the society’s founder, Friedrich Griess, the society received funding from the government of Lower Austria.  The society reportedly also received support from the city of Vienna.  Several other provinces funded family and youth counseling offices that provided information on “sects and cults,” which members of some minority religious groups, such as Scientologists or the Unification Church, stated were negatively biased.

In June the government completed an investigation of several mosques of the Arab Cultural Community over allegations the mosques preached extremist teachings and concluded the allegations were unfounded.  Mosques of the Arab Cultural Community had been operating outside the auspices of the IGGIO, despite a 2015 law requiring they incorporate under the IGGIO as an umbrella organization.  The government allowed the mosques to continue operations under the IGGIO.

In July the governor of Lower Austria rejected proposals by the provincial councilor for animal protection to reduce kosher and halal slaughtering in the province to an “as-needed” basis.  The councilor had sought a list of the Jews and Muslims in the province to determine the amount of halal and kosher meat required to meet demand.  The Jewish and Islamic communities had previously voiced concerns about the proposal and said they would not provide any lists of their members.  The governor stressed that the government would not require any registrations of persons intending to buy kosher or halal meat.

In August FPOe deputy party leader Johann Gudenus announced the government would draft a law specifically targeting “political Islam” as an illegal political activity and an “abuse of religion.”

Also in August, a decree by the Ministry of Social Affairs provided for stricter controls against illegal ritual slaughtering.  The decree included stricter monitoring of farmers who sold sheep to private persons, a practice which primarily affected Muslims.  Muslim groups stated the existing provisions to prevent illegal slaughter were sufficient, and criticized the decree as a populist measure.

The government continued to apply a policy of banning headwear in official identification documents, with an exception for religious purposes as long as the face was sufficiently visible to allow for identification of the wearer.

On December 11, parliament adopted an amendment to existing law banning certain symbols, including the symbols of ISIS and al-Qaida-affiliated groups.  The amendment, scheduled to enter into force in March 2019, expanded the ban to include symbols of other groups the government considered extremist, including the Muslim Brotherhood.  Interior Minister Herbert Kickl said the law was a clear sign of the country’s zero tolerance policy towards extremist groups, including those professing religious extremism.

The international NGO Anti-Defamation League conducted teacher-training seminars on Holocaust awareness with Austrian schools, reaching approximately 100 teachers.  In addition, provincial school councils and the education ministry invited Holocaust survivors to talk to school classes about National Socialism and the Holocaust.

The counseling office for extremism prevention of the Ministry of Women, Family and Youth cooperated with the IGGIO to conduct training courses for imams on community work and prevention of extremism, including promoting religious tolerance.

Education Minister Heinz Fassmann, as well as Catholic, Lutheran, and Jewish representatives, attended an IGGIO-hosted iftar in May to express support for the Muslim community.

In February Lower Austrian FPOe politician Udo Landbauer resigned as his party’s top candidate in the Lower Austrian elections and from all party functions following revelations of anti-Semitic lyrics mocking the Holocaust in a 1997 songbook of the fraternity Germania zu Wiener Neustadt, of which Landbauer was chairman.  He remained a candidate, but lower down on the party’s list.  In November Landbauer returned to the Lower Austrian FPOe as its acting chairman and acting floor leader in the provincial legislature.  The Viennese weekly Falter reported that Herwig Gotschober, FPOe District Councilor in Vienna-Leopoldstadt and press officer to Transport Minister Norbert Hofer, was chairman of another fraternity, Bruna Sudetia, that also used a songbook containing anti-Semitic lyrics.  Following public controversy over the Germania zu Wiener Neustadt songbook, the FPOe formed a commission of historians in 2017 to examine the party’s history and its past connections to National Socialism, including an analysis of its past party platforms.  The party said the commission would include experts from Israel and the United States.  At year’s end the party had not released any details on the composition of the commission or its work.

Jewish and Muslim community members and NGOs expressed concern over the participation of the FPOe in the coalition government with the People’s Party (OeVP).  For example, IKG Vienna President Oskar Deutsch continued to describe the FPOe as an anti-Semitic party and expressed concern about its attempts to appeal to Jewish voters by rebranding itself as anti-Muslim.  In a November FPOe Facebook video on the introduction of photos on social security identification cards, the party alluded to Muslims abusing social services by portraying the persons on the card as “Ali” and “Mustafa,” wearing a fez and displaying a mustache.  Vice Chancellor and FPOe Chairman Strache publicly distanced the party from the video, saying it was “exaggerated,” “provocative,” and “unnecessary.”  He said the charge that foreigners were primarily responsible for abusing social services was overblown.  At the annual ceremony commemorating the liberation of the concentration camp Mauthausen in May, Deutsch referred to charges of 23 anti-Semitic or neo-Nazi incidents among FPOe rank and file since the party became a junior partner in the coalition government in December 2017.  In January the FPOe ran a campaign with posters entitled “Muhammad – Rank 3 of Baby Names in Vienna – Any More Questions?”  The NGO Mauthausen Committee, a group commemorating victims of Nazi concentration camps, concluded FPOe’s campaign represented anti-Muslim racism, since it engendered fear of Muslims.

In December 2017, the coalition government announced a program, “Together.  For our Austria,” that pledged to engage, including internationally, to prevent the persecution of religious minorities and combat ideological and religious extremism.  The program included a suggestion to include new provisions in the criminal statute to combat violence motivated by religious fundamentalism.  It reiterated the country’s commitment to religious freedom, while also highlighting what it described as the need to combat “political Islam” and the dangers of radicalization, anti-Semitism, violence, and terrorism.  It defined political Islam as an ideological rejection of the country’s modern constitutional state that sought the Islamization of political and social life.  Specific proposals to prevent radicalization include limiting foreign financing of religious organizations, monitoring and potentially closing private Islamic schools not complying with legal requirements, and entrusting law enforcement with the authority to close places of worship that supported terrorism.

In June the Mauthausen Committee published a report linking the FPOe with right-wing extremism.  The report stated extremist activities of FPOe politicians had increased, citing 68 incidents occurring in the four and a half years before the 2017 parliamentary elections, compared with 38 incidents in the six months after those elections.  According to the report, of the 38 cases, 14 were connected with anti-Semitism and eight involved FPOe leaders or members of the federal government.

For example, in March the FPOe Party Chairman of Imst District, Wolfgang Neururer, sent images of Adolf Hitler to FPOe members on social media, with one of the pictures captioned, “Adolf, please show up!  Germany needs you!”  The public prosecutor in Innsbruck was investigating Neururer and another FPOe Party official in Imst.  In January the FPOe appointed Heinrich Sickl to the Graz municipal council.  Sickl, according to the Mauthausen report, was co-editor of Aula, a publication that disseminated anti-Semitic content.  The report added that two other FPOe politicians, Members of Parliament Axel Kassegger and Wendelin Molzer, held leadership positions in Aula.  In response, on June 8, Sickl, who was also head of the FPOe’s Styrian association of university graduates, announced Aula would cease publication as of June.  Following the closure of Aula, the party’s Styrian chapter founded a new publication called “Freilich” under Sickl’s leadership and released its first issue in December.

During the year, according to the Mauthausen report, FPOe District Councilor in Vienna-Leopoldstadt and diplomat, Jurgen-Michael Kleppich, was recalled from the Austrian Embassy in Israel after he posted a picture on social media of his grandfather in a Nazi uniform.  According to the report, Robert Kiesinger, a consultant at the FPOe educational institute, posted a cover page of a Nazi calendar from 1943 as his Easter greeting on social media.  The calendar showed a “life rune,” a banned Nazi symbol.

The police continued to provide extra protection to the Vienna Jewish community’s offices and other Jewish community institutions such as schools and museums.  Law enforcement authorities stated the government provided the protection due to general concerns over the potential for anti-Semitic acts against Jewish institutions.

In November Chancellor Sebastian Kurz hosted a high-level conference on “Europe beyond Anti-Semitism and Anti-Zionism – Securing Jewish Life in Europe” in Vienna.  The event brought together leaders from Europe and the Jewish community on both sides of the Atlantic and focused on concrete measures to combat anti-Semitism, including providing better physical security for Jewish communities, and reinforcing legislation and improving education to combat anti-Semitism.

On November 19, Interior Minister Kickl hosted a conference in the context of Austria’s EU Council presidency on values, rule of law, and security in response to anti-Semitic threats.  Kickl warned against “the new intensity of anti-Semitic threats in Europe … triggered by political Islam,” and pledged to expand protection of Jewish facilities in the country.

In December, at the conclusion of the country’s EU Council presidency, the council adopted a declaration on the fight against anti-Semitism and the development of a common security approach to protect Jewish communities and institutions.  The declaration included calls on member states to adopt a “holistic strategy” to fight all forms of anti-Semitism; endorse the working definition of anti-Semitism of the International Holocaust Remembrance Alliance; take measures against hate crimes and incitement to hatred and violence against Jews; emphasize Holocaust education for all; introduce training about intolerance and anti-Semitic prejudice in schools and vocational and integration programs; and increase efforts to ensure the security of Jewish persons and institutions.  Yad Vashem Chairman Avner Shalev thanked Chancellor Kurz for his “personal efforts” leading to the adoption of the declaration.

On a June trip to Israel, Chancellor Kurz said, “We Austrians know that in light of our own history, we have a special responsibility toward Israel and the Jewish people.  I can assure you that Austria will fight all forms of anti-Semitism in Europe with determination, be it the still-existing one or also new imported anti-Semitism.”  Kurz also called for Holocaust education and spoke against anti-Semitism at a press conference in Berlin in March with German Chancellor Angela Merkel.

In February Education Minister Heinz Fassmann (OevP) stressed the country’s commitment to pursue a policy of zero tolerance toward anti-Semitism at the “An End to Antisemitism!” conference in Vienna.  The European Jewish Congress organized the conference, held at the University of Vienna, in collaboration with the University of Tel Aviv and New York University.

On January 8, Foreign Minister Karin Kneissl (FPOe) spoke to the newspaper Kurier and expressed concern over what she said was rising Islamist-based anti-Semitism in Europe, pledging to work against it.

FPOe Party Chairman Vice-Chancellor Heinz Christian Strache repeatedly called for zero tolerance for anti-Semitism or the glorification of Nazism.  For example, he issued a statement on November 9, commemorating the 80th anniversary of the 1938 Kristallnacht Nazi pogroms against Jews.  He called for zero tolerance again in a Facebook message on the eve of the right-wing “Akademikerball” party in February.  In a speech commemorating the 100th anniversary of the Republic of Austria in November, Strache termed the National Socialist era as the “darkest chapter in Austria’s history,” which had resulted in terrible suffering of human beings, and warned that everything must be done to prevent a reoccurrence.

In March President Alexander Van der Bellen gave a speech during the commemoration of the 80th anniversary of the Nazi German annexation of the country.  Van der Bellen said Austrians “were not only victims, but also perpetrators, often in leading positions” during German occupation.  He added, “The German Wehrmacht came overnight.  But the contempt for human rights and democracy did not come overnight,” and that support for Nazism and anti-Semitism in the country existed before 1938.  At the same event, Chancellor Kurz said, “We must never forget this dark chapter of our history” and pledged the government would create a new memorial commemorating more than 65,000 Austrian Jews killed during the Holocaust.  In an October visit to the historic Waehring Jewish cemetery in Vienna’s 18th district, Kurz said the government would provide support to restore the cemetery.  The cemetery was closed at the end of the 19th century and partly destroyed during the National Socialist era.

The government continued to refuse residence permits for foreign imams financed by foreign sources.

In October, referring to the killing of Saudi journalist Jamal Khashoggi at the Saudi Arabian Consulate General in Istanbul, the three opposition parties, the Social Democrats, NEOS, and List Pilz/Jetzt, questioned the legitimacy of the Vienna-based King Abdullah International Center for Interreligious and Intercultural Dialogue (KAICIID).  They criticized what they described as the deterioration of the human rights situation in Saudi Arabia over the previous two years.  Liste Pilz/Jetzt called for the center to close.  Foreign Minister Kneissl rejected the calls for closure of KAICIID, stating the government could not “just close an international organization,” but adding that her ministry would “closely monitor reforms of the center to reach progress in interreligious dialogue.”

The government is a member of the International Holocaust Remembrance Alliance.