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 (Augsburg and Helvetic confessions); the IGGIO; Old Catholic Church; IKG; Eastern Orthodox Church (Bulgarian, Greek, Romanian, Russian, Serbian, and, since January, Antiochian); 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, to bring religious workers into the country to act as ministers, missionaries, or teachers, and to provide pastoral services in prisons and hospitals. 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 – like all religious groups – 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 have 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; Unification Church; and United Pentecostal Community of Austria.

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. Confessional communities may provide pastoral care in prisons and hospitals.

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.

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, the right to function in public, and many of the same rights as confessional communities, including the right to own real estate and to contract for goods and services. Associations may not offer pastoral care in hospitals or prisons or receive tax-deductible contributions.

Pursuant to the law governing relations between the government and the Roman Catholic Church, the Church is the only religious group to receive government funding for pastoral care it provides in prisons. The law also makes various Catholic holidays official national holidays.

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 (the Office for Religious Affairs in the Federal Chancellery makes this determination), and Islamic institutions should “take a positive stance” toward the state and society. According to the Office for Religious Affairs, there are similar restrictions on foreign funding for other religious groups, and religious groups generally are obliged to finance themselves from domestic sources. 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.

In May parliament enacted a ban on headscarves and other head coverings for children in elementary schools. The ban exempts kippas and Sikh patkas. According to annexes explaining the law, some federal states impose fines of up to 440 euros ($490) on the parents of those that violate the ban.

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. 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, including those based on 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.

In March an amendment expanding a ban on certain symbols the government considered extremist entered into force. Among the newly banned symbols are those pertaining to the Muslim Brotherhood and the PKK.

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 also require immigrant visas but are exempt from the quota system. 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

Members of the then-ruling People’s Party (OeVP)-FPOe government coalition defended the ban on religious headscarves in elementary schools. OeVP Member of Parliament (MP) Rudolf Taschner stated the measure was needed to protect girls from subjugation. FPOe education spokesperson Wendelin Moelzer said the law “was a signal against political Islam.” NGOs criticized the ban, which exempts kippas and Sikh patkas, as singling out the Islamic community. The IGGIO, calling the law “shameless” and a “direct assault on the religious freedom of Austrian Muslims,” announced in May it would file a complaint with the Constitutional Court. By year’s end, it had not done so. In September during the campaign for parliamentary elections, the OeVP called for expanding the ban to middle school students and teachers. At year’s end, parliament had not taken up the proposal to expand the ban.

Scientologists and representatives of the Unification Church continued to state the Federal Office of Sect Issues and other government-associated entities fostered 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 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 city of Vienna government ceased to provide funding to the society. All 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 biased against them.

Prior to its collapse in May, the OeVP-FPOe government did not draft a law making “political Islam” an illegal activity as FPOe Deputy Leader Johan Gudenus announced in 2018 that it would do.

In September parliament passed a nonbinding resolution calling for review and, if necessary, dissolution of “Islamist” organizations that violated criminal law.

The interior ministry did not release statistics on violations of the face covering ban. In response to a parliamentary inquiry, the ministry stated there were 96 cases in 2018. Authorities only filed charges when persons failed to pay fines immediately, making the total number of cases more than the 96 reported. According to press reports, police issued fines for violations of the ban in 364 cases in the town of Zell am See between January and September 2019, almost all of which involved tourists. Vienna police said they considered violations of the ban a minor offense and had not kept statistics on the number of fines it issued since 2017.

According to the press, at year’s end, school boards had reported eight cases of girls violating the headscarf ban. In all eight cases, authorities waived the penalties after parents agreed to remove the headscarf while their child was in school. The Ministry of Education said the number of cases may have exceeded eight as it had received additional reports of cases reported to the ministry’s ombudsman for values and cultural conflict.

The government continued to allow headwear for religious purposes in official identification documents, provided the face remained sufficiently visible to allow for identification of the wearer.

In December a former intern of the Linz Regional Court filed a lawsuit with the Federal Administrative Court because the Linz court barred her from wearing a headscarf during official proceedings at the court during her internship there in 2018. The president of the Linz Regional Court issued an instruction prohibiting the intern from sitting at the judge’s bench while wearing a headscarf, stating the clothing did not meet the requirements of a representative of the state and the judicial system. The intern refused to remove her headscarf and the court mandated that she remain in the public gallery during proceedings. The Federal Administrative Court dismissed the lawsuit without ruling on whether the Linz court’s instruction was discriminatory, as the plaintiff had already completed her internship when she filed her suit.

In June parliament approved a nonbinding resolution calling for the government to close the Saudi-Arabian-funded King Abdullah bin Abdulaziz International Center for Interreligious and Intercultural Dialogue after frequent criticism of Saudi Arabia’s human rights record. According to the Austrian edition of the online English-language newspaper The Local, the foreign ministry said it would implement parliament’s decision to close the center, but at year’s end the center remained open.

In September the Vienna Administrative Court ruled the Iranian embassy could not operate a mosque in an area in Vienna’s 21st district which, according to zoning laws, is an industrial zone. The Iranian embassy did not appeal the ruling.

In October police arrested a German couple in Lower Austria on murder charges after their 13-year-old daughter died in September of a pancreatic inflammation. The parents, members of the Church of God, had rejected, for religious reasons, any medical treatment that would have kept their daughter alive. There was no further information on the case at year’s end.

According to media, the Federal Office for Foreigner Affairs and Asylum (BFA) continued to refuse to issue or renew residence permits for foreign imams financed by foreign sources. The BFA rejected the permits or the renewals on the grounds that since the law forbids foreign funding of religious groups, it considered that imams receiving foreign funding had no income and were therefore ineligible for a residence permit. According to the Turkish Islamic Union for Cultural and Social Cooperation (ATIB), an association of mosques under the authority of the Turkish Ministry of Religious Affairs, as of late 2018, there were 38 cases of foreign imams whose immigration status was pending with the BFA.

In March the Constitutional Court dismissed a suit by two Turkish imams employed by ATIB, whom the government expelled in April 2018, under the 2015 Islam law that bars Muslim religious groups from receiving foreign funding. The Administrative Court had already dismissed the imams’ complaint against the initial deportation ruling in 2018. The Constitutional Court suit was filed with the assistance of ATIB and alleged the ban infringed on religious freedom and was discriminatory, stating the government only applied it to Islam. The court ruled that protecting the independence of religious groups from foreign states was a matter of public interest. The court also ruled, however, that the ban applied to funding from foreign states, not to foreign private donors. The Constitutional Court referred the case back to the Administrative Court to determine if any other rights of the imams were infringed and a decision remained pending. Then-chancellor Sebastian Kurz said he felt “vindicated” by the court’s decision and called the law a model for other European countries.

In February parliament voted to eliminate Good Friday as a public holiday. The change followed a ruling by the European Court of Justice that granting employees belonging to certain religious groups paid leave for religious holidays constituted religious discrimination and the country should amend the law. According to press reports, parliament’s revocation of the holiday generated protests among Protestant groups in the country. Then-bishop Michael Buenker of the Protestant Churches (Augsburg and Helvetic Confessions) reportedly called the change an “intervention in Protestants’ freedom of religious practice.”

The IGGIO protested against a January change in the title of courses on Islam in school report cards to “IGGIO” instead of “Islam.” In June the education ministry changed the title back to “Islam,” with an addition referring to the IGGIO, Shia, or Alevi orientation.

The international NGO Anti-Defamation League (ADL) continued to conduct teacher-training seminars on Holocaust awareness with schools in the country, 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.

In October the European Court of Human Rights (ECHR) ruled the government failed to protect Holocaust survivor Aba Lewit against defamation. Lewit had appealed to the ECHR after national courts failed to convict the magazine Aula for publishing an article in 2015 stating that prisoners at the Nazi Mauthausen concentration camp had been a plague for the region around the camp after its liberation in 1945. In December 2018, according to the Mauthausen Committee, the NGO SOS Mitmensch filed a complaint of 300 pages against Martin Pfeiffer, FPOe Deputy District Chairman in Graz-St. Leonhard, for his role as editor-in-chief of Aula, which the complaint said “had been systematically used for National Socialist reactivation” for 10 years. The magazine had already ceased publication in June 2018, and FPOe Chair Norbert Hofer stated party members involved in the magazine risked expulsion from the party. Pfeiffer left the FPOe and relaunched the magazine under a new name, Neue Aula, in October, but discontinued publication after one issue because of what he said were financial reasons.

Following the collapse of the OeVP-FPOe government in May, Jewish community members advocated against participation of the FPOe in another coalition government. Vice President of the European Jewish Congress and former IKG Vienna President Ariel Muzicant continued to state – for example, during a television interview in May and in a newspaper opinion piece in September – the FPOe was involved in anti-Semitic incidents. IKG President Oskar Deutsch also criticized what he called the FPOe’s failure to deal with anti-Semitism in the party in a television interview in November.

Prior to the collapse of the OeVP-FPOe government, Jewish community leaders stated there had been 51 anti-Semitic incidents attributable to FPOe members or at FPOe-affiliated events since the FPOe had entered the government and said they would not have any contacts with FPOe ministers until those incidents ceased.

In August the Mauthausen Committee published another report citing what it classified as rightwing incidents involving FPOe politicians, many of which it said were religiously motivated, primarily anti-Semitic. According to the report, these activities had increased significantly; it cited 63 incidents in the 13 months ending in July, compared with 106 between the start of 2013 and May 2018. It said the incidents involved persons at all levels of the FPOe and that anti-Semitism by its members, which the party had denied, manifested itself regularly. It stated, “… The FPO[e] shows a close proximity to Nazi ideology” and the worst offenders were party officials in Upper Austria, who accounted for one-third of the 63 most recent incidents.

The committee reported that in February SOS Mitmensch stated FPOe Secretary General Harald Vilimsky had used taxpayers’ money to pay for five full-page advertisements in Info-Direkt, a magazine that it said published anti-Semitic content and that The Documentation Center of Austrian Resistance, a government-supported foundation that documents Nazi crimes, described as “extreme rightwing with a neo-Nazi background.”

The committee also cited a report in May by the news magazine Profil that FPOe ministers in the previous government and party politicians from Upper Austria, led by then-transport minister and later national FPOe Chair Norbert Hofer, had channeled 116,000 euros ($130,000) of taxpayer money for advertisements that included anti-Semitic content in extremist rightwing media such as Info-Direkt and Zur Zeit. Profil said the total payments could be higher, since the FPOe-led city government of Wels had refused to provide any information on the issue.

The committee reported that in April FPOe then-vice chancellor Heinz-Christian Strache and FPOe MP Peter Gerstner had separately reposted on Facebook an anti-Muslim message (it did not describe the message) by neo-Nazi website “Zaronews.” According to the committee, “Zaronews” has called Hitler a “savior” and described the Holocaust as the “biggest lie in the world.”

In March the IGGIO filed incitement charges against then-FPOe vice chancellor Strache. At a book presentation in March, Strache had warned, “In Viennese kindergartens, children are raised to be martyrs with hate sermons.” The Vienna prosecutor’s office dismissed the charges.

Authorities were investigating links between the Identitarian movement, widely described by NGOs as far-right and white nationalist, and the FPOe. The Mauthausen Committee reported the connections between the two were significant, and the press published articles stating there were links between FPOe members and the movement. In August the OeVP said a ban of the movement was a condition for a future coalition, a condition the FPOe rejected. FPOe head Hofer denied any association with the Identitarians, and in August said that banning it would set a precedent of a “moral dictatorship.” Justice Minister Clemens Jabloner told the press in August, “One should not restrict fundamental rights even where it is about deeply unsympathetic groups as the Identitarians.”

The police continued to provide extra protection to the Vienna Jewish community’s offices and other Jewish community institutions such as schools and museums. Following an assault at a synagogue in Halle, Germany in October, IKG President Deutsch issued a statement in which he said that security forces protected synagogues in Austria, and he thanked the government for that protection. President Alexander Van der Bellen visited the Vienna synagogue in October after the Halle assault and said that a hard core of anti-Semites also existed in Austria. Deutsch, who received Van der Bellen in the synagogue, commented that rightwing, leftwing, and Islamist groups were causing anti-Semitism, not only in the country, but in Europe generally.

At year’s end, the government had not provided financial support for the restoration of the historic Waehring Jewish cemetery in Vienna. Then-chancellor Kurz had announced his government’s intention to provide the support during a visit to the cemetery in 2018.

In October FPOe Chairman Norbert Hofer announced the completion of a report prepared by a commission of historians the party commissioned in 2017 to examine the party’s past connection to National Socialism. In December the party released the final report, which included chapters on allegations of anti-Semitism, the party’s relationship with Israel and Islam, and efforts to overcome its Nazi past, among others. A chapter authored by a history professor from the Hebrew University of Jerusalem concluded that, despite the party’s deep historical association with National Socialism, it had made efforts to distance itself from that past. The summary at the end of the report noted active supporters and sympathizers of national socialism “could be found in great numbers in the other parties,” and, “The history of the FPOe should be remembered as a democratic party and important contributor to the success” of the postwar republic. The report drew criticism from independent historians such as Oliver Rathkolb, who challenged its academic substance and denied that the party’s true aim had been a substantive self-critical analysis.

In May Vienna Mayor Michael Ludwig and other political representatives, as well as the papal nuncio, attended an IGGIO-hosted iftar. Ludwig also hosted a separate iftar. Ludwig condemned racism and discrimination and said such acts against persons because of their religion worried him. He called on citizens and the Muslim community to make mutual efforts to live together peacefully. IGGIO President Umit Vural thanked the mayor for hosting the iftar and said Muslims were experiencing difficult times in the country and thus needed political support when the number of incidents against them was increasing. Speaking about the parliamentary debate then taking place on banning headscarves for primary school students, Vural said politics should not decide people’s apparel.

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

Legal Framework

The constitution provides for freedom of conscience, religion, thought, belief, opinion, and expression. Every individual is equal under the law and has the right to equal protection and benefit of the law without discrimination based on religion. The law imposes “reasonable limits” on the exercise of these religious rights only where such restrictions can be “demonstrably justified in a free and democratic society.” The law permits individuals to sue the government for “violations” of religious freedom. Federal and provincial human rights laws prohibit discrimination on the grounds of religion. Civil remedies include compensation and/or changes to the policy or practice responsible for the discrimination.

The law does not require religious groups to register, but the government grants tax-exempt status to religious groups that register as nonprofit organizations with the Charities Directorate of the Canada Revenue Agency. Nonprofit status provides such organizations with federal and provincial sales tax reductions, rebates, and exemptions. To gain and retain tax-exempt status, a group must be nonpolitical and undergo periodic audits. Charitable status also grants members of the clergy various federal benefits, including a housing deduction under the tax code and expedited processing through the immigration system. The term “clergy” includes persons whose communities have licensed, ordained, or otherwise formally recognized them for their religious leadership and authority to perform spiritual duties and services within their religious organization. Individual citizens who donate to tax-exempt religious groups receive a federal tax receipt entitling them to federal income tax deductions.

The criminal code prohibits the practice of polygamy, which is an indictable offense subject to imprisonment of up to five years.

A Quebec government law passed and implemented in June prohibits certain government employees from wearing religious symbols while exercising their official functions. The law defines a religious symbol as “any object, including clothing, a symbol, jewelry, an adornment, an accessory, or headwear, that (1) is worn in connection with a religious conviction or belief; or (2) is reasonably considered as referring to a religious affiliation.” Among categories included in the law are president and vice presidents of the national assembly; administrative justices of the peace; certain municipal court employees; police, sheriffs and deputy sheriffs; certain prosecutors and criminal lawyers; and certain principals, vice principals, and teachers, among others. The law also requires anyone seeking certain provincial government services to do so with “face uncovered.” The bill invoked the “notwithstanding clause” of the federal constitution, which permits a province to override specific constitutional protections for a period of five years to prevent citizens from bringing challenges to the law based on the federal constitution. The religious symbols ban applies to public school teachers, government lawyers, judges, prison guards, and police officers, among others. It exempts provincial employees working prior to the implementation of the law, but they lose their right to wear religious symbols upon changing jobs or receiving a promotion.

Government policy and practices regarding education, including regulation of religious schools, fall under the purview of the provincial, rather than federal, governments. Six of the 10 provinces provide full or partial funding to some religious schools.

Catholic and Protestant schools in Ontario, Alberta, and Saskatchewan retain the federal constitutionally protected right to public funding they gained when those provinces joined the federation. Other provinces either had no legally recognized denominational schools that qualified for such protection at the time of federation or accession, or they subsequently secured a federal constitutional amendment to terminate religious education funding rights and introduce an exclusively secular publicly funded education system. Federal statutory protection for Catholic and Protestant publicly funded minority education exists in the Yukon, Nunavut, and Northwest Territories, which do not have provincial status. Constitutional or federal statutory protection for public funding of religious education does not extend to schools of other religious groups, although British Columbia, Alberta, Saskatchewan, Manitoba, and Quebec offer partial funding to religious schools of any faith that meet provincial scholastic criteria. The law permits parents to homeschool their children or enroll them in private schools for religious reasons.

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

Government Practices

On December 7, the Federal Court of Appeal ruled that the Canadian Church of Atheism of Central Canada did not qualify as a charity under the Income Tax Act in part because it could not be found to be a “religion” in a charitable sense. The court based its finding on the Church’s failure to “demonstrate that its belief system was based on a particular and comprehensive system of doctrine and observances.” In its ruling, the court also noted that registration of an organization as a charity under the Income Tax Act is a privilege, and not a right.

In June the National Council of Canadian Muslims, Canadian Civil Liberties Association, and an individual plaintiff filed a legal challenge in Quebec Superior Court against the provincial law prohibiting certain categories of government employees from wearing religious symbols while exercising their official functions. According to press reports, observers said the legislation would exclude some religious Muslims, Sikhs, and Jews from positions of authority, including in education and law enforcement. The observers also said the legislation unfairly targeted Muslim women in the province who wear hijabs or other head coverings. The challenged law was the third attempt by a Quebec government to pass such legislation regarding the delivery of provincial services; a Parti Quebecois government introduced a bill in 2013 but did not pass it before the 2014 Quebec election, and a Liberal government passed a bill in 2017 that never entered into effect because a series of judicial injunctions suspended its application. The plaintiffs also challenged portions of the newly passed law prohibiting individuals from receiving certain government services with their faces covered. The plaintiffs sought a temporary injunction against implementation of the law, but the Quebec Superior Court declined the request in July. In August the Quebec Court of Appeal agreed to hear the plaintiffs’ appeal of that decision, and in October the court declined to temporarily stay imposition of the law pending a ruling on its constitutionality; as a result, the law remained in force. In September a multifaith organization filed a separate challenge to the law on behalf of three teachers – a Roman Catholic and two Muslims – who wore religious symbols. In October the English Montreal School Board, the largest English language school board in Quebec, challenged the law in court. In November a Quebec teachers union representing 45,000 teachers also filed suit. In total, four different lawsuits challenging the constitutionality of the Quebec law remained pending at year’s end.

In May an Ontario court dismissed the appeal of Ontario physicians who objected on religious and/or moral grounds to a provincial policy that required them to provide patients with referrals for “medical services such as medical assistance in dying, abortion, and reproductive health services.” Federal law permits assisted death and abortion but specifies doctors have the right to freedom of conscience and the right not to perform or assist in providing the procedures. Ontario is the only province requiring referral directly to another individual physician if the treating physician has a religious or moral objection to providing the specified service. Ontario physicians had appealed a lower court ruling upholding the referral requirement. The Ontario Court of Appeals found that the physician referral mechanism struck the appropriate balance between a physician’s right to freedom of religion and a patient’s right to medical services.

In April a British Colombia (B.C.) court retried James Oler, a member of the FLDS Church, on charges that he unlawfully removed his underage daughter from Canada in 2004 to marry her to a 24-year-old U.S. citizen in Nevada. The court found Oler guilty after retrial, and in August sentenced him to 12 months in prison. A trial judge had acquitted Oler of the same charges following a trial in 2017 based on what the B.C Court of Appeal deemed to be the trial court’s erroneous interpretation of the required elements of the offense. The B.C. Court of Appeal overturned the acquittal in 2018 and ordered a new trial after the government appealed.

In February a federal trial court, which sits below the Supreme Court, stayed on procedural grounds seven of eight cases brought in 2018 by religious and other organizations seeking to reverse the denial of their federal grant applications. The federal government denied their applications over issues regarding an attestation the federal government imposed as a condition of receiving funding for the Canada Summer Jobs Program that year. For the first time, organizations were required to attest that their core mandate and the job for which they planned to use the federal funds respected the Canadian Charter of Rights and Freedoms, as well as other rights and associated case law. The plaintiffs stated the attestation infringed on their rights to freedom of religion and of expression. The attestation included language that such rights “include reproductive rights, and the right to be free from discrimination on the basis of sex, religion, race, national or ethnic origin, color, mental or physical disability, sexual orientation, or gender identity or expression.” The court stayed seven of the cases until the first case, filed by Toronto and Area Right to Life (TRTL), is heard, based on a finding that there was “substantial overlap” of the legal issues involved in the eight cases.

In late 2018, the federal government made changes to the 2019 summer jobs application’s attestation, with new language focusing on activities for which the funds could not be used, rather than on the values of any given organization. According to media reports, TRTL filed a second lawsuit after it was also denied a grant in 2019. The cases were pending at year’s end.

In March the Saskatchewan Court of Appeal heard the appeal of a 2017 lower court ruling in a decade-long case concerning whether the province could fund non-Catholic students to attend Catholic schools. In 2017, the lower court had ruled that providing public funding for non-Catholic students to attend Catholic schools discriminated against secular schools and those of other religious groups in favor of Catholic education; it ordered the province to stop funding those students by the end of June 2018. The court had also ordered the government of Saskatchewan and the provincial Catholic School Boards Association to pay 960,000 Canadian dollars (C$) ($738,000) toward the opposing public school board’s legal costs. The Court of Appeal stayed the imposition of the funding order pending resolution of the appeal. At year’s end, the appeal remained pending.

On January 27, Prime Minister Justin Trudeau issued a statement for International Holocaust Memorial Day, stating that Canada must also acknowledge its “own history of anti-Semitism, and its devastating results.” He pledged to “stand guard and speak out against anti-Semitism in our communities, to embrace our differences, and to find strength in our diversity.” On May 1, the prime minister issued a statement for Holocaust Memorial Day in which he said anti-Semitism was on the rise and stating, “We will not be silent in the face of oppression, or indifferent in the face of hate. We will always speak out against anti-Semitism, discrimination, and hatred in all its forms, and together, we will counter them.”

On May 7, Prime Minister Trudeau attended the National Holocaust Remembrance Day Ceremony and delivered remarks in which he noted that “once again, people filled with hate are emerging from the shadows. Hateful words and speeches are spreading on social media and spreading across our daily lives.” He also stated, “The lessons of the Holocaust are at risk of being forgotten if we stand idly by, if we remain silent in the face of these events,” and that “it is our solemn duty as politicians, as leaders, as human beings, to stand united with one voice, and to say without equivocation, that anti-Semitic hatred has no place in Canada, or anywhere else.”

In June the government announced a new anti-racism strategy for 2019-2022 with the stated objective of combating systemic racism and discrimination of all kinds, including discrimination based on religion. The strategy also envisaged providing funding to empower religious minorities and others with expertise in addressing various forms of racism and discrimination and changing attitudes by increasing awareness of the historical roots of racism and discrimination. As part of that strategy, the country adopted the IHRA definition of anti-Semitism.

Legal Framework

The constitution defines the country as a secular republic and states it “shall ensure the equality of all citizens before the law,” regardless of religion, and shall respect all beliefs. The law provides for the separation of religion and state and guarantees the free exercise of religious worship except to maintain public order.

The law, as well as international and European covenants to which the country adheres, protects the freedom of individuals to choose, change, and practice their religion. Interference with freedom of religion is subject to criminal penalties, including a fine of 1,500 euros ($1,700) and imprisonment of one month. Individuals who are defendants in a trial may challenge the constitutionality of any law they say impedes their freedom of religion.

Laws increase the penalties for acts of violence or defamation when they are committed because of the victim’s actual or perceived membership or nonmembership in a given religious group. Additional penalties beyond those for the underlying crime for acts of violence that courts determine are religiously motivated are three to five years’ imprisonment and fines of 45,000 to 75,000 euros ($50,600-$84,300), depending on the severity of the victims’ injuries. For religiously motivated acts of public defamation, defined as an allegation of fact that affects the honor of a person or body, the penalties are one year’s imprisonment and/or a fine of 45,000 euros ($50,600). The government may expel noncitizens for inciting discrimination, hatred, or violence against a specific person or group of persons based on religion.

Although the law does not require it, religious groups may apply for official recognition and tax-exempt status. Religious groups may register under two categories: associations of worship, which are exempt from taxes; and cultural associations, which normally are not exempt. Associations in either category are subject to fiscal oversight by the state. An association of worship may organize only religious activities. Although not tax-exempt, a cultural association may engage in for-profit as well as nonprofit activity and receive government subsidies for its cultural and educational operations. Religious groups normally register under both of these categories. For example, Catholics perform religious activities through their associations of worship and operate schools through their cultural associations.

Religious groups must apply at the local prefecture (the administrative body representing the central government in each department) for recognition as an association of worship and tax-exempt status. In order to qualify as an association of worship, the group’s sole purpose must be the practice of religion, which may include liturgical services and practices, religious training, and the construction of buildings serving the religious group. The association must also engage in public worship and respect public order. Among excluded activities are those that are purely cultural, social, or humanitarian in nature. To apply for this tax-exempt status, the association must provide to the prefecture its estimated budget for the year, annual accounts for the previous three years or since the association’s creation, whichever is shorter, a written justification of eligibility for the status, and the number of members of the association. In Paris, the association must have a minimum of 25 members. Once granted, the association may use the tax-exempt status nationwide. The government does not tax associations of worship on donations they receive. If the prefecture determines an association is not in conformity with its tax-exempt status, however, the government may change that status and require the association to pay taxes at a rate of 60 percent on past, as well as future, donations until it regains tax-exempt status. According to the Ministry of Interior (MOI), 109 Protestant, 100 Catholic, 50 Jehovah’s Witness, 30 Muslim, and 15 Jewish associations have tax-exempt status. The number of cultural associations, many of which are not associated with religious groups, is in the thousands and changes frequently. Cultural associations may be declared using an online form through the government’s public administration website. Cultural associations, even if associated with religious groups, may operate without applying for government recognition.

The law states, “Detained persons have the right to freedom of opinion, conscience, and religion. They may practice the religion of their choice…without other limits than those imposed by the security needs and good order of the institution.”

Counterterrorism legislation grants prefects in each department the authority to close a place of worship for a maximum of six months if they find comments, writings, or activities in the place of worship “provoke violence, hatred or discrimination or the commission of acts of terrorism or praise such acts of terrorism.” The management of the place of worship has 48 hours to appeal the closure decision to an administrative court. Noncompliance with a closure decision carries a six-month prison sentence and a fine of 7,500 euros ($8,400). The core provisions of the legislation will expire at the end of 2020 unless renewed by parliament.

The law prohibits covering one’s face in public places, including public transportation, government buildings, and other public spaces, such as restaurants and movie theaters. If police encounter a person in a public space wearing a face covering such as a mask or burqa, they are legally required to ask the individual to remove it to verify the individual’s identity. According to the law, police officials may not remove it themselves. If an individual refuses to remove the garment, police may take the person to the local police station to verify his or her identity. Police may not question or hold an individual for more than four hours. Refusing a police instruction to remove a face-covering garment carries a maximum fine of 150 euros ($170) or attendance at a citizenship course. Individuals who coerce another person to cover his or her face on account of gender by threat, violence, force, or abuse of power or authority are subject to a fine of up to 30,000 euros ($33,700) and may receive a sentence of up to one year in prison. The fine and sentence are doubled if the person coerced is a minor.

The law prohibits agents of the administration, public services, and companies or associations carrying out public services from demonstrating their religion through visible signs of religious affiliation, such as the Muslim headscarf, Jewish skullcap, Sikh turban, or Christian cross. The prohibition applies during working hours and at the place of employment.

By law, the government may not directly finance religious groups to build new places of worship. The government may, however, provide loan guarantees or lease property to groups at advantageous rates. The law also exempts places of worship from property taxes. The state owns and is responsible for the upkeep of most places of worship, primarily Catholic, built before 1905. The government may fund cultural associations with a religious connection.

The law separating religion and state does not apply in three classes of territories. Because Alsace-Lorraine (currently comprising the departments of Haut-Rhin, Bas-Rhin, and la Moselle and known as Alsace-Moselle) was part of Germany when the law was enacted, Catholics, Lutherans, Calvinists, and Jews there may choose to allocate a portion of their income tax to their religious group. Pastors, priests, and rabbis of these four recognized faiths in Alsace-Moselle receive a salary from the interior ministry, and the country’s president, with the agreement of the Holy See, appoints the Catholic bishops of Metz and Strasbourg. The prime minister appoints the chief rabbi and the presidents of the Jewish and Protestant consistories in Alsace-Moselle, and the interior minister appoints ministers of the three Christian churches in the region. Local governments in the region may also provide financial support for constructing religious buildings. The overseas department of French Guiana, which is governed under 19th century colonial laws, may provide subsidies to the Catholic Church. Other overseas departments and overseas territories, which include island territories in the Caribbean and the Atlantic, Pacific, and Indian Oceans, and several sub-Antarctic islands, may also provide funding for religious groups. This provision also applies to the portion of Antarctica the government claims as an overseas territory.

Public schools are secular. The law prohibits public school employees from wearing visible signs of religious affiliation and students from wearing “conspicuous religious symbols,” including the Muslim headscarf, Jewish skullcap, Sikh turban, and large Christian crosses. Public schools do not provide religious instruction except in Alsace-Moselle and overseas departments and territories. In Alsace-Moselle, religious education regarding one of the four recognized faiths is compulsory in public primary and secondary schools, although students may opt for a secular equivalent with a written request from their parents. Religious education classes are taught by laypersons who are trained and nominated by the respective religious groups but are paid by the state. Elsewhere in the country, public schools teach information about religious groups as part of the history curriculum. Parents who wish their children to wear conspicuous religious symbols or to receive religious instruction may homeschool or send their children to a private school. Homeschooling and private schools must conform to the educational standards established for public schools.

By law, the government subsidizes private schools, including those affiliated with religious organizations. In 98 percent of private schools, in accordance with the law, the government pays the teachers’ salaries, provided the school accepts all children regardless of their religious affiliation. The law does not address the issue of religious instruction in government-subsidized private schools or whether students must be allowed to opt out of such instruction.

Missionaries from countries not exempt from entry visa requirements must obtain a three-month tourist visa before traveling to the country. All missionaries from non-exempt countries wishing to remain longer than 90 days must obtain long-duration visas before entering the country. Upon arrival, missionaries must provide a letter from their sponsoring religious group to apply to the local prefecture for a temporary residence card.

The law criminalizes the Boycott, Divestment, and Sanctions (BDS) movement against Israel, treating it as “a provocation to discrimination or hatred or violence towards a person or a group of persons because of their origin or belonging to an ethnic group, a nation, a race, or a determined religion.”

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

Government Practices

On November 28, at a conference of the country’s prefects, Interior Minister Castaner announced the nationwide expansion of an initial program authorities had implemented since February 2018 to counter “Islamism and communitarianism,” the latter term referencing, according to the Observatory for Secularism, a trend for community withdrawal and separation from the rest of society, up to and including enforcement of rules specific to that community. The initial project targeted 15 communities “particularly touched by the phenomenon of political Islam,” according to Secretary of State to the Minister of the Interior Laurent Nunez in a November 15 interview. In these communities, the MOI had conducted 1,030 inspections of establishments open to the public, including pubs, cafes, and liquor stores; cultural and sports establishments; private schools; and places of worship. As a result of the inspections, during that period the MOI closed 133 drinking establishments, 13 places of worship, four schools, and nine cultural establishments because, according to Nunez in his interview, those establishments employed a “communitarian” or “political Islam” discourse that put “the laws of God before the laws of the Republic.” The government did not identify the specific sites it closed under the initial program.

The prefect of Isere, who is subordinate to the minister of interior, closed the Al-Kawthar Mosque in Grenoble for six months starting February 7. The MOI stated it closed the mosque because it posted videos on its YouTube channel that incited hatred and violence towards Christians and Jews; its imam’s sermons justified armed jihad; and the mosque was frequented by known extremists. There were no reports the mosque reopened after the six-month period. The government said it closed one other mosque and monitored 63 mosques during the year but did not identify them or provide other details. On June 13, the association Action Muslim Rights (ADM) released a report criticizing the MOI’s closures of mosques. ADM stated that while the mosques were shut down, the government did not investigate them for terrorist ties. According to the report, none of the mosques had reopened, although the law limits the closures to a period not to exceed six months.

Between January 1 and July 18, the interior ministry expelled 44 foreigners it considered radicalized, a new record, Le Point magazine reported. While the article did not cite 2018 deportations, it reported that in 2017 the country deported a total of 20 radicalized foreigners. (A 2018 report the country had expelled 300 radical imams since 2017 was incorrect.)

On October 8, as President Macron paid tribute to four victims of an insider knife attack at the Paris police headquarters, he stated the country must develop a “society of vigilance” in which citizens look out for signs of individuals being influenced by Islamist extremist networks in the fight against the “hydra” of Islamist militancy. The attacker, a police employee who had converted to Islam, had contacts with individuals believed to be linked to an Islamist Salafist movement, according to prosecutors, who also said they believed the attacker harbored work-related grievances linked to his disabilities.

In response to the same knife attack, Interior Minister Castaner spoke before the National Assembly October 8 and articulated several signs that might indicate a person’s radicalization through changes in behavior, including “rigorous religious practice, particularly exacerbated during the period of Ramadan,” “wearing a beard,” whether or not he greets a woman with a traditional kiss on the cheek, if the person “has a regular and ostentatious practice of ritual prayer,” and the presence of hyperpigmentation on the forehead, widely interpreted as a reference to the zabiba, a mark often resulting from repeated contact of the forehead with a prayer rug.

The government maintained the deployment of security forces throughout the country to protect sensitive sites, including vulnerable Catholic, Jewish, and Muslim sites and other places of worship, and increased their number from 7,000 to 10,000. After the March terrorist attacks against mosques in New Zealand, the MOI increased patrols around religious sites.

At year’s end, the Paris Appeals Court had not issued a ruling in the case of Lebanese-Canadian academic Hassan Diab, who was charged with bombing a synagogue in Paris during Sabbath prayers in 1980, killing four and injuring 40. In 2018 investigating magistrates dismissed the court case against Diab and ordered his release. Prosecutors appealed the case’s dismissal, and the Paris Appeals Court requested additional expert testimony before ruling. Upon his release in 2018, Diab returned to Canada where he remained at year’s end.

In June police fined a group of Muslim women 35 euros ($39) each for bathing in burkinis at a municipal swimming pool in Grenoble in protest of local regulations banning the garment. Women from the same association reported the Citizen Alliance of Grenoble had carried out a similar protest “Operation Burkini” in May, which they called an “act of civil disobedience.” One of the women told the BBC they were being deprived of their civil rights and that “We must fight against discriminatory policies and prejudice in France….” Prime Minister Edouard Philippe expressed support for the mayor of Grenoble and the regulations, saying, “No citizen can be released from the respect of the law or the common regulation on the basis of his religious convictions.” Marlene Schiappa, Junior Minister of State for Gender Equality and the Fight against Discrimination, said, “There is a political message” behind the burkini, which is: “cover up.” She added, however, “Women, whatever their religion or their way of life, must be able to access municipal swimming pools.” In 2016 the Council of State, the country’s highest court on administrative matters, overturned several burkini bans on the basis that local authorities could only restrict individual liberties if there was a “proven risk” to public order. The court ruling did not overturn other anti-burkini regulations nor did it make them illegal; other anti-burkini regulations thus remained in force unless mayors or prefectures suspended them. The ruling did, however, set a legal precedent upon which persons could contest those regulations.

Jehovah’s Witnesses officials reported three cases in which authorities had interfered with proselytizing during the year. They did not provide additional details on the incidents.

According to the Ministry of Justice, as of August 2017, the latest year for which statistics were available, the penitentiary system employed the following number of chaplains: 695 Catholic, 347 Protestant, 224 Muslim, 76 Jewish, 54 Orthodox Christian, 170 Jehovah’s Witness, and 19 Buddhist. In detainee visiting areas, visitors could bring religious objects to an inmate or speak with the prisoner about religious issues but could not pray. Prisoners could pray in their cells individually, with a chaplain in designated prayer rooms, or, in some institutions, in special apartments where they could receive family for up to 48 hours.

At year’s end, the government did not respond to the UN Human Rights Committee (UNHRC) following the latter’s October 2018 finding that French authorities violated the human rights of two women by fining them for wearing niqabs in two separate cases in 2012. The UNHRC gave the government a deadline of 180 days to report to it action taken to respond to the violation and prevent other such violations. According to a statement the government issued on the same day as the UNHRC ruling, the law prohibiting concealment of the face in public spaces was legitimate and did not infringe upon freedom of religion. The government added it would convey its views to the UNHRC in a follow-on report.

During an October 11 meeting of the Burgundy-Franche-Comte Regional Assembly in the central-eastern part of the country, Julien Odoul, an elected official representing the National Rally (RN) Party, told a woman who was accompanying her son on a school outing to the legislature to remove her hijab or leave. The law does not prohibit women from wearing hijabs while attending an assembly session. In response, Junior Minister Schiappa said that “it is by publicly humiliating mothers in front of their children that we create divisions” in society. Education Minister Jean-Michel Blanquer, however, said, “The law does not prohibit veiled women from accompanying children, but we do not wish to encourage the phenomenon,” which is “not in agreement with our values.” Economy and Finance Minister Bruno Le Maire stated the veil “is legal, but not necessarily desirable.” The woman filed one legal complaint against Odoul with the Dijon public prosecutor’s office for violence of a racial nature by persons of authority, and a separate legal complaint with the Paris prosecutor’s office for “incitement of racial hatred by elected officials.” The complaints were pending at year’s end.

In April the Ministry of Culture created a five-person Mission for Research and Restitution of Spoliated Cultural Property in April to seek out the rightful owners or heirs of artworks, including those in museums and galleries, stolen or sold under duress during the country’s occupation. In the spring the government transferred authority for final decisions on art restitution claims from the Ministry of Culture to the Commission for the Compensation for Victims of Spoliation, a separate administrative body reporting directly to the prime minister, in order to address criticism that museum officials would be reluctant to hand over valuable artwork. On April 1, Foreign Minister Jean-Yves Le Drian attended a ceremony returning artwork to its pre-WWII owners at the French consulate in New York.

The government continued to implement a 2018-2020 national plan to combat racism and anti-Semitism in the country, with a strong focus on countering online hate content. As part of the plan, Prime Minister Philippe awarded the first annual national anti-racism prize, named for Ilan Halimi, a young Jewish man tortured and killed in 2006. In October DILCRAH dedicated 2.3 million euros ($2.58 million) and announced a call for local projects addressing education, prevention, training, and aid for victims of racism and anti-Semitism. The government also continued with an initiative for European Union legislation to require faster removal of illegal content online; created a national reaction team to improve education countering racist and anti-Semitic behavior; funded two thesis grants annually to finance work on racism and anti-Semitism; and established an online precomplaint system for victims of discrimination or racist or anti-Semitic acts.

Prime Minister Philippe advocated for a bill requiring websites to remove “obviously hateful” content, specifically racist or anti-Semitic content, within 24 hours. Deputy Laetitia Avia introduced the draft bill at the direction of Prime Minister Philippe and as part of the 2018-2020 national plan to combat racism and anti-Semitism. The National Assembly passed the bill in July, but the senate did not vote on it by year’s end. Among other critiques on freedom of expression grounds, the European Commission published a letter November 22 raising concerns about the bill’s impact on freedom of expression and its potential conflict with European Union free speech directives. Facebook and others questioned the 24-hour window to remove content, citing the legal analysis needed to evaluate posts.

On April 2, Minister of Justice Nicole Belloubet introduced a circular, which she said was part of the effort to combat anti-Semitism, urging prosecutors to use simplified, faster procedures (such as civil referrals to block access to “hate sites”) and criminal orders (trial without a hearing) to prosecute and convict authors of “racist, anti-Semitic, and homophobic” writings.

In a September 12 speech before the Representative Council of Jewish Institutions in France (CRIF) in Bordeaux, Interior Minister Castaner detailed several government measures to fight what he called “the poison of anti-Semitism,” including enhanced surveillance of 800 places of worship, the dissolution by decree of the Council of Ministers of several neo-Nazi groups, including Bastion Social and six affiliated associations, Combat 18, and Blood and Honor Hexagon, and an increase in the government contribution for the Shoah Memorial. He repeated President Macron’s February statement that the National Assembly would take up a proposal to adopt the IHRA definition of anti-Semitism, and said, “Anti-Zionism often has nothing to do with criticism of the foreign policy of the State of Israel; it is too often aimed at people of Jewish faith. It has become a disguised anti-Semitism.”

On July 10, the Observatory for Secularism, a body composed of 15 senior civil servants, parliamentarians, legal experts, and intellectuals who advise the government on the implementation of the “principle of secularism,” released its sixth annual report evaluating secularism in schools, public spaces, and hospitals. According to the report, the subject of secularism remained a sensitive one, although “direct attacks on secularism” appeared better contained, for the third year in a row. The report credited a proliferation of training on secularism and treatment of religious subjects, as well as improved targeting of implementing partners for the training. Since 2013, the Observatory for Secularism said it had directly or indirectly contributed to training more than 250,000 persons to respond to questions of secularism in the workplace.

On April 14, a fire broke out at the Catholic Notre Dame Cathedral in Paris, destroying the roof and spire and causing extensive damage to the windows and vaulted ceilings. President Macron, Prime Minister Philippe, and Secretary of State to the Minister of the Interior Nunez visited the cathedral, which is government-owned, while the fire still burned. Paris prosecutor Remy Heitz said in a statement June 26 that a preliminary investigation found no signs the blaze was started deliberately, and that it was likely due to negligence. Macron vowed in a televised address on April 16 that the country would rebuild the cathedral in five years.

Interior Minister Castaner did not attend the iftar hosted by the French Council of the Muslim Faith (CFCM), but attended an iftar in Strasbourg hosted by the Alsace Regional Council of Muslim Faith (Alsace CRCM) on May 29. At that event, Castaner, whose ministry oversees government relations with religious communities, expressed his disappointment with CFCM for its “reluctant” approach to implementing reforms. He praised the Alsace CRCM, however, as a “laboratory of ideas for the future of Islam in France.” He lauded the “peaceful and constructive approach” of the Alsace CRCM, specifically its work on prevention of radicalization, creation of a council of imams and religious leaders, and interreligious dialogue. Attendees at the event included regional Muslim community leaders, interfaith leaders, other government officials, and the mayor of Strasbourg.

Interior Minister Castaner continued a nationwide consultation process with the Muslim community to reform the structure and the funding of Islam in the country. In his New Year’s address to CFCM at the Grand Mosque of Paris on January 23, he called for “powerful representatives” of Islam in the country, and stated, referencing the recurring “Yellow Vest” cost of living protests in the country, that he counted on Muslim leaders “to influence public debates including on nonreligious issues such as the protests”. “Islam,” he said, “like every organized religion, has its place in France. There is no incompatibility between praying to Allah and loving the Republic.” In December prefects in each department held a second round of listening sessions with local representatives from the Muslim community on issues related to institutional representation, financing of Islamic places of worship, and training of imams.

On October 28, President Macron met with Muslim leaders of the CFCM and called on them to fight Islamism and “communitarianism,” which he called a form of “separatism” in the country. He urged the CFCM to adopt clear position on issues including public wearing of the veil, women’s roles, and education in the Muslim community.

On August 29, President Macron met with the newly elected President of the Conference of Catholic Bishops of France, Archbishop Eric de Moulins-Beaufort, to discuss reconstruction of Notre Dame Cathedral, migration, relations between religions and the state, and proposed legislation on access to medically-assisted reproduction treatments. Archbishop Moulins-Beaufort expressed his concern about the proposed legislation, but said it was not the role of the bishops to prescribe political actions to Catholics. In September the archbishop stated those who were concerned about the law should protest it, but did not call on Catholics to do so. At year’s end, the national assembly passed the legislation, but the senate did not vote on it.

On September 19, Interior Minister Castaner attended the inauguration of the French Institute of Muslim Civilization (IFCM), a new national Islamic cultural center in Lyon. At the opening ceremony, Castaner spoke out against anti-Semitism, anti-Muslim sentiment, and all types of hate, and called the organization an essential initiative to fight prejudice and make Islam better understood in the country. Secretary General of the Muslim World League Mohammed al-Issa and Lyon Mayor Gerard Collomb also delivered remarks at the event. Collomb expressed his expectation that the IFCM would be “an instrument of peace.” The project was funded by one million-euro ($1.12 million) grants each from the central government, the city of Lyon, and the greater metropolitan region of Lyon, in addition to 1.5 million euros ($1.69 million) from the Muslim World League.

On January 9, Interior Minister Castaner, Justice Minister Belloubet, then-government spokesperson Benjamin Griveaux, and Junior Minister for the Disabled Sophie Cluzel attended a CRIF-organized memorial ceremony outside a Paris kosher supermarket, where four years earlier a gunman had killed four Jews and held 15 other persons hostage.

On February 20, President Macron delivered a televised speech at the annual CRIF dinner. Among the guests in attendance – who all wore badges reading “All united against Anti-Semitism” – were First Lady Brigitte Macron, former president Francois Hollande, former prime ministers Manuel Valls and Bernard Cazeneuve, 10 current cabinet members, the U.S. Ambassador, and the Israeli Ambassador. Macron stated anti-Semitism had grown and reached its worst level since World War II in the country and Europe and had gotten “worse in recent weeks.” He said he was drawing “new red lines” in the fight against hatred of Jews and announced a package of measures – some previously announced, some new – to combat the rise of anti-Semitism. Among these were that the country would define “anti-Zionism as a modern-day form of anti-Semitism,” putting it in line with the IHRA definition of anti-Semitism. The government adopted the IHRA definition based on this direction, and the National Assembly passed a nonbinding resolution adopting the definition on December 3. Macron also announced the Ministry of Education would investigate the phenomenon of parents pulling their Jewish children out of public school over fears of anti-Semitism, and the government would dissolve several far-right extremist groups.

In response to a May 13 written request from Parliamentarian Meyer Habib of the Union of Democrats and Independents Party, Interior Minister Castaner declined to prohibit regular protests in favor of BDS in Paris. The minister cited as justification the right of assembly and protest enshrined in the constitution and the European Convention on Human Rights.

Before the July 25 Europa League match between Strasbourg Racing and Haifa Maccabi (professional soccer teams from France and Israel, respectively), the local police subprefecture announced a ban on any display that could serve to identify someone as a supporter of Haifa Maccabi in key areas of Strasbourg – including in all areas in and around the stadium. The ban included not only team logos, clothing, and paraphernalia, but any “national flag” associated with the team, widely accepted as a reference to the Israeli flag. The police notice specifically stated the risk for violence, referencing that contact had been established between “violent supporters of both teams, some of whom are politicized or identified as being at the origin of manifestations of anti-Semitism.” The notice, which stated identifying as a Haifa supporter “implicated risk” to that person, was followed by an outcry on social media in both France and Israel. Critics said the ban limited freedom of expression of the potential victims of anti-Semitism rather than demanding and enforcing law-abiding behavior from all fans. Following outreach to the interior ministry by leaders of the Jewish community and to the Ministry of Foreign Affairs by the Israeli Embassy in Paris, the subprefecture issued a new notice on July 25 – just before the match – rescinding the rules.

On July 21, Minister of the Armed Forces Florence Parly held a ceremony in Paris honoring the victims of the 1942 Velodrome d’Hiver roundup in which 13,000 Jews, including 4,000 children, were deported to extermination camps. “France betrayed its own children,” Parly said in her statements, adding, “The roundup … was the work of the French government, accomplished by the French.” She also promised to take up the late 19th century Dreyfus Affair, where authorities wrongly convicted Jewish army officer Alfred Dreyfus of treason before eventually pardoning and reinstating him in the army. Parly said it was time to posthumously recognize the honor and years taken from Dreyfus and said she would take up the case “personally.”

President Macron and government ministers condemned anti-Semitism and declared support for Holocaust education on several occasions, including a February 19 visit to the Shoah Memorial, the same day thousands marched in Paris and elsewhere in protest of anti-Semitic acts; the February 20 annual CRIF dinner; the March 19 commemoration of the seventh anniversary of the killings of three Jewish children and their teacher by Mohammed Merah in Toulouse; the April 30 Holocaust Remembrance Day commemoration; and the June 1 Judaism Day observance. On October 29, President Macron, along with several government officials, attended the inauguration of the European Center of Judaism in Paris. “Judaism has played a key role across the continent to build all that is thought and all that is European civilization, to fundamentally forge who we are,” said President Macron in his speech.

As part of an established exchange program, the government continued to host the visit of 30 Moroccan, 120 Algerian, and 151 Turkish imams to promote religious tolerance and combat violent extremism within Muslim communities. The imams’ countries of origin paid their salaries. During Ramadan, when there was an increased number of worshippers, between 250 and 300 imams came to the country temporarily, including 164 from Morocco.

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

Legal Framework

The constitution prohibits discrimination based on religious opinion and provides for freedom of faith and conscience, freedom to profess a religious or philosophical creed, and freedom to practice one’s religion. It also prohibits an official state church. It stipulates no one shall be required to disclose his or her religious convictions, nor be compelled to participate in religious acts. The constitution states religious instruction shall be part of the curriculum in public schools, and parents have the right to decide whether their children receive religious instruction. It recognizes the right to establish private denominational schools. The constitution guarantees the freedom to form religious societies and permits groups to organize themselves for private religious purposes without constraint. It allows registered religious groups with Public Law Corporation (PLC) status to receive public subsidies from the states and to provide religious services in the military, at hospitals, and in prisons.

The federal criminal code prohibits calling for violence, inciting hatred or taking arbitrary measures against religious groups or their members. Violations are punishable by up to five years in prison. It also prohibits “assaulting the human dignity of religious groups or their members by insulting, maliciously maligning, or defaming them,” specifying a maximum penalty of five years in prison, although prison sentences are rare. The prohibition and penalties apply equally to online speech. The federal criminal code prohibits disturbing religious services or acts of worship, with violators subject to a fine or imprisonment for up to three years. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred, specifying a penalty of up to five years’ imprisonment.

By law, social media companies with more than two million registered users in the country must implement procedures to review complaints and remove or block access to illegal speech within seven days of receiving a complaint and within 24 hours for cases considered “manifestly unlawful.” Noncompliance may result in fines of up to 50 million euros ($56.2 million). Unlawful content includes actions illegal under existing criminal code, such as defamation of religions and denial of historic atrocities.

The law permits the federal government to characterize “nontraditional” religious groups – such as the Church of Scientology – as “sects,” “youth religions,” and “youth sects,” and allows the government to provide “accurate information” or warnings about them to the public. The law does not permit the government to use terms, such as “destructive,” “pseudo-religious,” or “manipulative” when referring to these groups. Several court decisions have ruled the government must remain neutral toward a religion and may provide a warning to the public only if an “offer” by a religious group would endanger the basic rights of an individual or place the individual in a state of physical or financial dependence.

Religious groups wishing to qualify as nonprofit associations with tax-exempt status must register. State-level authorities review registration submissions and routinely grant tax-exempt status; if challenged, their decisions are subject to judicial review. Those applying for tax-exempt status must provide evidence they are a religious group through their statutes, history, and activities.

A special partnership exists between the states and religious groups with PLC status, as outlined in the constitution. Any religious group may request PLC status, which, if granted, entitles the group to levy tithes (8 percent of income tax in Bavaria and Baden-Wuerttemberg, 9 percent in the other states) on members, who must register their religious affiliation with federal tax authorities. Each state collects the tithes on behalf of the religious community through the state’s tax collection process, separately from and in addition to income taxes. PLCs pay fees to the government for the tithing service, but not all groups with PLC status utilize the service. PLC status also allows for benefits, including tax exemptions (larger than those given to groups with nonprofit status), representation on supervisory boards of public television and radio stations, and the right to special labor regulations. State governments subsidize institutions with PLC status, which provide public services, such as religious schools and hospitals. Additionally, due to historic “state-church contracts” dating back to pre-1919 Germany, all state governments except for Bremen and Hamburg subsidize the Catholic Church and the EKD with different yearly amounts.

According to the constitution, the decision to grant PLC status is made at the state level. Individual states base PLC status decisions on a number of varying qualifications, including an assurance of the group’s permanence, size, and respect for the constitutional order and fundamental rights of individuals. An estimated 180 religious groups have PLC status, including Catholics, the EKD, Baha’is, Baptists, Christian Scientists, Jehovah’s Witnesses, Jews, Mennonites, Methodists, the Church of Jesus Christ, the Salvation Army, and Seventh-day Adventists. Ahmadi Muslim groups have PLC status in the states of Hesse and Hamburg; no other Muslim communities have PLC status. The COS does not have PLC or nonprofit status in any state.

Federal animal protection laws prohibit the killing of animals without anesthesia, including as part of halal and kosher slaughter practices. Pursuant to a Federal Administrative Court decision, however, trained personnel may kill animals without anesthesia in a registered slaughterhouse under observation of the local veterinary inspection office if the meat is for consumption only by members of religious communities whose beliefs require slaughtering animals without anesthesia.

According to a ruling by the Federal Constitutional Court, general headscarf bans for teachers at public schools are a violation of religious freedom, but implementation is left to the states, which may determine if special circumstances apply. Bavaria, North-Rhine Westphalia (NRW), and Saarland States render decisions on a case-by-case basis. Schleswig-Holstein, Hamburg, Bremen, and Lower Saxony do not prohibit headscarves for teachers. Hesse permits teachers to wear headscarves as long as doing so does not impair “school peace” or threaten perceptions of state neutrality. A law in Berlin bans visible signs of religious affiliation for police, lawyers, judges, law enforcement staff, and primary and secondary public school teachers. The Berlin law permits teachers at some categories of institutions, such as vocational schools, to wear headscarves. Other states have laws that restrict religious attire in certain circumstances.

Citing safety reasons and the need for traffic law enforcement, federal law prohibits the concealment of faces while driving, including by a niqab. Infractions are punishable by a 60 euro ($67) fine.

According to federal law, religious groups may appoint individuals with special training to carry out circumcision of males under the age of six months. After six months, the law states circumcisions must be performed in a “medically professional manner” and without unnecessary pain.

All states offer religious instruction and ethics courses in public schools. Religious communities with PLC status (or those without such status that have concluded a special agreement with the state granting them this right) appoint religion teachers and work with the states to ensure the curriculum is in line with the constitution; the states pay the teachers’ salaries. Most public schools offer the option of Protestant and Catholic religious instruction in cooperation with those Churches, as well as instruction in Judaism if enough students (usually 12, although regulations vary by state) express an interest. Bavaria, Baden-Wuerttemberg, Berlin, Hesse, Lower Saxony, NRW, Rhineland-Palatinate, Saarland, and Schleswig-Holstein States also offer some religious instruction in Islam. In most of the federal states, Muslim communities or associations provide this instruction, while in Bavaria and Schleswig-Holstein, the state does. In March the Bavarian cabinet decided to expand its program, which at the time reached 16,500 pupils at 350 schools. In Hamburg and Bremen, nondenominational religious instruction is offered for all students by the Protestant Church and the state, respectively.

Students who do not wish to participate in religious instruction may opt out; in some states, those who opt out may substitute ethics courses. State authorities generally permit religious groups to establish private schools as long as they meet basic curriculum requirements. Schooling is constitutionally mandated, and homeschooling, including for religious reasons, is prohibited in all states.

The government provides annual payments to Holocaust victims and their descendants, and regularly expands the scope of these programs to broaden the eligibility requirements.

Government Practices

In February Federal Commissioner for Jewish Life in Germany and the Fight Against Anti-Semitism Felix Klein launched a nationwide online platform for reporting anti-Semitic incidents, including those that do not rise to the level of a crime. The Research and Information Center for Anti-Semitism (RIAS), a nonprofit organization that receives some federal and state funding and that had already been managing a similar service in Berlin, is responsible for running the program.

In September, in response to several anti-Semitic attacks in Berlin, Klein called for harsher penalties for such attacks. He also recommended additional training for police and prosecutors to help them recognize and appropriately deal with anti-Semitic incidents. Klein criticized the police procedure of automatically classifying anti-Semitic incidents in which the perpetrator is unknown as right-wing extremism, a practice that resulted in 89 percent of anti-Semitic incidents being classified as right-wing. Klein said the country’s Jewish community experienced more open hostility from Muslims than from right-wing extremists.

In July the federal Interior Ministry announced the creation of a new advisory committee to combat anti-Semitism. The eight-member committee has the mandate to support Klein’s work by formulating strategies to identify fields of action against anti-Semitism and to increase the visibility of Jewish life in the country.

During the year, Berlin, Brandenburg, Thuringia, Saarland, Saxony, Mecklenburg-Western Pomerania, and Lower Saxony States established state-level anti-Semitism commissioners, bringing the total number of states with such commissioners to 13 (out of 16). The responsibilities and functions of the position vary by state but generally include developing contacts with the Jewish community, collecting statistics on anti-Semitic incidents, and designing education and prevention programs. Klein urged all states to establish anti-Semitism commissioners because the distribution of powers in the country’s federal system provides the states with greater authority to combat anti-Semitism.

All 16 state interior ministers and Federal Interior Minister Horst Seehofer presented a new plan in October to combat anti-Semitism and right-wing extremism that included a stricter weapons law, an obligation to report hate speech online, increased protection for Jewish institutions, fast-tracking anti-Semitism cases, and hundreds of new personnel positions for the federal criminal police (BKA) and the federal Office for the Protection of the Constitution (OPC – domestic intelligence agency) for such cases. Seehofer had previously advocated similar measures without success, but the attack in Halle provided new urgency and led to additional support for his plan.

On November 29 the Bundesrat (upper house of parliament) approved a motion to amend a section in the country’s penal code that includes anti-Semitism in the list of aggravating criteria, along with “racist, xenophobic, and inhumane motives,” for judges to consider in determining the severity of sentences. The previous day, Federal Justice Minister Christine Lambrecht separately said she would support such legislation. At year’s end, the Bundestag had not yet voted on the proposed change.

In May the federal parliament passed a nonbinding resolution designating the Boycott, Divestment, and Sanctions (BDS) movement against Israel as anti-Semitic. The resolution stated the government would not fund organizations that question Israel’s right to exist or actively support BDS. This resolution replaced the parliament’s January 2018 resolution to “counter” BDS.

In January Schleswig-Holstein established a new, independent “Statewide Office for Information on and Documentation of Anti-Semitism.” In March the Hesse Ministry of Education began a statewide anti-Semitism prevention project to organize workshops and training events for students and teachers. In April the Bavarian anti-Semitism commissioner established a registration office for anti-Semitic incidents, modeled after RIAS Berlin, and in November the Baden-Wuerttemberg anti-Semitism commissioner did the same.

In July Duesseldorf appointed a commissioner as part of a comprehensive plan to fight anti-Semitism, and the public prosecutor’s offices in Karlsruhe and Stuttgart added anti-Semitism officers. In July the Baden-Wuerttemberg State anti-Semitism commissioner published his first report to the state parliament, which warned of conspiracy theories targeting Jews, and detailed 87 anti-Semitic offenses in the first nine months of 2018, a 38 percent increase compared with 2017. In July the NRW State anti-Semitism commissioner presented a plan to establish a reporting office for anti-Semitic attacks. She also called for new educational programs to combat anti-Semitic attitudes and stereotypes.

According to the first annual report by Berlin Anti-Semitism Commissioner Claudia Vanoni, law enforcement authorities there initiated 386 proceedings with an anti-Semitic background during the year, 156 involving online cases. At year’s end, 169 of the overall cases were terminated because the perpetrators could not be identified, and 27 were concluded – most of which resulted in fines. Investigations in 49 cases were ongoing at the end of the year.

In May federal anti-Semitism commissioner Klein said – in response to what he stated was the rising number of anti-Semitic incidents in the county – he could “no longer recommend Jews wear a kippah at every time and place in Germany.” Many Jewish leaders in the community were supportive of Klein, but prominent politicians and national media responded negatively. Foreign Minister Heiko Maas said, “No one should ever have to hide their Jewish faith again – not in Germany nor anywhere else,” while government spokesperson Stefan Seibert said, “The state has to ensure the free exercise of religion is possible for everyone, and thus it’s the job of the state to ensure that anyone can move around securely with a kippah in any place in our country.” Klein then called on individuals everywhere in the country to wear a kippah in solidarity with Jews on June 1 during the annual anti-Israel al-Quds demonstration in Berlin.

The Alternative for Germany (AfD) party in the NRW State Parliament introduced a resolution in April 2018 to deny PLC status to the Ahmadiyya Muslim Jamaat community, which it asserted was working “towards the establishment of a theocratic order of rule.” Following a January hearing, all other parties in the state parliament rejected the motion in May, stating that only the State Chancellery had the authority to grant or reject PLC status. At the end of the year, the State Chancellery had yet to make a decision on the Ahmadiyya application, which was submitted in early 2018.

In April Rhineland-Palatinate signed a state agreement with the Muslim Alevite community outlining conditions for Alevi holidays and religious instruction in schools. Four Rhineland-Palatinate elementary schools offered Alevi religious instruction.

In June the Federal Labor Court ruled a physician employed in a Catholic hospital in Duesseldorf should not have been fired in 2009. He was dismissed because the hospital stated his remarriage without an annulment of a previous marriage was a violation of canon law. The press spokesman of the Archdiocese of Cologne said the country’s Catholic Church liberalized its labor law in 2015, and the dismissal would likely not take place today.

According to reports from the federal OPC and Scientology members, the federal and state OPCs in Baden-Wuerttemberg, Bavaria, Berlin, Bremen, Hamburg, Lower Saxony, NRW, and Thuringia continued to monitor the activities of the COS, reportedly by evaluating Scientology publications and members’ public activities to determine whether they violated the constitution. At least four major political parties – the Christian Democratic Union (CDU), Christian Social Union (CSU), Social Democratic Party (SPD), and Free Democratic Party (FDP) – continued to exclude Scientologists from party membership. “Sect filters,” signed statements by potential employees to confirm they had no contact with the COS, remained in use in the public and private sectors. The COS said the government also discriminated against firms owned or operated by its members.

In July the UN special rapporteurs on minority issues and freedom of religion or belief wrote the government to ask for its response to allegations of “continued use of discriminatory (sect filters) against Scientologists in government grants and employment.” In its response in September, the government cited a 1995 ruling by the Federal Labor Court that stated the COS did not qualify as a religious community under German law, COS goals were geared toward commercial activities, and the COS had “aspirations opposing the free democratic constitutional system,” making it ineligible for government grants and contracts. According to the government, the COS therefore was not eligible for religious protections and use of the sect filters was not a violation of human rights. Also in September, the COS asked the Organization for Security and Cooperation in Europe to “investigate” the practice of sect filters in the country and to “assist in promoting a real dialogue” between the COS and the government on the issue.

In May, responding to a parliamentary inquiry, the NRW State OPC disclosed it was monitoring 109 mosques for extremist activities. Based on the monitoring, authorities identified 156 individuals as “relevant persons” and 260 as “potentially dangerous.” Of these, 127 of the “relevant” and 110 of the “potentially dangerous” were considered capable of action because they were present in the country and not in detention.

Federal and state OPCs continued to monitor numerous Muslim groups, including the terrorist groups ISIS, Hezbollah, and Hamas, as well as groups such as Turkish Hezbollah (TH), Hizb ut-Tahrir, Tablighi Jama’at, Millatu Ibrahim, the Islamic Center Hamburg (IZH), the Muslim Brotherhood, Milli Gorus, and various Salafist movements. The director of NRW’s OPC stated in June that the Muslim Brotherhood was recruiting members among the refugee community and represented a “greater threat to democracy” than the Salafists.

Groups under OPC observation continued to say the OPC scrutiny implied they were extremist, and it constrained their ability to apply for publicly funded projects.

At a May 14 conference, entitled “European Network: Combating Anti-Semitism through Education,” hosted by the Ministry of Foreign Affairs, Foreign Minister Heiko Maas stated Germany would prioritize the fight against anti-Semitism when it assumes the rotating presidency of the Council of the European Union in 2020.

In June unknown perpetrators desecrated 50 copies of the Quran at Bremen’s Rama Mosque by throwing them into toilets. Bremen Mayor Carsten Sieling said the Bremen Senate was “thoroughly appalled” by the “disgusting crime,” and the Senate stood firmly with Bremen’s Muslim citizens. Local politicians attended Islamic Friday prayers to show their solidarity.

In September the Higher Administrative Court agreed to hear the city of Oer-Erkenschwick’s appeal of the 2018 decision by an Administrative Court in NRW State banning a local mosque’s outdoor amplification of the call to prayer. The case was still pending at the end of the year.

In March the Bavarian Constitutional Court upheld the state’s ban on judges and prosecutors wearing headscarves, kippahs, or crosses but found the display of crosses in courtrooms to be acceptable.

In June the Rhineland-Palatinate Superior Administrative Court overturned the city of Koblenz’s ban on burkinis, an all-encompassing swimsuit worn by some Muslim women. The court ruled the ban violated the constitution’s call for equal treatment of all persons. In July the Federal Administrative Court ruled Sikhs were not exempt from the requirement to wear a helmet while riding a motorcycle, even though helmets do not fit over their turbans.

In October the Higher Administration Court in Muenster denied state compensation to two headscarf-wearing Muslim teachers who claimed professional disadvantages because of their religious beliefs. The court determined it could not be demonstrated that the state refused to offer them employment due to religious reasons.

In March the EKD-sponsored charity Diakonie appealed to the Federal Constitutional Court to reverse a 2018 ruling by the Federal Labor Court that prevented Diakonie from denying employment to a social worker because she was not a member of a Christian church. The case was pending at the end of the year.

In January the European Court of Human Rights (ECHR) ruled German authorities at the local level did not violate a Christian family’s human rights when they placed the family’s children in foster care for three weeks in 2013. The family from Darmstadt had argued German authorities were in breach of Article 8 of the European Convention on Human Rights when they refused to allow them to homeschool their four children through a Christian distance-learning program. The ECHR ruled authorities were justified in removing the children from their home, and it was reasonable to assume the parents were endangering their children by not sending them to school because the children were isolated and had no contact with anyone outside the family.

In May Federal Minister for Migration, Refugees, and Integration Annette Widmann-Mauz called on the government to examine whether it could legally institute a ban on headscarves for children in schools. The president of the German Teachers’ Association supported a headscarf ban, calling them “hostile to integration.”

In January the state government of Baden-Wuerttemberg established a Sunni Muslim educational foundation to serve as a mediator between the state and various Islamic associations. This action followed the 2018 announcement that the Baden-Wuerttemberg State government planned to reorganize Islamic religious education in public schools. Two of the larger Muslim organizations – the Turkish-Islamic Union DITIB (connected to the Turkish government’s religious affairs ministry) and the Islamic Religious Community Baden-Wuerttemberg – refused to participate, saying they considered the arrangement unconstitutional.

In September an administrative court in Hesse State ruled state-run Islamic studies lessons in schools would be constitutional under national law. The case was in response to the state’s decision to phase out cooperation with DITIB because of its ties to the Turkish government and move to a purely state-run program.

Officials in Hesse continued to investigate a possible neo-Nazi network in Frankfurt’s police force, first discovered in December 2018. At year’s end, six police officers had been dismissed from duty as a result of the scandal. Overall, 38 officers were under investigation.

In September the Saarland State Education Ministry announced it would extend its cooperation with several Islamic associations that provide Islamic religious education in four public schools through at least 2023. The ministry also announced plans to expand the program to additional schools.

In February the Rhineland-Palatinate State youth welfare office revoked the operating license of the Al-Nur Kindergarten in Mainz – the state’s only Muslim day care center – due to its alleged promotion of Salafism and connections with extremist groups, citing the Muslim Brotherhood as an example. Al-Nur was told to cease operations by March 31, and that the city of Mainz would stop funding the facility. The Mainz Administrative Court upheld the decision, as did the Koblenz Higher Administrative Court on appeal.

In May Berlin Humboldt University, a public university, announced the initial cohort of students at its institute for Islamic theology would not be eligible to become religion teachers because the lack of Islamic religion classes at Berlin’s middle and high schools would prevent them from completing the internship required to become a teacher. These students, however, still could become imams or work in other religious capacities. The Islamic theology institute was established in the fall of 2018 to train future imams and religion teachers.

In April experts estimated NRW lacked more than 2,000 teachers for Islamic religious education. Only two universities in NRW offered courses to obtain the required teaching permit, and just 251 teachers in NRW had such a permit. There are more than 400,000 Muslim students in NRW, but only approximately 20,000 of them have received Islamic religious education.

In July the NRW state government opened a coordination office for Muslim engagement to reorganize its relations with a broad range of Muslim organizations and civil society groups. DITIB was included among the organizations, even though NRW previously ceased all cooperation with DITIB, stating it would reinstate relations only if DITIB took steps to reduce the Turkish government’s influence over its activities. At the end of the year, the state government had yet to resume any further cooperation with DITIB beyond the new coordination office.

In July the Conference on Jewish Material Claims against Germany (also known as the Jewish Claims Conference) and the government announced an increase of 44 million euros ($49.4 million) in government funding for social welfare services for Holocaust survivors, raising the yearly contribution from 480 million euros ($539.3 million) in 2019 to 524 million euros ($588.8 million) in 2020. For the first time, pension payments will be extended to Holocaust survivors’ widowed spouses, and these payments are to be applied retroactively.

The government continued to subsidize some Jewish groups. Based on an agreement between the federal government and the Central Council of Jews in Germany, the federal government contributed 13 million euros ($14.6 million) to help maintain Jewish cultural heritage and support integration and social work. In addition, the federal government provided financial support to the Institute for Jewish Studies in Heidelberg, the Rabbi Seminar at the University of Potsdam, and the Leo Baeck Institute, an international group researching the history and culture of German Jewry.

State governments continued to provide funds to Jewish communities and organizations in various amounts for such purposes as the renovation and construction of synagogues. The federal government continued to cover 50 percent of maintenance costs for Jewish cemeteries. State and local police units continued to provide security for synagogues and other Jewish institutions

According to the Humanistic Union, an independent civil liberties organization, total state government contributions during the year to the Catholic Church and the EKD totaled approximately 548.7 million euros ($616.5 million). The union said it calculated its estimate based on budgets of the 16 states.

In May the Wuppertal Regional Court fined seven men from 300 to 1,800 euros ($340-$2000) each for wearing yellow vests marked “Sharia Police” and patrolling the streets in 2014 to counter “non-Muslim” behavior. They were charged with wearing uniforms as expressions of a common political opinion. A regional court acquitted the men in 2016, but the Federal Constitutional Court reversed the acquittal in 2018. The defendants appealed to the Constitutional Court in June, and the case was pending at the end of the year.

In April media reported on a police cadet in NRW State who was fired because of his close contacts with Salafists and his extremist views. The police headquarters in Bielefeld refused to offer the Muslim man tenure as a police detective at the end of his three-year training.

The government continued the German Islam Conference dialogue with Muslims in the country, which began in 2006. The dialogue’s aim was to improve the religious and social participation of the Muslim population, give greater recognition to Muslims’ contributions to society, and – in the absence of a central organization representing all Muslims in the country – further develop partnerships between the government and Muslim organizations.

The states of Rhineland-Palatinate and Baden-Wuerttemberg held conferences for law enforcement officials in August and September, respectively, to discuss methods to better prevent and police anti-Semitism. The events were largely aimed at awareness-raising. In both states, more than 150 members of the security services, state and local governments, and the Jewish community gathered for the events.

In August media reported local authorities would not allow a Brazilian Pentecostal congregation to purchase the former Protestant church building it had been renting in Berlin since 2016 as the headquarters for the denomination’s branches in Germany and Austria. District Mayor Stephan von Dassel vowed to continue blocking the sale to the Universal Church of the Kingdom of God (UCKG), whose message he described as “People should donate a lot of money to the church, then their problems will just go away.” Von Dassel was also quoted in the media, stating, “The UCKG enriches neither our neighborhood nor its surroundings.” The most recent deed of sale specified the church could be resold only with the approval of city administrators.

In September the city of Dortmund and the national jury for the award rescinded the awarding of the Nelly Sachs Prize, one of the country’s most renowned literary prizes, to author Kamila Shamsie due to her membership in the BDS movement. Also in September, the Aachen Art Association announced it would rescind the prize it awarded to artist Walid Raad due to his support for the BDS movement, but it reversed that decision in October after determining he had not engaged in any anti-Semitic behavior. The mayor of Aachen responded to the reversal by withdrawing the city from the award ceremony and criticized Raad’s involvement in a “cultural boycott of Israel.”

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

Legal Framework

The constitution prohibits discrimination on religious grounds and provides for the freedom of individuals to profess their religion or belief, individually or in community with others, without affecting their responsibilities under the law. The constitution allows the government to restrict the exercise of religious beliefs outside of buildings or enclosed spaces to protect health, ensure traffic safety, and prevent disorder.

The law makes it a crime to engage in public speech that incites religious hatred and provides a penalty of imprisonment for up to two years, a fine of up to 8,100 euros ($9,100), or both. To qualify as hate speech, statements must be directed at a group of persons; the law does not consider statements targeted at a philosophy or religion, such as “Islam” (as opposed to “Muslims”) as criminal hate speech.

The law does not require religious groups to register with the government. If the tax authorities determine a group meets specific criteria, they grant it exemptions from all taxes, including income, value-added, and property taxes. Under the tax law, to qualify for tax exemptions such groups must be “of a philosophical or religious nature,” contribute to the general welfare of society, and be nonprofit and nonviolent.

On August 1, the ban on full-face coverings – including ski masks, helmets, niqabs, and burqas – in schools, hospitals, public transportation, and government buildings – came into force. According to the law, authorities must first ask individuals violating the ban to remove the face covering or to leave the premises. Those refusing to comply may be fined 150 euros ($170).

The law permits employees to refuse to work on Sundays for religious reasons, but employers may deny employees such an exception depending on the nature of the work, such as employment in the health sector. Members of religious communities for whom the Sabbath is not Sunday may request similar exemptions.

The Council of State and the Netherlands Institute for Human Rights (NIHR) are responsible for reviewing complaints of religious discrimination. The Council of State is the highest administrative court in the country, and its rulings are binding. The NIHR serves as the government’s independent human rights watchdog, responsible for advising the government and monitoring and highlighting such issues, including those pertaining to religion. The NIHR hears complaints of religious discrimination, often involving labor disputes, and issues opinions that do not carry the force of law but with which the addressed parties tend to comply. If they do not comply with NIHR’s opinion, plaintiffs may take their case to a regular court.

Local governments appoint antidiscrimination boards that work independently under the auspices of the Ministry of the Interior and Kingdom Relations. These local boards provide information on how to report complaints and mediate disputes, including those pertaining to discrimination based on religion. Parties involved in disputes are not forced to accept mediation decisions of the local boards.

The government provides funding to religious schools, other religious educational institutions, and religious healthcare facilities. To qualify for funding, institutions must meet government educational standards as well as minimum class size and healthcare requirements. The constitution stipulates that standards required of religious or ideology-based (termed “special”) schools, financed either in part or fully by the government, shall be regulated by law with due regard for the freedom of these schools to provide education according to their religion or ideology.

The constitution stipulates public education shall pay due respect to the individual’s religion or belief. The law permits, but does not require, religious education in public schools. Teachers with special training to do so teach classes about a specific religion or its theology in some public schools, and enrollment in these classes is optional. All schools are required to familiarize students with the various religious movements in society, regardless of the school’s religious affiliation. Religion-based schools that are government funded are free to determine the content of their religious classes and make them mandatory, if the education inspectorate agrees that such education does not incite criminal offenses. Approximately 71 percent of government-funded schools have a religious, humanist, or philosophical basis. The Ministry of Education, Culture, and Science is responsible for setting national curriculum standards that all schools must comply with and for monitoring compliance.

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

Government Practices

The August 1 implementation of the law banning full-face coverings – including niqabs and burqas – in schools, hospitals, public transportation, and government buildings generated societal debate. On August 9, a few dozen women wearing niqabs and other supporters demonstrated against the ban in The Hague. They argued the ban limited the individual freedom of women and isolated Muslim women who might be afraid to take their children to school or a hospital. Advocates of the ban insisted that the law be enforced, including one advocate, Party for Freedom (PVV) leader and Member of Parliament Geert Wilders, who described it as a prelude to a future ban on headscarves. Opponents of the law viewed it as largely symbolic, since the number of women wearing a niqab or burka in the country was very small, estimated by officials to be between 150 and 400. The Federation of Islamic Organizations, among others, urged authorities not to enforce the law.

The institutions involved in the ban expressed reluctance to enforce it, stating the ban should not interfere with their regular business. Hospitals stated they would never refuse care to a woman for wearing a niqab. Public transportation companies stated they were obliged to transport anyone with a valid ticket and objected to any interruption of their regular service. Police stated they would not prioritize responses if called about these types of incidents. Following the introduction of the ban, there were two incidents, one involving a bus in Stein, Limburg, on August 19, and the other a train at Rotterdam Central Station on September 16, in which women wearing niqabs refused to show their faces or to leave the vehicles. In both cases, the women eventually left the vehicles after police insisted on compliance with the law, and neither was fined. Activists posted video on Facebook showing the train conductor involved in one of the incidents, who became the target of threats.

After the ban came into force, the local Rotterdam-based Islamic political party NIDA offered to pay the fine on behalf of any woman cited for violating the face-covering ban, stating it viewed the ban as an infringement on religious freedom. The women’s rights organization Femmes for Freedom filed a complaint against NIDA, stating that NIDA was breaking the law by offering to pay the fine.

The Central Appeal Council, one of the highest administrative courts, ruled on several cases in February in which social welfare recipients refused employment and training based on religious belief. In one case, a Muslim man refused to shave off his beard, a requirement for wearing a safety hood in a specific training job. The council ruled that in this case the legal requirement of wearing the safety hood, which protected the employee, outweighed the individual’s right to freedom of religion.

During the campaign for March provincial council elections, PVV leader Wilders reiterated that his party’s primary objective was to promote the “de-Islamization of the Netherlands” through a series of measures, including closing all mosques and Islamic schools, banning the Quran, and shutting out all asylum seekers and immigrants from Muslim-majority countries. He used social media to disseminate his message. Wilders’ Twitter account contained hundreds of entries criticizing Islam. For example, on September 27, Wilders tweeted, “Islam is a sect of hatred and violence. Islam and freedom do not go together, anywhere. That is why all Islamic schools and mosques must be shut…” On April 22, he tweeted, “We need (inter)national laws to declare Islam a violent totalitarian ideology. We should not grant freedom to a doctrine that takes our freedom away from us.”

In May the Council of State – which reviews and issues advisory opinions on any legislation before it is considered in parliament – issued a negative opinion on a draft law Wilders proposed in 2018 that would close mosques and schools teaching Islamic ideology, ban the Quran and the wearing of a burqa or niqab in public, and levy substantial fines on violators. According to the council, the proposed legislation “seriously and unacceptably devalues the core elements of the democratic rule of law and violates the constitutional right of freedom of religion.” The council rejected Wilders’ assertion that Islam is “a totalitarian ideology of conquest” and stated the redefinition of a religion is illegal. Wilders stated he intended to proceed with the parliamentary review of his proposal; no other party supported the bill. Parliament had not scheduled a debate on the draft law by year’s end.

Wilders’ appeal at the Hague Appellate Court of his 2016 conviction for inciting discrimination and making insulting racial remarks about Moroccans at a 2014 rally continued at year’s end.

The Forum for Democracy Party did not support the PVV campaign for “de-Islamization” of the country and closure of all mosques, but party leader Thierry Baudet stated Islam posed a threat to society, opposed the construction of new mosques, objected to school visits to mosques, characterized submitting children to fasting during Ramadan as child abuse, and favored amending the constitutional right to freedom of education to preclude the foundation of Islamic schools.

On September 12, Minister of Social Affairs and Employment Wouter Koolmees and Minister for Legal Protection Sander Dekker wrote a letter to parliament based on findings from a task force the government created to advise and assist with what it described as problematic behavior within the Salafist community. The ministers stated Muslim communities were those most affected by “the problematic influence of these Salafist protagonists, as a result of which children turn their back on society,” and because others blamed the Muslim community as a whole for the problems of a small group. They added the government supported Islamic voices who spoke out against problematic behavior. Created in 2018, after a 2017 Ministry of Social Affairs report stating Salafist groups were growing and promoting intolerance, the task force worked with police, local authorities, and communities. A February 11 letter from Koolmees to parliament stated the government focused only on “criminal and/or problematic behavior from the perspective of the democratic rule of law within segments of the Salafist movement.”

Parliament continued to pressure the government to counter the foreign funding of Dutch mosques and Islamic institutions to stop the influence of Salafist and radical ideas. The government worked on legislation to make foreign financing transparent but stated it was reluctant to ban foreign financing altogether, considering potential diplomatic repercussions, erosion of national credibility on human rights and the rule of law, and possible negative repercussions to national NGOs active abroad. It also worked on legislation to ban financing of civil society organizations from “unfree” countries and to obtain more powers to ban entities whose activities violate public order, but it had not presented either piece of legislation to parliament as year’s end.

The press reported in September that 44 of the 52 Islamic primary schools used a sexual diversity textbook that states boys and girls should not look at each other or wear clothing of “the infidel,” and that “Allah despises homosexuality.” The Education Inspectorate saw no reason to intervene because the “basic values of the democratic rule of law are not violated.”

The Education Inspectorate reproached the Jewish Cheder primary school and the Islamic Cornelius Haga Lyceum for using inappropriate civics curricula based on their own interpretation of religious rules. Both schools received government funds that required them to adhere to a minimum state requirement on curriculum content. Authorities found problems with the Jewish Cheder primary school’s religious curriculum not including information on homosexuality and the school’s policy of separating boys and girls into different religious classes instead of holding mixed-gender classes. Authorities had no concerns with Islamic Cornelius Haga Lyceum’s curriculum but found problems with its management. Media also reported that most private afterschool Salafist classes taught their students a strict interpretation of Islam and to turn their back on Dutch society.

There was growing political pressure from various secular parties, including Labor Party and Democrats 66, to amend Article 23 of the constitution that guarantees freedom of education, to give the minister of education the power to intervene in order to prevent the foundation of schools supporting radical and undemocratic views. In response, Education Minister Arie Slob of the Christian Union (CU) party stated, “Parents must be able to choose a school that befits their education. It is wrong to assume that problems can be resolved by restricting the freedoms of a certain group.”

In July the city council of the predominantly Christian community of Westland denied a permit to start an Islamic primary school, even though the school met the criteria, according to Minister of Education, Culture, and Science Ingrid van Engelshoven. In April the Council of State ruled the Ministry of Education must facilitate and finance the new school over the objections of local authorities. There were continuing discussions between the Ministry of Education and the local government at year’s end.

On August 5, the national railway company Nederlandse Spoorwegen (NS) began accepting online applications for compensation to Jewish, Roma, and Sinti Holocaust victims whom NS transported to transit camps ultimately leading to concentration and extermination camps during World War II when the country was under Nazi occupation. The company said it would pay between 7,500 and 15,000 euros ($8,400-$16,900) to an estimated 500 Holocaust survivors and 5,000 widows and children. The application window was scheduled to remain open until August 5, 2020.

The government continued to state that it accepted the International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism but was not legally bound by it. In February the government reported the Ministry of Justice and Security shared the indicators from this definition with the police and prosecutor’s office so that they could take them into account when dealing with incidents of anti-Semitism.

In February the government presented the annual update of its National Action Plan Against Discrimination, which included specific measures to counter anti-Islamic sentiment and anti-Semitism. It stated the government must continue to implement existing measures vigorously. These included projects to train teachers to deal with discrimination issues including on the basis of religion, and leading figures from the Jewish and Muslim communities to serve as constructive societal leaders and encouragement of interfaith dialogue through the Building Bridges project, which establishes local networks of persons from different religious communities. The update tightened the instructions for the prosecutor’s office to facilitate prosecution of discriminatory expression, including religious, on social media. The government also appropriated nine million euros ($10.1 million) for the education work by museums and commemoration centers, the Anne Frank Foundation, and the National May 4 and 5 Committee to incorporate contemporary issues, such as combating anti-Semitism and discrimination, into education on World War II.

In May the cabinet appropriated three million euros ($3.4 million) to enhance existing efforts to combat anti-Semitism following an April paper by parliamentarians Gert-Jan Segers of the CU party and Dilan Yesilgoz of the People’s Party for Freedom and Democracy (VVD), which made concrete proposals to combat anti-Semitism and other calls for action. The paper proposed the following measures: improving mandatory education about the Holocaust and anti-Semitism, including the history of the Jewish community in the country; increasing support to teachers to raise these subjects in the classroom; creating a safe environment at school; reaching out to Jewish youth; focusing attention on the Holocaust, World War II, and freedom of religion in the mandatory integration courses for immigrants; providing structural security to Jewish institutes and synagogues; training police to recognize anti-Semitism; promoting policies to encourage victims to file complaints with police; pursuing zero tolerance with respect to anti-Semitism on the internet and during soccer matches; appointing a national anti-Semitism coordinator; and developing an action plan to combat anti-Semitism. Segers stated, “We have failed if we cannot offer a safe existence to the Jewish community…”

In January several political parties in Amsterdam presented a nine-point plan to combat anti-Semitism more effectively, including: stimulating improved education on the Holocaust and the history of Jews in the capital; fighting prejudice; requiring every student to visit Westerbork Camp (from which Jews and others were transported to concentration camps to the east); launching a campaign to encourage victims of anti-Semitic incidents to file complaints; and advocating the appointment of a local coordinator for combating anti-Semitism in Amsterdam. The city implemented these measures during the year.

The mayors and responsible aldermen in larger cities, such as Amsterdam, Rotterdam, and The Hague, again met with the Jewish community to discuss security issues and other topics of interest. These city governments continued to support a range of projects, such as educational programs to teach primary schoolchildren about the Holocaust and to counter prejudice about Jews. Amsterdam, with the largest Jewish population in the country, remained particularly active in such programming and sponsored visits of school children to the Westerbork Camp. On a March visit to the Westerbork Camp, State Secretary for Health, Welfare, and Sport Paul Blokhuis expressed his desire to make the discussion of anti-Semitism in the classroom mandatory. In May The Hague said it would finance school excursions to the Westerbork and Auschwitz concentration camps.

In May the NGO Center for Information and Documentation on Israel (CIDI) proposed several measures to combat anti-Semitism more effectively: improve education on the Holocaust and Jews; help teachers recognize and combat anti-Semitism; teach immigrants about the Holocaust, Jews, and democratic rule of law; identify anti-Semitic incidents more clearly; accelerate the reporting procedures for such incidents; encourage victims to report incidents; train policemen in handling anti-Semitism complaints; impose heavier penalties on anti-Semitism; make clearer agreements with the Royal Netherlands Soccer Association (KNVB) about halting matches after an anti-Semitic incident; and observe zero tolerance for criminal discrimination online, including anti-Semitism. The government began implementation of several of recommendations, while others remained pending.

CIDI organized a demonstration in front of the Dutch parliament on May 29 to support the wearing of the yarmulke, or kippah, after the German government’s anti-Semitism ombudsman warned Jews not to wear them in public because of the increasing likelihood of being attacked. During this demonstration Justice and Security Minister Ferdinand Grapperhaus and spokespersons of the main political parties expressed solidarity with the Jewish community and spoke out for a more vigorous approach to combat anti-Semitism.

Local governments, in consultation with the national government, continued to provide security to all Jewish institutions. Eddo Verdoner, chairman of the Central Jewish Council (CJO), said his organization worked closely with national and local authorities to provide security to Jewish institutions so that Jews could feel safe without withdrawing from society. The volunteer organization For Life and Welfare also provided private security to Jewish institutions and events.

Local governments continued to provide security to mosques and Islamic institutions as necessary, and local authorities worked with Islamic institutions on enhancing the security and resilience of mosques and other religious institutes, as well as their visitors. The national government continued to support this local approach and developed materials to assist religious institutes and local governments in implementation measures. The national government published a “Security of Religious Institutes” manual in consultation with the Muslim community, local governments, and police. Local and national authorities, the National Coordinator for Counterterrorism and Security (NCTV), and police consulted closely on security issues with representatives from religious communities.

In January Amsterdam Mayor Femke Halsema announced the city would provide more security to Islamic institutions based on threat assessments by local and national authorities. The city engaged in talks with Islamic institutions on maximizing security and adopted supplemental security measures, similar to those it adopted in previous years for Jewish institutions.

In response to the March attacks on mosques in New Zealand, Justice and Security Minister Grapperhaus informed parliament that authorities were closely monitoring threats, and the NCTV maintained close contacts with local authorities, which in turn consulted with mosques on increased security measures, including greater police presence but also increasing self-reliance of mosques to protect themselves by discussing best practices, including installing closed-circuit television cameras and monitoring who is entering the mosque. The NCTV also met with the Dutch Islamic Council, and local mayors visited mosques.

Several politicians and the CJO condemned the October 9 attack on a synagogue in Halle, Germany. “Sickening, cowardly, and terrible,” tweeted VVD parliamentarian Dilan Yesilgoz. The CJO asked if anti-Semitism was on the rise in Europe and wrote, “The CJO calls in the Netherlands for education and information. Only by knowing each other do we diminish mutual hatred…CJO calls on everyone not to be intimidated. Be yourself and live your culture without fear.”

On May 3, the CU and Reformed Calvinist parties and CIDI launched a petition calling on the European Commission to make combating anti-Semitism in Europe one of its priorities. They stated Jews continued to be targets of prejudice and hatred and synagogues and Jewish schools required protection. The petition also called for a more effective approach of anti-Semitism in Europe. Within a few weeks, more than 19,000 people had signed the petition, including several leading politicians from other parties.

The NIHR reported receiving 17 complaints of religious discrimination in 2018 – mostly in the workplace – compared with 13 in 2017 and issued opinions in nine cases. In one case, it judged that a primary school did not make a prohibited distinction on the grounds of religion when it refused to offer an internship to a woman who refused to shake hands with men. The NIHR stated the school policy on etiquette was consistent and objective. In another case, it judged that a Protestant school could elect not to hire a teacher wearing a headscarf because the school held a consistent and legitimate policy prohibiting clothing reflecting non-Christian religious beliefs based on the school’s Protestant values.

The Animal Rights Party introduced draft legislation to ban ritual slaughter of animals. In May the Council of State said the proposed legislation “constitutes a serious infringement on freedom of religion, violates the human rights of Jews and Muslims,” and should therefore not be introduced. The council stated that the interest of protecting animal welfare did not outweigh the freedom of religion. Animal Rights Party leader Marianne Thieme stated she would continue to seek parliamentary support for the ban. At year’s end, parliament had not scheduled a debate on the proposed legislation.

In June parliament adopted a nonbinding resolution calling for the deployment of specialized detectives to deal with complaints about anti-Semitic incidents or other incidents of discrimination. Parliamentarians of several parties, including Democrats 66, Labor Party, and Denk, stated they hoped the measure would encourage victims to file complaints. According to CIDI, those who reported an incident often believed police did not take them seriously, and in some cases this dissuaded them from filing a complaint.

Government and security officials met throughout the year with the Jewish community to discuss matters of concern, such as security, anti-Semitism, and ritual slaughter. The CJO; Netherlands-Jewish Congregation; Netherlands Alliance of Progressive Judaism; Contact Body for Jews, Christians, and Muslims; and CIDI attended such meetings.

In its most recent report covering the year, CIDI reported three anti-Semitic statements by politicians from the Denk Party and PVV. For example, the report cited multiple anti-Semitic comments on Facebook in response to a video posted by Denk party leader Tunahan Kuzu while visiting Palestinians in Hebron, such as “The Holocaust never happened, it was invented by Jews to snatch away land”; “Zionist Jews do the same as what Hitler did”; and “If Hitler had dealt with Jews properly, Palestine would be free today.” CIDI criticized Denk for failing to remove the comments.

Citing freedom of expression, authorities in Amsterdam declined to act against the weekly demonstration of the Boycott, Divestment, and Sanctions (BDS) movement at the Dam Square, despite the frequent use of anti-Semitic texts and Israeli flags covered in swastika and cockroach designs. CIDI appealed directly to the mayor to intervene after police did not respond to repeated complaints; the mayor’s office took no action.

Although authorities, the KNVB, soccer clubs, and the Anne Frank Foundation had multiple agreements in place to discourage anti-Semitic behavior at soccer matches, participants did not always carry out the terms of the agreements. For example, one agreement stipulated that if anti-Semitic chanting arose, clubs would ask fans to stop immediately and, if they did not, suspend the match; however, the matches were rarely suspended. In one example, on January 27, Feyenoord soccer club hooligans engaged in anti-Semitic chanting outside the stadium in Rotterdam ahead of the Feyenoord-Ajax match. Police intervened and arrested five supporters, who were fined 500 euros ($560) each. That same day, similar chanting occurred ahead of a match between Heerenveen and AZ Alkmaar. AZ Alkmaar developed a policy to discourage such chanting, which it said was becoming more effective.

The Anne Frank Foundation continued to organize government-sponsored and government-funded projects, such as the “Fan Coach” project that sought to counter anti-Semitic chanting by educating soccer fans on why their actions were anti-Semitic. Another foundation initiative, the “Fair Play” project, promoted discussion about countering discrimination, including religious discrimination among soccer fans.

In April several political parties and CIDI urged the state secretary for migration to deny a U.S.-based preacher entry to the country because of what they described as his offensive anti-Semitic and homophobic statements based on his own biblical interpretations. The preacher canceled the visit.

In January the government, most political parties, the Protestant Church Netherlands (PKN), and other groups protested the signing by approximately 250 Protestant ministers and others of the evangelical Christian Nashville Statement on the relationship between men and women, which rejected homosexuality and transgender identity. On behalf of the government, Education Minister Ingrid van Engelshoven said the statement showed “emancipation is far from over. This is a step back in time. We still have a long way to go.” PKN president Rene de Reuver characterized the Nashville statement as “theologically one-sided and pastorally irresponsible.”

The Central Body for Accommodating Asylum Seekers (COA) – the agency charged with overseeing asylum centers – said it prohibited religious activities in the centers to avoid inflaming tensions among different religious groups housed together in an already sensitive environment. COA continued to prohibit religiously affiliated organizations from proselytizing at asylum centers. It allowed the Consultation Body for Jews, Christians, and Muslims (OJCM), however, to organize pilot programs at two asylum centers discussing freedom of religion and the importance of nondiscrimination in Dutch society. The OJCM requested COA to allow it to organize such talks at all asylum centers.

The government continued to require asylum seekers seeking to obtain a residence permit to sign a statement of participation in civic integration. The statement informed immigrants of their rights and obligations and of fundamental values, including freedom of religion.

The government continued to require imams and other spiritual leaders recruited from abroad to complete a course on integrating into Dutch society before preaching in the country. This requirement did not apply to clergy from EU countries and those with association agreements with the EU, such as Turkey, whose Religious Affairs Directorate appoints approximately 140 Turkish imams to serve in the Netherlands. The government also sponsored leadership courses intended to facilitate imam training in Dutch.

After the Amsterdam Administrative Court dismissed all objections to its development on July 9, construction started on the National Holocaust Monument in Amsterdam, which is government and privately supported and will carry the names of all 102,000 Dutch victims of the Holocaust. Local residents said the monument was too large, the expected large numbers of visitors would become a nuisance, and the residents were not sufficiently consulted.

At the request of parliament, in July the cabinet appointed Jos Douma as the first Special Envoy for Freedom of Religion and Belief. Douma stated his goal was to promote tolerance: “The issue is that we protect people, whether they are believers or not.” The Democrats 66 party requested that the envoy also speak out vigorously on the rights of nonbelievers.

An investigation begun in 2018 into whether spokespersons for the Muslim NIDA and Unity parties broke the law with anti-Semitic statements in 2017 continued at year’s end.

According to Minister of Justice and Security Grapperhaus, the National Police continued to disregard an NIHR finding and continued with a policy of not allowing personnel to wear headscarves.

The government is a member of the IHRA.

Legal Framework

The constitution provides “the freedom to practice one’s religion alone or in the company of others.” The law mandates there be no limitation of rights or freedoms on the grounds of religious opinion.

The constitution instructs public institutions to combat discrimination based on religious affiliation. According to law, complaints about discrimination for religious reasons in the private sector, in the government, or by a government agency or authority must be filed with the DO. The ombudsman investigates each case and issues a decision that is not legally binding. The decision includes recommendations to prevent future discrimination. The ombudsman takes some cases to court each year, in part to create legal precedent. The DO may represent the individual making a complaint in the event of legal proceedings if he or she requests it.

The constitution states, “The opportunities of religious minorities to preserve and develop a cultural and social life of their own shall be promoted.” No one is obliged to belong to a religious community or “divulge religious beliefs in relations with public institutions.”

There is no requirement in the law for religious groups to register or otherwise seek recognition. Only those faith communities registering with the SST, however, are eligible to receive tax exemptions similar to those of nonprofit organizations and government funding. To register with the SST, a religious group must submit an application to the Ministry of Culture demonstrating the group fulfills certain requirements, including that it has operated in the country for at least five years, has a clear and stable structure, is able to function independently, serves at least 3,000 persons, and that it has several locations in the country.

According to the law, animal slaughter must be preceded by stunning and/or the administration of anesthetics to minimize the animal’s suffering.

The law stipulates that male circumcision may be performed only by a licensed doctor or, for boys under the age of two months, by a person certified by the National Board of Health and Welfare. The board certifies circumcisers including mohels (individuals who conduct ritual Jewish circumcisions) to perform the operations on boys younger than two months but requires the presence of a medical doctor who must administer anesthesia to the infant.

The government facilitates fundraising by religious groups by offering them the option of collecting contributions through the Tax Agency in exchange for a one-time fee of 75,000 Swedish kronor ($8,100) and an annual fee of 21 kronor ($2) per member per year. The Church of Sweden is exempted from the annual fee because it, unlike the other religious groups participating in the scheme, does not receive financial support from the SST. Only religious groups registered with the SST may participate in the scheme. Religious groups choose what percentage of members’ annual taxable income to collect, with a median collection rate of 1 percent. The Tax Agency subtracts a percentage of the member’s gross income and distributes it to the religious organization. The member’s contribution is not deductible from income tax. Seventeen religious organizations participate in the scheme, including the Church of Sweden, the Roman Catholic Church, four Muslim congregations, and two Syriac Orthodox churches.

The government provides publicly funded grants to registered religious groups through the SST. The grants are proportional to the size of a group’s membership. Registered religious groups may also apply for separate grants for specific purposes, such as security expenses.

The military offers food options compliant with religious dietary restrictions. Each military district has a chaplain. According to the law, chaplains may be of any religious affiliation, but all chaplains seconded to the armed forces belong to the Church of Sweden. Regardless of religious denomination, chaplains are required to perform religious duties for other faiths or refer service members to spiritual leaders of other faiths if requested. The law specifically exempts Jehovah’s Witnesses from national military service. Other conscientious objectors may apply for unarmed military service but are in practice not inducted into the military. Armed forces guidelines allow religious headwear. Individuals serving in the military may observe their particular religious holidays in exchange for not taking leave on public holidays.

Religious education is compulsory in public and private schools. Teachers use a curriculum that encompasses lessons about the major world religions without preference for any particular religious group. Parents may send their children to independent religious schools, which the government supports through a voucher system and which must adhere to government guidelines on core academic curricula, including religious education. Such schools may host voluntary religious activities outside the classroom, but these activities may not interfere with government guidelines on core academic curricula.

Hate speech laws prohibit threats or expressions of contempt for persons based on several factors, including religious belief. Penalties for hate speech range from fines to a sentence of up to four years in prison, depending on the severity of the incident.

Law enforcement authorities maintain statistics on hate crimes, including religiously motivated hate crimes, issuing them every two years. Law enforcement authorities may add a hate crime classification to an initial crime report or to existing charges during an investigation. Prosecutors determine whether to bring hate crime charges as part of the prosecution, and the defense has an opportunity to rebut the classification. In cases where the criminal act involves a hate crime, the penalties increase.

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

Government Practices

The Center Party decided at its national convention in September to advocate a ban on nonmedical circumcision, including for religious reasons. The party leadership opposed the ban, stating that it would be perceived as religious discrimination against Jewish and Islamic practice, but a majority of party members supported it and overruled the leadership. Center Party Leader Annie Loof said afterward the party would not propose legislation to ban nonmedical circumcision. Aftonbladet reported on September 30 that Loof presented a bill in 2007 where she promoted a ban. “It is true that I presented a bill about this 12 years ago as a new member of parliament, but I changed my mind just a year later,” she said. According to Chairman of the Official Council of Swedish Jewish Communities Aron Verstandig, this was seen by the Jewish community as an attack on Swedish Jews. “Circumcision is a central part of the Jewish religion,” he said. Mohamed Temsamani, president of the United Islamic Associations in Sweden, stated such a ban would be a restriction on religious freedom.

The Swedish National Board of Health and Welfare had no statistics on how many children are circumcised annually. In 2009, the board recommended the regional healthcare authorities provide circumcisions for religious reasons by certified doctors in state health clinics. All six healthcare regions offered this service during the year. In four regions, the service cost up to 14,000 Swedish kronor ($1,500). There were certified private clinics where the cost was lower but the waiting times were long. On October 7, newspaper Svenska Dagbladet reported that uncertified individuals were performing illegal circumcisions on boys in the home beyond the control of state authorities. Svenska Dagbladet reported that an uncertified circumciser charged approximately 1,500 Swedish kronor ($160) and waiting times were shorter than at private clinics.

In August the Moderate Party called for a government study to consider introducing a ban on headscarves in schools for students under 12. Christian, Jewish, and Muslim leaders expressed concern about the proposal, stating such a measure would constitute an infringement on religious freedom.

In July the DO initiated an inquiry after Bromolla municipality banned prayer during working hours. Representatives from the DO were investigating whether the decision disadvantaged certain workers and violated the law. The ban, which applied to all municipal employees, was passed by the local council at the end of May. Defending the ban, council Chairman Eric Berntsson stated its purpose was to ensure staff did not take time off to pray during working hours. “There is no general right to leave to pray during working hours…. This is a clarification of a regulation, just like a smoking ban,” Berntsson told Swedish Radio. Christian and Muslim representatives criticized the prayer ban.

The Sweden Democratic Party continued to advocate local and national bans on the Islamic call to prayer. After police in Vaxjo in 2018 granted a mosque permission to conduct a call to prayer on Fridays, the Sweden Democrats Vaxjo branch launched a petition for a referendum to ban the call to prayer in the municipality. Neighbors of the mosque appealed the police decision, stating they were disturbed by the noise; they also said their right under the European Convention on Human Rights not to be exposed to a religious message was violated. In April the Administrative Court of Appeal decided the call to prayer could continue. The Vaxjo local authority determined the call to prayer may be broadcast once a week for three minutes and 45 seconds, with limits on the volume.

Some Muslim groups and the Official Council of Swedish Jewish Communities continued to state they considered the law requiring stunning of and/or administration of anesthetics to animals prior to slaughter to conflict with their respective religious rituals. The Muslim community remained divided over whether the requirement conformed to halal procedures. The Jewish community reported the law effectively prevented the production of kosher meat. Most halal and all kosher meat continued to be imported.

The nongovernmental organization (NGO) Scandinavian Human Rights Lawyers, in partnership with five Christian organizations, issued a report in March criticizing the Migration Agency for rejecting asylum applications from Christians – primarily those who converted to Christianity while in the country – who said they risked religious persecution in their home countries. The report researched 619 Afghan converts who applied for asylum in 2015-2018. According to the report, the Migration Agency denied 68 percent of the claims on the basis of their faith not being genuine. The authors of the report concluded the Migration Agency had a poor understanding of religion, and its decisions on converts were arbitrary. The Migration Agency responded in a press release that it was investigating why there were different outcomes in similar cases but stated each decision was based on a complex overall assessment in which an individual’s religious knowledge was not considered but, rather, the intellectual reflections of belief. Following the critique, the government issued an addition to the Migration Agency’s regulatory letter requesting the agency report how it worked with converts’ cases and how it met the legal standards in matters where religion was stated as a factor in consideration for asylum. The report was not completed at year’s end.

Deputy Secretary General of the Swedish Evangelical Alliance Jacob Rudenstrand again said Christian refugees, including but not limited to converts, faced persecution, particularly from Muslim refugees, they were not safe in the country, and the government needed to take measures to ensure their safety.

The Migration Agency announced in March it would grant refugee status to Uighur Muslims from China’s Xinjiang Autonomous Region as well as any other Muslim minority group members in response to “far-reaching state repression.” Uighurs in the country were already shielded from deportation after the Migration Agency stopped all deportations of Uighurs in September 2018.

A government inquiry was tasked to present proposals on how to introduce a ban on new independent primary and secondary schools with a religious orientation. The results of the inquiry were still pending at year’s end, but will be nonbinding on the government. Minister of Education Anna Ekstrom said in June, “In recent years, we have seen examples of schools that, in the name of religion, separate girls and boys, hardly teach about sexuality and coexistence, and equate evolution with religious creation myths. This is totally unacceptable. Now, the government is taking the first steps towards stopping new religious schools.” The government suggested existing schools with a religious focus would be allowed to remain, but the regulations would be clarified to allow for greater oversight by the School Inspectorate and the municipalities. During the year, seven of eight political parties represented in parliament, except for the Christian Democrats, supported banning the establishment of new religious independent schools.

There were reports that representatives of the Sweden Democrats – the country’s second largest political party, which received 17.6 percent of the vote in the 2018 parliamentary elections – made denigrating comments about religious minorities. In January Karlskrona District Court acquitted the group leader of the Sweden Democrats in Karlskrona of charges of hate speech after a post on the party’s local Facebook page described Muslims as terrorists and oppressors of women. The court ruled the post was made on a “current and ongoing political issue,” the inauguration of a new minaret in Karlskrona, and it was therefore not reasonable to limit the politician’s freedom of expression.

On September 25, the press reported that a local Sweden Democrat politician in Vallentuna posted white supremacist propaganda and Holocaust denial material on Facebook. Dagens Nyheter reported that among other items, she posted photos of human skeletons with captions stating 500,000 Germans were “exterminated” during one night of the Dresden bombings in 1945. The politician stepped down shortly after. The local Sweden Democrat leader said, “These are opinions that go directly against what the party stands for and is something we take very seriously.… This person leaves all political assignments and no longer represents the Sweden Democrats.”

Christian Democrats party leader Ebba Busch Thor stated in an op-ed in the Expressen newspaper on April 20, “The suburbs would benefit from Christian values,” arguing that Christian values were the basis for the country’s democracy and liberal society and implying Christian values were lacking in the suburbs, where many Muslim immigrants live. She said, “It is clear what happens when the traditional values disappear.…there is no cultural Islamization, like the right-wing extremists cautioned about….I think it looks more like a lack of culture.” Prominent media outlets, including Dagens Nyheter criticized Busch Thor, not only for arguing there was a lack of values and culture in immigrant dense areas, but also for her claim that Christian values were what create a liberal society.

The Media Council, a government agency whose primary task is to promote the empowerment of minors as conscious media users and to protect them from harmful media influences, continued its “No Hate Speech Movement,” which included efforts to stop anti-Semitic conspiracy theories. The council offered classroom and online material for students and suggestions on how to address these issues with children.

The government allocated five million kronor ($538,000) annually for 2018-2020 to the Swedish Committee against Anti-Semitism and the Living History Forum to increase opportunities for student and teacher study visits to Holocaust memorial sites.

In February the Supreme Court overruled the appellate court’s decision not to expel a Palestinian man with “special refugee status” sentenced to two years in prison for attempting to firebomb the synagogue in Gothenburg in December 2017. The court ruled that the man would serve his sentence and then be expelled. He may not return to Sweden before 2028.

As part of its continuing “National Plan to Combat Racism, Similar Forms of Hostility, and Hate Crimes,” the government provided 22 million kronor ($2.37 million) to religious organizations and civil society to improve their security, and is scheduled to provide 15 million kronor ($1.61 million) annually thereafter. A wide range of civil society organizations, including religiously oriented NGOs, remained eligible for funding from the Legal, Financial, and Administrative Services Agency to improve their security; for example, by purchasing security cameras and hiring security guards. In September Chairman of the Official Council of Swedish Jewish Communities Aron Verstandig stated he welcomed the government’s increased allocation of funds in support of religious organizations’ security measures.

In October the government announced it would provide an additional 14 million kronor ($1.51 million) in 2020 for educational efforts to combat racism and support tolerance, including religious tolerance, in schools and increased support to civil society, and another 10 million kronor ($1.08 million) annually for 2021 and 2022.

The government allocated an additional 10 million kronor ($1.08 million) to the Police Authority to prevent and investigate hate crimes, including those related to religion. Part of the funding was earmarked for the Police National Operations Department that assisted the country’s regional authorities with investigations of hate crimes.

The SST continued to collaborate with other government agencies and civil society to promote dialogue between the government and faith communities as well as to contribute to knowledge about religion. During the year, SST cooperated with several municipalities and regions to set up interreligious dialogues with a focus on democracy promotion, countering violent extremism, and educating municipal employees on issues of religion and religious freedom. SST remained a partner to many government entities such as the law enforcement authorities, the Civil Contingencies Agency, the Defense Research Agency, the National Agency for Education, the Government Offices, the Crime Prevention Agency, the Migration Agency, and others, both in supporting ongoing government inquiries and facilitating meetings with different faith communities, including groups not registered with the SST. New course topics included NGO management and accountability, scriptural reasoning for female leaders, and leadership, religion and democracy. The SST also conducted courses in family law and movements within Islam. The agency continued to fund, publish, and promote publications aimed at educating the public about religious minorities. New publications included studies such as The Religious Landscape of Sweden, Religious Freedom and Religious Communities in Sweden, and Religious Minorities from the Middle East in Sweden.

The SST distributed 83 million kronor ($8.92 million) in grants to 46 religious groups during 2018, up from 44 the previous year, for operating expenses, theological training, spiritual care in hospitals, building renovations, and refugee assistance. In addition, the SST distributed funds for specific projects in response to grant requests, which different religious groups often carried out jointly.

The Swedish Agency for Youth and Civil Society provided grants to civil society organizations working to combat religious intolerance. Grants included approximately two million kronor ($215,000) to the NGO Expo to combat intolerance and racism, including religious intolerance.

The government continued to fund the Living History Forum (LHF), a public authority “commissioned to work with issues related to tolerance, democracy, and human rights, using the Holocaust and other crimes against humanity as its starting point.” The government allocated 46.5 million kronor ($5 million) to LHF, which provided lesson plans, books, and other resources for teachers. Topics covered included anti-Semitism, Holocaust remembrance, ethnic and religious conflicts in the Balkans, and critical reading of history. On August 29, the government announced a 1 million kronor ($108,000) increase to LHF’s budget to increase knowledge-based activities, including efforts to combat racism and anti-Semitism.

Schools continued to sponsor educational visits to Holocaust sites such as Auschwitz-Birkenau. Students participated in these trips regardless of religious background. According to a study released by LHF in June, 44,000 Swedes visited Auschwitz-Birkenau in 2017, the most on record. The study concluded most of these visitors were likely students and other young people. LHF provided educational materials and guidance for teachers to facilitate these visits.

Prime Minister Lofven commemorated the Holocaust in a speech at the Great Synagogue of Stockholm on January 27, Holocaust Remembrance Day. Lofven condemned the Holocaust and present-day anti-Semitism and spoke about his “profound anger” over “the raw and despicable anti-Semitism that we still see around the world, in Europe, and in Sweden.”

On August 27, the Ministry of Foreign Affairs hosted its annual memorial lecture in honor of Raoul Wallenberg, the Swedish diplomat who saved thousands of Jews from the Holocaust in Hungary. In his speech at the event, Prime Minister Lofven said, “[When] Jews, Muslims and Christians are attacked for their beliefs, when politicians in Europe and Sweden try to score points by creating fear and separation between people – then, we regular people – must search for that inner compass that was so strong with Raoul Wallenberg.” He also commended an exhibit in the Photography Museum displaying portraits of 23 Holocaust survivors and recounted memories of the Holocaust.

In May Prime Minister Lofven announced he was planning to host a high-level international forum in October 2020 on remembrance of the Holocaust and addressing contemporary anti-Semitism. This would take place 20 years after the Stockholm International Forum on the Holocaust and the establishment of the IHRA. The announced goal of the forum was to reaffirm the Declaration of the Stockholm International Forum on the Holocaust and to promote the IHRA, of which the country is a member.

Legal Framework

The constitution designates Islam as the official religion. It guarantees freedom of religious worship “in accordance with established customs,” provided this “does not conflict with public policy or violate public morals.” The constitution states all citizens are equal before the law and prohibits discrimination on grounds of religious belief.

The law prohibits black magic, sorcery, and incantations, which are punishable by a prison term ranging from six months to three years, and deportation for noncitizens.

The law does not directly prohibit Muslims from converting to other religions; however, the penal code defers to sharia on matters defined as crimes in Islamic doctrine, which in many interpretations prohibits apostasy.

The law provides for imprisonment of up to five years for preaching against Islam or proselytizing to Muslims. The law also prohibits “abusing” a holy shrine or ritual of any religion, insulting any religion, inciting someone to commit sin or contravene national values, labeling someone an infidel or unbeliever, and forming groups or holding meetings with the purpose of provoking religious hatred. Offenders are subject to fines up to two million dirhams ($545,000) and imprisonment generally ranges from five to 10 or more years.

The law prohibits blasphemy, defined as any act insulting God, religions, prophets, messengers, holy books, or houses of worship. Offenders are subject to imprisonment for five or more years and fines from 250,000 dirhams ($68,100) to two million dirhams ($545,000); noncitizens may be deported.

The law does not require religious organizations to register; however, the formation of a legal entity, which requires some form of registration, is necessary for operational functions such as opening a bank account or renting space. Each emirate oversees registration of non-Muslim religious organizations and the process differs by emirate, organization, and circumstance. In Dubai, religious organizations are required to obtain a license from the Community Development Authority (CDA). The government has also granted some religious organizations land in free trade zones, where they legally registered by applying for a trade license, which allows them some operational functions.

The law requires Muslims and non-Muslims to refrain from eating, drinking, and smoking in public during fasting hours during the month of Ramadan. Violations of the law are punishable by one month’s imprisonment or a fine not exceeding 2,000 dirhams ($540). The law prohibits Muslims from drinking alcohol or knowingly eating pork throughout the year.

The law prohibits churches from erecting bell towers or displaying crosses or other religious symbols on the outside of their premises, although they may place signs on their properties indicating they are churches.

Islamic studies are mandatory for all students in public schools and for Muslim students in private schools. The government does not provide instruction in any religion other than Islam in public schools. In private schools, non-Muslim students are not required to attend Islamic study classes. All students, however, are required to take national social studies classes, which include some teaching on Islam. The government permits Christian-affiliated schools to provide instruction tailored to the religious background of the student, for example, Islamic studies for Muslim students, Christian instruction for Christian students, and ethics or comparative religions for others.

Private schools deemed to be teaching material offensive to Islam, defamatory of any religion, or contravening the country’s ethics and beliefs face potential penalties, including closure. All private schools, regardless of religious affiliation, must register with the government. Private schools are required to have a license from the federal Ministry of Education, and their curriculum must be consistent with a plan of operation submitted to and approved by the ministry. Administrative oversight of the schools is a responsibility of each emirate’s government.

The law prohibits the distribution of religious literature the government determines is contradictory to Islam, as well as literature it deems blasphemous or offensive toward religions.

Land ownership by noncitizens is restricted to designated freehold areas. Outside of special economic zones and designated freehold areas, the law restricts majority company ownership to citizens except in certain exempted sectors. This restriction is an impediment to most minority religious communities, which consist of noncitizens, from purchasing property to build houses of worship.

The law prohibits multiple forms of discrimination, including religious, and criminalizes acts the government interprets as provoking religious hatred or insulting religion through any form of expression. It also criminalizes the broadcasting, publication, and transmission of such material by any means, including audio/visual or print media or via the internet, and prohibits conferences or meetings the government deems promote discrimination, discord, or hatred.

According to the constitution, sharia is the principal source of legislation, although the judicial system applies two types of law, depending on the case. Sharia forms the basis for judicial decisions in most family law matters for Muslims, such as marriage and divorce, and inheritance for both Muslims and non-Muslims; however, in the case of noncitizens, the parties may petition the court to have the laws of their home country apply, rather than sharia. Sharia also applies in some criminal matters. Civil law provides the basis for decisions on all other matters. Shia Muslims in Dubai may pursue Shia family law cases through a special Shia council rather than through the regular judicial system. When sharia courts try non-Muslims for criminal offenses, judges have the discretion to impose civil or sharia penalties. In these cases, judges generally impose civil penalties. Higher courts may overturn or modify sharia penalties.

The Fatwa Council, headed by President of the Forum for Promoting Peace in Muslim Societies Sheikh Abdallah bin Bayyah, is tasked with presenting a clear image of Islam, including issuing general fatwas and licensing individuals to issue fatwas, train muftis, and conduct research, in coordination with the Awqaf.

Under the law, citizen and noncitizen Muslim men may marry non-Muslim women who are “people of the book” (Christian or Jewish). Muslim women may not marry non-Muslim men. Non-Muslim men and Muslim women who marry are subject to arrest, trial, and imprisonment on grounds of engaging in extramarital sex, which carries a minimum sentence of one year in prison, because the marriage is considered invalid; any extramarital sex between persons of any religion is subject to the same penalties.

In the event of a divorce between a Muslim father and non-Muslim mother, sharia usually applies. Strict interpretation of sharia – which often favors the father – does not apply to child custody cases and courts have applied the “the best interests of the child” standard since 2010. According to sharia, a divorced woman may lose custody of her children to their father once daughters reach 13 years of age and sons 11 years of age. Women may file for continued custody until a daughter marries or a son finishes his education. The father, deemed the guardian, provides for the child financially, while the mother, the custodian, provides day-to-day care of the child. Non-Muslim wives of citizens are ineligible for naturalization. There is no automatic spousal inheritance provision for wives under the law if the husband is Muslim and the wife is non-Muslim. Such wives may not inherit their husband’s property unless named as a beneficiary in their husband’s will.

Abu Dhabi’s judicial department permits Christian leaders to legally mediate divorces for Christians and agnostics if the bride and groom are both residents of the emirate. The government permits church officials to officiate at weddings for non-Muslims, but the couple must also obtain the marriage certificate from the Abu Dhabi Justice Department. In both cases of marriage and divorce, the church official must be registered with the Ministry of Justice as officially recognized to perform these acts.

Noncitizens may register wills in the emirate in which they live. In the absence of a will filed with the government, the assets of foreigners who die are subject to sharia. Non-Muslims are able to register their wills with the Abu Dhabi judicial system as a way to safeguard their assets and preserve their children’s inheritance rights. In Dubai, foreigners may file wills at the Dubai International Financial Center (DIFC) Court Wills and Probate Registry. The DIFC Wills Service Center allows non-Muslim business owners and shareholders to designate an heir. Dubai wills not filed in the DIFC Court are subject to sharia. In July the DIFC announced non-Muslim residents could register wills covering assets across the country and abroad. Previously, the DIFC only accepted wills with assets in Dubai and Ras al-Khaimah. There are courts for Personal Status and for Inheritance for non-Muslims in the Abu Dhabi Court of First Instance.

The law prohibits activities the government deems supportive of political or extremist interpretations of Islam. These include the use of the internet or any other electronic means to promote views the government believes insult religions, promote sectarianism, damage national unity or the reputation of the state, or harm public order and public morals. Punishments include imprisonment and fines from 500,000 dirhams ($136,000) to one million dirhams ($272,000). Electronic violations of the law are subject to a maximum fine of four million dirhams ($1.1 million). The law prohibits membership in groups the government designates as terrorist organizations, with penalties up to life imprisonment and capital punishment.

Under the law, local authorities concerned with mosque affairs are responsible for naming mosques, providing and supervising the needs of mosques and prayer spaces, determining the timing of the second call to prayer, organizing religious lectures, and preparing sermons. The law also defines acts prohibited in mosques, prayer spaces, and Eid Musallas (open prayer spaces outside of mosques or prayer halls smaller than mosques) without a license, such as giving lectures or sermons, holding Quran memorization circles, fundraising, and distributing written and visual material. The law further stipulates citizen applicants must be given first consideration for vacant positions at mosques. The law prohibits those working in mosques from belonging to any illegal group or from participating in any political or organizational activities.

The law restricts charitable fundraising activities, including by religious organizations, by prohibiting the collection of donations or advertising fundraising campaigns without prior approval from authorities. As of March, violations of the law are subject to a fine of no less than 50,000 dirhams ($13,600). Under a 2012 cybercrimes law, the use of any information technology to promote the collection of donations without a license is subject to a fine between 200,000 dirhams ($54,500) and 500,000 dirhams ($136,000).

Individuals who donate to unregistered charities and fundraising groups may be punished with a three-year prison term or a fine between 250,000 dirhams ($68,100) and 500,000 dirhams ($136,000).

The Dubai CDA is the official body mandated to oversee all civil institutions and nonprofits in the emirate, including non-Muslim religious groups. The CDA issues operating licenses and permits for events and monitors fundraising activities. The law also states that civil institutions may only collect donations or launch fundraising campaigns after obtaining the CDA’s written approval. Fines for noncompliance range from 500 dirhams ($140) to 100,000 dirhams ($27,200).

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

Government Practices

According to media reports, in September the Dubai Criminal Court sentenced a Moroccan national to three months imprisonment, deportation upon completion of his prison sentence, and a fine of 500,000 dirhams ($136,000) on blasphemy charges for allegedly insulting God in an argument with his employer.

Media reported Dubai courts sentenced a Moroccan woman in August to three months imprisonment and deportation for charges that included blasphemy, for insulting religion in text messages sent to a man with whom she had been romantically involved.

According to media reports, in February, Sharjah officials charged two residents with engaging in extramarital sex, in violation of local interpretation of sharia.

Police and courts continued to enforce laws prohibiting sorcery. Customs authorities in Dubai and the northern emirates reported seizing shipments containing materials they said were intended for use in magic and sorcery. In March a woman was acquitted after appealing charges related to practicing witchcraft. The Fujairah Court of First Instance initially convicted her and ordered her to pay a fine of 10,000 dirhams ($2,700).

Following a December 31, 2018 court ruling upholding his earlier conviction, the government continued to imprison Ahmed Mansoor, a human rights activist arrested in 2017. Although specifics of the charges against Mansoor remained unknown, authorities stated that, among other violations of the law, Mansoor promoted “a sectarian- and hate-filled agenda.”

There were reports of government actions targeting the Muslim Brotherhood, designated by the government as a terrorist organization, and individuals associated with the group. Since 2011, the government also has restricted the activities of organizations and individuals allegedly associated with al-Islah, a Muslim Brotherhood affiliate. In August the country’s president pardoned political activist Osama al-Najjar and two other detainees accused of having ties to al-Islah. Their release was accompanied by a video in which the three detainees renounced their membership and condemned the Muslim Brotherhood as a terrorist organization.

Within prisons, authorities continued to require Muslims to attend weekly Islamic services. In Abu Dhabi, some Christian clergy reported difficulties visiting Christian prisoners and raised concerns about lack of worship space for incarcerated Christians. They said that when they were granted prison access, they were permitted to take Bibles to the prisoners.

The country’s two primary internet service providers, both majority-owned by the government, continued to block certain web sites critical of Islam or supportive of religious views the government considered extremist, including Islamic sites. The service providers continued to block other sites on religion-related topics, including some with information on Judaism, Christianity, atheism, and testimonies of former Muslims who converted to Christianity.

In an April statement during the Fatwa Council’s second annual conference, the council declared the importance of regulating fatwas so that they could “consecrate values of tolerance and coexistence.”

The Awqaf continued to vet and appoint Sunni imams, except in Dubai, based on their gender, educational background, and knowledge of Islam, along with security checks. According to the Awqaf, the government continued to fund Sunni mosques, with the exception of those considered private, and retained all Sunni imams as government employees.

The Awqaf continued to oversee the administration of Sunni mosques, except in Dubai, where they were administered by the Islamic Affairs and Charitable Activities Department (IACAD). On its website, the Awqaf stated its goals included offering “religious guidance in the UAE to instill the principle of moderation in Islam.” It continued to distribute weekly guidance to Sunni imams regarding subject matter, themes, and content of Friday sermons; published a Friday sermon script every week; and posted the guidance on its website. Leading up to Ramadan, the Awqaf launched training workshops to instruct imams on sermon delivery and how to communicate values of moderation and tolerance.

The Awqaf applied a three-tier system in which junior imams followed the Awqaf script for Friday sermons closely; midlevel imams prepared sermons according to the topic or subject matter selected by Awqaf authorities; and senior imams had the flexibility to choose their own subject and content for their Friday sermons. Some Shia sheikhs (religious leaders) chose to use Awqaf-approved weekly addresses, while others wrote their own sermons. Friday sermons were translated into English and Urdu on the Awqaf’s website and mobile application.

Dubai’s IACAD controlled the appointment of Sunni clergy and their conduct during worship in Dubai mosques. All of the imams in Dubai’s more than 2,000 Sunni mosques were government employees and included both citizens and noncitizens. Qualification requirements were more stringent for expatriate imams than for local imams and starting salaries much lower.

The Jaafari Affairs Council, located in Dubai and appointed by the Dubai ruler, managed Shia affairs for the entire country, including overseeing mosques and community activities, managing financial affairs, and hiring imams. The council complied with the weekly guidance from IACAD and issued additional instructions on sermons to Shia mosques.

The government did not appoint imams for Shia mosques. Shia adherents worshiped in and maintained their own mosques. The government considered all Shia mosques to be private; however, they were eligible to receive some funds from the government upon request.

The Awqaf operated official toll-free call centers and a text messaging service for fatwas in Arabic, English, and Urdu. Fatwa categories included belief and worship, business transactions, family issues, women’s issues, and other Islamic legal issues. Callers explained their question directly to an official mufti, who then issued a fatwa. Both female (muftiya) and male (mufti) religious scholars worked the telephones at the fatwa hotline.

The government permitted Shia Muslims to observe Ashura in private, but not in public. There were no public processions in Dubai or the northern emirates, where the majority of the country’s Shia population resides.

Representatives of non-Islamic faiths said registration procedures and requirements for minority religious groups remained unclear in all emirates. In September the Department of Community Development (DCD) in Abu Dhabi granted licenses, and thereby formal legal status, to 18 Abu Dhabi-based houses of worship, including Catholic, Orthodox, and Protestant churches and the country’s first traditional Hindu temple. Prior to receiving licenses, the 18 houses of worship operated on informal approval from local authorities. According to the DCD – the regulator of places of worship in Abu Dhabi emirate – the licensing ensured the places of worship had a channel of communication through which to request support on administrative and operational issues affecting religious communities. These changes did not apply to religious groups in the other emirates.

The government did not require non-Muslim religious groups to register, but according to some observers, the lack of a clear legal designation continued to result in an ambiguous legal status for many groups and created difficulties in carrying out certain administrative functions, including banking and signing leases. For example, the government continued to require religious groups to register as a precondition for establishing formal places of worship, such as temples, mosques, or churches, or for holding religious services in rented spaces such as hotels or convention centers. Since the September licensing of 18 houses of worship by DCD, community sources reported that unregistered religious organizations faced challenges in renting spaces at hotels in some circumstances. The government permitted groups that chose not to register to carry out religious functions in private homes, as long as this activity did not disturb neighbors through excessive noise or vehicle congestion.

The government required all conference organizers, including religious groups, to register conferences and events, including disclosing speaker topics.

In Dubai, there were continued reports of delays in obtaining permits from the CDA to worship in spaces outside of government-designated religious compounds. In 2018, the CDA was tasked with implementing an oversight structure for civil institutions and nonprofits and with regulating non-Muslim faith communities in the emirate. Despite changes in personnel since 2018, when the CDA imposed significant restrictions on non-Muslim groups practicing in hotels, there were continued reports of such restrictions as well as confusion and uncertainty regarding CDA policies for obtaining licenses and event permits, which were not published by the CDA. There were also reports of last-minute event cancellations affecting religious groups.

Immigration authorities continued to ask foreigners applying for residence permits to declare their religious affiliation on applications. School applications also continued to ask for family religious affiliation. Applicants were required to list a religious affiliation, creating potential legal issues for atheists and agnostics. According to Ministry of Interior officials, the government collected this information for demographic statistical analysis only.

Individuals belonging to non-Islamic faiths, including Christianity, Hinduism, Sikhism, Buddhism, and Judaism, said they generally could worship and practice without government interference within designated compounds or buildings, or in private facilities or homes. While the government did not generally allow non-Muslims to worship, preach, or conduct prayers in public, there were reports of government-sanctioned exceptions. In February Pope Francis held a public Mass in Abu Dhabi for 180,000 Catholics as part of the first papal visit to the Arabian Peninsula. In April 5,000 worshipers attended a stone-laying ceremony for a Hindu temple.

News reports during the year quoted religious leaders, including from Catholic, Anglican, Hindu, Sikh, and other religious communities, expressing appreciation for government support for their communities and the relative freedom in which their communities could worship. Following the government licensing of 18 Abu Dhabi-based houses of worship, Pujya Brahmavihari Swami, the head priest of the UAE’s first Hindu temple, described the event in which the licenses were publicly presented as “a great signal to the world that the way forward for humanity is global inclusiveness where we not only respect each other’s beliefs but also accept their existence.”

The government continued to provide land for non-Muslim cemeteries. Cremation facilities and associated cemeteries were available for the large Hindu community. Non-Muslim groups said the capacity of crematoriums and cemeteries was sufficient to meet demand. The government required residents and nonresidents to obtain a permit to use cremation facilities, and authorities routinely granted such permits. The government allowed individuals from all religious groups except Islam to use the facilities.

In June the Abu Dhabi International Airport opened a new multifaith prayer room for use by the general public.

Some religious groups, particularly Christians and Hindus, advertised religious functions in the press or online, including holiday celebrations, memorial services, religious conventions, and choral concerts, without government objection. The government also allowed businesses to advertise, sell merchandise, and host events for non-Islamic religious holidays, such as Christmas, Easter, and Diwali. The government allowed local media to report on non-Islamic religious holiday celebrations, including service times and related community safety reminders.

Despite legal prohibitions on eating during daylight hours in Ramadan, in Dubai and several northern emirates, non-Muslims were exempt from these laws in hotels and most malls; non-Muslims could eat at some stand-alone restaurants and most hotels in Abu Dhabi as well. In Dubai and several northern emirates, most licensed restaurants were permitted to offer alcohol during Ramadan. Although private eating establishments historically used curtains or partitions to conceal customers who ate during Ramadan daytime hours, in May, a few days prior to the conclusion of Ramadan, Abu Dhabi authorities ordered the partitions be taken down, thereby allowing restaurants and cafes to serve food openly during Ramadan. Due to confusion in the publication of the Abu Dhabi municipality’s instruction, compliance with the order to remove partitions was not universal.

The government did not always enforce the prohibition against bell towers and crosses on churches, and some churches in Abu Dhabi and Dubai displayed crosses on their buildings or had ornamental bell towers; none of them used the towers to ring or chime bells.

Customs authorities continued to review the content of imported religious materials and occasionally confiscated some of them, such as books. Additionally, customs authorities occasionally denied or delayed entry to passengers carrying items deemed intended for sorcery, black magic, or witchcraft. Specific items airport inspectors reportedly confiscated included amulets, animal bones, spells, knives, and containers of blood.

Officials from the Awqaf’s Department of Research and Censorship reviewed religious materials, such as books and DVDs published at home and abroad. The department’s Religious Publications Monitoring Section continued to limit the publication and distribution of religious literature to texts it considered consistent with moderate interpretations of Islam, and placed restrictions on non-Islamic religious publications, such as material that could be considered proselytizing or promoting another religion other than Islam. The section issued permits to print the Quran and reviewed literature on Quranic interpretation. The government continued to prohibit the publication and distribution of literature it believed promoted extremist Islam and overtly political Islam. The Religious Publications Monitoring Section inspected mosques to ensure prohibited publications were not present.

In a June statement, the Anti-Defamation League (ADL) said the government has “taken significant, constructive steps to advance the theological basis for Muslim coexistence with adherents of other religions, including but not limited to Christians and Jews.” In this regard, the ADL cited the government’s training of thousands of Afghan imams on interreligious coexistence and the appointment of the world’s first cabinet-level minister of tolerance.

During Ramadan, government-owned companies sponsored programs featuring speakers that the ADL had cited for past anti-Semitic comments. A government-owned radio station broadcast a program featuring Saleh Al-Maghemsy, a Saudi Sunni Islamic scholar, and the Dubai Electricity and Water Authority hosted a presentation by Omar Abdel Kafi, an Egyptian writer active on the international lecture and television circuit. In a letter to the director general of the UN Educational, Scientific, and Cultural Organization (UNESCO), the Simon Wiesenthal Center stated the November UNESCO-sponsored Sharjah International Book Fair featured a number of anti-Semitic titles, including “Mein Kampf” and “Protocols of the Elders of Zion.”

The government continued to grant permission to build houses of worship on a case-by-case basis. Minority religious groups said, however, the construction of new houses of worship did not keep up with demand from the country’s large noncitizen population. Many existing churches continued to face overcrowding and many congregations lacked their own space. Because of the limited capacity of official houses of worship, dozens of religious organizations and different groups shared worship space. In Dubai, overcrowding of the emirate’s two church compounds was especially pronounced, and routinely led to congestion and traffic. Media reports highlighted that holiday services often attracted tens of thousands of worshippers to the compounds. Some smaller congregations met in private locations or shared space with other churches to which rulers had given land. Noncitizen groups with land grants did not pay rent on the property. Several emirates also continued to provide free utilities for religious buildings.

Noncitizens, who generally make up the entire membership of minority religious groups, relied on grants and permission from local rulers to build houses of worship. For these groups, land titles remained in the respective ruler’s name. The country’s 42 Christian churches were all built on land donated by the ruling families of the emirates in which they were located, including houses of worship for Catholics, Coptic Orthodox, Greek Orthodox, Anglicans, and other denominations. Ajman and Umm Al Quwain remained the only emirates without dedicated land for Christian churches, although congregations gathered in other spaces, such as hotels.

There were two Hindu temples and one Sikh temple in Dubai. Abu Dhabi Crown Prince Mohammed bin Zayed allocated land in Al-Wathba, Abu Dhabi, for the construction of a privately funded Hindu temple, scheduled to be completed by 2022. There were no Buddhist temples; some Buddhist groups met in private facilities. There were no synagogues for the expatriate resident Jewish population, but regular communal worship took place on the Sabbath and holidays in a private Dubai villa that was publicly acknowledged as a worship space in a 2018 Bloomberg article. In May at an event cohosted with the UAE Embassy in Washington, the ADL announced the country’s expatriate Jewish community had selected its first chief rabbi. In February the government announced construction of the first official synagogue in the country, in Abu Dhabi, with construction scheduled to begin in 2020 as part of the larger Abrahamic Family House – a project slated to bring together a mosque, church, and synagogue to represent the three Abrahamic faiths. Construction was halfway complete on a new Anglican church in Abu Dhabi; the projected completion date was not clear at year’s end.

Although the government permitted non-Muslim groups to raise money from their congregations and from abroad, some unlicensed noncitizen religious groups were unable to open bank accounts because of the lack of a clear legal category to assign the organization. Several religious minority leaders reported this ambiguity created practical barriers to renting space, paying salaries, collecting funds, and purchasing insurance, and made it difficult to maintain financial controls and accountability.

Marriages between non-Muslim men and Muslim women are not recognized under the law and are thus considered invalid. In April the government issued its first birth certificate for an interfaith baby, in this case born to a Muslim mother and a Hindu father. The request, initially rejected by authorities, was deemed an exception.

In February the government hosted the Muslim Council of Elders’ Global Conference on Human Fraternity, which brought together Pope Francis, Grand Imam of al Azhar Ahmed al-Tayyib, and religious leaders from across the region to discuss interfaith cooperation and dialogue. During the conference, Pope Francis and Grand Imam al-Tayyib signed the Document on Human Fraternity for World Peace and Living Together– a declaration of reconciliation, cooperation, tolerance, and fraternity among believers and non-believers. In August the government formed a multifaith committee tasked with implementing the document. In a subsequent statement to the UN Human Rights Council, the NGO International Organization for the Least Developed Countries declared the government has “been able to offer a unique model of tolerance and dialogue between religions, cultures, and civilizations based on mutual respect. Consequently, tolerance has become an integral part of the structure of the UAE’s society and has been characterized by the establishment of a culture of human coexistence.”

In April the government hosted scholars and religious leaders as part of the International Tolerance Convention hosted by Dubai’s Al Manar Center to discuss fostering peace and curbing extremism related to religion.

In January the Ministry of Foreign Affairs and International Cooperation condemned the terrorist attack on churches and hotels in Sri Lanka and stated the country stood against violence, extremism, and religious discrimination.

In March Sheikh Hamad bin Mohammed Al Sharqi, the ruler of Fujairah, received Bishop Mor Osthatheos Issac, Patriarchal Vicar of the Jacobite Syrian Orthodox Church in India, and spoke about the importance of tolerance and respect for other cultures.

Some Muslim and non-Muslim groups reported their ability to engage in nonreligious charitable activities, such as providing meals or social services, was limited because of government restrictions. For example, the government required groups to obtain permission prior to any fundraising activities. Religious groups reported official permission was required for any activities held outside their place of worship, including charitable activities, and this permission was sometimes difficult to obtain.

The Dubai government’s Al Manar Islamic Center hosted an interfaith iftar, and invited attendees to share their thoughts on the themes of tolerance and happiness.

Prominent government figures routinely acknowledged minority religious holidays and promoted messages of tolerance through various print and media platforms. In October UAE Vice President, Prime Minister, and Ruler of Dubai Mohammed bin Rashid wished UAE’s Hindu community a happy Diwali in a social media message that was amplified in the local press.

In November the government conferred the “UAE Pioneer” award on two Christian expatriates, an Indian businessman, Saji Cheriyan, and Anglican clergyman Reverend Canon Andrew Thompson, chaplain of St. Andrew’s Church in Abu Dhabi, for their work in promoting interreligious tolerance in the country.

Legal Framework

In the absence of a written constitution, the law establishes the Church of England as England’s state church. Scotland, Wales, and Northern Ireland do not have state religions. Legislation establishes the Church of Scotland as Scotland’s national church, but it is not dependent on any government body or the queen for spiritual matters or leadership.

The Human Rights Act 1998 protects freedom of thought, conscience, and religion. It states, “Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.” The Human Rights Act reaffirms the European Convention of Human Rights, Article 9, which guarantees freedom of thought, conscience, and religion, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society.”

As the supreme governor of the Church of England, the monarch must always be a member of, and promise to uphold, that Church. The monarch appoints Church of England officials, including lay and clergy representatives, on the advice of the prime minister and the Crown Appointments Commission. Aside from these appointments, the state is not involved in the Church’s administration. The Church of Scotland is governed by its General Assembly, which has the authority to make the laws determining how it operates.

In England and Wales, the law prohibits religiously motivated hate speech and any acts intended to incite religious hatred through the use of words or the publication or distribution of written material. The law defines religious hatred as hatred of a group because of its religious belief or lack thereof. Police are responsible for investigating criminal offenses and for gathering evidence; the Crown Prosecution Service, which is an independent body and the main public prosecution service for England and Wales, is responsible for deciding whether a suspect should be charged with a criminal offense. The maximum penalty for inciting religious hatred is seven years in prison. If there is evidence of religious hostility in connection with any crime, it is a “religiously aggravated offense” and carries a higher maximum penalty than does the underlying crime alone. In Scotland the law requires courts to consider the impact of religious bias when sentencing.

By law the General Register Office for England and Wales governs the registration and legal recognition of places of worship in England and Wales. A representative of the congregation, for example, a proprietor, trustee, or religious head, must complete and submit an application form and pay a fee of 29 pounds ($38) to a local registrar. The General Registrar Office typically provides registration certificates to the local superintendent registrar within 20 working days. The law also states buildings, rooms, or other premises may be registered as meeting places for religious worship upon payment of a fee; the General Register Office for England and Wales keeps a record of the registration, and the place of worship is assigned a “worship number.” Registration is not compulsory, but it provides certain financial advantages and is also required before a place of worship may be registered as a venue for marriages. Registered places of worship are exempt from paying taxes and benefit from participating in the country’s Gift Aid program. Gift Aid allows charities to claim back the 25 percent basic rate of tax already paid on donations by the donor, boosting the value of a donation by a quarter. The law only applies in England and Wales and does not cover the Church of England or Wales.

The law requires religious education (RE) and worship for children between the ages of three and 18 in state-run schools, with the content decided at the local level. Specialist schoolteachers, rather than religious groups, teach the syllabus. Parents may request to exempt their children from RE, and in England and Wales, students may opt out themselves at age 14, although religious worship continues until students leave school at either age 16 or 18. State schools that are not legally designated as religious require the RE curriculum to reflect “Christian values,” be nondenominational, and refrain from attempts to convert students. It must also teach the practices of other principal religions in the country. Students and, unless they are employed by faith-based schools, teachers may decline participation in collective worship, without prejudice. All schools not designated as religious, whether private or state-run, must maintain neutrality in their interpretation of the RE syllabus and must avoiding presenting one faith or belief as greater than another.

State schools in England and Wales that are not legally designated as religious are required to practice daily collective prayer or worship of “a wholly or mainly…Christian character.” Schoolteachers lead these assemblies; however, parents have the legal right to request their children not participate in collective prayer or worship. The law permits sixth form students (generally 16- to 19-year-olds in the final two years of secondary school) to withdraw from worship without parental permission or action. State schools not designated as religious are free to hold other religious ceremonies as they choose.

The government requires schools to consider the practices of different religious groups when setting dress codes for students. This includes wearing or carrying specific religious artifacts, not cutting hair, dressing modestly, or covering the head. Guidance from the Department of Education requires schools to balance the rights of individual students against the best interests of the school community as a whole; it acknowledges schools could be justified in restricting individuals’ rights to manifest their religion or beliefs when necessary, for example, to promote cohesion and good order.

In Scotland only denominational (faith-based) schools practice daily collective prayer or worship; however, religious observance at least six times per year is compulsory in all Scottish schools. Religious observance is defined as “community acts which aim to promote the spiritual development of all members of the school’s community.” Examples of religious observance include school assemblies and events to recognize religious events, including Christmas and Easter. Parents may make the decision to opt out their children from this requirement, but children may not make this decision themselves.

In Bermuda the law requires students attending state schools to participate in collective worship, characterized by educational officials as reciting the Lord’s Prayer, but it prohibits worship “distinctive of any particular religious group.” At the high school level, students are required to take a course that explores various religions until year 9 (ages 11-14); in years 10 and 11 (ages 15-16), courses on religion are optional.

There are two faith-based private schools in Bermuda that operate from kindergarten through high school. One follows the guidance of the North American division of the Seventh-day Adventist Church. The other follows principles of the Catholic Church.

The government determines whether to establish a faith-based school when there is evidence of demand, such as petitions from parents, religious groups, teachers, or other entities. If a faith-based school is not oversubscribed, then the school must offer a place to any child, but if the school is oversubscribed, it may use faith as a criterion for acceptance. Nonstate faith-based schools are eligible to claim “charitable status,” which allows for tax exemptions.

Almost all schools in Northern Ireland receive state support, with approximately 90 percent of students attending Protestant or Catholic schools. Approximately 7 percent of school-age children attend religiously integrated schools with admissions criteria designed to enroll equal numbers of Catholic and Protestant children without the intervention of the state, as well as children from other religious and cultural backgrounds. Students of different faiths are able to attend Protestant or Catholic schools but tend to gravitate toward the integrated schools. These integrated schools are not secular but are “essentially Christian in character and welcome all faiths and none.” RE – a core syllabus designed by the Department of Education, Church of Ireland, and Catholic, Presbyterian, and Methodist Churches – is compulsory in all government-funded schools, and, “The school day shall include collective Christian worship whether in one or more than one assembly.” All schools receiving government funding must teach RE; however, students may request to opt out of the classes and collective worship. Catholic-managed schools draw uniquely on the Roman Catholic tradition for their RE, while other schools may draw on world religions.

An estimated 30 sharia councils operate parallel to the national legal system. They adjudicate Islamic religious matters, including religious divorces, which are not recognized under civil law. Participants may submit cases to the councils on a voluntary basis. The councils do not have the legal status of courts, although they have legal status as mediation and arbitration bodies. As such, rulings may not be appealed in the courts.

The law prohibits discrimination on the grounds of “religion or belief” or the “lack of religion or belief.” The Equality and Human Rights Commission (EHRC) – a body sponsored by the Department of Education’s Government Equalities Office – is responsible for enforcing legislation prohibiting religious discrimination. The EHRC researches and conducts inquiries into religious and other discrimination in England, Scotland, and Wales. The minister for women and equalities appoints the members. If the commission finds a violation, it may issue a notice to the violator and seek a court order to enforce the notice. The EHRC receives government funds but operates independently. The Northern Ireland equivalent to the EHRC is the Equality Commission.

In Northern Ireland the law bans discrimination on the grounds of religious belief only in employment; however, schools may be selective on the grounds of religion when recruiting teachers. In the rest of the country, the law prohibits any discrimination, including employment discrimination, based on religious belief, unless the employer can show a genuine requirement for a particular religion.

Citing a limited broadcast spectrum, the law prohibits religious groups from holding national radio licenses, public teletext licenses, more than one television service license, and/or radio and television multiplex licenses, which would allow them to offer multiple channels as part of a single bundle of programming.

Twenty-six senior bishops of the Anglican Church sit in the House of Lords as representatives of the state Church. Known as the Lords Spiritual, they read prayers at the start of each daily meeting and play a full role in the life and work of the upper house.

The law requires visa applicants wishing to enter the country as “ministers of religion” to have worked for at least one of the previous five years as a minister and to have at least one year of full-time experience or, if their religion requires ordination, at least two years of part-time training following their ordination. A missionary must also be trained as such or have worked previously in this role.

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

Government Practices

In July then-prime minister May appointed Lord John Mann as the government’s Independent Advisor on Anti-Semitism. Then-prime minister May created the position to address reports of rising anti-Semitism in the UK. Lord Mann is responsible for providing the Ministry of Housing, Communities, and Local Government with independent advice on the most effective methods to tackle anti-Semitism. Lord Mann was charged with collaborating with the UK’s special envoy for post-Holocaust issues and the Special Envoy for the Freedom of Religion and Belief to ensure a consistent approach across domestic and international policy and efforts on anti-Semitism. In addition to speaking publicly and making statements to the media on prominent cases of anti-Semitism, he partnered with several organizations to raise awareness of anti-Semitism in the UK, including the Chelsea Football Club’s Say No to Anti-Semitism Campaign. In August new Home Secretary Priti Pratel told the media that she would “stand up to the threat of anti-Semitism” in the country.

In July Imam Qari Asim, Deputy Chair of the government’s Anti-Muslim Hatred Working Group, was appointed independent advisor to lead work to propose a definition of Islamophobia. The stated purpose of the appointment was to help strengthen government efforts to combat anti-Muslim sentiment by developing a formal definition of “Islamophobia” after an existing definition came under question for potentially undermining freedom of speech. The Anti-Muslim Hatred Working Group was established in 2012 to develop and implement proposals to address anti-Muslim sentiment in the country. The working group is the government’s main forum for discussing issues of concern with Muslim leaders and the communities whose interests they represent and convey. It both disseminates and provides feedback on key policy messages and approaches. The group is made up of representatives from Muslim communities, independent experts, academics, and a range of government departments, including the Attorney General’s Office, the Crown Prosecution Service, the FCO, and the Home Office.

In September the Johnson government appointed Member of Parliament (MP) Rehman Chishti as the new prime minister’s special envoy for freedom of religion or belief. The special envoy was given a mandate to coordinate religious freedom efforts across the government, faith actors, and civil society; advocate for the rights of all individuals who are being discriminated against or persecuted because of their faith or belief; and promote the country’s stance abroad in favor of religious freedom. Special Envoy Chishti was charged with leading the implementation of recommendations from the independent review into FCO’s support for persecuted Christians.

In January, then-foreign secretary Jeremy Hunt commissioned an independent report into the persecution of Christians worldwide and requested the Bishop of Truro conduct the research. The final report, released in May, stated, “Christianity is by most calculations the most persecuted religion of modern times.” In addition to implementing the report’s recommendations, the FCO team overseeing freedom of religion and belief was directed to “make freedom of religion or belief central to the FCO’s culture, policies, and international operations.”

In August Lord Ahmad, then serving as the prime minister’s special envoy on freedom of religion or belief, read a statement from the prime minister at the UN General Assembly in which he underlined the country’s commitment to freedom of religion or belief. The statement said, “Freedom of religion or belief is at the heart of what the UK stands for. We will do everything possible to champion these freedoms and protect civilians in armed conflict, including religious, ethnic, or other minorities.”

The law continued to require religious accommodation for employees when it considered such accommodation feasible. The prison service recognized the rights of prisoners to practice their faith while in custody. The pastoral needs of prisoners were addressed, in part, through chaplains paid for by the Ministry of Justice, rather than by religious groups. All chaplains worked as part of a multifaith team, the size and breakdown of which was determined by the size of the prison and the religious composition of the prisoner population. Prison service regulations stated that “…chaplaincy provision must reflect the faith denomination requirements of the prison.”

The military generally provided adherents of minority religious groups with chaplains of their faith. There were approximately 240 recruited chaplains in the armed forces, all of whom were Christian. The armed forces also employed five civilian chaplains as full-time civil servants to care for Buddhist, Hindu, Sikh, Jewish, and Muslim recruits. The Armed Forces Chaplaincy Policy Board was reviewing provision of chaplaincy for personnel of these religions and considering employing suitable chaplains in the reserve forces.

As of January there were 6,802 state-funded faith-based schools in England, representing 34 percent of all state-funded mainstream schools and serving approximately 1.9 million students. Of these, 6,179 were primary schools (ages three through 11), representing 37 percent of all state-funded primary schools, and 623 secondary schools (ages 11 through 16), representing 19 percent of all state-funded secondary schools. Church of England schools were the most common type among primary schools (26 percent); Roman Catholic schools were the most common at secondary level (9 percent). Additionally, at the primary and secondary levels, there were 72 “other Christian,” 36 Jewish, 25 Methodist, 14 Islamic, six Sikh, five Hindu, and two multifaith state-funded faith schools. There were 370 government-funded denominational schools in Scotland: 366 Catholic, three Episcopalian, and one Jewish. The government classified schools with links to the Church of Scotland as nondenominational.

In October the Welsh government launched an eight-week public consultation on proposals relating to the future of RE and Relationships and Sexuality Education (RSE). Proposed changes include renaming the RE and RSE lessons “Religions and Worldviews” and removing the parental right to withdraw children from the lessons. The Welsh action followed a 2018 report by the Commission on Religious Education that recommended reform of RE in England, Scotland, and Wales, including a name change to “Religion and Worldviews.” The 2018 report followed a 2015 high court ruling that as part of the General Certificate of Secondary Education (a nationwide syllabus and academic qualification pursued by all students 14-16), schools (other than faith schools) must teach all religious and nonreligious world views without bias.

The Conservative Party faced allegations of anti-Muslim sentiment and anti-Semitism. During the Conservative Party leadership contest in June, candidate Sajid Javid in a televised leadership debate urged his rivals to pledge an independent investigation into “Islamophobia within the party;” which they all agreed to do. In November PM Johnson apologized publicly for Islamophobia in his party and said an earlier inquiry into all forms of discrimination in the Conservative Party would continue. Shortly after the general election in December, PM Johnson appointed a psychiatry expert, Professor Swaran Singh, to investigate how the party handled complaints of discrimination. Singh is a former Commissioner of the Equality and Human Rights Commission (EHRC), the country’s semi-governmental human rights watchdog. Then-Conservative Party chairman James Cleverly said Singh’s appointment would help the party “stamp out unacceptable abuse.” The Muslim Council of Britain (MCB) stated it was angered by the broad scope of the investigation into “discrimination” rather than specifically into Islamophobia and accused PM Johnson of breaking his promise. MCB General Secretary Harun Khan commented, “This appointment is at risk of being seen in the same light as the Conservative Party’s customary approach to Islamophobia, that of denial, dismissal, and deceit,” adding, “We were promised an independent inquiry into Islamophobia specifically.” The inquiry did not begin by year’s end.

In September during a session of prime minister’s questions on the floor of the House of Commons, Labour MP Tanmanjeet Singh Deshi publicly called on PM Johnson to apologize for his comments about Muslim women in a 2018 opinion article. Johnson did not do so. In November, when asked by media if he apologized for the Islamophobia that existed in the Conservative Party, PM Johnson replied, “Of course, and for all the hurt and offence that has been caused.”

In September the Conservative Party suspended several members, including at least one official, who posted or endorsed anti-Muslim comments on Twitter, one of which stated Islam was “the religion of hate.” The BBC highlighted 20 new cases to the party. While the number of suspensions was not revealed, the party told media that those found to be party members were suspended immediately, pending investigation. After calling for the Conservatives to launch an independent investigation into the alleged Islamophobia since 2018, in May the MCB formally asked the EHRC to open an inquiry. By year’s end, the EHRC did not take action.

Members of the Muslim community in Northern Ireland expressed concern that they could not apply for funding from the UK government’s “Places of Worship Protective Security Scheme” because Northern Ireland is not included in the plan. They pointed to attacks on mosques in recent years as evidence that funding is needed to increase security. Leaders of the Belfast Islamic Centre reported excellent relations with local Police Service of Northern Island (PSNI), which they said reliably responded to calls and provided additional security at mosques during periods when mosques had additional worshippers, including Ramadan.

In October Conservative MP Crispin Blunt suggested in an interview that the British Jewish Community demanded “special status” regarding circumcision and ritual slaughter. Blunt supported calls for eliminating subsidies to the CST, an organization that provided security for the British Jewish communities and reported anti-Semitic incidents in the country. When questioned by the Jewish Chronicle, Blunt said the “Jewish community has a special place in Britain” and while the CST “does a good job in protecting” British Jews, his “anxiety is that we have got to get to where faith and non-faith communities all feel secure.” He added the country needed to get to “a place where the Jewish community does not feel the need to have its own security.”

CST recorded over 100 anti-Semitic incidents monthly during the year. The highest single monthly totals came in February and December and, according to CST, coincided with months when anti-Semitism within the opposition Labour Party was under particular scrutiny and the party and its leader, Jeremy Corbin, faced further allegations of anti-Semitism. The CST stated it was “hard to precisely disaggregate the impact of the continuing Labour anti-Semitism controversy upon CST statistics, but it clearly has an important bearing.”

A poll commissioned by the Jewish Leadership Council in March found 87 percent of Jewish adults in the country viewed Jeremy Corbyn as anti-Semitic, compared to just 1 percent for former Prime Minister Theresa May and 21 percent for the leader of the far-right UK Independence Party, Gerard Batten. The same poll found 42 percent of respondents would “seriously consider emigrating” if Corbyn became Prime Minister.

In May the EHRC launched a formal investigation into whether the Labour Party had “unlawfully discriminated against, harassed, or victimized people because they are Jewish.” This was only the second such EHRC formal investigation taken against a political party. According to media reports, the EHRC opened the investigation based on complaints from party members, including Jewish members of parliament, about anti-Semitism within Labour. In a press statement, the EHRC said the party had committed to fully cooperate with the investigation. A party spokesperson reiterated Labour’s intention to assist the investigation and rejected “any suggestion that the party does not handle anti-Semitism complaints fairly and robustly.” The announcement was welcomed by the Campaign Against Anti-Semitism, the NGO that first referred the Labour Party to the EHRC in July 2018. At year’s end, the EHRC did not release any interim findings of its investigation.

In October the Jewish Labour Movement (JLM), an organization affiliated with the Labour party, announced its refusal to campaign for Labour in the event of a general election, and it carried out this pledge in the approach to the December 12 general election. The JLM cited a “culture of anti-Semitism,” but said it intended to remain affiliated to the party to “fight racism, rather than disaffiliate.” The JLM adopted a policy to campaign for certain Labour candidates who “have been unwavering in their support” for JLM.

Three weeks prior to the general election in December, spiritual leader of the nation’s Orthodox Jews Ephraim Mirvis wrote in The Times that the Jewish community was deeply anxious about the prospect of Jeremy Corbyn becoming prime minister if Labour won because he had failed to stand up to anti-Semitism, including in his own party. The same day Mirvis’ commentary appeared, Archbishop of Canterbury Justin Welby posted on Twitter, “That the Chief Rabbi should be compelled to make such an unprecedented statement at this time ought to alert us to the deep sense of insecurity and fear felt by many British Jews.”

During the general election campaign, the Scottish National Party suspended its candidate for Kirkcaldy and Cowdenbeath, Neale Hanvey, over anti-Semitic social media posts. Hanvey remained on the ballot as the party’s candidate because the suspension came too late for changes to be made. He was elected with a majority of 1,243 votes and will sit as an independent Member of Parliament until a disciplinary process is completed. Obervers stated that his election is thought to be the first time a candidate who was dropped by his party was elected as an independent.

In May vandals drew a 30-foot swastika on the side of the East London warehouse of Brexit Party candidate for the European Parliament and Jewish businessman Lance Forman, whose father was a Holocaust survivor. Police investigated the incident, but no arrests were made.

In March an Iranian Christian who said he converted to Christianity because it was a peaceful faith was denied asylum after a Home Office official used the Bible to argue that Christianity was violent and denied the applicant’s request. The Independent reported the refusal letter cited several biblical passages, including the book of Revelation, to say the Bible was “inconsistent” with the asylum seeker’s claim. The refusal letter said, among other things, “These examples are inconsistent with your claim that you converted to Christianity after discovering it is a ‘peaceful’ religion, as opposed to Islam, which contains violence, rage, and revenge.” The Home Office then said the case of the Iranian Christian did not follow proper procedure and the asylum request was being reconsidered, with a resulting withdrawal of its refusal and a commitment to reconsider the application.

In March the Northern Ireland Humanists group publicly called for the repeal of the region’s 1891 and 1888 blasphemy laws. The Catholic Church and the Irish Council of Churches responded by referring to a 2013 statement acknowledging “that the current reference to blasphemy is largely obsolete” and suggesting new legislation against discrimination and hate crimes could be introduced to provide more effectively for the freedom of individuals to practice their faith openly. All major political parties declared support for repeal, except for the Democratic Unionist Party, which stated antidiscrimination and hate crime legislation did not provide adequate protection for Christians.

In June the Northern Ireland Department of Justice requested a judicial review of hate crime legislation in Northern Ireland. At year’s end the review was ongoing, with a full report due in May 2020. Northern Ireland was the only part of the country that did not have specific hate crime laws; rather, current legislation allowed for increased sentencing if offenses were judged motivated by hostility based on race, religion, disability, or sexual orientation. Crown Court Judge Desmond Marrinan led the independent review with the goal of extending coverage to marginalized communities currently not protected by legislation, including those discriminated against because of age and gender.

On July 30, the House of Commons Foreign Affairs Select Committee launched an inquiry entitled, “Human Rights: Freedom of religion and belief, and human rights defenders.” The inquiry examined the FCO’s human rights programs and priorities, with a focus on freedom of religion and belief, and the work of human rights defenders overseas. The inquiry remained open to public input at year’s end.

In May then-prime minister May and several former prime ministers backed a proposal for a new Holocaust Memorial and Learning Centre to be constructed in Victoria Tower Gardens, adjacent to the Houses of Parliament. The government committed 25 million pounds ($32.98 million) to the project, which was matched by a contribution from a newly established charity for the purpose. At year’s end, the project was pending approval by the local planning authority and Westminster City Council.

In September the Foundation for Jewish Heritage bought a former synagogue in Merthyr Tydfil, South Wales with a grant from Cadw, the Welsh government’s historic environment service. Cadw contributed 44,000 pounds ($58,000), equating to 55 percent of the overall costs, towards the purchase of the building, which will be transformed into a Jewish Heritage Center.