The constitution establishes Islam as the state religion but stipulates followers of religions other than Islam may exercise their faith within the limits of the law. Conversion from Islam to another religion is considered apostasy, punishable by death, imprisonment, or confiscation of property, according to the Sunni Islam Hanafi school of jurisprudence. The constitution states the Hanafi school of jurisprudence shall apply “if there is no provision in the constitution or other laws about a case.” The penal code includes punishments for verbal and physical assaults on a follower of any religion and punishment for insults or distortions directed towards Islam, including in cyberspace. Representatives from the predominantly Shia Hazara community continued to say the government’s provision of security in Shia-predominant areas was insufficient. Shia representatives said they saw no increase in Afghan National Defense and Security Forces (ANDSF) protection; however, they said the government distributed arms directly to the Shia community ahead of large Shia gatherings. Following a series of deadly attacks by ISIS-Khorasan (ISIS-K) in March that targeted Sikhs and killed 25 persons, approximately 200 members of the Sikh community departed the country for India, indicating they left because of the lack of security and insufficient government protection. According to the Hindu and Sikh communities, their members continued to avoid settling commercial and civil disputes in the courts due to fear of retaliation by the local community and instead chose to settle disputes through community councils.
There were reports that ISIS-K, an affiliate of ISIS and a U.S.-designated terrorist organization, continued to target and kill members of minority religious communities and that the Taliban targeted and killed individuals because of their religious beliefs or their links to the government. During the year, the UN Assistance Mission in Afghanistan (UNAMA) recorded 19 attacks attributed to ISIS-K and other antigovernment elements targeting places of worship, religious leaders, and worshippers, compared with 20 attacks in 2019 – causing 115 civilian casualties (60 deaths and 55 injured), compared with 236 civilian casualties (80 deaths and 156 injured) in 2019. According UNAMA, consistent with trends observed in the past four years, many of the suicide and improvised explosive device (IED) attacks on civilians targeted Shia Muslims, particularly ethnic Hazaras. Two major attacks on the Shia Hazara community occurred during the year. On March 6, two gunmen opened fire on participants, primarily Shia Hazara, attending a commemorative ceremony in Kabul, killing 32; ISIS-K claimed responsibility. On May 12, three gunmen stormed a maternity clinic in a predominantly Shia Hazara neighborhood of Kabul, killing 24 persons, including mothers, infants, and health-care workers; no group claimed responsibility, although the government believed ISIS-K was responsible. On March 25, gunmen attacked a Sikh gurdwara (house of worship and community gathering place) in Kabul, killing 25 and injuring 11. ISIS-K claimed responsibility for this attack. On March 26, an IED detonated during funeral services for the Sikh victims, injuring one person. Police also found and defused two other IEDs targeting Sikhs on March 26 and 27. The Taliban continued to kill or issue death threats against Sunni clerics for preaching messages contrary to its interpretation of Islam. Taliban gunmen killed progovernment imams and other religious officials throughout the country. The Taliban continued to warn mullahs not to perform funeral prayers for government security officials. According to observers, the Taliban applied its interpretation of Islam in conducting a parallel system of justice. In February, in Baghlan Province, the Taliban shot and killed a pregnant woman named Fatima, who was accused of adultery. Media reported an Afghanistan Independent Human Rights Commission statement that on June 19, Taliban physically abused and killed the imam of a mosque in Baghlan Province for performing funeral rites for a local police commander. Insurgents claiming affiliation with ISIS-K reportedly engaged in similar activities. According to media, antigovernment forces also targeted Sunni mosques, including attacking two mosques in June, leading to the deaths of two imams and other worshippers. During the year, antigovernment forces carried out several attacks on religious leaders that resulted in fatalities.
Sikhs, Hindus, Christians, and other non-Muslim minority groups reported verbal harassment by some Muslims, although Hindus and Sikhs stated they still were able to practice their respective religions in public. Hindus and Sikhs said their children were harassed by fellow students in public schools, sometimes to the point that parents withdrew them from classes. According to international sources, Baha’is and Christians lived in constant fear of exposure and were reluctant to reveal their religious identities to anyone. Christian groups reported public sentiment, as expressed in social media and elsewhere, remained hostile towards converts and to Christian proselytization. They said individuals who converted or were studying Christianity reported receiving threats, including death threats, from family members. Christians and Ahmadi Muslims reported they continued to worship only privately, at home or in nondescript places of worship, to avoid discrimination and persecution. One mullah in Herat reportedly detained and punished with beatings more than 100 persons for what he said were violations of sharia; authorities did not restrain his activities, citing the need to focus on the Taliban. Women of several different faiths reported continued harassment by local Muslim religious leaders over their attire, which they said made it necessary for almost all women, both local and foreign, to wear some form of head covering. Observers said local Muslim religious leaders continued their efforts to limit social activities, such as music concerts, they considered inconsistent with Islamic doctrine. According to minority religious leaders, due to the small size of their communities, only a few places of worship remained open for Sikhs and Hindus, who said they continued to emigrate because of violent attacks on the community, societal discrimination, and lack of employment opportunities. Hindu and Sikh groups also reported continued interference with efforts to cremate the remains of their dead, in accordance with their customs, by individuals who lived near cremation sites. Despite requesting and receiving local authority support for security during their cremation ceremonies, the Hindu and Sikh communities continued to face protests and threats of violence that prevented them from carrying out the sacred practice. Before every cremation ceremony, the community requested the support of police, who sent security forces to the area to help avoid any disturbance. According to members of the community, at year’s end, approximately 400 members of the Sikh and Hindu communities remained in the country, down from approximately 600 at the start of the year.
U.S. Embassy officials continued to work with the government to promote understanding of religious freedom and why it is important as well the need for the acceptance and protection of religious minorities in meetings with senior government officials. To enhance the government’s capacity to counter violent religious extremism, facilitate creation of a national strategy against such extremism, and create policies to foster religious tolerance, embassy representatives met with the Office of the National Security Council (ONSC), the Ministry of Foreign Affairs, and the Ministry of Hajj and Religious Affairs (MOHRA), among other government agencies. The embassy regularly raised concerns about public safety and freedom to worship with security ministers. Embassy officials continued to meet regularly with leaders of major religious groups, as well as religious minorities, scholars, and nongovernmental organizations (NGOs), to discuss ways to enhance religious tolerance and interreligious dialogue. On February 17, embassy officials conducted a discussion via the Lincoln Learning Center in Khost Province with students, civil activists, and youth to explore how religious freedom is promoted in the United States. The embassy used virtual platforms to engage communities so these discussions could continue despite COVID-19 restrictions. The embassy continued to sponsor programs for religious leaders to increase interreligious dialogue, identify ways to counter violent religious extremism, empower female religious leaders, and promote tolerance for religious diversity. The embassy also used social media to condemn attacks on places of worship.
The constitution prohibits religious discrimination and provides for freedom of faith and conscience and the practice of one’s religion. The country’s 16 states exercise considerable autonomy on registration of religious groups and other matters. Unrecognized religious groups are ineligible for tax benefits. Federal and some state offices of the domestic intelligence service continued to monitor the activities of certain Muslim groups and mosques. Authorities also monitored the Church of Scientology (COS), which reported continued government discrimination against its members. Certain states continued to ban or restrict the use of religious clothing or symbols, including headscarves, for some state employees. Senior government leaders continued to condemn anti-Semitism and anti-Muslim sentiment and acts. In September, Chancellor Angela Merkel described anti-Semitism as an attack on the dignity of individuals that “must be fought decisively” – ideally with education, but with the full strength of the criminal law system when necessary. Government officials responded to revelations of right-wing, anti-Semitic chat groups within police and the military by demanding investigations and dismissing those involved. Two additional state governments appointed anti-Semitism commissioners for the first time, bringing the total number of states with such commissioners to 15 (out of 16), in addition to the federal Jewish life and anti-Semitism commissioner. In October, the government announced it would increase social welfare funding for Holocaust survivors by 30.5 million euros ($37.4 million) in 2021 and provide an additional 564 million euros ($692 million) over the next two years to help Holocaust survivors cope with the burdens of the COVID-19 pandemic.
During a Sukkot celebration for students at the Hohe Weide Synagogue in Hamburg on October 4, a man wearing a military-style uniform struck a Jewish student in the head with a shovel, leaving the victim with a serious head injury. Police arrested the attacker, and a criminal trial was pending. Authorities including Foreign Minister Heiko Maas, Minister of Justice Christine Lambrecht, and Hamburg Mayor Peter Tschentscher condemned the attack. There were numerous reports of anti-Semitic, anti-Muslim, and anti-Christian incidents. These included assaults, verbal harassment, threats, discrimination, and vandalism. Federal crime statistics for 2019 cited 2,032 anti-Semitic crimes during the year, an increase of 13 percent from 2018. Seventy-two of those crimes involved violence. Federal crime statistics attributed 93.4 percent of anti-Semitic crimes in 2019 to the far right. In November, Federal Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism Felix Klein stated anti-Semitism was emerging as a common theme among groups of widely differing political backgrounds that were gathering to protest pandemic lockdown measures. From mid-March to mid-June, the Research Center for Information on Anti-Semitism (RIAS), which is partially government-funded, registered anti-Semitic incidents at 123 separate demonstrations against restrictions to prevent the spread of COVID-19. The head of the Central Council of Jews said to the media in May that right-wing protesters were using anxieties stirred up by the pandemic to spread anti-Semitic conspiracy theories on the internet. Demonstrations also occurred expressing anti-Muslim sentiment.
The U.S. embassy and five consulates general assessed the government’s responses to incidents of religious intolerance; expressed concerns about anti-Semitic, anti-Muslim, and anti-Christian acts; and advocated for more law enforcement and other resources to prevent violent attacks on religious communities. A senior embassy official met with the federal commissioner for global freedom of religion at the Ministry for Economic Cooperation and Development in September. Consuls General met with state-level government representatives and anti-Semitism commissioners. The embassy and consulates general maintained a dialogue with a broad spectrum of religious communities and human rights nongovernmental organizations (NGOs) on their concerns about religious freedom and on ways to promote tolerance and communication among religious groups.
The constitution defines the country as an Islamic republic and specifies Twelver Ja’afari Shia Islam as the official state religion. It states all laws and regulations must be based on “Islamic criteria” and an official interpretation of sharia. The constitution states citizens shall enjoy human, political, economic, and other rights, “in conformity with Islamic criteria.” The penal code specifies the death sentence for proselytizing and attempts by non-Muslims to convert Muslims, as well as for moharebeh (“enmity against God”) and sabb al-nabi (“insulting the Prophet or Islam”). According to the penal code, the application of the death penalty varies depending on the religion of both the perpetrator and the victim. The law prohibits Muslim citizens from changing or renouncing their religious beliefs. The constitution also stipulates five non-Ja’afari Islamic schools shall be “accorded full respect” and official status in matters of religious education and certain personal affairs. The constitution states Zoroastrians, Jews, and Christians, excluding converts from Islam, are the only recognized religious minorities permitted to worship and form religious societies “within the limits of the law.” According to the online news service Iran Focus, on September 10, the Supreme Court, for the third time, upheld the death sentence against seven Sunni Muslim prisoners who were charged with “acting against national security,” “propaganda against the state,” and “moharebeh.” On October 4, according to the Kurdistan Press Agency and a Kurdish nongovernment organization (NGO), security forces arrested a prominent Kurdish Sunni imam, Mamousta Rasoul Hamzehpour, in his home in the city of Piranshahr. As of year’s end, his whereabouts and the status of his case remained unknown. The Abdorrahman Boroumand Center for Human Rights in Iran (ABC), a U.S.-based human rights NGO, said that from January 2000 to November 2020, the government sentenced at least 237 persons to amputation and carried out the sentence in at least 129 cases. On October 8, the International Federation for Human Rights (FIDH) released a report on the country’s use of capital punishment, stating, “The death penalty…has often been used against members of Iran’s ethnic communities and religious minorities, especially in political cases based on moharebeh, ‘spreading corruption on Earth,’ insurrection, and other vaguely worded crimes.” According to the ABC, on October 14, authorities in the Office of the Borazjan City Prosecutor flogged a Christian convert, Mohammad Reza (Yohan) Omidi, 80 times for drinking communion wine. On November 22, NGOs and several media outlets reported that authorities raided the homes of dozens of Baha’is across the country in “simultaneous operations.” On May 28, Radio Farda reported that police in Khuzestan Province said they arrested “14 agents of takfiri (an umbrella term to refer to Sunni dissident groups and Sunni individuals) and separatist groups.” The opposition website Iran Focus stated human rights groups reported that authorities summoned, interrogated, and arrested several religious Sunni teachers, students, and civil activists during the month of Ramadan (which began in late April). NGOs reported that as of October 27, there were 38 Baha’is – 16 men and 22 women – in prison. Twenty-six of them were placed there during the year. In July, a court sentenced seven of eight Christian converts who were arrested in Bushehr in 2019 for spreading “propaganda against the regime.” After sentencing a married couple among the group, the court ruled that, as Christians, the couple were not fit to raise their adopted daughter, who has heart and other health conditions, whom the court viewed as a Muslim. In May, the parliament passed amendments to the Islamic Penal Code, including language that those found guilty of “deviant psychological manipulation” or “propaganda contrary to Islam” could be labeled as members of a “sect” and punished with imprisonment, flogging, fines, or the death penalty. On November 9, the Supreme Court rejected an appeal by women’s right activist Saba Kord-Afshari of her prison sentence for protesting the compulsory hijab. On November 1, Iran International and the international human rights news agency HRANA reported that authorities barred from higher education at least 17 Baha’is who participated in the year’s nationwide university entrance examinations, despite their being academically qualified. In January, NGOs and press reported that the application form for the state-issued national identity card, required for almost all government and other transactions, would only allow citizens to register as one of the country’s recognized religions – Islam, Christianity, Judaism, and Zoroastrianism; previously application forms for the identity card had an option for “other religions.” According to a December 4 report by the news website IranWire, the government issued a memorandum to provincial judiciary heads establishing a new General Office for the Supervision of Lawyers to receive any reports of transgressions by members of the legal profession, including women lawyers not wearing the mandatory hijab at work or on social media or doubts about a lawyer’s commitment to Islam, the Islamic Republic, or the principle of Supreme Leader.
According to multiple sources, non-Shia Muslims and those affiliated with a religion other than Islam, especially members of the Baha’i community, continued to face societal discrimination and harassment, while employers experienced social pressures not to hire Baha’is or to dismiss them from their private-sector jobs. Baha’is reported there was continued destruction and vandalism of their cemeteries. According to IranWire, during Friday prayers in early November in Kermanshah, Sunni cleric Mullahamid Faraji called Yarsanis infidels, Satanists, and enemies of Muslims. Molavi Abdolhamid Ismaeelzahi, the most senior Sunni cleric in the country, circulated a video on social media charging that Chinese Shia students studying at al-Mustafa International University in Qom had infected the country with the COVID-19 virus. According to press and NGO reports, on May 14, following threats on Twitter, a man broke into the shrine of Esther and Mordechai, a Jewish holy site in Hamadan, in an attempt to set fire to the tomb. In June, the Group for Analyzing and Measuring Attitudes in Iran, a Netherlands-based NGO focusing on research on Iran, conducted an online survey with the collaboration of the ABC that found dramatic changes in Iranian society’s religiosity, especially an increase in secularization and a diversity of faiths and beliefs. The survey found that only 40 percent of respondents identified as Muslim.
The United States has no diplomatic relations with Iran. The U.S. government used public statements, sanctions, and diplomatic initiatives in international forums to condemn the government’s abuses and restrictions on worship by religious minorities. Senior U.S. government officials publicly reiterated calls for the release of prisoners held on religious grounds. On September 24, the United States sanctioned several officials and entities for gross violations of human rights and denials to the right of liberty of those seeking only to practice their religion, including Judge Seyyed Mahmoud Sadati, Judge Mohammad Soltani, Branch 1 of the Revolutionary Court of Shiraz, and the Adel Abad, Orumiyeh, and Vakilabad prisons. The statement read, in part, “Judge Soltani is responsible for sentencing Baha’is in Iran on dubious charges related to their exercise of freedom of expression or belief” and “Orumiyeh Prison has subjected members of ethnic and religious minority groups and political prisoners to abuse, including beatings and floggings.”
Since 1999, Iran has been designated as a “Country of Particular Concern” (CPC) under the International Religious Freedom Act of 1998 for having engaged in or tolerated particularly severe violations of religious freedom. On December 2, the Secretary of State redesignated Iran as a CPC. The following sanction accompanied the designation: the existing ongoing travel restrictions based on in section 221(c) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (TRA) for individuals identified under Section 221(a)(1)(C) of the TRA in connection with the commission of serious human rights abuses, pursuant to section 402(c)(5) of the Act.