Section I. Religious Demography
The U.S. government estimates the total population at 25.5 million (midyear 2020 estimate). According to the 2016 census, 52.1 percent of residents are Christian, including Roman Catholics (22.6 percent of residents), Anglicans (13.3 percent), Uniting Church (3.7 percent), Presbyterian and Reformed (2.3 percent), Baptist (1.5 percent), and Pentecostal (1.1 percent). Muslims constitute 2.6 percent of the population, Buddhists 2.4 percent, Hindus 1.9 percent, Sikhs 0.5 percent, and Jews 0.4 percent. An additional 9.6 percent of the population either did not state a religious affiliation or stated affiliations such as “new age,” “not defined,” or “theism,” while 30.1 percent reported no religious affiliation.
Revised figures from the 2016 census indicate that indigenous persons constitute 3.3 percent of the population, and that there are broad similarities in the religious affiliation of indigenous and nonindigenous individuals. In 2016, less than two percent of the indigenous population reported adherence to traditional indigenous religions or beliefs. Fifty-four percent of indigenous respondents identify as Christian, and an estimated 36 percent report having no religious affiliation.
Section II. Status of Government Respect for Religious Freedom
The constitution bars the federal government from making any law imposing a state religion or religious observance, prohibiting the free exercise of religion, or establishing a religious test for a federal public office. The constitution’s protection of the “free exercise of any religion” may be limited only when deemed necessary to protect public safety, order, health, or morals, or the fundamental rights and freedoms of others. Individuals who suffer religious discrimination may have recourse under federal or state and territory discrimination laws and bodies such as the Australian Human Rights Commission.
The state of Tasmania is the only state or territory whose constitution specifically provides citizens with the right to profess and practice their religion. In Queensland, Victoria, and the Australian Capital Territory, freedom of religion is protected in statutory human rights charters. The antidiscrimination laws of all states and territories, with the exceptions of NSW and South Australia, contain a prohibition against discrimination on the grounds of religious belief. NSW prohibits discrimination on the basis of “ethnoreligious origin,” and South Australia protects individuals from discrimination in employment and education on the grounds of religious dress. Complainants may seek redress through state and territory human rights bodies.
Religious groups are not required to register. To receive tax-exempt status for income or other benefits and an exemption from the goods and services tax (sales tax), however, nonprofit religious groups must apply to the Australian Taxation Office (ATO). Registration with the ATO has no effect on how religious groups are treated, apart from standard ATO compliance procedures. To receive tax-exempt status, an organization must be a nonprofit entity. An organization’s activities, size, and permanence are some of the factors taken into account when determining its tax-exempt status.
State and territory governments share responsibility for education policy with the federal government, and they generally permit religious education in public schools that covers world faiths and belief structures. Instruction in the beliefs and practices of a specific religion may also be permitted, depending on the state or territory. In some jurisdictions instruction must occur outside regular class time, while in others, alternative arrangements are made for the children of parents who object to religious instruction. The federal government provides funding to state and territory governments to support the employment of chaplains in public schools. Chaplains may represent any faith and are banned from proselytizing. Thirty-four percent of students attend private schools; approximately 94 percent of these schools are affiliated with a religious group.
In February, new laws in Victoria came into effect requiring religious leaders and workers to report suspected child abuse, including where discovered through confession. The law carries a sentence of up to three years in prison if a mandatory reporter (which includes persons in religious ministries) fails to report abuse to authorities. In September, the Queensland parliament passed laws requiring adults to report knowledge of child sexual abuse, including where information is gained during “a religious confession.”
The country is a party to the International Covenant on Civil and Political Rights.
In May, Prime Minister Scott Morrison announced delays to proposed religious freedom legislation as a consequence of his government’s focus on the COVID-19 pandemic. The government made no further announcements during the year related to the proposed laws’ revision or their introduction in the parliament. The government stated the purpose of the draft legislation was the prohibition of discrimination in key areas of public life on the ground of religious belief or activity and the creation of a new office of Freedom of Religion Commissioner in the Australian Human Rights Commission.
A revised draft of the religious freedom legislation, released in December, 2019, made several changes to the original draft legislation as a consequence of public consultation. This included provisions allowing religiously-affiliated hospitals, aged care facilities, and accommodation providers to take religion into account in staffing decisions; allowing religious camps and conference centers to take faith into account when deciding whether to provide accommodation; and narrowing conscientious objection protections for health professionals by expressly stating an objection must be to a service generally, rather than to the personal attributes or characteristics of an individual seeking a service. The draft laws continued to propose banning large businesses with a turnover of more than 50 million Australian dollars ($38.6 million) from setting codes of conduct that would have the effect of restricting or preventing an employee from making a statement of belief “other than in the course of the employee’s employment,” meaning outside the employee’s working hours, unless the business can prove it would cause “unjustifiable financial hardship to the business.” The draft laws continued to propose protections for “statements of belief” (i.e., statements of an individual’s religious beliefs) from the application of certain provisions of federal, state, and territory antidiscrimination laws that might otherwise make the statement of belief unlawful.
The government received approximately 7,000 submissions from interested members of the public related to the revised draft. The Australian Human Rights Commission praised the legislation’s objective of prohibiting discrimination on the grounds of religion, but it warned that other provisions “provide protection to religious belief or activity at the expense of other rights,” which in turn raised concerns about protections for religious organizations “participating in the general economy” that would allow them to deny services or exclude others in ways that the commission considered discriminatory. The commission recommended the government remove provisions exempting statements of belief from federal, state, and territory antidiscrimination laws. LGBTI Legal Service Inc. said these provisions “will allow discriminatory and hurtful comments to be made against a large portion of our community, including LGBTI people.”
Several religious groups, including the Australian Christian Lobby, welcomed “some improvements” in the revised draft, but they said there were “fundamental deficiencies” needing amendment, including broader protections for religious charities. The Anglican Church Diocese of Sydney welcomed changes permitting religious bodies to provide preference to persons who share their faith in an employment setting, but it lobbied for broader protections for religious charities and statements of belief.
Equality Australia, an organization that promotes “the wellbeing and circumstances of LGBTIQ+ people in Australia,” said the bill “continues to privilege the interests of some people and institutions over the rights of others,” and expressed concern that private sector employers “will find it harder to enforce universal standards of appropriate conduct across their workplaces.” The Australian Chamber of Commerce and Industry said the proposed protections for statements of belief potentially create “a serious issue for employers” in balancing employees’ public comments with their obligations to prevent discrimination in the workplace.
In response to a pledge made in late 2018 by the Prime Minister to remove religious schools’ ability to expel LGBTI students, Attorney General Christian Porter tasked the Australian Law Reform Commission to conduct an inquiry into religious exemptions in antidiscrimination legislation. In March, the Attorney General amended the original December, 2020 reporting deadline, setting it at 12 months after the draft religious freedom legislation passes the federal parliament.
In November, the Victoria state government introduced a bill that would ban practices that encourage individuals to change or suppress their sexual orientation or gender identity. If enacted, violation of this law could result in fines of up to 10,000 Australian dollars ($7,700) and 10 years in prison. Some religious leaders, including Catholic and Baptist clergy, criticized the bill, saying its language was too broad and could cause restrictions not only on practices considered harmful but also on the free speech and free choice of those following their religious beliefs. As of year’s end, the bill had not been passed by the state parliament.
As restrictions on movement that were imposed to contain the spread of COVID-19 began to ease in the latter part of the year, several religious leaders, including senior Catholic, Anglican, and Greek Orthodox clergy, criticized remaining state government restrictions, saying they unfairly affected religious communities. On October 21, the NSW state government eased restrictions on religious gatherings, increasing maximum attendance from 100 to 300 persons. St. Mary’s Cathedral in Sydney was granted an exemption from the NSW government’s 100-person cap on religious services to hold a larger ordination mass on September 19. In October, the Premier of Victoria State, citing public health recommendations, defended his government’s decision to ease restrictions in areas of Victoria outside the city of Melbourne on hospitality venues but not on religious gatherings. The leaders of several prominent religious groups criticized the decision.
State and territory governments administered grant programs supporting multicultural and multifaith communities throughout the country. In response to COVID-19, the Victoria state government provided grants to religious communities to upgrade their IT infrastructure to enable digital services in their facilities. In August, the Victoria government announced new grants to fund projects and IT capabilities for online cultural and religious festivals.
In February, several Hindu groups criticized comments made by Treasurer of Australia Joshua Frydenberg regarding the opposition Labor Party’s proposed “wellbeing budget” as demeaning to the Hindu religion, with the Hindu Council of Australia calling the comments “brazen, racist, and Hindu-phobic.” Frydenberg subsequently apologized for any offense taken by his depiction of an opposition spokesperson delivering his wellbeing budget after descending barefoot from an Ashram in the Himalayas.
When a new law requiring religious leaders to report suspicions of child abuse discovered through confession came into effect in February, a spokeswoman for the Catholic Archdiocese of Melbourne said the Church “fully supported” mandatory reporting. She declined to comment on the Archbishop of Melbourne’s previous position, in which he indicated he would refuse to comply with such a law. Queensland enacted similar laws in September. The Catholic Archbishop of Brisbane criticized the laws as making priests “less a servant of God than an agent of the state.” The laws in Victoria and Queensland followed similar legislation passed in South Australia (2017), Tasmania (2018), Western Australia (2019), and the Australian Capital Territory (2019).
In April, Roman Catholic Cardinal George Pell won an appeal in the country’s highest court that nullified his conviction for child sexual abuse. The High Court of Australia’s decision was unanimous in its ruling that the jury ought to have had reasonable doubt about Pell’s guilt based on testimony from other witnesses. Pell had been found guilty by a Victoria court in 2018, sentenced to six years’ imprisonment, and required to register as a sex offender. After his release, victims’ advocacy groups and others criticized the verdict. The same night Pell was released, the cathedral in Melbourne was vandalized with graffiti that included calls for the cardinal to “rot in hell.” A tricycle was tied to the fence of the monastery where Pell spent his first night following his release from prison.
In late 2019, the Victoria state parliament opened an inquiry into existing antivilification laws, examining the potential for the expansion or extension of protections. The stated purpose of the inquiry was to examine the effectiveness of the Racial and Religious Tolerance Act 2001, seek evidence of increasing vilification and hate conduct in Victoria, and examine online vilification. The inquiry was due to report back on September 1, but the deadline was extended to March 1, 2021 due to the COVID-19 pandemic. Speaking to the media about the inquiry, Premier Daniel Andrews said, “Anti-Semitism is on the rise – that is a fact.” Sources said the review would also consider a prohibition on publicly displaying anti-Semitic iconography, such as swastikas.
In August, the NSW state parliament began an inquiry into the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020, proposing to make discrimination on the ground of a person’s religious beliefs or activities unlawful. Equality Australia criticized the bill for privileging “the interest of some people and institutions over the rights of others, including LGBTIQ+ people, women, people with disabilities, and even people with different or no beliefs,” by allowing organizations “to discriminate in employment, education, and service provision against others with different or no beliefs, even when religion has no relevance to the role…” The Anglican Church Diocese of Sydney welcomed the attempt to protect citizens from discrimination on the basis of religious belief. The inquiry received 144 public submissions.
Muslim immigrants detained in Brisbane filed a complaint in September with the Australian Human Rights Commission, saying they had not been given certified halal food for more than 12 months. The detainees stated that their caterer confirmed to them that the food was not certified halal.
Due to what they stated was an increasing number of students in NSW public schools who do not identify with a religion, some education groups continued to advocate for the removal of Special Religious Education classes from high schools. According to the NSW Teachers Federation, “School time is for teaching and learning, and special religious instruction should not be interrupting the crucial learning of students during the school day.” Government-approved Special Religious Education providers included representatives of Christian denominations, Islam, Judaism, Buddhism, and other religious groups. The NSW government requires schools to provide “meaningful alternatives” for students whose parents withdraw them from Special Religious Education, which could include courses in ethics. At year’s end, Special Religious Education remained in place in NSW public schools.
The Australian Multicultural Council continued to provide guidance to the government on multicultural affairs policy and programs. The government’s national multicultural policy, Multicultural Australia – United, Strong, Successful, continued to be based on a government-wide approach to maintaining social cohesion, and included religious freedom as a component.
The government continued to begin each session of parliament with a recitation of a short prayer, followed by the Lord’s Prayer, as has been the practice since 1901. Participation in the prayers remained optional.
Section III. Status of Societal Respect for Religious Freedom
In October, Stipe Lozina, who punched and stomped on a pregnant Muslim woman in 2019, was sentenced to three years in prison. Media reported that Lozina shouted “anti-Islamic hate speech at the victim and her friends” during the attack.
In January, a household in Victoria State prominently flew a swastika flag for several weeks. Neither the local council nor the police could require the flag’s removal, but a spokesperson for Victoria Police said it had been taken down after discussions with the homeowners, who stated they were not aware the flag could cause offense.
Sources stated that the COVID-19 pandemic enabled conspiracy theorists, neo-Nazi sympathizers, and far-right hate groups to introduce new avenues of attack on religious organizations. In August, during Victoria State’s second wave of COVID-19, a cluster of cases emerged at the Islamic Al-Taqwa College. Principal Omar Hallak told media that references to the “Al-Taqwa cluster” by state leadership, including Premier Daniel Andrews, had instigated online attacks from hate groups.
On July 17, the Australian Muslim Advocacy Network expressed concern to a Senate inquiry into foreign interference that “right-wing extremist rhetoric” was being brought into the country through various social media platforms. The network also stated that there were 12 fringe political parties in the 2019 federal election that ran on platforms that supported “discriminatory anti-Muslim polic[ies.]”
The NSW Attorney General’s Department told the state parliament that it was aware of three instances of swastika flags being flown in the state during the year.
There were reports that anti-Semitic rhetoric increased during the COVID-19 pandemic. In one well publicized incident, Victoria State Premier Daniel Andrews was targeted with anti-Semitic graffiti reading “Stop Dan Andrews,” with a Star of David replacing the “a” in “Dan” and a swastika replacing the “s” in “Andrews.” The Australian Jewish News reported that anti-Semitic content was posted online that included statements that blamed Jews for the COVID-19 pandemic and called it the “Jew Flu.” Anti-Defamation Commission chairman Dvir Abramovich warned that COVID-19 was fueling “anti-Semitic and hateful conspiracy theories blaming Jews for the pandemic.”
In June, an NSW man was jailed for 10 months for posting threats against Muslims on social media.
The Anti-Defamation Commission reported a Jewish man and his son were subjected to anti-Semitic verbal abuse in Melbourne in July. The two were standing on a busy road when a man began yelling at them, calling them “Jew dogs.”
In July, the Victoria Department of Education launched an investigation into anti-Semitic bullying at Brighton Secondary College, where two Jewish brothers said they were regularly the subjects of verbal and physical abuse, including taunts of “Heil Hitler” from students, as well as comments from teachers referring to Israel as “Palestine.” The brothers said they made numerous reports to teachers but no serious action had been taken.
In August, a Jewish Uber driver in Melbourne reported that a passenger asked him if he was Jewish. When the driver confirmed his religion, the passenger asked that the car be stopped, since he “did not want a Jew to drive him,” and as the car pulled over, the passenger verbally abused the driver with insults, including “Jewish scumbag.” Uber removed the passenger’s access to the app and the driver filed a complaint with Victoria Police.
On January 24, Islamic scholar Ismail al-Wahwah of the Australian chapter of Hizb ut-Tahrir delivered a sermon, later uploaded on YouTube, that denied the Holocaust and called for world domination by Islam.
The Executive Council of Australian Jewry reported 331 anti-Semitic incidents involving threats or abuse during the year, compared with 368 the previous year. According to the council, there was an increase in several more serious categories of incidents, including physical assault (eight, compared with four in 2019) and direct verbal abuse, harassment, and intimidation (128, compared with 114 in 2019). Graffiti reports declined to 42, compared with 95 in 2019.
The Community Security Group released a report on anti-Semitic incidents in 2019 in which it stated there were 451 reported incidents throughout the country, a 31 percent increase over the 343 incidents reported in 2018.
In May, vandals sprayed swastikas on a golf course in Melbourne that was originally founded by Jews nearly seven decades ago because they were not allowed to play at other clubs.
The Victoria State Equal Opportunity and Human Rights Commission received 36 complaints involving religion from July 2019 to June 2020, a 36 percent decrease from the previous year. Of these complaints, half occurred in the provision of goods and services, and just over a third occurred in employment. Complaints relating to employment under the Equal Opportunity Act and Racial Religious Tolerance Act decreased 28 in 2018/19 to 20 in 2019/20.
Section IV. U.S. Government Policy and Engagement
The embassy and consulates general engaged government officials and a wide range of religious leaders, faith communities, and groups to promote religious freedom. This included engagement with members of the country’s Uyghur community, some of whom have reported harassment by the Chinese Communist Party in the country.
Section I. Religious Demography
The U.S. government estimates the total population at 8.9 million (midyear 2020 estimate). According to religious groups and December 2019 figures from the government’s Austrian Integration Fund, Roman Catholics constitute 56 percent of the population, and Muslims – predominantly Sunni – 8 percent, while approximately 25 percent is unaffiliated with any religion. According to estimates from the fund and religious groups, Eastern Orthodox churches (Russian, Greek, Serbian, Romanian, Antiochian, and Bulgarian) constitute 5 percent of the population, and Protestants (Augsburg and Helvetic confessions) 3.2 percent. Groups that together constitute less than 5 percent of the population include Jehovah’s Witnesses, Jews, and other Christian and non-Christian religious groups.
Section II. Status of Government Respect for Religious Freedom
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 IGGO; Old Catholic Church; IKG; Eastern Orthodox Church (Bulgarian, Greek, Romanian, Russian, Serbian, and 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: donors do not pay taxes on donations 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 a surveillance charge, otherwise payable when the state provides security to religious groups, and a municipal administrative fee for garbage collection and other municipal services. 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, which the law does not define.
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 17,700 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 10 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, United Pentecostal Community of Austria, and Sikhs.
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 and tax free for the groups receiving 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 IGGO 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 (compliance with which is determined by the Office for Religious Affairs in the Federal Chancellery), 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 and not violate federal law. 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 IGGO 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, since they were enacted at different times over a span of approximately 140 years. As with the Muslim community, a law provides explicit protections for Jewish religious practices, including circumcision and ritual slaughter.
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 ($180) fine but does not entitle police to remove the face covering.
Until a Constitutional Court ruling in December struck it down, the law banned headscarves and other head coverings for children in elementary schools. The ban exempted kippahs and Sikh patkas. Prior to the Constitutional Court ruling, in some federal states, parents of children in violation of the ban were subject to fines of up to 440 euros ($540).
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 the respective religion classes is mandatory for all students who are members of those religious groups unless they formally withdraw at the beginning of the school year; students younger than age 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 is also treated in other courses such as civics.
The Equal Rights Agency, an independent agency falling under the jurisdiction of the Federal Chancellery Minister for Women and Integration, 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 August, a 2019 amendment of the Citizenship Act that extends citizenship to descendants of Austrian victims of Nazi crimes entered into force. Direct descendants, such as children, grandchildren, or great grandchildren of victims, may obtain citizenship by reporting to Austrian consulates. Dual citizenship is also possible.
The law bans certain symbols the government considers extremist, including those pertaining to the Muslim Brotherhood, ISIS, al-Qa’ida, and the Croatian Ustasha.
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 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. Foreign religious workers belonging to religious societies also require immigrant visas but are exempt from the quota system. Religious workers from Schengen or EU-member countries are exempt from all visa requirements.
The country is a party to the International Covenant on Civil and Political Rights.
In December, the government granted Sikhs status as a confessional community, after they had applied for the status in 2019.
On December 11, the Constitutional Court ruled that the ban on headscarves introduced in 2019 for children in elementary school was unconstitutional because it singled out Muslim students. Judge Christoph Grabenwarter told the Catholic News Agency that the ban carried the risk of “hindering Muslim girls’ access to education and more precisely of shutting them off from society.” The ruling was based on complaints that two Muslim families, supported by the IGGO, filed in January. The complaints stated the ban interfered with religious freedom and the right to raise children in a religious manner and called for lifting the ban. After the ruling in December, the government abandoned a proposal, first made in January, to expand the ban to middle school students up to age 14, and possibly to teachers.
Scientologists 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 Scientologists and members of the Unification Church. A scientologist representative stated that the office provided biased information against the Church of Scientology when counseling its clients by not including sufficient input on how Scientologists view themselves. The office was nominally independent but government-funded, and the Minister of Labor, 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. 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.
On November 2, Kujtim Fejzullai, a man described as an ISIS supporter, shot and killed four persons and injured 22. Police killed the gunman. Chancellor Kurz called the incident “clearly an Islamist terror attack,” and said, “We will create a ‘criminal offense’ called political Islam … to take action against those who are not terrorists themselves, but who create the breeding ground for them.”
On December 16, the government presented draft legislation to parliament that would introduce a new statutory offense banning “religiously motivated extremism.” The legislation would also oblige the IGGO to present registries of all its mosques and imams to the government and speeds up processes enabling the government to close down radical mosques. It would also raise fines for Muslim organizations failing to provide information on their accounts and more strictly monitor how Muslim organizations are financed. Interior Minister Karl Nehammer called the legislation a “strong signal against extremism.” On December 18, the government sent the draft legislation for a six-week review to stakeholders and legal experts.
In the aftermath of the November attack, the government and the IGGO agreed to close the Tewhid Mosque, registered with the IGGO, which Fejzullai attended. According to a government spokesperson, the Tewhid Mosque lacked “a positive attitude toward Austrian society and the state” as required by the law governing relations between the government and Muslim groups. The government also closed an unregistered facility, the Melit Ibrahim Association, used as a mosque and also attended by Fejzullai and other persons previously convicted on terrorism charges.
In a separate police action in November, authorities raided homes, businesses, and associations that they said were affiliated with the Muslim Brotherhood, as well as Hamas, arresting 30 individuals. The Office of the Public Prosecutor stated the raids were preceded by “extensive and intensive investigations lasting more than a year” and had “no connection with the terrorist attack in Vienna on November 2.” Individuals detained in the raids, who were reportedly questioned and released, told media the raids were “mere guesswork by the police” and that there was no evidence of terrorist financing.
In July, Integration Minister Susanne Raab established a new office in the Federal Chancellery with the stated aim of combating political Islam and documenting religiously motivated Islamic extremism, including scientific research on the structures of various Muslim organizations. Raab stated the new office was not directed against Islam itself, but only against the “extremist ideology of political Islam.” IGGO President Uemit Vural criticized the government for not including the IGGO in the planning of the office and called for expanding the office’s mandate to include all forms of religiously motivated extremism and racism. Vural also said establishment of the office demonstrated the government’s “hostile attitude” toward Muslims in the country.
At year’s end, the government had not closed the Vienna-based, Saudi Arabia-funded King Abdullah bin Abdulaziz International Center for Interreligious and Intercultural Dialogue. In 2019, the foreign ministry announced it would close the center, consistent with a nonbinding parliamentary resolution calling on it to do so because of Saudi Arabia’s human rights record.
In October, revenue authorities reported investigating 211 Turkish/Islamic associations in the country since 2019 and finding a large number of instances of tax evasion. Revenue authorities stated they would strip 40 percent of these associations of their charity status, since they abused that status to conduct business activities. The Turkish Islamic Union for Cultural and Social Cooperation (ATIB) and the Islamic Federation, an organization affiliated with the Turkish Islamic group Milli Gorus, criticized the announcement.
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 and 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. ATIB reported in April that, because of the ban on foreign financing, it had no imams in half of its 65 mosques. There were no reports that other religious groups faced similar problems in obtaining residence permits for their foreign clerics, although the government stated the restrictions on foreign funding applied to all religious groups.
In September, Federal Chancellery Minister for the EU and Constitution Karoline Edtstadler announced the government was developing a national strategy to combat anti-Semitism and would establish a new office in the Federal Chancellery to coordinate measures by all ministries to implement the new strategy. At year’s end, the government had not yet announced the strategy or established the office.
In a resolution adopted unanimously in February, parliament called upon the government to condemn and end any support for the BDS movement against Israel. The resolution stated that parliament condemned any form of anti-Semitism, including Israel-related anti-Semitism. IKG President Oskar Deutsch said he welcomed parliament’s initiative to counter anti-Semitism “veiled as criticism of Israel.”
Jewish leaders condemned the FPOe’s appointment of Johannes Huebner to the Bundesrat, the upper house of parliament, due to an anti-Semitic comment he made at a 2016 political rally in Germany. Moshe Kantor, President of the European Jewish Congress, said, “It is unconscionable that a renowned anti-Semite would be given such a respectable position,” while IKG President Oskar Deutsch commented, “The political return of Mr. Huebner is a confirmation of the lack of credibility of the Freedom Party.”
In December, parliament passed a law on hate speech, effective January 1, 2021, requiring online platforms to identify and delete posts considered to be hateful or defamatory. The platforms may be sued in court for failing to remove posts that plaintiffs allege are hateful or defamatory. The legislation received widespread support from civil society groups, including Amnesty International and the Association for Civil Courage and Anti-Racism. National media reported the legislation was partly motivated by an increase in online hate speech and government advocacy for better protection of victims, including by Justice Minister Alma Zadic (Green Party), who was born in Bosnia and Herzegovina and had been a target of online hate speech during the year.
Following the assault against a Jewish leader in the Styrian capital Graz in August, police provided additional protection to the Graz Jewish community. Police also continued to provide extra protection to the Vienna Jewish community’s offices and other Jewish community institutions, such as schools and museums throughout the country, to combat historically higher numbers of incidents directed at Jewish institutions. In addition, Integration Minister Raab announced special measures to combat anti-Semitism among immigrants and refugees, in cooperation with the IKG. These included special courses on anti-Semitism for refugees in the context of mandatory integration classes and expanding a program for Jewish youth to visit schools to talk about Judaism.
The governing coalition agreement between the People’s Party (OeVP) and Green Party, presented in January, stated the government was committed to fighting anti-Semitism and that the country would not support any initiatives or resolutions in international organizations that ran counter to its commitment to the state of Israel.
Following the IKG’s presentation of its annual report on anti-Semitic incidents in 2019, Chancellor Kurz stated in May that the country must be “even more united and determined in fighting any form of anti-Semitic tendencies.”
The international NGO Anti-Defamation League continued to conduct teacher-training seminars on Holocaust awareness with schools in the country, reaching approximately 100 teachers. School councils and the Ministry of Education, Science, and Research again invited Holocaust survivors to talk to school classes about National Socialism and the Holocaust.
In October, the government announced it would provide 200,000 euros ($245,000) for the maintenance and restoration of the historic Waehring Jewish cemetery in Vienna over the next three years. Chancellor Kurz had promised aid for the cemetery in 2018. IKG President Deutsch welcomed the support. President Alexander Van der Bellen also visited the cemetery in September with Deutsch and stated it was “Austria’s duty to maintain the cemetery.”
In a video message from Jerusalem ahead of the World Holocaust Forum in January, President Van der Bellen deplored the rise of anti-Semitism in Europe and pledged continued engagement to fight it: “Racism, anti-Semitism, human degradation must never again become political instruments.” While many Holocaust victims were Austrians – predominantly Jews – Austrians were also perpetrators, Van der Bellen stated.
Following slogans on FPOe posters for the Vienna municipal election in October that equated traditionally dressed Muslims with radical, violent Islamism, the Association of Social Democrat Academics filed incitement charges against the FPOe in Vienna with the Vienna Prosecutor’s Office. The association stated that the posters violated human dignity and religious freedom. The case was pending at year’s end.
In September, the Vienna public prosecutor requested lifting the immunity of FPOe Third Parliamentary President Norbert Hofer after Hofer stated at a June party rally that the Quran was more dangerous than COVID-19. The IGGO filed charges against Hofer of denouncement of religious teachings and incitement. In October, the case was dismissed after the parliamentary immunity committee decided against lifting Hofer’s immunity, stating he made the statement in the context of his political activity.
Following clashes in Vienna between Turkish nationalists and Kurdish groups in July, FPOe Secretary General Michael Schnedlitz said he considered his party “a weed killer against unlimited immigration.” Three parliamentary parties – the Social Democrats (SPOe), Greens, and NEOS – condemned the language as “Nazi rhetoric” and called for Schnedlitz’s resignation. Vienna FPOe Chairman Dominik Nepp stated Schnedlitz had been misunderstood and that he had not equated immigrants with weeds.
Following the outbreak of COVID-19 cases in refugee shelters in Vienna in May, Nepp called COVID-19 an “asylee virus” and “intolerable.”
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.
According to statistics presented by Foreign Minister Alexander Schallenberg in December, the government granted citizenship to 633 descendants of Austrian victims of Nazi crimes, including persons from the United States, Israel, and Great Britain.
The country is a member of the International Holocaust Remembrance Alliance.
Section III. Status of Societal Respect for Religious Freedom
According to the Ministry of Interior, there were 13 anti-Semitic and six anti-Muslim incidents reported to police in the first half of the year. In all of 2019, there were 30 anti-Semitic and six anti-Muslim incidents, compared with 49 and 22 such incidents, respectively, in 2018. Most incidents, according to the ministry, involved hate speech. Government figures included only cases where authorities filed criminal charges. The ministry did not provide details on any of the incidents.
The IGGO’s Documentation Center on Islamophobia and Anti-Muslim Racism reported 1,051 anti-Muslim incidents in 2019, while the IKG reported 550 anti-Semitic incidents in the same year. The data were the most recent available. Both groups included incidents regardless of whether they were reported to police or criminal charges were filed.
In September, the EU Agency for Fundamental Rights (FRA) released an overview of anti-Semitic incidents covering January 1, 2009 – December 21, 2019 across EU member states where data from official and unofficial sources were available. According to FRA, the overall trend for recorded anti-Semitic offenses in Austria was increasing, despite the decrease in the number of offenses from 49 in 2018 to 30 in 2019. In the period 2009-19, recorded cases of anti-Semitic offenses reached a peak of 58 in 2014.
In August, a Syrian living in the country attempted to assault Graz Jewish Community President Elie Rosen with a baseball bat. Rosen escaped to his car uninjured. The suspect also vandalized the Graz synagogue and an LGBT community center. Police arrested the man, who was awaiting trial at year’s end. The Chancellor, Vice Chancellor, federal ministers, governors, opposition leaders, and religious representatives stated there was no place for anti-Semitism in the country. IGGO President Vural stated that “we must be determined and united in fighting anti-Semitism.” Following the incident, the IKG reiterated its concern regarding what it described as anti-Semitism by Muslims in the country and participated in government programs to address anti-Semitism among refugees and immigrants.
In March, two unidentified youths attacked a Jewish teen wearing a Star of David ring in the Styrian provincial capital Graz, shouting, “Are you a Jew?” The victim was treated in a local hospital for cuts and bruises to his face. Police had not identified the assailants by year’s end.
In November, according to press reports, a woman accosted a Jewish rabbi at knifepoint, knocking the skullcap off his head, ripping it, and yelling anti-Semitic insults before fleeing. Police were unable to find the woman. Interior Minister Nehammer condemned the incident as an “attack on Jewish life in Vienna,” and the agency that investigates acts of extremism and terrorism took over the case.
The IGGO reported that the number of anti-Muslim incidents almost doubled in 2019 to 1,051, compared with the 540 reported in 2018. In 2015, the first full year in which it collected such statistics, IGGO reported 156 anti-Muslim incidents. Most 2019 cases (700) concerned hate speech and insinuations of violence on the internet, followed by insulting language and property damage. Six cases involved physical assaults. Men were more likely to face anti-Muslim behavior on the internet, while Muslim women were more likely to face it in person. According to the report, in October 2019, a man who had posted threatening comments on social media was caught bringing a knife to a university lecture; in February 2019, a man slapped a Muslim woman in the face on a streetcar; and in May 2019, a man wrote on social media “ragheads, shut up or go home.” Property damage cited in the report consisted primarily of graffiti, with slogans such as “[expletive] Islam” on toilets, public walls, or elsewhere.
The IKG reported anti-Semitic incidents increased by 9 percent in 2019, compared with the 503 cited in 2017 (it did not publish figures for 2018). Most of the reported incidents concerned insulting behavior, followed by mass mailings/internet, property damage, and threats. Six reports concerned physical assaults. According to the report, in one case of assault in October 2019, a teenager kicked a Jewish teenager wearing a kippa on the subway and insulted him; the Jewish teenager ran away. In December 2019, a man in a subway shouted “[expletive] Jews” to two Jewish teenagers wearing kippas, adding, “If I see you again, I will kill you.”
A report presented in June by the NGO Initiative for Discrimination-Free Education listed a total of 403 cases of discrimination in schools in 2019 and attributed 43 percent of these cases to religion, with 73 percent of those cases connected to what the NGO called Islamophobia and 25 percent to anti-Semitism. The remaining 2 percent involved discrimination against atheists. Examples included pressure on a Muslim religion teacher to participate in extracurricular activities by other teachers, who stated that the teacher otherwise was “not integrated in Austria.” The NGO classified the incident as discrimination based on religion. In another example, school pupils posted Nazi symbols in their WhatsApp group. The NGO stated the headscarf ban in elementary schools was discriminatory.
In 2019, the most recent year for which data were available, the government recorded 740 investigations into cases of incitement to hatred based on national origin, race, or religion and 43 convictions, compared with 1,005 investigations into cases and 72 convictions in 2018. The government did not provide information on how many of the cases involved religion.
The organizers of the annual May gathering of Croatians and Bosnians in Bleiburg to commemorate Nazi-allied Croatian troops and civilians killed in 1945 canceled the event due to COVID-19 concerns. In a parliamentary resolution passed in May, the OeVP, SPOe, Greens, and NEOS called on the Ministry of Interior to prohibit the event in coming years.
In August, a court in the Lower Austrian capital of St. Poelten convicted a former FPOe member of the provincial legislature on charges of neo-Nazi activity and issued him a 12-month suspended prison sentence. On April 20, 2014, the 125th birthday of Adolf Hitler, the man had written on Facebook “congratulations to all whose birthday is today.”
In August, in a separate case, a court in St. Poelten convicted a former local FPOe politician in Melk on charges of neo-Nazi activity, issuing a 15-month suspended prison sentence. The man had displayed the Nazi salute on several occasions in 2014 and had shouted “Heil Hitler.”
In March, a court in the Carinthian capital of Klagenfurt convicted a man on charges of neo-Nazi activity and sentenced him to 18 months’ imprisonment. The man had neo-Nazi tattoos and had called for “reopening concentration camps” on Facebook in 2010.
In an interview in May, the Secretary General of the IKG, Benjamin Naegele, stated that anti-Semitic sentiments occasionally surfaced at demonstrations against COVID-19-related restrictions or in debates about COVID-19 in social media. Naegele did not provide details or examples.
Fourteen Christian groups, consisting of the Roman Catholic Church, various Protestant denominations, and eight Orthodox and Old Oriental Churches, continued to meet twice a year within the Ecumenical Council of Churches in Austria to discuss religious cooperation. Baptists and the Salvation Army had observer status on the council. Two permanent working groups on “Religion and Society” and “Media” remained in place.
Section IV. U.S. Government Policy and Engagement
The U.S. Ambassador and other embassy representatives met regularly with government officials, including from the Federal Chancellery’s Office of Religious Affairs, the Department for Integration and Division of Dialogue of Cultures at the Ministry of Foreign Affairs, and the Ministry of Interior, to discuss religious freedom and the protection of religious minorities. Topics discussed included the concerns of religious groups, integration of Muslim refugees, cooperation with religious groups in combating terrorism, and measures to combat anti-Semitism and anti-Muslim sentiment.
The Ambassador met with religious group representatives from the IGGO, IKG, Roman Catholic Church, Protestant churches, and various Orthodox churches to discuss their relations with the new coalition government, instances of discrimination, and interreligious dialogue, as well as how their communities were handling the COVID-19 crisis. Embassy officers also met with youth groups of religious organizations to discuss issues such as anti-Semitism and anti-Muslim sentiment.
The embassy continued to engage with and support the Jewish community to discuss ways of promoting religious tolerance and combating anti-Semitism. The embassy hosted a university seminar on “The Jewish Entrepreneurs of Hollywood,” which showed how religiously persecuted groups could succeed and counter the religious intolerance of others. Embassy representatives continued to serve on the International Advisory Board of the Mauthausen Memorial Agency to promote remembrance of the Holocaust and Holocaust education. In November, the Department of State Deputy Special Envoy for Holocaust Issues made a presentation to the advisory board on the challenges museums, memorials, and other institutions face in organizing Holocaust remembrance activities during the COVID-19 pandemic.
The embassy continued its engagement with the Muslim Youth Organization of Austria to promote religious dialogue and tolerance. The embassy nominated three members of the organization to participate in a training program that covered how NGOs can counter violent extremism and promote religious tolerance online.
In August, the U.S. Secretary of State, accompanied by the Ambassador, IKG President Deutsch, and Roman Catholic Cardinal Christoph Schoenborn, laid a wreath at the Vienna Holocaust Memorial in remembrance of the 65,000 Austrian Jews killed in the Holocaust.
In May, the Ambassador and the U.S. Department of State Special Envoy for Holocaust Issues recorded video messages for the virtual commemoration of the liberation of the Mauthausen concentration camp. In their remarks, they stressed the importance of religious freedom, Holocaust remembrance, and never forgetting the horrors of the Nazi regime to ensure they are never again repeated.
Section I. Religious Demography
The U.S. government estimates the total population at 37.7 million (midyear 2020 estimate). According to the 2011 census, which has the most recent data available on religion, approximately 67 percent of the population self-identifies as Christian. Roman Catholics constitute the largest Christian group (38 percent of the total population), followed by the United Church of Canada (6 percent), Anglicans (5 percent), Baptists (1.9 percent), and Christian Orthodox (1.7 percent). Presbyterian, Lutheran, and Pentecostal groups each constitute less than 2 percent of the population. The Church of Jesus Christ of Latter-day Saints estimates its membership at 199,000. The Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS Church) estimates its membership at 1,000. The Hutterites, or Hutterite Brethren, numbering approximately 35,000, are an Anabaptist ethnoreligious group living primarily in Alberta, Manitoba, and Saskatchewan Provinces. Approximately 3 percent of the population is Muslim, and 1 percent is Jewish. Buddhists, Hindus, Sikhs, Scientologists, Baha’is, and adherents of Shintoism, Taoism, and aboriginal spirituality together constitute less than 4 percent of the population. Approximately 24 percent of the population lists no religious affiliation.
Section II. Status of Government Respect for Religious Freedom
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 2019 prohibits certain provincial 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 law 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 laws 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.
In November, the Quebec Court of Appeal reduced the sentence of a Quebec man to 25 years before eligibility for parole from 40 years after he pled guilty in 2018 to six counts of first-degree murder for killing six worshippers at the Islamic Cultural Centre of Quebec in 2017. Twenty-five years without parole eligibility is both the minimum term for first-degree murder and the customary maximum. The court ruled the original 40-year term was “grossly disproportionate” and struck down the law permitting consecutive maximum 25-year life sentences without parole as unconstitutional. The court stated its decision pertained to the constitutionality of the law and the arbitrary nature of the sentencing judge’s calculation of the sentence, not to the gravity of the crime. The original sentencing judge had rejected the prosecution’s recommendation for consecutive sentences for the six victims for a total of 150 years as constituting cruel and unusual punishment under the Canadian Charter of Rights and Freedoms. Both the convicted man and the prosecution had appealed the 40-year sentence.
Provinces temporarily banned in-person religious gatherings or imposed restrictions limiting the number of persons permitted to gather to stem transmission of COVID-19 that varied by province. Restrictions fluctuated during the pandemic, based on local conditions. For example, in March, Ontario temporarily banned gatherings of more than five persons for any purpose, including for religious assembly, and then in May, the province loosened some rules, including allowing drive-in worship services, after religious leaders of multiple faiths signed a joint letter to the Premier of Ontario asking for changes for religious groups due to the impact of these limits on religious assembly. Ontario permitted spaces of worship to reopen in June, subject to a 30 percent cap of the capacity of their room or structure. Ontario then tightened regulations on gatherings for any purpose as of September 30 due to an increase in COVID cases in the province, limiting them to 50 persons or fewer in indoor licensed facilities or to 10 individuals or fewer in private facilities, but permitted spaces of worship to retain their ability to host up to a 30 percent cap of capacity indoors and a maximum of 100 persons outdoors. On December 21, Ontario announced additional restrictions on gatherings effective December 26, which included a limit of 10 persons at religious services, funerals, and weddings, whether they occurred indoors or outdoors. Other provinces, such as British Columbia and Alberta, allowed religious gatherings of up to 50 persons as long as physical distancing could be maintained; however, in November, British Columbia prohibited in-person religious services, except for time-sensitive events such as funerals, marriages, or baptisms, with a limit of 10 persons due to a rise in COVID-19 case numbers. Separately, in May, four Toronto-area Orthodox rabbis sent a letter to the Premier arguing the province’s cap on gatherings of five persons prevented Orthodox Jews from meeting their religious obligation for a quorum of 10 males to pray.
In September, Quebec reduced the number of persons who could gather in public places, including places of worship, to 25 to 250 persons in specific regions of the province calibrated to the number of cases of COVID-19 locally, although where settings involved little talking or singing the higher cap of 250 persons applied. In September, a group of Quebec leaders representing various faiths issued a public statement asking for all places of worship to be subject to the 250-person limit. Quebec faith leaders said the province did not consult with religious groups before imposing limits on assembly for religious observance and that the lower limits applied to religious compared to some nonreligious venues constituted discrimination. In November, the Quebec government proposed a “Christmas reprieve” allowing limited social gatherings for Christmas celebrations. Leaders of other faith groups said the decision discriminated against their faiths because the province had not lifted public health restrictions during the year for celebrations of their religious holidays. In December, the government reversed its decision, citing a surge in COVID-19 cases. Also in December, an Alberta judge dismissed an emergency application by two Southern Baptist churches and individuals for a temporary injunction to suspend provincial restrictions to allow for in-person religious and seasonal celebrations of Christmas pending a hearing of their suit, filed earlier the same month, to strike down the restrictions as undemocratic and as a violation of constitutional rights to religious freedom. The judge ruled the public interest outweighed the restrictions of rights and that the application did not meet evidentiary benchmarks to grant an injunction. The court did not hear the suit by year’s end.
In April, some members of the Kiryas Tosh Hasidic Jewish community in Broisbriand, a suburb of Montreal, said they faced police and societal discrimination after local police enforced a mandatory quarantine on the 4,000-member community in response to a significant outbreak of COVID-19 cases among its members. The Kiryas Tosh community had initiated a voluntary self-quarantine that the local municipality made mandatory in late March and applied to “the Jewish community” rather than a geographical area. The quarantine confined residents to their homes except to buy food at community stores or in case of medical emergency. Religious gatherings were initially cancelled per an order by the Quebec government that extended to all faith groups across the province. Some residents said public officials and police singled out Jews in applying the local quarantine order and that the lockdown was disproportionate, and they expressed concern that local authorities and media stigmatized and inaccurately portrayed the Jewish community as responsible for transmitting COVID-19. Local media reported incidents of community members disregarding public health regulations. Other Hasidic community members said police acted appropriately, that the quarantine was imposed in coordination with community leaders, and that the restrictions did not prompt widespread concerns within the Hasidic community.
In October, the federal Royal Canadian Mounted Police (RCMP) reversed a policy that had assigned its officers who wear religiously-mandated beards to desk duty during the COVID-19 pandemic. Representatives of the World Sikh Organization (WSO) in September said the RCMP had failed for six months to respond to its complaint that the police force discriminated against its officers who wear religiously mandated beards. RCMP policy required active duty officers to wear respirator masks during the pandemic, and the force stated that facial hair prevented the masks from forming an effective seal. The WSO said other police forces in the country had made an accommodation for religiously-mandated facial hair, but the RCMP stated that as a federal police force, it was uniquely subject to the federal labor code and federal health and safety regulations requiring a clean-shaven face for proper use of the masks. Opposition parties raised the issue in the federal parliament. Prime Minister Justin Trudeau and federal Minister of Public Safety Bill Blair said the RCMP mask policy was discriminatory and directed the RCMP to find an “appropriate accommodation” to allow officers to serve their communities while practicing their faith. The RCMP permitted bearded officers to respond to operational calls wearing the facemasks in cases where supervisors determined the risk of exposure to COVID-19 was low or where multiple responding officers were present. The RCMP said it continued to work to procure a facemask that met operational and health and safety requirements without discriminating against members.
In November and December, the Quebec Superior (general trial) Court concurrently heard separate challenges by four groups of plaintiffs, including the National Council of Canadian Muslims, Canadian Civil Liberties Association, the English Montreal School Board, a Quebec teachers union, and individuals, to strike down as unconstitutional a provincial Quebec law prohibiting certain categories of government employees from wearing religious symbols while exercising their official functions. The Supreme Court, the country’s highest court of appeal, previously had declined to hear a request for an injunction to suspend the law passed in 2019. The law remained in force through year’s end. The plaintiffs stated a subnational government could not infringe on the fundamental and federally guaranteed constitutional rights granted to all citizens. Although the law applied to the wearing of religious symbols of all faiths, according to press reports, the legislation primarily excluded religious minorities whose religion mandates the wearing of religious symbols or dress from positions of authority, including in education and law enforcement. The press also said the legislation unfairly targeted Muslim women in the province who wear hijabs or other head coverings.
The National Council of Canadian Muslims, Canadian Civil Liberties Association, and an individual plaintiff contested the constitutionality of the law, stating that only the federal government could limit rights to religious observance and that the same principle should apply to a law that attempted to regulate religious nonobservance. The plaintiffs said the law discriminated against faith communities by limiting their ability to access public institutions, and the law’s definition of “religious symbols” was so vague it could not be applied consistently and was therefore discriminatory. The plaintiffs also challenged portions of the law prohibiting individuals from receiving certain government services with their faces covered. The three other organizations that filed separate challenges to the law were a multifaith organization on behalf of three teachers – a Catholic and two Muslims – who wore religious symbols; the English Montreal School Board, the largest English language school board in Quebec; and a Quebec teachers union representing 45,000 teachers. The English Montreal School Board applied for, and was granted, funding for its case through a publicly-funded federal court challenges program. The program was administered independently from the federal government by the University of Ottawa, which selected recipients for program funding based on the human rights significance of their case, but the Premier of Quebec declared the use of federal money to sue the Quebec government an “insult” to Quebec. In February, the Montreal English School Board decided not to accept the funding but continued with its suit.
In September, a Quebec judge who declined to hear a Muslim woman in court in 2015 unless she removed her hijab provided a written apology to complainant Rania El-Alloul. The apology was the result of a negotiated settlement that also terminated related disciplinary proceedings against the judge.
According to media reports, in April, the city of Mississauga, Ontario granted an exemption to its noise bylaws to permit local mosques to broadcast daily calls to prayer outdoors during the month of Ramadan to facilitate religious observance for persons unable or unwilling to worship indoors due to COVID-19. A Facebook group called “Mississauga Call to Prayer on LoudSpeaker Unconstitutional,” which included some self-identified secular Muslims and had 10,445 members as of August, objected to the allowance of the prayer in public spaces. The group launched a crowdfunding drive for a constitutional challenge to the exemption, but did not file suit by the end of the year. Hindu Forum Canada, a Mississauga-based nonprofit advocacy group, opposed the exemption on the grounds that Canada is a multifaith society. The call to prayer was the first time the broadcast was permitted publicly in the country. Other Ontario cities, including Toronto, Brampton, Hamilton, Windsor, and Ottawa, as well as Calgary and Edmonton, Alberta, and Vancouver, British Columbia, issued similar noise bylaw exemptions for Ramadan. Hindu Forum Canada subsequently reversed its opposition and sought and received a similar exemption from the Mississauga City Council for Hindu temples. The city granted an exemption for Hindu temples to broadcast hymns during three major Hindu festivals every evening at 7:00 p.m. for five minutes between August 11 and September 1.
In August, the Alberta Human Rights Commission ruled for the second time in favor of two Muslim students barred from praying at their nondenominational private school. The school had accommodated the boys’ request for prayer space briefly after enrolment in 2011 but withdrew permission on the basis that it contravened the school’s secular character. When the boys continued to pray, the school expelled them. The Alberta Human Rights Commission ruled the school had discriminated on the basis of religion and ordered the school to pay a 26,000 Canadian dollar ($20,400) fine in 2015. The school appealed, and the Alberta Court of Appeal overturned the commission’s finding and ordered a new hearing before the Alberta Human Rights Commission. The commission appealed the order to the Supreme Court, which declined to hear the case, returning it to the commission, which renewed its original finding of discrimination. According to media reports, the school said it would appeal the second finding of discrimination, stating the decision set a “dangerous precedent” in contravening its right to welcome students of all faiths, or no faith, in a secular environment and ignored the human rights of other students. In news reports, Imam Syed Soharwady of the Islamic Supreme Council of Canada said the school was demonstrating “arrogance and ego” and doing the wrong thing by “dragging on” the case, and should apologize and accept the decision.
In January, Quebec Education Minister Jean-Francois Roberge announced plans to abolish the province’s ethics and religious culture course, compulsory in all Quebec schools since 2008 and taught from grades 1 to 11, with the exception of Grade 9. He said the government believed there was “too much” religion in schools and the revision was “part of the government’s desire to offer students a modern citizenship education course” focused on secular “21st century themes” such as democracy, citizen engagement, legal education, sexuality, and ethics. In February, the government held consultations to solicit public comment on content for the new course. The government planned to test the new curriculum in some schools during the 2021-2022 school year and implement it in all Quebec schools in September, 2022. Observers stated the change aligned with the government’s wider vision of a “secular” Quebec, and was consistent with its passage of legislation prohibiting the wearing of religious symbols by provincial public employees.
In May, Public Schools of Saskatchewan filed an application with the Supreme Court to appeal a March ruling by the Saskatchewan Court of Appeal that the provincial government continue to fund non-Catholic students attending Catholic schools. The application remained pending through year’s end. The provincial appeal court unanimously overturned a 2017 lower court ruling that 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. The provincial government and the Saskatchewan Catholic School Boards Association welcomed the court of appeal ruling, but the public school plaintiffs stated the case had national implications, including for separate schools in Alberta and Ontario, and the conflicting judgments required clarity from the country’s top court.
In December, the Quebec Superior Court dismissed a request from a Jewish couple for a binding judgment that the province had failed to regulate schools and should provide a remedy to ensure children who attend private religious schools in the province receive an education compliant with the provincial curriculum. The court acknowledged past problems with the schools, but it ruled provincial education authorities acted in accordance with laws in place at the time. It stated the provincial government addressed challenges in 2017 by tightening regulations granting the province broader powers to close illegal schools or to intervene in cases where a child’s education was being neglected, and by allowing ultra-Orthodox children to register for home schooling with the secular curriculum to supplement their religious education. The provincial government further strengthened the regulations in 2019. The court stated the home schooling agreement for ultra-Orthodox Jewish communities was a success. The president of Quebec’s Jewish Association for Homeschooling said parents tried to balance the preservation of their faith with satisfying provincial educational requirements. A significant number of parents had signed home schooling agreements with the provincial education ministry since 2017 that included permitting their children to take provincial tests, and at least one religious school helped prepare its students for such exams.
According to the CanAm Hutterite Colony in southwest Manitoba, in July, provincial governments’ publication of COVID-19 outbreaks in Hutterite communal living settings led to cultural and religious profiling. Media reported that some Hutterites in Manitoba, Saskatchewan, and Alberta were denied service in commercial stores outside their colonies. The country’s chief public health officer and premiers of the three provinces stated publicly that surrounding communities should not stigmatize Hutterite colonies. The premiers and public health authorities said Hutterites were cooperating with testing, and were working with health officials to try to limit the spread of the virus. Some colonies adopted the wearing of masks and/or voluntarily restricted travel into and out of the colonies. In July, at the request of the CanAm Hutterite Colony and responding to the colony’s intention to file a human rights complaint, Manitoba ceased publicly identifying colonies where members had tested positive. Also in July, the Hutterian Safety Council wrote to the Saskatchewan government requesting the same discretion and questioning why Hutterite colonies were identified in case updates in press reports where the virus risk was contained, given that no other societal group was identified with specific outbreaks. Saskatchewan’s chief medical health officer said it was important to inform the public where new cases occurred. The province published updates on outbreaks by region, community name, known source of infection, and case status on its public COVID-19 dashboard, but not by societal or cultural group.
Eight lawsuits by religious and other organizations filed in 2018 that sought to reverse denial of their grant applications by the federal government under the Canada Summer Jobs Program remained pending before the Federal Court, with no hearing scheduled as of the end of the year. The federal government had denied their applications after the recipients would not sign an attestation the government imposed as a condition of receiving funding. The attestation required recipients to confirm that their core mandate and the summer jobs 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, including the right to abortion, reproductive and sexual health services, gender equality, sexual orientation, or gender identity or expression. The plaintiffs stated the attestation infringed on their rights to freedom of religion and of expression.
In February, a Quebec real estate broker asked the Quebec government to formally strike anti-Semitic clauses from archaic certificates of location and deeds of sale that prohibited sales of such property to “persons of Jewish origin.” The Supreme Court invalidated these covenants decades ago, but some remained on paper for older properties. A spokesperson for the Quebec Minister of Justice acknowledged the clauses were discriminatory and said the government “needs to do a more comprehensive legal analysis to assess what would be the best collective remedy.” The spokesperson advised owners who have the clause in their covenants to invalidate them in court or decline to apply them during the sale, but the real estate broker who brought the complaint said the responsibility lay with the government, not property owners. The broker said the government should enact legislation requiring notaries to strike the clauses from documents.
In November, Prime Minister Trudeau appointed the country’s first Special Envoy for Holocaust Remembrance and Combating Anti-Semitism. The Special Envoy was designated to lead the country’s delegation to the International Holocaust Remembrance Alliance (IHRA) and work domestically to promote Holocaust education, remembrance, and research. B’nai B’rith said it had advocated for the appointment of a Special Envoy as part of its “Eight-Point Plan to Tackle Anti-Semitism,” and it described the appointment as “a major step forward in the fight against anti-Semitism” in the country. On January 27, Prime Minister Trudeau issued a statement on International Holocaust Remembrance Day in which he said the country would continue to address a resurgence of anti-Semitism domestically and abroad. He said the government had adopted the IHRA definition of anti-Semitism in its anti-racism strategy; recommitted to the principles of the Declaration of the Stockholm International Forum on the Holocaust; and had supported the adoption of the 2020 IHRA ministerial declaration as part of these efforts. He also reaffirmed the country’s commitment to Holocaust remembrance and education. Also in January, the Governor General, the country’s vice-regal representative, attended the commemoration of the 75th anniversary of the liberation of Auschwitz-Birkenau in Poland, and the Fifth World Holocaust Forum, “Remembering the Holocaust: Fighting Anti-Semitism,” in Jerusalem.
The National Holocaust Remembrance Ceremony in Ottawa scheduled for April 21 was cancelled due to the COVID-19 pandemic. Prime Minister Trudeau issued a statement on Yom HaShoah, Holocaust Remembrance Day, in which he urged citizens to observe the day through virtual or other means and stated, “Sadly, acts of anti-Semitic violence are still frequent today, and it is our solemn duty to stand united and vigilant against all forms of anti-Semitism, hatred, and discrimination. We must be clear: attacks against the Jewish community are attacks against all of us. Today – and every day – we stand with Jewish communities here in Canada and around the world to vow, ‘Never Again’.”
In October, Ontario became the first province to adopt the IHRA definition of anti-Semitism, following its adoption by the federal government in 2019. Elsewhere, debate on the IHRA continued throughout the year. In January, Montreal Mayor Valerie Plante did not support a city council motion for the city to adopt the IHRA definition, stating to media that she was “absolutely not” rejecting the motion, but rather was suggesting Montreal formulate its own definition. Gail Adelson-Marcovitz and Reuben Pouplo, national President of the Centre for Israel and Jewish Affairs (CIJA) and cochair of CIJA-Quebec, respectively, issued a joint communique, stating, “We are deeply disappointed that Montreal Mayor Valerie Plante did not support the adoption of the most widely accepted definition of anti-Semitism. The mayor failed to seize the opportunity and show leadership on International Holocaust Remembrance Day to demonstrate that the City of Montreal is committed to combating anti-Semitism, which is rapidly increasing around the world.” Expressing support for the mayor’s position, members of the NGO Independent Jewish Voices (IJV) stated the IHRA definition was “designed to silence criticism of Israel and Zionism by equating this criticism with anti-Semitism and the wrong way to counter anti-Semitism.” In February, the Canadian Federation of Students endorsed IJV’s position on IHRA, stating the IHRA “infringes on both freedom of expression and academic freedom in post-secondary education campuses.” Other city councils, including the city council of Westmount, a Montreal suburb, and the city council of Vaughan in the Toronto area, endorsed the IHRA definition of anti-Semitism.
According to B’nai B’rith Canada, petitions sponsored by the organization prompted the city council of Ajax, Ontario in August to vote to rename a street in a new subdivision that commemorated the German battleship Admiral Graf Spee, and in November to vote to rename another street that commemorated the ship’s captain, Hans Langsdorff. The vessel and its crew fought for Germany in World War II. In July, B’nai B’rith Canada issued a joint call with the Canadian Polish Congress for the removal of monuments in Edmonton, Alberta and Oakville, Ontario, which the two organizations said honored Nazi collaborators.
Section III. Status of Societal Respect for Religious Freedom
There were reports of physical violence, vandalism, hate speech, and harassment directed at religious groups, in particular against Jews and Muslims. In December, Statistics Canada released hate crime statistics for 2019 that showed a 7 percent decline in the number of police-reported religiously motivated hate crimes, from 657 in 2018 to 608 in 2019.
In 2019, the most recent year for which there were statistics, the B’nai B’rith Canada League for Human Rights reported 14 cases of anti-Semitic violence, compared with 11 in 2018; there were 182 reports of vandalism, including the painting of swastikas and threatening messages on buildings, and 2,011 reports of harassment, compared with 221 and 1,809, respectively, in 2018. The league received 2,207 reports of anti-Semitic cases in 2019, compared with 2,041 reports of anti-Semitic cases in 2018, and 1,752 cases in 2017. More than 90 percent of the occurrences (2,011) involved harassment. Eighty-three percent of all incidents reported in 2019 occurred online or had an online component; the physical location and identities of those posting the online messages were unknown. Occurrences of in-person, compared to online harassment, nearly doubled between 2018 and 2019, rising from 8.6 percent to 16.8 percent, with 238 recorded incidents of bullying of Jewish students by their peers at primary and secondary schools. In 2019, while overall incidents increased across the country, there were significant reductions in all provinces except for Quebec and Ontario, which have the largest Jewish communities in the country. Ontario experienced the greatest increase (62.8 percent) in incidents between 2018 and 2019, from 481 in 2018 to 783 in 2019. Quebec had the largest total number of incidents for a second consecutive year, rising from 709 in 2018 to 796 (up 12.3 percent) in 2019.
According to media reports, on September 18, police charged a male suspect with first degree murder in the killing of a congregant in the parking lot of the International Muslim Organization of Toronto mosque in Rexdale, a Toronto neighborhood, on September 12. The mosque’s security video captured the attack. In the recording, an intruder approached and slashed the neck of the male victim, who was also the mosque’s volunteer caretaker, as he sat alone outside the entrance of the building controlling access to it to comply with pandemic health regulations. Paramedics pronounced the victim dead at the scene. Media reports linked the male suspect to white supremacist postings online. The chief executive of the National Coalition of Canadian Muslims (NCCM) called for police to file hate crime charges and to take stronger steps to dismantle white supremacist organizations, including the creation of a national strategy to counter extremism and hate. The accused remained in custody. Toronto Police Services said it continued the investigation as of December and did not rule out filing additional hate crime charges.
According to media reports, in October, the NCCM publicized violent messages sent by unidentified persons to a Toronto-area mosque, including a threat, “We have the guns to do a Christchurch all over again,” referring to attacks on two mosques in New Zealand in 2019 in which a gunman killed 52 persons. The NCCM declined to identify the mosque for safety purposes, but police confirmed they had opened an investigation of the messages that remained pending through year’s end. The Prime Minister said the threats were “unacceptable” and that Islamophobia and extremism had no place in the country, and separately tweeted that he was “deeply disturbed” by the messages.
According to media reports, a Quebec man pled guilty in June to one charge of inciting hatred in social media posts in 2019. The posts included hate speech against Muslims and Jews, and promoted Aryan supremacy. The court stayed a second charge of inciting hatred and one charge of advocating genocide, and released the man after five months in custody. The court ordered three years probation and prohibited him from using social media during that period.
In September, B’nai B’rith reported several anti-Semitic acts occurring over the Rosh Hashanah holiday, including in Ottawa, where a man spat at worshipers at an outdoor service and called them “dirty [expletive] Jews” as he drove by. On September 18, a man harassed a Jewish father and his son outside a synagogue in Thornhill, a community north of Toronto, yelling, “You’re a piece of [expletive], you’re Jewish, you run the [expletive] world.”
According to B’nai B’rith Canada, the Polish-language newspaper Glos Polski blamed the COVID-19 pandemic on a Jewish plot in an article published in March and republished in April. The article also said Jews created and controlled ISIS, described Israel as “the cause of all the world’s woes” and “an emanation of the Devil himself,” and stated Jews sought to take over Poland. B’nai Brith asked police to open a hate crime investigation. By year’s end, police had not opened an investigation.
According to B’nai B’rith Canada, police in June arrested the publisher of the Polish-language publication Goniec, based in Mississauga, Ontario, for disseminating articles with anti-Semitic content in 2019. The articles accused Jews and Zionists of having “terrorism in their blood,” stated Jews were spying on individuals through the WhatsApp cell phone application, said certain foreign governments were controlled by Jews, and urged readers “to stand up to the Jews.” Police released the man without charge, but cautioned him that they would file charges if he continued to promote hatred against Jews. The news outlet removed the content from its website.
In October, the Privy Council Office (PCO) that serves the Prime Minister confirmed it had opened an internal investigation into social media posts by an employee that allegedly contained anti-Semitic content. The posts reportedly disparaged the genetic heritage of Jews and claimed Jews participated in or enabled Nazi atrocities. The CIJA and the Friends of Simon Wiesenthal Centre brought the complaint. The posts were removed and the PCO issued a statement in which it expressed shock and disappointment with the content. The two organizations said they were gratified the PCO took the complaint seriously.
According to media reports, unknown individuals damaged statues outside Buddhist temples in Montreal in a series of incidents in February and March. Vandals smashed lion statues symbolizing protection with a sledgehammer at the Quan Am Temple on two separate occasions, and damaged statues at two other temples. Vandals also painted crosses on and defaced with graffiti lion statues at the gate of the Chinatown district. Police opened a hate crime investigation, but by year’s end made no arrests in the case.
According to media reports, police released security camera footage in January in an attempt to identify a male suspect in the defacement of the National Holocaust Monument in Ottawa. An unidentified individual pelted the monument with eggs days after the 75th anniversary of the liberation of Auschwitz-Birkenau. Police opened a hate crime investigation, but by year’s end, made no arrests in the case.
In March, according to media reports, an unidentified individual painted a yellow swastika on a garbage can outside the Chevra Mishnayes Synagogue in Winnipeg, Manitoba. The synagogue previously had been targeted with similar vandalism. Police opened an investigation, but by year’s end made no arrests in the case.
In May, police cautioned three teenagers, informed their parents, and counselled the teens after they dumped a metal suitcase painted with a swastika and containing a dead skunk at the side of a road in Innisfil, Ontario in February. The area is home to two synagogues. Police opened a hate crime investigation, but determined the incident constituted an “immature prank” and not an anti-Semitic incident.
In June, according to media reports, police charged a Barrie, Ontario man with nine counts of mischief for painting swastikas and pro-Nazi and Holocaust references at multiple locations in downtown Barrie, including on buildings and on children’s playground equipment in a park. The graffiti included the names of Hitler, Goebbels, and Anne Frank. The vandalism occurred hours before the Barrie City Council voted to create an antiracism task force.
According to B’nai B’rith Canada and the CIJA, in July, high school student protestors in Mississauga, Ontario led and responded to chants in Arabic of “Palestine is our country and the Jews are our dogs” at a rally organized by student organization Sauga for Palestine in opposition to proposed Israeli government annexation of territory in the West Bank. Spokespersons for Sauga for Palestine said the chanting occurred after the protest had concluded and that rally organizers intervened to stop it; the organization also published an apology on its Facebook page. Jewish witnesses said the rally organizers did not stop the chants. The mayor of Mississauga issued a statement that she stood with the Jewish community “in strongly condemning these hateful and disturbing anti-Semitic comments,” and said the right to peaceful protest excluded promotion of hatred against individuals or groups. B’nai B’rith filed a complaint to police to open a hate crime investigation. By year’s end, police had not opened an investigation.
In June, according to media reports, police closed a hate crime investigation and determined it was a case of vandalism after unidentified individuals in May drew a swastika and the words “all heil Hitler” in chalk on the exterior walls of a school in Toronto. The area has a sizeable Jewish population and some of the school’s staff and students are Jewish.
In February, the Pew Research Center published findings on attitudes towards democratic principles, such as regular elections, free speech, and free civil society, as well as religious freedom, in 34 countries, based on interviews it conducted during its Spring 2019 Global Attitudes Survey. According to the findings, 65 percent of Canadian respondents considered religious freedom to be “very important,” ranking it among the lowest of their priorities for democratic principles among the nine tested.
Section IV. U.S. Government Policy and Engagement
Embassy, consulate, and other U.S. government officials raised respect for religious freedom and diversity with the national and provincial governments. They also raised how we might better support individuals persecuted for their religion and counter rising threats to religious freedom. Embassy and other U.S. government officials met with representatives from Global Affairs Canada’s Office of Diversity and Inclusion to discuss issues of religious freedom in the country, including issues raised in this report.
Embassy and consulate officials conducted outreach to religious leaders, NGOs, and religious groups to discuss strategies for combating religious intolerance and promoting inclusion. The embassy funded two grants to Liberation75 to combat anti-Semitism and in support of a Liberation75 international event in May and June in Toronto to mark the 75th anniversary of liberation from the Holocaust. The latter event was postponed to 2021 due to the COVID-19 pandemic. On January 20, the Consul General in Quebec City hosted an event with representatives of One World Strong, an NGO that offers peer-to-peer support to survivors of terrorism, and the survivors of the attack at a Quebec City mosque in 2017. The discussion at the event included promotion of religious freedom.
In March, April, and July, the Consul General in Quebec City met with Catholic, Protestant, Muslim, and Jewish faith leaders to reiterate the U.S. government’s commitment to religious freedom. On September 24, the Consul General hosted 11 Catholic, Anglican, Baptist, Muslim, Jewish, and indigenous animist faith leaders at an interfaith breakfast in which they discussed religious freedom. They also discussed the impact of COVID-19 on their communities and restrictions on their ability to congregate for worship and religious expression, how to foster hope and resilience during the pandemic, and best practices to promote tolerance, diversity, and inclusion. On November 24, the consulate in Quebec City hosted a webinar with a panel of U.S. and Quebec speakers, including survivors of the Boston Marathon bombing, of the Quebec City mosque shooting in 2017, a former member of Al-Qaeda, and a former member of a right-wing extremist group. A survivor of a white supremacist attack described how his attacker targeted him because of his Islamic faith, and the panelists discussed the importance of promoting religious tolerance and interfaith dialogue.
Section I. Religious Demography
The U.S. government estimates the total population at 80.2 million (midyear 2020 estimate). Unofficial estimates based on the census and figures provided by religious groups indicate approximately 27 percent of the population is Catholic and 25 percent belongs to the EKD – a confederation of Lutheran, Reformed (Calvinist), and United (Prussian Union) Protestant regional churches. Other Protestant denominations, including the New Apostolic Church, Baptist communities, and nondenominational Christians, account for approximately 2 percent of the population. Orthodox Christians represent 1.9 percent of the population.
According to the most recent government estimates, approximately 5.7 percent of the population is Muslim, of which 75 percent is Sunni, 13 percent Alevi, and 7 percent Shia; the remainder includes Alawites (70,000), Ahmadis (35,000), and Sufis (10,000). Intelligence officials estimate there are approximately 12,150 Salafi Muslims in the country. Estimates of the Jewish population vary widely; the Central Council of Jews estimates it at 94,771, while other estimates place the number at approximately 190,000 when including Jews who do not belong to a specific Jewish community. According to the secular NGO Religious Studies Media and Information Service (REMID), Buddhists (270,000); Jehovah’s Witnesses (167,000); Hindus (100,000); Yezidis (100,000); members of The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ) (40,000); Sikhs (10,000-15,000); and members of the COS (3,400) together constitute less than 1 percent of the population. All of REMID’s estimates are based on members who have registered with a religious group. According to the nonprofit Research Group Worldviews Germany, approximately 39 percent of the population either has no religious affiliation or belongs to religious groups not counted in government statistics.
Section II. Status of Government Respect for Religious Freedom
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, hospitals, and prisons.
The General Act on Equal Treatment has been in force since August 2006. The purpose of the act is to prevent or stop discrimination on the grounds of race or ethnic origin, gender, religion or belief, disability, age, or sexual orientation.
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 ($61.3 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 COS – 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 that 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 that provide public services, such as religious schools and hospitals. In addition, 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 2015 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. The states of Bavaria, North-Rhine Westphalia (NRW), and Saarland 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. Berlin’s Neutrality Law bans visible signs of religious affiliation for police, lawyers, judges, and law enforcement staff but, as of 2020, not for primary and secondary school teachers. In Lower Saxony, judges and prosecutors may not wear religious symbols or clothing in the courtroom. 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 ($74) 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 also offer some religious instruction in Islam. In most federal states, Muslim communities or associations provide this instruction, while in Bavaria and Schleswig-Holstein, the state does. 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.
In January and again in July, the Baden-Wuerttemberg Free Democratic Party (FDP) requested an examination of whether Jehovah’s Witnesses fulfilled the conditions for PLC status in that state. In both instances, the state education ministry affirmed there was no reason to revoke the status. In August, the FDP’s speaker for religious affairs once again urged the ministry to review the group’s eligibility for PLC status due to its prohibition of blood transfusions for children. Jehovah’s Witnesses have held PLC status in all states since 2017.
In March, the federal government established a cabinet committee to combat right-wing extremism and racism. The committee drew up a catalog of 89 concrete measures, many of which aim at combating anti-Semitism. The federal government stated it would provide more than one billion euros ($1.23 billion) for the projects between 2021 and 2024.
In June, Federal Family Minister Franziska Giffey launched a network to provide government resources and foster connections between educational institutions and research centers working to combat anti-Semitism. The federal government stated it would support a new anti-Semitism competence center with two million euros ($2.5 million) over the next four years.
In July, more than 60 scientists, academics, writers, and artists wrote to Chancellor Angela Merkel warning of an “inflationary, factually unjustified, and legally unfounded use of the term anti-Semitism.” They expressed concern about the suppression of “legitimate criticism of Israeli government policy” and castigated Federal Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism Felix Klein for distracting attention from “real anti-Semitic sentiments.”
In September, speaking at the 70th anniversary of the Central Council of Jews in Germany Chancellor Merkel spoke of her “grave concern” over the increasingly open expression of anti-Semitism in the country. She described anti-Semitism as an attack on the dignity of individuals that “must be fought decisively” – ideally with education, but with the full strength of the criminal law system when necessary.
In September, the NRW interior ministry suspended 29 police officers for participating in a right-wing extremist chat group, and some faced criminal investigation. The group shared extremist propaganda, including photographs of Adolf Hitler. The interior ministry also ordered an inspection of the affected police station, and it created a new position to specifically monitor right-wing extremism across the NRW police force.
In April, the NRW commissioner for anti-Semitism published the first NRW anti-Semitism report, which indicated 310 anti-Semitic crimes were registered in NRW in 2019, of which 291 were motivated by right-wing ideologies. The crimes ranged from verbal abuse to physical injury; all cases resulted in criminal investigations. In June, the NRW commissioner announced she was establishing an office to monitor and independently investigate anti-Semitic crimes that would allow victims to report anonymously in part in an effort to increase the reporting of cases.
During the year, Schleswig-Holstein and Hamburg established state-level anti-Semitism commissioner positions, leaving Bremen as the only state without one. 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. In 2018, Federal Anti-Semitism Commissioner Klein urged all states to establish anti-Semitism commissioners because the distribution of powers in the country’s federal system provided the states with greater authority to combat anti-Semitism.
In February, the Frankfurt general prosecutor’s office established a commissioner for combating anti-Semitism. In addition to evaluating anti-Jewish aspects of crimes, the person will serve as point of contact for domestic and foreign authorities.
In January, Hesse inaugurated a new office for reporting anti-Semitic incidents as part of a 2019 state initiative to establish a more comprehensive approach to countering online hate speech and harassment.
In February, the Bremen Senate extended its cooperation with the Yad Vashem Holocaust Memorial to police officers trained at the College of Public Administration. Among other activities, Yad Vashem teaches a course to police trainees on the history of the Jewish community in Bremen. The course brings trainees to main historical Jewish community sites as well as to the Bergen-Belsen concentration camp. Yad Vashem also led trips to the Warsaw ghetto and to Israel; 18 trainees joined the trip to Israel.
More than 1,000 artists signed an open letter against the 2019 Bundestag decision to designate the Boycott, Divestment and Sanctions (BDS) movement as anti-Semitic, calling it a restriction of the right to boycott, a violation of democratic principles, and encouragement of a “climate of censorship.” They joined concerns by the heads of some German cultural institutions who argued the resolution might hinder their work. Numerous Bundestag members rejected the accusations, stating the resolution by no means banned dialogue or criticism. They also said that no tax funds should be used for BDS initiatives. State Minister for Culture Monika Gruetters said, “It is part of the Federal Republic of Germany’s raison d’etre to protect Israel’s right to exist. It follows that the federal government does not actively support organizations or projects that question Israel’s right to exist, even within the framework of cultural funding.”
In July, rap musician Farid Bang collaborated with Duesseldorf Mayor Thomas Geisel on a video promoting COVID-19 distancing measures. The state commissioner for anti-Semitism in NRW criticized the choice due to what he described as Bang’s frequently misogynistic, anti-Semitic, and violent lyrics, saying “This would be a wrong sign for Jewish life in this country.” The story received national publicity, and the video was taken down after one week.
In July, the Federal Constitutional Court confirmed a six-month prison sentence for Sascha Krolzig, federal chairman of the far-right party Die Rechte (The Right). Krolzig published an article calling a prominent member of the Jewish community an “insolent Jewish functionary” and praising the “exemplary and reliable men of the Waffen-SS.” Krolzig was convicted for sedition in February, based on inciting hatred against Jews and the use of National Socialist vocabulary.
In July, the Moenchengladbach public prosecutor’s office brought sedition charges against a man suspected of distributing the anti-Semitic manifesto of the 2019 Halle synagogue attacker online. The case was pending as of December.
In August, Lower Saxony’s Jewish community expressed concern after police officer Michael F. from Hanover, who was responsible for designing the security plans for Lower Saxony’s Jewish synagogues and community centers, drew parallels between restrictions to limit the spread of COVID-19 and National Socialism during his speech at a demonstration against the restrictions. The officer was suspended from duty in August. “Anyone responsible for the safety evaluations of Jewish facilities in the police force must be above reproach, not indulging in some abstruse, conspiracy-theoretical nonsense,” said Franz Rainer Enste, the state’s anti-Semitism commissioner.
In February, NRW Minister-President Armin Laschet visited Israel and expressed assurances that Germany would take decisive action against anti-Semitism, racism, and extreme right-wing violence. He said, “I am ashamed that 75 years after the liberation of Auschwitz we are experiencing this again in Germany.” Upon his return, Laschet received the Israel Jacobson Prize from the Union of Progressive Jews in Germany in recognition of his contribution to liberal Judaism and the strengthening of Jewish life in NRW.
In May, Bavarian Justice Minister Georg Eisenreich and Anti-Semitism Commissioner Ludwig Spaenle presented anti-Semitism guidelines for legal workers to help better identify anti-Semitic incidents.
According to reports from the federal Office for Protection of the Constitution (OPC – domestic intelligence agency) and Scientology members, the federal and state OPCs in Baden-Wuerttemberg, Bavaria, Berlin, Bremen, Hamburg, Lower Saxony, NRW, and Saxony-Anhalt 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 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.
At the September session of the United Nations Human Rights Council, the President of the European Office of the Church of Scientology for Public Affairs and Human Rights requested Germany stop using “sect filters” and called on the president of the Human Rights Council to launch an investigation into the religious freedom violations that, he said, the country’s executive powers continue to perpetrate against Scientologists.
Following the country’s April 30 ban on all Hizballah activities, police raided mosques in Berlin, Bremen, and NRW. Police had previously placed the mosques under surveillance due to what they stated were their pro-Hizballah sympathies and links with extremist groups. In May, police searched the official rooms of the al-Mustafa community in Woltmershausen in Lower Saxony as well as the private residences of community leaders, alleging a close association of al-Mustafa with Hizballah.
Federal and state OPCs continued to monitor numerous Muslim groups, including the terrorist groups ISIS, Hizballah, and Hamas as well as groups such as Turkish Hizballah, Hizb ut-Tahrir, Tablighi Jama’at, Millatu Ibrahim, the Islamic Center Hamburg, the Muslim Brotherhood, Milli Gorus, and various Salafist movements. Hamburg opposition parties and civil society actors continued to advocate an end to Hamburg’s formal relationship with the “Islamic Center,” which they described as an important Iranian regime asset.
In May, the OPC in Saxony reported it was monitoring two mosques that it said were dominated by Salafists.
Groups under OPC observation continued to say that OPC scrutiny implied they were extremist and that this constrained their ability to apply for publicly funded projects.
Germany assumed the rotating presidency of the Council of the European Union in July, and consistent with its commitment to prioritize the fight against anti-Semitism, it organized an online conference November 18 on combating anti-Semitism and hate speech, and two weeks later, the council unanimously approved a declaration mainstreaming the fight against anti-Semitism across all policy areas. The council also published the largest survey ever conducted among European Jews on their perceptions and experiences of anti-Semitism.
In August, the federal labor court awarded a Muslim computer scientist approximately 5,200 euros ($6,400) in compensation for religious discrimination. In 2017, the plaintiff had insisted on wearing her headscarf in class as part of an interview for a position in the public school service and was subsequently denied a job. The rejected applicant said this was religious discrimination and sued for compensation under the General Equality Act. The Berlin Labor Court dismissed the claim, but the Berlin-Brandenburg Regional Labor Court upheld it, referring to a ruling by the Federal Constitutional Court in 2015 that stated that rejection of female applicants wearing headscarves must be justified by a concrete threat to the peace of the school. Berlin appealed but lost at the Federal Labor Court, which saw the Berlin position as “a disproportionate interference with freedom of religion.” The court called upon Berlin to amend its neutrality law that forbids civil servants from wearing religious clothing and symbols.
In February, the Federal Constitutional Court ruled that a Muslim law clerk could be prohibited from wearing a headscarf during court proceedings. In its ruling, the court said the judiciary’s obligation to observe complete neutrality outweighed the clerk’s freedom of religion rights. The clerk sued Hesse state in 2017 for not permitting her to follow court proceedings from the bench, lead courtroom sessions, or take evidence from witnesses while she was wearing a headscarf.
In May, the Lower Saxony state parliament amended the law to prohibit judges and prosecutors from wearing religious symbols or clothing in the courtroom. State Justice Minister Barbara Havliza said that it was necessary in view of the increasing diversity in society and important for the perceived neutrality of the judiciary.
In April, the Rhineland-Palatinate state government forbade students in primary and secondary schools from full-face veiling at school (i.e., wearing a niqab or burqa). In July, Baden-Wuerttemberg did the same. For both states, the ban on full covering did not apply in higher education. Teachers in both states had already been forbidden from full-face veiling at school.
In February, an administrative court in Hamburg overturned a school’s ban on niqabs, ruling that state law does not allow educational authorities to impose such a ban. The court said the 16-year-old who challenged the ban had the right to “unconditional protection” of her freedom of belief. The Hamburg state minister of education said he would seek to change the law, because “only if students and teachers have a free and open face can school and lessons function.”
In September, the Higher Administrative Court in Muenster overturned a 2018 decision by an administrative court which banned a local mosque’s outdoor amplification of the call to prayer in the town Oer-Erkenschwick. Local residents said this was a noise disturbance. In its ruling, the Muenster court compared the call to prayer with the sound of church bells. During the COVID-19 lockdown, some mosques in NRW received temporary permission to conduct calls to prayer via loudspeaker.
In June, the Lower Saxony Higher Administrative Court ruled a Muslim teacher denied employment for wearing a headscarf could assert a claim for compensation through the General Equal Treatment Act.
In February, a district court ordered a fitness studio in Oststeinbek to compensate a Muslim client 1,000 euros ($1,200). The studio had prohibited the woman from exercising with a headscarf, citing insurance reasons. The woman brought legal action based on the General Equal Treatment Act.
In September, the Karlsruhe Labor Court ruled the Protestant Regional Church in Baden discriminated against an atheist applicant who had unsuccessfully applied for a secretarial position in 2019. The court ordered the Church to pay compensation of 5,000 euros ($6,100) for illegally asking the applicant about her religious beliefs.
According to a May survey of state-level education ministries, more than 900 schools in the country offered Islamic religious instruction. Almost 60,000 students took part in Islamic religious instruction in the school year 2019-20, an increase of 4,000 from the previous year. Since 2017-18, approximately 35 schools have added Islamic religious instruction.
In October, the Conference on Jewish Material Claims against Germany (also known as the Jewish Claims Conference) and the government announced an increase of 30.5 million euros ($37.4 million) in government funding for social welfare services for Holocaust survivors, raising the yearly contribution from 524 million euros ($642.9 million) in 2020 to 554.5 million euros ($680.4 million) in 2021. The government also agreed to provide an additional 564 million euros ($692 million) over the next two years to help financially struggling Holocaust survivors during the COVID-19 pandemic.
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 ($15.9 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 570 million euros ($699.4 million). The union said it calculated its estimate based on budgets of the 16 states. The Humanistic Union advocates the abolition of state church privileges such as faith-based religious education as a regular school subject, collection of church taxes, and other financial aid.
In July, the Federal Supreme Court rejected the appeals of seven men who had been fined by a lower court in 2019 for wearing yellow vests marked “Sharia Police” and patrolling the streets of Wuppertal in 2014 looking for “non-Muslim” behavior. They had been charged with wearing uniforms as expressions of a common political opinion. A regional court acquitted them in 2016, but the Federal Constitutional Court reversed the acquittal in 2018.
The government continued the German Islam Conference dialogue with Muslims in the country. 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 conference held a video discussion on imam training with Interior Minister Horst Seehofer on November 10. Participants discussed initiatives to promote imam training, including imam employment in congregations, religious instruction in public schools, and pastoral care in public institutions, especially prison and military chaplaincies. The Interior Minister discussed the Independent Expert Group on Anti-Muslim Hostility, established in September, which focuses on distinguishing between criticism of religion and hostility toward Muslims.
In May, the Bundestag unanimously approved a bill authorizing rabbis to serve as military chaplains, performing pastoral services for the approximately 300 Jewish soldiers in the Bundeswehr (federal army). The Bundesrat, the chamber representing the federal states, also approved the bill in July. The selection of up to 10 rabbis was scheduled to begin in autumn. The country’s Conference of Orthodox Rabbis welcomed the action as “an important signal, especially in times…when there is again fertile ground for anti-Semitism, hate from the far right, and conspiracy theorists.” The federal government also said it was developing plans to authorize Muslim chaplains for the approximately 3,000 Muslims serving in the Bundeswehr, but the Central Council of Muslims Chair Aiman Mazyek said in a July interview that the government had not yet taken any concrete steps. In December, the state of Baden-Wuerttemberg appointed police rabbis for the first time in its history, one for the Jewish Religious Community of Wuerttemberg, and one for the Baden region. Their tasks included raising awareness of Jewish issues among police officers.
The country is a member of the International Holocaust Remembrance Alliance and held the organization’s chairmanship during 2020.
Section III. Status of Societal Respect for Religious Freedom
During a Sukkot celebration for students at the Hohe Weide Synagogue in Hamburg on October 4, an individual wearing a military-style uniform struck a Jewish student in the head with a shovel, leaving the victim with a serious head injury. Police arrested the attacker, a 29-year-old male with Kazakh roots residing in Berlin. Authorities, including Foreign Minister Maas, Minister of Justice Lambrecht, and Hamburg Mayor Tschentscher, condemned the attack. The case was awaiting court prosecution at year’s end.
On December 21, the gunman who attacked the Halle synagogue and killed two individuals on Yom Kippur 2019 was sentenced to life imprisonment with subsequent preventative detention. The court found the attacker “severely guilty” of two counts of murder; 51 counts of attempted murder for his attack on the synagogue; several counts of attempted murder for his attack on a kebab shop, bystanders, and police officers; incitement; Holocaust denial; grievous bodily harm; and negligent physical injury. The verdict cited the attacker’s lack of remorse and expressed desire to reoffend as support for issuing the maximum sentence.
There were numerous reports of anti-Semitic, anti-Muslim, and anti-Christian incidents, including assaults, verbal harassment, threats, discrimination, and vandalism. According to Ministry of Interior federal crime statistics, there were 2,032 anti-Semitic crimes committed during 2019 (the most recent statistics available), including 72 incidents involving violence. This represented a 13 percent increase from the 1,799 anti-Semitic crimes reported in 2018, of which 69 were violent.
The federal OPC’s annual report stated the number of violent right-wing anti-Semitic incidents increased from 48 in 2018 to 56 in 2019. In May, Interior Minister Seehofer stated, “Right-wing extremism, racism, and anti-Semitism…continue to represent the greatest threat to security in Germany. We have every reason to proceed with the greatest vigilance here.” According to the report, membership in right-wing extremist parties such as the neo-Nazi National Democratic Party increased from approximately 5,500 persons in 2018 to 13,330 in 2019. The report noted, however, this rise was entirely due to the reclassification of the right-wing populist Alternative for Germany Party’s youth organization as well as its far-right faction formerly known as “The Wing” as extremist.
In May, the Ministry of Interior presented its annual report on politically motivated crime, which stated there were 41,177 such crimes in 2019, a 14.2 percent increase from 2018. Police registered 8,585 crimes motivated by racism or xenophobia, which encompasses religion, a 5.8 percent increase.
RIAS, to which victims may report anti-Semitic incidents independent of filing charges with police, reported 1,253 incidents in the states of Berlin, Brandenburg, Bavaria, and Schleswig-Holstein in 2019. RIAS reported 410 anti-Semitic incidents in Berlin in the first six months of 2020, comparable to the 404 incidents over the same period in 2019, despite the stringent COVID-related restrictions on public life. This included 26 incidents involving violence or threatened violence (down from 33), 58 examples of anti-Semitic propaganda, and 301 examples of malicious behavior, such as giving the Nazi salute. RIAS used categories different from official police statistics and included anti-Semitic incidents that did not rise to the level of a criminal offense. According to RIAS, the largest motivating factor for anti-Semitic attacks was right-wing political ideology.
From mid-March to mid-June, RIAS registered anti-Semitic incidents at 123 separate demonstrations against restrictions to prevent the spread of COVID-19. Incidents included positive references to Nazis, including comments by protest organizer Attila Hildmann that Adolf Hitler was “a blessing” in comparison to Angela Merkel and the use of anti-Semitic conspiracy myths, including the assertion that Jews were responsible for unleashing the virus.
Lower Saxony’s government recorded 172 anti-Semitic crimes in 2019, up from 127 in 2018. The Mecklenburg-Western Pomerania government counted 34 such crimes for the first half of 2020, up from 18 during the same time period in 2019. Alexander Rasumny of RIAS attributed the increase to two factors: first, he said, every attack potentially triggers another attack, and second, the culture of political and social debate had become more “brutalized” in Germany than in other countries.
In 2019 (most recent data available), the Ministry of Interior registered 950 incidents targeting Muslims and Muslim institutions, such as mosques or community centers. This was an increase from the 910 incidents in 2018. The ministry classified 90.1 percent of these incidents as right-wing extremism. Other recorded incidents included online hate speech against Muslims, hate mail, and aggressive behavior in the street.
A Hildesheim resident was arrested on June 5, suspected of planning attacks against Muslims and mosques, according to prosecutors. Police found weapons at his apartment and “data files with radical right-wing contents.” The suspect had said in an online chat that he wanted to carry out an attack similar to the 2019 mosque attacks in New Zealand and “kill Muslims.” The Celle prosecutor general’s office brought charges against the 21-year-old defendant on suspicion of incitement and of preparing a serious act of violence endangering the state. His trial began in December and was continuing at year’s end.
The Ministry of Interior counted 128 anti-Christian incidents in 2019, including 16 cases involving violence. The ministry classified 30 percent of these incidents as motivated by right-wing ideology and 21 percent as motivated by left-wing ideology.
In March, the NRW Department of the Interior released information showing the number of politically motivated attacks on Jews, Muslims, and Christians rose significantly in 2019. Offenses against Jews quintupled since 2018, from seven to 35, attacks against Muslims almost tripled from 15 to 42, and offenses against Christians more than doubled from four to nine. A total of 42 suspects were identified, the vast majority of whom were German citizens and had right-wing backgrounds.
In January, a boy found a homemade explosive device near the access area of the Mittelbau-Dora concentration camp memorial site in Thuringia. Due to the proximity to the memorial, the State Security Service was also involved in the investigation, which was ongoing at year’s end.
On July 9 in downtown Munich, four individuals followed Chief Rabbi Shmuel Aharon Brodman and shouted insults at him. Brodman called police, who were unable to locate the perpetrators. The offenders reportedly insulted the rabbi in English and spoke among themselves in Arabic. Bavaria’s Anti-Semitism Commissioner Spaenle expressed concern that several eyewitnesses had not intervened on the rabbi’s behalf.
In July, as yet unidentified suspects left severed pig heads in front of the Islamic Cultural Center in Greifswald on two separate occasions. As of December, police were investigating.
According to media reports, women who wore the hijab continued to face employment discrimination.
In October, a Brandenburg road construction company rejected an applicant because he was a practicing Muslim. The managing director sent the applicant a rejection notice in which he wrote, “Islam is not compatible with the constitution.” He confirmed this with the local public media, adding “I cannot employ practicing Muslims because there would be unrest.” Brandenburg police told the applicant that he could report an offense like this, because denying employment on the basis of an applicant’s religion contravenes the General Equal Treatment Act.
On January 4, the Leipziger Volkszeitung reported that local construction companies had declined orders for the construction of a mosque in Erfurt because they feared their involvement would precipitate attacks on their vehicles by opponents of the mosque. One businessman said he had lost orders in the past after his involvement in the construction of a mosque was made public.
There were several reported incidents of arson in churches. In three separate incidents in February, March, and May, unknown individuals set fire to church bulletins, a Bible, and an altar at a church in Krefeld. Unknown individuals damaged a window in a church in Neuenkirchen while attempting to start a fire in August. In September, unknown persons broke a window and unsuccessfully attempted to set a church on fire in Wolgast. Police began investigations of all the cases, which were pending as of December.
In July, unknown perpetrators desecrated a memorial site for the survivors of the Mittelbau-Dora concentration camp. No suspects could be identified, and investigations by local authorities were ongoing as of December.
In February, unknown persons vandalized a mosque in Emmendingen, Baden-Wuerttemberg with swastikas and rightwing slogans. Local police said they believed the incident was related to a series of similar acts of vandalism in February.
In April, a restroom in a Jewish-owned restaurant in Frankfurt was vandalized with anti-Semitic and Nazi images. As of December, state police were investigating.
In August, an Israeli-owned bar in Berlin was attacked by arsonists, according to police. A RIAS representative said the bar had been a target of anti-Semitic attacks in the past. In the incident, graffiti including a Star of David and numbers linked to the slogan of the Hitler Youth organization were found in the bar. As of December, police were investigating the incident.
In January, police arrested two individuals in the vandalism of a Jewish cemetery in the town of Geilenkirchen. The police stated the pair knocked over more than 40 gravestones in the cemetery and defaced some of the graves with blue paint.
In June, unknown individuals vandalized Alevi Muslim graves in Ludwigsburg, Baden-Wuerttemberg. As of December, local police were investigating.
In October, a piece of parchment inscribed with verses from the Torah was removed from its case at the Tiferet Israel synagogue’s doorpost in Berlin, defaced with swastikas, and replaced. Foreign Minister Maas tweeted, “It simply hurt to see something so disgusting” and called for the crime to be solved quickly and those responsible punished. As of December, state police were investigating.
In April, unknown individuals damaged the door and windows of the Turkish-Islamic Union for Religious Affairs (DITIB) mosque in Cologne. The same night, vandals smashed the windows of a DITIB administrative building in Cologne. Local politicians condemned the act. Cologne Mayor Henriette Reker said she rejected all kinds of violence against religious facilities. As of December, police were investigating.
In August, an accomplice in a 2019 incident in which a bloody pig’s head, plastic bags filled with blood, right-wing extremist slogans, and swastikas were found in front of the Arrahman Mosque in Moenchengladbach, was sentenced to eight months’ probation. As of December, the main suspect’s trial was still pending.
The Catholic Church and the EKD continued to oppose the COS publicly. “Sect commissioners” or “departments on sects and worldview matters” of the EKD and the Catholic Church continued to investigate “sects and cults” and publicize what they considered to be the dangers of these groups. On its website, the EKD Center for Questions of World Views continued to warn the public about what it said were the dangers posed by multiple religious groups, including the COS, the Family Federation for World Peace and Unification (Unification Church), Bhagwan-Osho, Transcendental Meditation, Jehovah’s Witnesses, and Universal Life, and continued to produce literature criticizing the groups.
In May, the University of Duisburg-Essen, Bielefeld University, and the Mercator Foundation published a joint study on the attitudes of young people in NRW towards Islam. The study concluded that, although the majority of young people supported diversity, rejected discrimination, and had knowledge about Islam, stereotypes and prejudice remained widespread.
The far-right group Patriotic Europeans Against the Islamization of the Occident (PEGIDA) continued to organize weekly demonstrations in Dresden, although media reports indicated significantly fewer demonstrators than in previous years. Approximately 300 to 400 supporters continued to join PEGIDA rallies, even after the outbreak of the COVID-19 pandemic. The demonstrations were approved by authorities contingent upon participants adhering to mask and social distancing requirements. Amid calls to curb immigration, PEGIDA supporters regularly expressed anti-Muslim sentiments during the rallies, including by carrying posters expressing opposition to women who wear religious head coverings.
On December 14, the Dresden District Court fined PEGIDA’s founder and organizer, Lutz Bachmann, 4,200 euros ($5,200) for incitement and slander. Bachmann had denounced Muslims as “murderer Muslims” and “rapist Muslims.”
After the Dresden City Council’s October, 2019 declaration of a Nazi emergency, mainstream parties as well as grassroots organizations worked together to counteract right-wing extremism. The Dresden chapters of the CDU, the SPD, and the Greens formally formed a cross-party alliance against the extreme right in February.
In April and May, some protesters at demonstrations against COVID-19 restrictions in Stuttgart and Berlin wore yellow Stars of David to indicate their opposition to mandatory vaccines, equating the anti-COVID lockdown to Nazi-era persecution of Jews. Josef Schuster, head of the Central Council of Jews, said to the media on May 11 that right-wing protesters were using anxieties stirred up by the pandemic to spread anti-Semitic conspiracy theories and other far-right preaching on the internet. Federal Anti-Semitism Commissioner Klein said anti-Semitic sentiments were regularly part of protests against the government’s COVID-19 restrictions. In June and July, respectively, Munich and Wiesbaden banned the Star of David symbol at COVID-19 protests. Ahead of a November protest in Frankfurt, the city banned the display of the Star of David alongside slogans such as “unvaccinated,” “vaccination sets you free,” “Dr. Mengele,” or “Zion.”
On August 1, a rally supported by neo-Nazi groups drew more than 20,000 protesters in Berlin to demand an end to coronavirus restrictions. The rally was called a “Day of Freedom” by its organizers, the Stuttgart-based Querdenken 711 (“Thinking Outside the Box”) group. According to RIAS observers, some participants displayed anti-Semitic slogans, while others compared the government’s anti-COVID restrictions to Nazi regulations. Police charged the rally organizer for failure to comply with social distancing rules.
An estimated 23 churches continued to use bells bearing Nazi symbols and inscriptions. In January, a Protestant church in Thuringia replaced a bell with Nazi symbols after the Association of Protestant Churches in Central Germany (EKM) agreed to replace all such bells. The EKM also offered financial support to local churches to cover the cost of new bells.
In February, seven students at a police academy in Baden-Wuerttemberg were expelled for exchanging chat-group messages that included anti-Semitic and Nazi content.
From late 2018 through 2020, more than 85 threatening letters with right-wing extremist content, sometimes including anti-Semitic content, were sent to politicians, journalists, and other prominent figures. Many of the most visible targets were Muslim women. Among the recipients were the heads of the Central Council of Jews in Germany and the Central Council of Muslims in Germany. Personal, nonpublic data gained from police computers appeared in some letters. In September, a Frankfurt police officer was arrested in connection with the case. Investigations continued as of year’s end.
In February, one week after a man killed nine persons with migrant backgrounds at two shisha bars (hookah lounges) in Hanau, a mosque in Hanau received an anonymous threatening letter that made direct reference to the attack. As of December, police were investigating.
In February, mosques in Essen, Unna, Bielefeld, and Hagen received bomb threats by email and were evacuated. No bombs were detected. A DITIB representative said the anonymous bomb threats were signed by the right-wing Kampfgruppe 18 group and were politically motivated.
In February, the Pew Research Center published its findings on attitudes towards democratic principles, such as regular elections, free speech, and free civil society, as well as religious freedom, in 34 countries, based on interviews it conducted in its Spring 2019 Global Attitudes Survey. According to the findings, 72 percent of German respondents considered religious freedom to be “very important,” ranking it in the middle of their priorities for democratic principles among the nine tested.
Section IV. U.S. Government Policy and Engagement
The U.S. embassy and the five consulates general continued to engage closely with authorities at all levels of government regarding responses to incidents of religious intolerance, although due to the COVID-19 pandemic, online and remote engagements often substituted for face-to-face meetings and special events related to religious freedom issues. Embassy and consulate officials met regularly with a wide variety of federal and state parliamentarians to discuss religious freedom issues.
Embassy and consulate representatives met with members and leaders of numerous local and national religious and civil society groups about their concerns related to tolerance and freedom of religion. Topics of discussion with Jewish groups included concerns about what they characterized as the growing acceptability of anti-Semitism throughout the country and concern that right-wing groups have exacerbated anti-Semitism. Embassy and consulate representatives also discussed issues pertaining to religious freedom and tolerance with the Catholic, Evangelical, and other Protestant churches; the Central Council of Muslims; the Association of Islamic Cultural Centers; the Central Council of Jews in Germany; the Coordination Council of Muslims in Germany; the World Uyghur Congress; Alevi Muslims; Jehovah’s Witnesses; and human rights NGOs.
On January 27, the Leipzig Consul General participated in a Holocaust commemoration event hosted by the local Jewish community and the Friedrich Ebert Foundation in Erfurt, Thuringia. He discussed the consulate’s efforts to educate local youth on the Holocaust, for example by planning to bring a Simon Wiesenthal Center exhibition on Jewish history to Leipzig.
The embassy and consulates worked closely with Jewish communities, especially in eastern Germany, to provide small grants in support of programs promoting religious tolerance to leading NGOs countering violent extremism related to religion and anti-Semitism.
In August, the consulate in Leipzig supported the 20th Yiddish Summer Weimar in Thuringia, one of the world’s leading summer programs for the study and presentation of traditional and contemporary Yiddish culture. Due to the COVID-19 pandemic, the concerts and workshops took place outdoors in public spaces in Weimar, Erfurt, and Eisenach, attracting a broader audience than usual.
In February, consulate officers in Duesseldorf met with the chief administrator of the Jewish Community in Cologne. The discussion focused on the experience of the Jewish community across the country and public outreach planning for the 2021 festival “1700 Years of Jewish Life in Germany.”
On December 4 and 5, the embassy organized a virtual teacher academy on “Jewish-American Life and Culture” that engaged German and American experts with 70 teachers from across the country. The program offered tools and content for the classroom to elevate coursework that combats anti-Semitism beyond a simple recounting of history. The conference reached an indirect audience of hundreds of teachers and approximately 10,000 to 14,000 of their students nationwide.
The embassy and consulates actively promoted religious freedom and tolerance through their social media channels, utilizing Twitter, Facebook, and Instagram to highlight the engagement of senior embassy officials on the issue. For example, on the one-year anniversary of the attack on the Halle synagogue, the embassy published a statement on its social media accounts that said “we remember the victims of this senseless tragedy, and stand firm in our resolve to confront, condemn, and stop anti-Semitism and right-wing extremism.” The postings reached large audiences.
Section I. Religious Demography
The U.S. government estimates the total population at 9.8 million (midyear 2020 estimate). According to the 2011 national census, which included an optional question on religious affiliation, of the 73 percent of the population that responded, 51 percent identified as Roman Catholic, 16 percent as Hungarian Reformed Church (Calvinist), 3 percent as Lutheran, 2 percent as Greek Catholic, and less than 1 percent as Jewish; 23 percent reported no religious affiliation, and 2 percent said they were atheists. Other religious groups together constituting less than 5 percent of the population include Greek Orthodox, the Faith Congregation (a Pentecostal group), the Church of Scientology (COS), Russian and other Orthodox Christian groups, other Christian denominations, Buddhists, Muslims, and the Hungarian Society for Krishna Consciousness. The Hungarian Evangelical Brotherhood (MET) has approximately 8,500 members, according to a 2013 news report, and the Hungarian Pentecostal Church approximately 9,300 members, according to the 2011 census. The World Jewish Congress estimates the Jewish population to be between 35,000 and 120,000 persons. Local Jewish organizations estimate approximately 100,000 citizens with Jewish heritage live in the country, primarily in Budapest. Other religious groups are distributed throughout the country.
Section II. Status of Government Respect for Religious Freedom
The Fundamental Law, the country’s constitution, provides for freedom of conscience and religion, including freedom to choose or change religion or belief, and freedom – alone or in community with others and in public or in private – to manifest religion or belief through religious acts or ceremonies, or in any other way, in worship, practice, and observance. It prohibits religious discrimination, as well as speech “aimed at violating the dignity” of any religious community. On December 15, parliament approved a constitutional amendment, which became effective on December 23, stating that children must be guaranteed an “upbringing based on values stemming from our country’s constitutional identity and Christian culture.”
The constitution’s preamble states, “We recognize the role of Christianity” in preserving the nation and “value the various religious traditions” in the country. The constitution stipulates separation between religious communities and the state, as well as the autonomy of religious communities. According to the constitution, the state may, at the request of religious communities, cooperate with them on community goals.
A 2018 parliamentary amendment to the 2011 religion law entered into force in 2019. The purpose of the amendment was to implement judgments of the country’s Constitutional Court and the European Court on Human Rights. The law establishes a four-tier system of, in descending order, “established (or incorporated) churches,” “registered churches” (also called “registered II”), “listed churches” (also called “registered I”), and “religious associations.” The term “church” in the law refers to any religious community, not just Christian ones, and religious groups in any category may use “church” in their official names. All previously incorporated religious groups retained their status in the first tier of the new system as established churches. To become an established church requires approval by parliament; the Budapest-Capital Regional Court has jurisdiction to rule on applications for registration within the other three categories. Religious groups in all four tiers have “legal personality,” which grants them legal rights, such as the right to own property.
Religious entities that do not apply for legal status in one of the four categories are still able to function and conduct worship. The law states constitutional protection of freedom of religion also applies to unregistered groups.
To qualify for established church status, a religious group must first have registered status and then conclude a comprehensive cooperation agreement with the state for the purpose of accomplishing community goals. The government submits the comprehensive agreement to parliament, which must approve it by a two-thirds majority vote. A registered church becomes an established church from the day parliament approves the comprehensive agreement. Established churches are eligible to benefit from significant state subsidies for the performance of public service activities.
To qualify for registered church status, a religious group must have received tax allocations from an average of 4,000 persons per year in the five-year period prior to the application. This status also requires that the group either have operated as a religious association for at least 20 years in the country or at least 100 years internationally, or have operated as a listed church for at least 15 years in the country or at least 100 years internationally.
To qualify for listed church status, a religious group must receive tax allocations from an average of 1,000 persons per year in the three-year period prior to the application for status and have operated as a religious association for at least five years in the country or for at least 100 years internationally.
To qualify for religious association status, a religious group must have at least 10 members.
The law allows the government to negotiate individual cooperation agreements with all four tiers of religious groups for the performance of public service activities and support of faith-based activities. The agreements’ duration depends on the status of the religious community, ranging from a five-year maximum for religious associations to 10 and 15 years for listed and registered churches, respectively, and unlimited duration for established churches. These agreements may be prolonged.
Religious groups that agree not to seek state or EU funding (including personal income tax allocations) for their religious activities may qualify as registered or listed churches without fulfilling the requirement regarding the number of personal income tax allocations. The applicant religious community must perform primarily religious activities and may not be a criminal defendant or have been convicted of a crime during the previous five years, under sanction for “repeated violation of accounting and management rules,” or considered a national security threat. The court decides whether to grant status as a registered or listed church based on an examination of the criteria above. In reviewing these applications, the court may consult church law, church history, or ecclesiastical or academic experts, and may also seek the opinion of the national security services.
Religious groups that agree not to seek government or EU funding but accept financial support at a later stage must report it to the court within 15 days of the disbursement of the aid. To avoid losing its status or a reclassification to the lower association tier, the religious group has eight days to declare to the court that it has returned the funds, requested cancellation of its religious registration status, or complied with the individual tax allocation requirement to become a registered or listed organization. The religious group or prosecutor’s office may appeal the court’s decision on the status of the group to the Budapest-Capital Court of Appeal.
The law stipulates the minister responsible for church issues, based on information received from the court, shall manage an electronic database of religious groups with legal status, accessible to the public free of charge. The database is publicly accessible at the government’s central webpage, kormany.hu.
The law allows taxpayers to allocate 1 percent of their income taxes to any religious community in any of the four categories, starting with the 2020 tax year. Religious groups may use these funds as they wish. Only established and registered churches (the two highest tiers) are eligible to receive a state subsidy supplementing the 1 percent tax allocations.
According to the law, the Budapest-Capital Regional Court may dissolve a religious community with legal status – with the exception of established churches – if its activities conflict with the constitution or law or if the court rules its registration should have been denied. Parliament may dissolve an incorporated church if the Constitutional Court finds it is operating in violation of the constitution. If a religious community is dissolved without a legal successor, its assets, after satisfying creditors, become the property of the state and shall be used for public interest activities.
Thirty-two churches have established (previously known as “incorporated”) status. These include the Roman Catholic Church; a range of Protestant denominations; a range of Orthodox Christian groups; other Christian denominations, such as The Church of Jesus Christ of Latter-day Saints, Seventh-day Adventists, and the Salvation Army; three Jewish groups (Federation of Hungarian Jewish Communities, Unified Hungarian Jewish Congregation, Hungarian Autonomous Orthodox Jewish Community); and the Hungarian Society for Krishna Consciousness, the sole Hindu group registered as a church. The list also includes Buddhist and Muslim umbrella organizations, each encompassing a few individual groups.
By law, the state may neither operate nor establish any body for controlling or monitoring religious groups. Their doctrines, internal regulations, and statutes are not subject to state review, modification, or enforcement. Copyright law protects their names, symbols, and rites, while criminal law protects buildings and cemeteries.
The constitution establishes a unified system for the Office of the Commissioner for Fundamental Rights (ombudsperson). The ombudsperson investigates cases related to violations of fundamental rights – including religious freedom – and initiates general or specific measures for their remedy. These measures do not have the force of law.
Treaties with the Holy See regulate relations between the state and the Catholic Church, including financing of public services and religious activities and settling claims for property seized by the state during the Communist era. These treaties serve as a model for regulating state relations with other religious groups, although there are some differences in the rights and privileges the state accords to each of the religious groups with which it has agreements. The state has also concluded formal agreements with the Hungarian Reformed Church, Hungarian Lutheran Church, Federation of Hungarian Jewish Communities (Mazsihisz), and four Orthodox churches.
According to the law, established, registered, and listed churches may perform pastoral services in prisons and hospitals. Other laws indicate religious associations may also have the right to provide services at these facilities.
Military and law enforcement personnel may freely practice their religion in private and also at their workplaces if their religious practice does not violate their mandatory service duties. The Roman Catholic, Reformed, and Lutheran Churches, and Jewish congregations (which the government generally calls “historical churches”) may provide chaplain services to the military without seeking permission. Other religious groups must seek permission to offer such services.
Penitentiaries generally allow inmates free practice of religion and provide them with special diets, such as kosher, vegetarian, and pork-free meals. Historical churches may provide pastoral services in prisons without special permission, but other religious groups may do so only within official visiting hours as outlined in individual agreements and with permission from the penitentiary. Similarly, historical churches receive automatic access to patients in hospitals to provide pastoral services, while other groups may do so only under certain conditions, such as providing services only during visiting hours.
One hour per week of education in faith and ethics or general ethics is mandatory through the first eight grades of public school. Parents and students choose between the faith and ethics class offered by an established church of their choosing or a secular ethics course taught by public school teachers. Other religious groups are not entitled to provide religious education as part of the mandatory curricula in public schools but may offer extracurricular, optional religious education in public schools at the request of parents or students. Private schools are not required to offer faith and ethics or general ethics classes.
All religious groups registered in one of the four categories have the right to open their own schools. The state provides a subsidy, based on the number of students enrolled, for employee salaries at all such schools. Only established churches automatically receive a supplementary subsidy for the schools’ operating expenses. Other religious groups may apply for a supplementary operational subsidy, and the Ministry of Human Capacities (MHC) may sign an individualized contract with them to cover these costs.
The law also affords all religious groups with legal status the right to assume operation of public schools if more than 50 percent of the parents and adult students enrolled at the school sign a petition to do so and the MHC approves the change. In these cases, the state may continue to fund the schools. Whether newly established or converted from public status, religious schools are free to conduct their own religious teaching without government input and to make faith education mandatory and not substitutable with an ethics class. The state inspects both religious and public schools every two years to ensure they conform to legal standards.
The constitution prohibits speech that violates the dignity of any religious community. The law prohibits “calling for violence” – or inciting hatred – against a religious community or its members, punishable by up to three years’ imprisonment. The law provides a maximum punishment of three years in prison for impeding someone else through violence or threats from freely exercising his or her religion or abusing an individual because of his or her religious affiliation.
Assault motivated by the victim’s actual or presumed religious affiliation is a felony punishable by one to five years in prison. Violence against a member of the clergy is classified as violence against an “individual providing public service” and is also punishable with a prison sentence of one to five years. Any person who engages in preparation for the use of force against any member of a religious community is guilty of a misdemeanor punishable by imprisonment not exceeding two years.
The law prohibits public denial, expression of doubt, or minimization of the Holocaust, genocide, and other crimes against humanity committed by the National Socialist or Communist regimes, punishing such offenses with a maximum sentence of three years in prison. The criminal code makes wearing, exhibiting, or promoting in public the swastika, the logo of the Nazi SS, or the symbol of the Arrow Cross – a fascist, anti-Semitic party that allied with Nazi Germany – in a way that harms the human dignity or the memory of victims a misdemeanor, punishable by five to 90 days’ detention.
The law provides for the lifting of official immunity of a member of parliament (MP) who incites hatred against religious groups or publicly denies crimes of the Communist or National Socialist regimes. No MP has been the subject of such a proceeding.
The country is a party to the International Covenant on Civil and Political Rights.
Religious groups with pending applications for incorporated (changed to “established”) church status prior to the entry into force of a 2019 amendment to the religion law had the possibility to apply under a simplified registration process until January 6. According to the PMO, there were 16 such groups with pending applications, of which 11 reapplied under the simplified process. Of these 11 groups, the Budapest-Capital Regional Court rejected the application of the Church of the Nazarene and registered six groups as listed churches: the Hungarian Baha’i Community, Sim Shalom Progressive Jewish Association, Bet Orim Reform Jewish Community Association, Shalom Church of Biblical Congregations, Church of Evangelical Friendship, and the Hungarian Drukpa Kagyu Buddhist Community. Four other applications remained pending at year’s end. The court also registered the Hungarian Daoist Church as a listed church in a regular procedure based on the number of its members.
Some religious groups stated that while the new registration process constituted progress, it did not restore their full status from before the adoption of the 2011 religion law and the new framework for church recognition by the state. Court decisions regarding the registration process for registered churches, listed churches, and religious associations were available at the central website of the courts, birosag.hu. According to the PMO, no religious groups qualified under registered church status; in order to become a registered church, a group must comply with the requirement of receiving income tax allocations from an average of at least 4,000 persons per year in the previous five years, a period which could only begin in 2019 (the year the current law came into force) or later. The number of established churches remained unchanged.
The tax authority expanded the list of religious groups (including all four tiers) eligible to receive a 1 percent personal income tax allocation from members and stated that those wishing to become eligible in 2021 should request a technical tax identification number by December 31.
The HCLU, an NGO representing some religious groups deregistered in 2011, reported that their clients did not apply for registration because they believed the amended version of the law was still discriminatory. In May, the Constitutional Court rejected HCLU’s petition, filed in 2019, challenging the amended law. The HCLU argued the amended law did not guarantee equal treatment of churches by the state and was therefore unconstitutional. According to the Constitutional Court, state cooperation to achieve community goals and state support for religious activity, although related to the exercise of the freedom of religion, was not a fundamental right under the constitution, and constitutional protection of religious communities was equal, regardless of the legal evaluation of the religious community, the number of its members, or its participation in community activities. The HCLU, which already had a legal case ongoing regarding the previous law at the European Court of Human Rights (ECHR), argued there that the amended law did not remedy the violations of the prior law. The ECHR case continued at year’s end.
The MHC halved operational state subsidies for the Hungarian Evangelical Brotherhood’s (MET) educational institutions. MET’s leader Pastor Gabor Ivanyi said the MHC also informed him it would not extend its educational agreement for the next academic year, which endangered the sustainability of MET’s schools, attended by approximately 2,200 mostly Roma children. MHC attributed the funding cuts to budgetary restrictions due to the COVID-19 pandemic and what it said was the lack of concrete results achieved by these schools. In December 2019, Ivanyi published an open letter in which he rejected Prime Minister Viktor Orban’s statements that his was a Christian government.
The COS reported that appeals procedures against the Data Protection Authority’s (DPA) seizure of its documents in Budapest and Nyiregyhaza remained pending at various stages at different courts. The DPA investigated the COS for alleged criminal abuse of personal data and fined it and its central organization a total of 40 million forints ($135,000) in 2017. The Church also reported state authorities revoked a Russian-Ukrainian missionary couple’s residence permit in 2019 and expelled a Kazakh missionary from the country in January. The COS appealed both decisions, in which the authorities justified the expulsion of missionaries they deemed a “real, direct, and serious threat to national security.”
The COS stated that the certificate of occupancy for its headquarters in Budapest remained pending at the Csongrad County Government Office, while a court order allowed the COS to continue using the building.
The Organization of Muslims in Hungary (OMH) said the problem of insufficient cemetery space for Muslims remained unresolved. OMH also reported the government had not completed its restoration of the state-owned Yakovali Hasan Mosque in Pecs, ongoing since 2018, which prevented the local Muslim community from using the mosque as a place of worship.
In September, MET said the state-owned utility company attempted to disconnect MET’s institutions from the gas network due to nonpayment, endangering the operation of its nursery, college, homeless shelter, and hospital. Pastor Ivanyi stated MET would be able to pay its outstanding bills if the state would compensate it for damages sustained in 2016-2019 stemming from the group’s loss of church status.
According to the PMO, during the 2019-2020 school year, churches or church-run higher educational institutions operated 17.1 percent of elementary and secondary schools (compared with 16.7 percent in 2018-19), and religious associations operated 0.2 percent. Churches or church-run higher educational institutions operated 10 percent of preschools (with students aged three to seven), compared with 9.7 percent run by incorporated churches in the previous year, and religious associations operated 0.2 percent. There were 222,944 students – 49.3 percent of whom were in Catholic schools – studying at preschools and elementary and secondary schools operated by churches and religious organizations, compared with 217,204 in the previous year.
At a school opening ceremony on August 31, Deputy Prime Minister Zsolt Semjen stated that church-run schools were instrumental in preserving a Christian identity through raising “professionals whose skills are in harmony with faith.” Semjen cited Eurostat figures showing that Hungary’s GDP-to-church-support ratio was the highest in the EU, adding that the number of church-run schools in the country had doubled since 2010. The PMO State Secretary in charge of church issues, Miklos Soltesz, stated on September 4 that the government had allocated 106 billion forints ($357.2 million) to three main churches for kindergarten development projects, with the Catholic Church receiving 67 billion forints ($225.8 million), the Reformed Church 30 billion forints ($101.1 million), and the Evangelical Church 9 billion forints ($30.3 million).
A cartoon by Gabor Papai published by the daily independent Nepszava on April 28 showed the chief medical officer who oversaw the government’s COVID-19 pandemic response looking at Jesus on the cross and saying, “his underlying conditions caused” his death. According to media commenters, the cartoon was intended to criticize the government’s response to the pandemic and, in the critics’ view, the chief medical officer’s attempt to minimize the number of deaths in the country attributable to COVID-19. The cartoon sparked outcry from the Christian Democratic People’s Party and State Secretary for the Aid of Persecuted Christians Tristan Azbej, who accused Papai of blasphemy and sued the outlet. Government-aligned media launched what was characterized as a campaign of intimidation against Papai; for example, Szent Korona (Holy Crown) Radio station asked its followers to share his home address, because “there are many who would pay him a visit.”
According to OMH, Muslims serving prison sentences regularly received meals with pork meat or pork fat, despite complaints.
On January 6, state-run Kossuth Radio announced the appointment of Beatrix Siklosi as its new director. Citing what they described as Siklosi’s long record of making and sharing anti-Semitic and racist statements – including posting racist jokes and linking to the anti-Semitic website kuruc.info on social media as well as hosting Holocaust denier David Irving on one of her previous shows – 21 Jewish organizations published a joint open letter on January 27 to the public media organization MTVA’s Chief Executive Officer, Daniel Papp, asking him to terminate Siklosi’s appointment. Papp rejected the accusations of anti-Semitism against Siklosi as unfounded. Chief Rabbi of the Unified Hungarian Jewish Congregation (EMIH) Slomo Koves stated that Siklosi’s appointment was “unacceptable,” and Mazsihisz referred to its statement from 2014 condemning Siklosi’s appointment to another position, adding that it maintained its concerns regarding her.
On August 20, the government awarded the Hungarian Order of Merit to historian Erno Raffay, whom media and other historians have criticized for disseminating anti-Semitic views. At a public forum in 2015, Raffay complained about the number of Jews in the country before the Holocaust, stating, they “pushed us out from our positions in science, schools, academy, university, banking, estates, and professions.” European Commission Coordinator on Combatting Anti-Semitism Katharina von Schnurbein criticized Raffay in a tweet on August 25 for openly spreading “anti-Semitic speech and conspiracy myths.”
Jewish groups Mazsihisz and EMIH expressed concern about the government’s decision to include writers widely viewed as anti-Semitic, including member of the Arrow Cross Party Jozsef Nyiro and convicted war criminal Albert Wass, while removing Nobel laureate for literature and Hungarian Holocaust survivor Imre Kertesz as mandatory reading material in the new national curriculum, which became effective on September 1 in elementary and secondary public schools.
Several Jewish leaders criticized Laszlo Biro, a Jobbik Party member and the opposition parties’ unsuccessful joint candidate in the October 11 by-election in Borsod County, for anti-Semitic and racist statements. Biro’s previous social media comments included referring to Budapest as “Judapest” and complaining about the number of foreign Jews staying at hotels in his district. EMIH Chief Rabbi Koves said that it was worrying that “the parties that support him [Biro] indirectly legitimize anti-Semitism.” Earlier in August, referring to Biro’s comments, Mazsihisz president Andras Heisler said his organization condemned “acts of incitement against any ethnic, religious, or sexual minority.”
During a local council meeting on June 25, Imre Lazlo, mayor of a Budapest district and member of the opposition Democratic Coalition Party, said that “The work [Hitler] had accomplished” prior to becoming Time magazine’s Man of the Year in 1938 “practically brought advancement for Germany, in a spectacular way, after the global recession. What happened afterwards does not really fit into this picture.” On June 26, Laszlo issued a statement to apologize for his remarks, highlighting his Jewish roots and that many of his family members were killed in Nazi death camps.
The opening of the House of Fates, a proposed new Holocaust museum and education center in Budapest, remained pending. The museum concept, which leading Jewish groups and Holocaust scholars criticized as an attempt to obscure the role of the World War II-era Hungarian state and its leader, Miklos Horthy, in the Holocaust, continued to generate criticism. Horthy allied the country with Nazi Germany and deported more than 400,000 Jews to Nazi death camps. Chief Rabbi Koves of EMIH, which owned the museum, stated in November that he was working with design firms and historians and predicted the potential opening on or before the 80th anniversary of the 1944 deportation of Hungarian Jews in 2024.
At year’s end, the government had not shared its final research assessment into heirless and unclaimed property, nor had it yet agreed to requests by the World Jewish Restitution Organization (WJRO) for further discussions on a roadmap to begin negotiations. In April 2019, the WJRO presented the government with its assessment of the government’s second set of research on heirless property.
When speaking about a proposal from a Jewish, Hungarian-born, U.S. citizen investor on how the EU should finance the COVID-19 recovery fund, Prime Minister Orban said in an interview in April that “they really love interest,” which some observers described as a veiled anti-Semitic message. In April, some government-aligned media said that the same investor was “probably” betting against the nation’s currency and responsible for its weakening in the spring.
In a November opinion piece published by progovernment media outlet Origo.hu, Ministerial Commissioner and director of the Petofi Literary Museum Szilard Demeter called the same American financier the “liberal Fuhrer” and wrote that Europe was his “gas chamber,” with “poisonous gas” flowing from the capsule of a “multicultural open society.” Referring to the debate over the EU’s proposed mechanism that conditioned payments from the EU budget on respect for the rule of law, Demeter described Poles and Hungarians as “the new Jews” targeted by “liber-Aryans” who are told they “have a big nose (sic)…stink…and are full of lice.” Mazsihisz, EMIH, the American Jewish Committee Central Europe office, and the International Auschwitz Committee, among others, condemned Demeter’s comments, and all major opposition parties called for his resignation. On November 29, Demeter stated he would retract his article and delete his Facebook page “independently of what I think.” He added, “Those criticizing me are correct in saying that to call someone a Nazi is to relativize, and that making parallels with Nazis can inadvertently cause harm to the memory of the victims.” As of December, government officials continued to defend Demeter’s continued tenure as a ministerial commissioner, stating that he had retracted the piece and apologized.
Government officials continued to make statements in defense of a “Christian Europe.” In an essay published on the occasion of the start of the fall parliamentary session, Prime Minister Orban wrote in the daily Magyar Nemzet on September 21 that while Central European countries were choosing a migration-free future, the majority population in large Western European cities and 20 percent of the European population would be Muslim by 2050. On August 31, Deputy Prime Minister Semjen stated the government had built or refurbished approximately 3,000 churches in the Carpathian basin since 2010, and he pledged that “none of those churches will be turned into mosques or shopping malls.”
In January, Prime Minister Orban and his wife attended the International Holocaust Remembrance Day commemoration at the Auschwitz-Birkenau concentration camps to mark the 75th anniversary of the camp’s liberation. Orban posted a photo on Facebook of a guard’s tower with the barbed wire fence in the background and a quote from the Old Testament, “Tell it to your children,” and media published a photo of Orban lighting a candle at the Hungarian memorial to the victims of the Birkenau camp. In a speech at the European Jewish Organization Symposium commemorating the same anniversary, Justice Minister Judit Varga stated that the country had “zero tolerance for anti-Semitism,” adding, “Manifestations of anti-Semitism are met with a determined response by the state leadership,” and that Hungary was “the most secure country for Jews in Europe.”
At year’s end, the government had provided 216.4 billion forints ($729.2 million) to established churches (compared with 64.8 billion forints – $218.4 million – during 2019), of which 96 percent – 209 billion ($704.3 million) – went to the four historical churches. The Roman Catholic Church received 161.7 billion forints ($554.9 million), the Reformed Church 37.7 billion forints ($127 million), the Evangelical Church 6.8 billion forints ($22.9 million), Mazsihisz two billion forints ($6.7 million), EMIH 534 million forints ($1.8 million), and the Jewish Orthodox community 281 million forints ($947,000). The religious groups that received the bulk of the government’s financial support used the funds for such activities as building maintenance; public educational and social services; religious instruction and cultural activities; community programs and investments; employee wages, and faith-based activities for citizens living abroad. The government provided an additional 211.3 million forints ($712,000) to other religious groups.
Jewish groups inaugurated synagogues that had been renovated with state funding. In September, the Lakitelek People’s College, established by Deputy Speaker of Parliament Sandor Lezsak, transferred the ownership of a wellness resort called “Hungarikum Liget,” consisting among other things of a hotel, winery, a riding house, and a footgolf course, to the Szeged-Csanad Catholic archdiocese. The government provided 30 billion forints ($101.1 million) in state support for the project, according to press reports.
In November, the Hungarian Reformed Church elected former Minister of Human Capacities Zoltan Balog as Bishop of the Dunamellek Diocese.
According to statistics the tax authority published on September 9, 114 churches and religious groups received 1 percent personal income tax allocations. In 2019, only the 32 established – or in the previous terminology “incorporated” – churches were eligible for this tax allocation. As in previous years, the churches receiving the most allocations were the Catholic Church, with 708,237 persons contributing 3.9 billion forints ($13.1 million); Hungarian Reformed Church, with 292,768 persons contributing 1.6 billion forints ($5.4 million); and Lutheran Church, with 80,237 persons contributing 478 million forints ($1.6 million). The Hungarian Society for Krishna Consciousness ranked fourth, with 71,470 persons contributing 448 million forints ($1.5 million). Both reform Jewish groups (Sim Shalom and Bet Orim) became eligible to receive 1 percent personal income tax allocations, in addition to the other three established Jewish groups of Mazsihisz, EMIH, and Orthodox. Among the Jewish groups, Mazsihisz received the largest allocation.
In March, the Lutheran Church signed a cooperation agreement with the government to carry out social and educational activities. In July, the Faith Church (a Christian church that belongs to the Pentecostal movement) concluded a comprehensive cooperation agreement with the government. Building on a previous agreement from 2006, Deputy Prime Minister Zsolt Semjen and church leader Reverend Sandor Nemeth stated at the signing ceremony that the agreement provided legal and financial guarantees for the operation of the church’s institutions.
The country is a member of the International Holocaust Remembrance Alliance.
Section III. Status of Societal Respect for Religious Freedom
The NGO Action and Protection Foundation, which monitors anti-Semitism, reported 16 anti-Semitic incidents in the first half of the year, including one case of discrimination, 11 of hate speech, and four of vandalism. Muslim organizations did not collect statistical data; however, OMH reported that while physical assaults were rare, verbal insults were frequent, in particular against persons wearing headscarves or who had darker skin and spoke a foreign language. According to OMH, the majority of the population regarded Muslims with suspicion.
An estimated 500 to 600 members of what were widely described as radical right-wing and neo-Nazi groups from Hungary and other European countries gathered on February 8 for the “Day of Honor” in Budapest that commemorated the attempted “breakout” of German and Hungarian troops in February 1945 during the siege of the city by the Soviet Red Army. Dressed in black and carrying flags of their respective far-right movements, they laid wreaths to honor Nazis and their collaborators. While police initially banned the event, the Budapest-Capital Regional Court subsequently overturned the ban. Separated by a line of police, some 300 to 500 counterdemonstrators chanted and drummed during the event. According to media, “There were no major conflicts – while there were smaller hassles.” The commemoration was followed by a march along the route of the attempted siege-breakers in which some participants wore historical uniforms and insignias. The commemoration received favorable coverage in some government-aligned media. No government officials condemned the event and no charges were brought against the participants.
On March 1, approximately 1,000 people took part in a march in Budapest, organized by the far-right party Mi Hazank and the Betyarsereg and 64 Counties extremist groups, honoring the centennial of World War II-era Hungarian leader Miklos Horthy’s coming to power.
According to OMH, a job interviewer, commenting on a Muslim interviewee whose mother tongue was Hungarian, said he wanted a “Hungarian person,” but instead an “Ali” showed up. The Muslim applicant did not receive a job offer and did not take legal action.
According to an EU-funded survey of Hungarian residents, Combating Anti-Semitism in Central Europe, conducted in December 2019 in local partnership with the Republikon research institute, 10 percent of respondents believed Jews were frequent victims of hate speech, followed by Muslims (9 percent); 41 percent said they did “not sympathize” with Muslims, while 15 percent did not sympathize with Jews. Regarding attitudes and types of hate speech towards Jews, 45 percent of respondents had encountered anti-Semitic stereotypes, 41 percent insults, 35 percent grotesque depictions of Jews, and 27 percent had not encountered any type of hate speech. Forty-nine percent agreed with the statement that Jews had substantial influence on world developments and the economy, while 38 percent agreed that, for Jews in the country, Israel was more important than Hungary; 34 percent believed the Holocaust received too much attention in public debates.
An analysis by online research group SentiOne of Hungarian comments on social media between January 1 and April 15 found the second highest share of negative comments (24 percent) were directed against Jews, and 43 percent of those who commented on Jews blamed them for the COVID-19 pandemic.
In February, the Pew Research Center published a survey on attitudes towards democratic principles, such as regular elections, free speech, and free civil society, as well as religious freedom, in 34 countries, based on interviews it conducted in its Spring 2019 Global Attitudes Survey. According to the findings, 70 percent of Hungarian respondents considered religious freedom to be “very important,” ranking it among their lowest priorities for democratic principles among the nine tested.
In March, Mazsihisz reported that vandals severely damaged gravestones in the Jewish cemetery of Kiskunfelegyhaza, southeast of Budapest. Repair costs were estimated at between 300,000 and 2.5 million forints ($1,000-$8,400). Mazsihisz filed a criminal complaint with the police.
Mazsihisz reported that on November 1, vandals smashed three headstones and left human feces on another at a Jewish graveyard in Kecel, south of Budapest.
In June, there were two vandalism cases, one of which concerned a swastika drawn on a poster of a Jewish high school in Budapest, and the other a swastika painted on a public wall in Debrecen, in eastern Hungary.
In October, NGOs reported authorities closed the investigation, without filing charges, into an October 2019 attack in Budapest on the Aurora NGO center – run by a Jewish youth organization – by approximately 50 members from Legio Hungaria, a group widely described as neo-Nazi.
On February 2, the general assembly of Mazsihisz adopted a proposal to include Sim Shalom and Bet Orim, the country’s two reform Jewish groups, as associate members.
The Christian-Jewish Council, an informal platform for discussion for Catholic, Lutheran, Reformed, and Baptist Churches and Jewish groups, held events such as joint prayers on International Holocaust Remembrance Day. Because of COVID-19 restrictions, the council organized fewer events than in previous years.
Section IV. U.S. Government Policy and Engagement
In meetings and discussions with the government, including officials from the PMO in charge of church and Jewish issues, the Ambassador and embassy representatives advocated restitution of heirless Jewish property seized during the Holocaust, historical commemoration of the Holocaust, and religious freedom, and discussed provisions of the religion law.
The Ambassador and embassy officials also discussed heirless property restitution with the WJRO.
Embassy and Department of State officials, including the Special Envoy to Monitor and Combat Anti-Semitism and the Special Envoy for Holocaust Issues, held discussions with representatives of the Jewish community on anti-Semitism; challenges in promoting tolerance and historical truth in education; the community’s relationship with the government; the House of Fates museum concept; restitution issues; activities of the Budapest-based Holocaust Memorial Center; and Holocaust commemoration. The embassy issued a statement in August that said, “Neo-Nazi or other hate groups should not be tolerated in any society,” which also referenced Legio Hungaria’s October 2019 vandalizing of the Aurora NGO center. In November, the embassy issued a statement condemning an opinion piece that equated debate over EU policy to the Holocaust, noting that there should be no tolerance for Holocaust relativization or minimization.
In January, in remembrance of the 75th anniversary of the liberation of Auschwitz and the Budapest Ghetto as well as Holocaust Remembrance Day, the Charge d’Affaires participated in three commemoration events hosted by the Holocaust Memorial Center and Jewish groups. On each occasion, the Charge emphasized the importance of religious freedom with a diverse group of religious leaders, and the embassy amplified that message for a broader audience through its website and social media accounts. Embassy officials also visited the Holocaust Memorial Center to remember those who lost their lives and demonstrate the United States’ commitment to “never again,” and posted about the visit on social media. The embassy maintained regular contact with leaders of various religious communities, including the four historical groups, as well as Baptists, Muslims, the COS, and religious groups that lost incorporated church status in 2011, such as MET, Bet Orim, and Sim Shalom, to understand their concerns, encourage religious freedom and tolerance, and discuss the effects of the religion law, anti-Semitism, and anti-Muslim rhetoric.
On October 13, the Ambassador gave remarks at an event commemorating Cardinal Jozsef Mindszenty – who was imprisoned for opposing both fascism and communism in the country and took refuge in the embassy for 15 years – in which he emphasized U.S. support for religious freedom for all.
The Ambassador and embassy officials participated in events organized by various Jewish organizations, such as visits to newly inaugurated synagogues in Budapest, to highlight support for the Jewish community and to promote religious tolerance. At all these events, embassy representatives reiterated U.S. support for religious freedom and discussed issues of concern to the Jewish community.
Section I. Religious Demography
The U.S. government estimates the total population at 128.6 million (midyear 2020 estimate). According to the Mexican government’s 2020 census, the total population is approximately 126 million. According to the 2020 census, approximately 78 percent of the population identifies as Catholic (compared with 83 percent in 2010); 11 percent as Protestant/Christian Evangelical; and 0.2 percent as other religions, including Judaism, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), and Islam. More than 2.5 percent of the population report practicing a religion not otherwise specified (compared with more than 2 percent in 2010) and nearly 8.1 percent report not practicing any religion (compared with 5 percent in 2010). Some indigenous persons adhere to syncretic religions drawing from indigenous beliefs.
Official statistics based on self-identification during the 2010 census, the most recent available for detailed estimates on religious affiliations, sometimes differ from the membership figures stated by religious groups. Approximately 315,000 individuals identify themselves as members of the Church of Jesus Christ. Church of Jesus Christ officials, however, state their membership is approximately 1.5 million. There are large Protestant communities in the southern states of Chiapas and Tabasco. In Chiapas, evangelical Protestant leaders state nearly half of the state’s 2.4 million inhabitants are members of evangelical groups and other Christians, including Seventh-day Adventists; however, fewer than 5 percent of 2010 census respondents in Chiapas self-identify as evangelical Protestant. There are also small numbers of followers of Luz del Mundo (LLDM), the Old Catholic Church (Veterocatolica), and the Church of Scientology, as well as Anglicans, Lutherans, Methodists, Baha’is, and Buddhists. The 2010 census lists 5,346 Buddhists. According to media reports, there are 1.5 million followers of LLDM. According to a 2015 Autonomous University of Ciudad Juarez report, there are 50,000 Methodists and 30,000 Anglicans in the country. According to the Baha’i Faith Facebook page, there are 12,000 Baha’is, with hundreds coming from small indigenous communities.
An estimated half of the country’s approximately 100,000 Mennonites are concentrated in the state of Chihuahua. According to the 2020 census, the Jewish community totals approximately 58,800 persons, with the vast majority living in Mexico City and the state of Mexico. According to the 2020 census, the Muslim community numbers 7,982 persons. According to SEGOB, nearly half of the country’s Muslims are concentrated in Mexico City and the state of Mexico. There is also an Ahmadi Muslim population of several hundred living in the state of Chiapas, most of whom are converts of ethnic Tzotzil Maya origin.
Section II. Status of Government Respect for Religious Freedom
The constitution states all persons have the right to follow or adopt the religion of their choosing, or not to follow a religion. This freedom includes the right to participate individually or collectively, both in public and in private, in ceremonies, devotions, and acts of worship if they do not constitute an offense otherwise prohibited by law. Article 40 of the constitution declares the country a secular state. Secularism is mentioned in three other articles, including one dedicated to education. Philosophical freedoms of conscience and religion receive equal treatment by the state. Congress may not dictate laws that establish or prohibit any religion. Religious acts of public worship should be held in places of worship. Individuals who conduct religious ceremonies outside of places of worship, which requires a permit, are subject to regulatory law. Active clergy may not hold public office, advocate partisan political views, support political candidates, or publicly oppose the laws or institutions of the state.
To establish a religious association, applicants must certify the church or other religious group observes, practices, propagates, or instructs a religious doctrine or body of religious beliefs; has conducted religious activities in the country for at least five years; has established domicile in the country; and shows sufficient assets to achieve its purpose. Registered associations may freely organize their internal structures and adopt bylaws or rules pertaining to their governance and operations, including the training and appointment of their clergy. They may engage in public worship and celebrate acts for the fulfillment of the association’s purpose lawfully and without profit. They may propagate their doctrine in accordance with applicable regulations and participate in the creation, management, maintenance, and operation of private welfare, educational, and health institutions, provided the institutions are not for profit.
Religious groups are not required to register with DGAR to operate. Registration is required to negotiate contracts, purchase or rent land, apply for official building permits, receive tax exemptions, or hold religious meetings outside of customary places of worship. A religious group registering for the first time may not register online; its representatives must register in person. Religious groups must apply for permits to construct new buildings or convert existing buildings into places of worship. Any religious building constructed after January 27, 1992, is the property of the religious group that built it and is subject to relevant taxes. All religious buildings erected before then are considered part of the national patrimony and owned by the state.
Religious associations must notify the government of their intention to hold a religious meeting outside their licensed place or places of worship. Religious associations may not hold political meetings of any kind or own or operate radio or television stations. Government permission is required for commercial radio or television to transmit religious programming.
The federal government coordinates religious affairs through SEGOB. Within SEGOB, DGAR promotes religious tolerance, conducts conflict mediation, and investigates cases of religious intolerance. If a party presents a dispute based on allegations of religious intolerance, DGAR may mediate a solution. Each of the 32 states has offices responsible for religious affairs. The National Council to Prevent Discrimination (CONAPRED) is an autonomous federal agency responsible for ensuring nondiscrimination and equal opportunity, including for minority religious groups.
The law provides that prisoners receive dignified and equal treatment from prison staff without distinction based on religious preferences.
The constitution requires that public education be secular and not include religious doctrine. Religious groups may operate private schools that teach religion and hold religious ceremonies at their schools. Private schools affiliated with a religious group are open to all students regardless of their religious beliefs. Students in private schools are exempt from participating in religious courses and activities if the students are not affiliated with the school’s religious group. Homeschooling is allowed at the secondary level after completion of schooling at an accredited primary school.
A visa category exists for foreign clergy and religious associates to obtain a temporary resident visa or visitor visa without permission to perform paid religious activities.
The constitution recognizes the right of indigenous communities to autonomy and codifies their right to use their own legal systems for the resolution of conflicts within their communities, while respecting human rights as defined in the constitution and the international treaties to which the country is a signatory. The constitution also protects the right of indigenous leaders to practice their own “uses and customs.” This right of self-governance for indigenous communities sometimes conflicts with other rights provided by the constitution, including freedom of religion, for members of those communities.
The country is a party to the International Covenant on Civil and Political Rights (ICCPR). It claims both an interpretative statement and a reservation relating to freedom of religion in the covenant. Article 18 of the ICCPR states that countries may limit religious freedom only when it is “necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.” The country’s interpretative statement states that religious acts must be performed in places of worship unless granted prior permission and that the education of religious ministers is not officially recognized.
DGAR continued to work with state and local officials to mediate conflicts involving religious intolerance. DGAR investigated four cases related to religious freedom at the federal level during the year, compared with seven in 2019. The cases were in the states of Morelos, Chiapas, and Guerrero. Most of these cases involved religious minorities who stated members of the majority religious community where they lived had deprived them of their rights and basic services, including water and electricity. At year’s end, no updates were available on the cases. According to DGAR, most incidents of religious discrimination should have been filed with the state government because the federal government did not hold jurisdiction. Some NGOs stated municipal and state officials mediated disputes between religious groups, but government officials said this was not official practice. NGOs noted municipal and state officials frequently sided with local leaders at the expense of minority religions. Some groups also said officials rarely pursued legal punishments against offending local leaders, preferring instead to reach informal mediated solutions. According to CSW, informal mediated solutions rarely led to change in the status quo and favored the majority religious group.
During the year, CONAPRED did not receive any complaints of religious discrimination, compared with four in 2019. According to some sources, cases of religious discrimination were often not reported due to lack of awareness of the filing process.
As of September, DGAR listed 9,558 registered religious associations, including an additional 94 groups registered in December 2019. According to DGAR, it did not register any new religious associations during the year due to COVID-19. Registered groups included 9,515 Christian, 12 Buddhist, 10 Jewish, three Islamic, two Hindu, and two International Society for Krishna Consciousness groups as well as 14 new religious expression groups. According to DGAR, new religious expressions groups are philosophical or spiritual communities that might be born of new beliefs or be part of a broader religion; they are on the periphery of traditional religions.
According to media reports, on May 24, the indigenous community of San Jose Puerto Rico, Huixtan, in the state of Chiapas, expelled six evangelical Protestant families. The families said local community authorities arrested and jailed them for not practicing Catholicism. Following their arrests and release, the families abandoned their homes, belongings, and animals.
According to CSW, as of August, community members continued farming in their attempt to appropriate the land of one of four evangelical Protestant families forcibly displaced by community members of Cuamontax, in the state of Hidalgo, in July 2019. On June 15, the UN Special Rapporteur on Freedom of Religion or Belief made an inquiry of the government; on August 12, officials of the Mexican Permanent Mission to the United Nations acknowledged receipt of the inquiry and said they would relay it to relevant offices. As of year’s end, the government had not provided a substantive response.
NGOs and some religious organizations continued to state that several rural and indigenous communities expected residents, regardless of their faith, to participate in and fund traditional community religious gatherings and in some cases, to adhere to the majority religion. According to CSW’s 2020 report, some Protestant minority families from indigenous communities were denied access to crucial utilities, such as water and electricity, and some children were not allowed to attend local schools because their families did not adhere to the majority religion. In the state of Chiapas, 12 Protestants who were detained and then released in 2019 remained without access to water after declining to participate in Catholic festivities.
In July, the SCJN issued a ruling guaranteeing reintegration and protection for a group of indigenous Jehovah’s Witnesses in Tuxpan de Bolanos, in the state of Jalisco. In 2017, community members expelled the Jehovah’s Witnesses for refusing to participate in Catholic community activities. The court decided the affected parties should reintegrate into the territory of their communities and ordered state authorities to guarantee their security. The court also ruled the Jehovah’s Witnesses should be relocated to a different part of the territory and their prior community could continue to deny their “rights and obligations” as community members “as they no longer share an essential element, their religion.” The court ruling restored the Jehovah’s Witnesses’ access to housing and their personal belongings in the territory as well as the ability to make a living. The court also ruled the Jehovah’s Witnesses should be relocated to a different plot of land within the territory because the indigenous community was allowed to exclude the Jehovah’s Witnesses from the rights and obligations they would enjoy as full community members. According to CSW, the SCJN’s ruling was the first to provide protection for indigenous persons whose rights were reportedly abused through an indigenous community’s legally protected “uses and customs.”
According to DGAR, the federal government continued to promote dialogue with religious actors with the goal of ensuring the exercise of religious freedom and resolving conflicts involving religious intolerance. In September 2019, SEGOB launched the National Strategy for the Promotion of Respect and Tolerance of Religious Diversity: We Create Peace. DGAR advanced the three main pillars of the strategy: dialogue, dissemination, and training to promote religious freedom. Through outreach, DGAR encouraged state and municipal directors to act as auxiliaries of DGAR and assist in resolving religious intolerance issues immediately to protect the human rights of minority religious group members. According to Jorge Lee Galindo, deputy director general in SEGOB’s Religious Issues Office, DGAR trained government employees and religious leaders on DGAR’s paperwork process during the year so they could access the services DGAR offers at the municipal and state levels.
Religions for Inclusion, a government-run interfaith working group, held several meetings to discuss gender-based violence, generalized violence, efforts to search for the disappeared, and COVID-19. The group regularly discussed their experiences with religious intolerance or discrimination. CONAPRED established Religions for Inclusion to create institutional dialogue to deepen its understanding of other faiths, build common ground, and coordinate collective action on issues involving shared social concerns. Members of the group included leaders of the Protestant, evangelical Christian, Roman Catholic, Church of Jesus Christ, LLDM, Old Catholic Church (Veterocatolica), Jewish, Muslim, Sikh, Baha’i, Buddhist, and Church of Scientology communities.
Section III. Status of Societal Respect for Religious Freedom
Because religious leaders were often involved in political and social activism, thus often being exposed to generalized violence, it was difficult to categorize many incidents as being based on religious identity. The CMC identified the country as the most violent country for priests in Latin America for the 12th year in a row, stating that over two dozen priests were killed over the past decade and emphasizing the situation reflected the high levels of generalized violence in the country. According to some NGOs and media reports, organized crime groups continued to single out some Catholic priests and other religious leaders and subject them to killings, extortion attempts, death threats, kidnappings, and intimidation, reportedly due to their perceived access to financial resources or their work helping migrants. According to CSW, while the high levels of fear and lack of documentation made it difficult to assess the extent of criminal group harassment of and attacks on religious figures, both Catholic and Protestant leaders said the impact on religious freedom was “alarming.” Also according to CSW, some religious leaders said local and state police labeled the attacks and killings of religious leaders as “common crime,” rather than investigating the cases fully. Federal government officials and Catholic Church authorities continued to state that these incidents were not a result of religious beliefs, but rather were incidents related to the overall security situation and crime. According to NGO sources, criminal elements attacked Catholic priests and other religious figures to create fear in the community and a culture of silence, which allowed their acts, such as drug and weapons trafficking, to continue unhindered.
Multiple NGOs said religious leaders of varied denominations and religions were attacked, kidnapped, and threatened throughout the year, including the killings of two evangelical Christian pastors in two separate incidents. According to CSW, in May, individuals kidnapped a pastor in the state of Guanajuato, whom they killed after they did not receive ransom; no additional details regarding motive were available. According to press reporting, in August, perpetrators of a targeted home invasion killed a female leader of the Christian group New Order in the state of Chihuahua. No motive for the killing was apparent. Members of the New Order condemned the killing and called on the government to stop the violence and protect the community. According to the CMC, in January, a group of assailants kidnapped, tortured, and attempted to kill a Catholic priest, Father Roly Candelario Pina Camacho, in Puebla. Attackers shot him multiple times and abandoned him on the Puebla-Mexico City highway after family members paid a ransom. The priest sought help and survived. In April, Catholic priest Marcelo Perez, based in the state of Chiapas, received death threats by telephone, presumably from a cartel, according to media reports. According to Perez, the caller threatened not only him, but his family and his congregants if he did not “get in line” with the cartel’s demands. According to a church press release, the cartel threatened to massacre worshippers in the church. At year’s end, the CMC did not have record of any Catholic priests killed in the country during the year, compared with one Catholic priest killed in 2019.
According to the CMC, unidentified individuals burglarized, vandalized, and committed acts of violence against churches, with a weekly average of 27 Catholic churches affected throughout the year. Some of the incidents reportedly involved women seeking access to birth control and the legalization of abortion, which the Catholic Church opposes. According to media, on March 9, demonstrators in several marches organized for International Women’s Day vandalized church buildings, public structures, and businesses. The same day, a small group of protesters advocating support for abortion rights threw paint and flammable liquids at Mexico City’s cathedral. Small numbers of Catholic Church supporters tried to protect the cathedral. Protesters also vandalized Catholic churches in the states of Xalapa, Campeche, and Hermosillo.
Jewish community representatives assessed online anti-Semitic messages, symbols, and language from January through September 17, finding Twitter accounted for 69 percent of the anti-Semitic content, news sources 18 percent, online forums 8 percent, and blogs 4.5 percent. Anti-Semitic tweets typically referenced the Holocaust and Hitler, used other derogatory language, and questioned Israel’s right to exist.
In September, Volkswagen apologized after a customer visiting one of its showrooms tweeted a photograph of a World War II Nazi rally being addressed by Adolf Hitler, replete with a large swastika, hanging on the showroom’s walls. The tweet quickly went viral. The customer had photographed the image during a visit to the showroom, located in Coyoacan Municipality near Mexico City. In a letter to Steffen Reiche, the president of Volkswagen’s operations in Mexico, the Simon Wiesenthal Centre urged the company to cut ties with the dealership where the Nazi imagery was displayed. “We expect you to immediately identify those responsible and publicly announce the action you will take. The most appropriate would be to drop the concession completely to pass a clear message to your customers that you have learned from your history,” the letter stated.
In February, the Pew Research Center published findings on attitudes towards democratic principles, such as regular elections, free speech, and free civil society, as well as religious freedom, in 34 countries, based on interviews it conducted in its Spring 2019 Global Attitudes Survey. According to the findings, 52 percent of Mexican respondents considered religious freedom to be “very important,” ranking it second of their priorities for democratic principles among the nine tested.
Religions for Peace, an interreligious working group, continued to be active in the country, conducting interfaith roundtables and outreach events. Member groups included the Jewish Communities of Mexico, Buddhist Community of Mexico, Sufi Yerrahi Community of Mexico, Sikh Dharma Community of Mexico, Anglican Church, Lutheran Church, and the Church of Jesus Christ.
Section IV. U.S. Government Policy and Engagement
Embassy and consulate representatives met regularly with government officials responsible for religious and indigenous affairs at both the federal and state levels. Embassy and consulate human rights officers regularly and repeatedly raised these issues with foreign affairs and interior secretariat officials. U.S. officials raised concerns regarding the continued harassment of religious leaders and abuses against religious minorities, especially evangelical Protestants, by religious majority groups and local authorities.
The Ambassador and a senior embassy official met with religious and civil society leaders during travel throughout the country to reinforce the U.S. government’s commitment to religious freedom. In January, a senior embassy officer met with the president of the Central Committee of the Jewish Community in Mexico and expressed appreciation for the committee’s work on anti-Semitism. In August, the Ambassador spoke to leaders of the Central Committee of the Jewish Community in Mexico and learned more about the community’s response to COVID-19. In October, the Ambassador visited the Jewish Documentation and Investigation Center, where he highlighted the importance of religious freedom and tolerance.
In January, the Ambassador visited Colegio Israelita (Israelite School), a private kindergarten to 12th grade Jewish school in Mexico City, and gave brief remarks at its Holocaust Remembrance Day ceremony. The Ambassador stressed the United States will continue to defend human rights as well as combat anti-Semitism or any other form of hatred.
Embassy representatives met with members of religious groups and religiously affiliated NGOs, including the Central Jewish Committee, CMC, and CSW, to discuss the safety of religious workers focusing on humanitarian issues, assess the status of religious freedom, and express support for religious tolerance.
Section I. Religious Demography
The U.S. government estimates the population at 21.3 million (midyear 2020 estimate). According to a 2011 government census, ROC adherents constitute 86.5 percent of the population and Roman Catholics almost 5 percent. According to the census, there are approximately 151,000 Greek Catholics; however, Greek Catholics estimate their numbers at 488,000. According to the Greek Catholic Church, since the time of the census, a significant number of persons whose Greek Catholic families were forced to covert during the Communist regime rediscovered their roots and joined the Greek Catholic Church. Other religious groups include Old Rite Russian Christians; Protestants, including Reformed Protestants, Pentecostals, Baptists, Seventh-day Adventists, Evangelical Lutherans, and Evangelical Augustans; Jews; Muslims; Jehovah’s Witnesses; Baha’is; The Church of Jesus Christ of Latter-day Saints; Zen Buddhists; the Family (God’s Children); the Family Federation for World Peace and Unification (Unification Church); the Church of Scientology; and the International Society of Krishna Consciousness. Atheists and nonbelievers represent less than 1 percent of the population.
According to the 2011 census, Old Rite Russian Christians are mainly located in Moldavia and Dobrogea. Of the 64,337 Muslims accounted for in the 2011 census, 43,279 live in the southeast near Constanta. Most Greek Catholics reside in Transylvania. Protestants of various denominations and Roman Catholics reside primarily in Transylvania. Orthodox and ethnic Ukrainian Greek Catholics live mostly in the north. Orthodox ethnic Serbs are primarily in Banat. Members of the Armenian Apostolic Church are concentrated in Moldavia and the south. Virtually all members of the Protestant Reformed and Unitarian Churches of Transylvania are ethnic Hungarians. More than half of the Roman Catholic and Evangelical Lutheran Churches in Transylvania are composed of ethnic Hungarians. Approximately 40 percent of the country’s Jewish population of 3,400 resides in Bucharest.
Section II. Status of Government Respect for Religious Freedom
The constitution prohibits restricting freedom of thought, opinion, conscience, or religious beliefs, as well as forcing individuals to espouse a religious belief contrary to their convictions. It stipulates all religions are independent from the state and have the freedom to organize “in accordance with their own statutes” under terms defined by the law. The law on religious freedom and religious denominations specifies the state’s recognition of the “important role of the Romanian Orthodox Church” as well as the role of “other churches and denominations as recognized by the national history” of the country.
The constitution states religious denominations shall be autonomous and enjoy state support, including the facilitation of religious assistance in the army, hospitals, penitentiaries, retirement homes, and orphanages. Only clergy members of recognized religious denominations may be hired by the government as military or prison chaplains. Regulations state that clergy members of religious associations may be granted access to prisons on a case-by-case basis in certain conditions. There are no similar regulations for religious groups. The law forbids public authorities or private legal entities from asking individuals to specify their religion, except for the census.
The provisions of the law devoted to religion stipulate a three-tier system of religious classification, with “religious denominations” at the highest level, followed by “religious associations,” and “religious groups” at the most basic level. Organizations in the top two tiers are legal entities, while religious groups are not. Civil associations established under separate provisions of the law governing associations and foundations may also engage in religious activities and have the status of legal entities.
By law, there are 18 religious organizations recognized as “religious denominations,” all of which were in existence at the time the law on religion was enacted in 2006: the ROC, Orthodox Serb Bishopric of Timisoara, Roman Catholic Church, Greek Catholic Church, Old Rite Russian Christian (Orthodox) Church, Reformed (Protestant) Church, Christian Evangelical Church, Romanian Evangelical Church, Evangelical Augustan Church, Evangelical Lutheran Church, Unitarian Church, Baptist Church, Pentecostal Church, Seventh-day Adventist Church, Armenian Apostolic Church, Federation of Jewish Communities, Muslim Denomination (Islam), and Jehovah’s Witnesses.
For additional organizations to obtain recognition as religious denominations, the law specifies they must demonstrate 12 years of continuous activity beginning in 2006. A religious association is then eligible to apply for the status of religious denomination if it has a membership of at least 0.1 percent of the population as counted at the most recent census (approximately 20,120 persons).
The law defines a religious association as an organization of at least 300 citizens who share and practice the same faith and has attained legal status through registration with the Registry of Religious Associations in the office of the clerk of the court where the main branch of the association is located. To register, religious associations must submit to the government their members’ personal data (e.g., names, addresses, personal identification numbers, and signatures), which the law says the government may not share with other public institutions or use in any other way. To operate as religious associations, organizations also require approval from the National Secretariat for Religious Denominations, which is under the authority of the Office of the Prime Minister.
The law defines a religious group as a group of individuals sharing the same beliefs. Religious groups do not have to register to practice their religion and do not need approval from the national secretariat to operate.
Civil associations engaged in religious activities function like secular associations and foundations; however, they do not receive the same benefits as religious denominations or religious associations. These associations do not require approval from the National Secretariat for Religious Denominations to operate. Their registration falls under the provisions of law governing the establishment of foundations, associations, and nongovernmental organizations (NGOs), which require a minimum membership of three individuals. Such civil associations are not required to submit their members’ personal data.
Under the constitution, each of the 18 recognized minorities, including Jews, is entitled to a representative in the Chamber of Deputies. An organization is required, however, to receive votes equal to 5 percent of the national average number of votes cast by district for a deputy to be elected, and any citizen, regardless of religious affiliation, may vote for them. The list of organizations that benefit from these provisions is limited to those belonging to the National Council of Minorities, which consists of organizations already in Parliament.
Religious denominations are eligible for state financial and other support. They have the right to teach religion classes in public schools, receive government funds to build places of worship, partially pay clergy salaries with state funds, broadcast religious programming on radio and television, and apply for broadcasting licenses for their own stations. Under the law, the amount of state funding a denomination receives is determined by the number of adherents reported in the most recent census, as well as by “the religious denomination’s actual needs,” which the law does not define.
Religious associations do not receive government funding and do not have the right to teach religion in public schools, but both they and religious denominations receive tax exemptions on income and buildings used for religious, educational, or other social purposes. Religious groups do not receive either government funding or tax exemptions.
Both religious denominations and religious associations may own or rent property, publish or import religious literature, proselytize, establish and operate schools or hospitals, own cemeteries, and receive tax exemptions on income and buildings used for religious, educational, or other social purposes. Religious groups have no legal status to engage in such activities; however, they may practice their religious beliefs, including in public.
Civil associations engaged in religious activities may engage in religious worship and own cemeteries. While they do not receive the same tax exemptions or other benefits granted to religious denominations and religious associations, they may receive the tax advantages and other benefits accruing to civil associations and foundations.
Legal provisions allow local authorities to fund places of worship and theological schools belonging to religious denominations, including providing funding for staff salaries and building maintenance, renovation, and conservation or construction of places of worship. No similar provisions exist for religious associations or other associations engaged in religious activities; however, these associations may receive funding through legal provisions for civil associations and foundations.
The law allows all types of religious organizations to bury their dead in cemeteries belonging to other religious organizations, except for cemeteries belonging to local Jewish and Muslim communities. By law, non-Muslims and non-Jews are not entitled to be buried in Jewish or Islamic cemeteries. Public cemeteries must have separate sections for each religious denomination if requested by the denominations operating in the locality.
The law allows clergy from recognized religious denominations to minister to military personnel. This includes the possibility of clergy to function within the Ministry of Defense, Ministry of Interior, Intelligence Service, Foreign Intelligence Service, Protection and Guard Service, Special Telecommunications Service, and General Directorate for Penitentiaries. Under various other arrangements, clergy of recognized religious denominations, and in some cases religious associations, may enter hospitals, orphanages, and retirement homes to undertake religious activities. Religious denominations and religious associations may undertake activities in penitentiaries, subject to approval by the director of the detention facility.
The law provides for the restitution of religious properties confiscated between 1940 and 1989, during World War II, and during the ensuing Communist regime, if the properties are in the possession of the state.
Under the law, if a confiscated property is used “in the public interest,” such as for a school, hospital, or museum, and is returned to its previous owner, the current occupants are allowed to remain in it for 10 years after the restitution decision and pay a capped rent. The law does not address the general return of properties currently used as places of worship by another religious group.
A separate statute on the reinstatement of the Greek Catholic Church regulates the restitution of properties to the Church from the ROC. Restitution decisions are made by a joint commission representing the two Churches and based on “the will of the believers from the communities that possess these properties.” The Greek Catholic Church may pursue court action if attempts to obtain restitution of its properties through dialogue are unsuccessful.
The law establishes a points system of compensation in cases where in-kind restitution is not possible. Religious groups may use the points only to bid on other properties in auctions organized by the National Commission for Real Estate Compensation (NCREC). The NCREC also validates compensation decisions of other local or central authorities, including those of the Special Restitution Commission (SRC), which decides on restitution claims filed by religious denominations and national minorities. The law establishes a 240-day deadline by which claimants must submit additional evidence in their cases at the specific request of the entity in charge of resolving their restitution claim. If a claimant does not meet the deadline, the administrative authority may reject the case. The authority may extend the deadline by an additional 120 days if the claimants prove they made a concerted effort to obtain the evidence, usually in the possession of other state authorities, but were unable to do so.
The law nullifies acts of forced “donations” of Jewish property during World War II and the Communist era and lowers the burden of proof for the previous owners or their heirs to obtain restitution. The law designates the present-day Federation of Jewish Communities of Romania as the legitimate inheritor of forfeited communal Jewish property and accords priority to private claims by Holocaust survivors. The law does not address heirless or unclaimed property left by Holocaust victims. According to the country’s various civil codes adopted between World War II and subsequently, heirless property and unclaimed property devolves to the government.
A law passed in October prioritizes compensation to Holocaust survivors for immovable properties confiscated during the Communist regime. Under the law, the National Authority for Property Restitution (NAPR) must make a one-time compensation payment to successful claimants who are Holocaust survivors, as opposed to other claimants who receive compensation in several tranches over a period of five years. The law expands access to prioritized processing of claims by persons residing outside of the European Union who can prove their status as Holocaust survivors with documents issued by an entity designated by the government of their country of residence. The bill also entitles original owners and their inheritors to compensation based on current-day market prices, rather than 2013 market prices, as provided for in an earlier government decision.
Romanian and foreign citizens persecuted based on ethnic criteria between 1940 and 1945, defined in the law to include Jews, are entitled to a monthly pension. The amount of the pension varies, depending on the type and length of persecution endured. The pension is available to survivors and their families who are no longer Romanian citizens, thus entitling U.S. citizen Holocaust survivors and U.S. citizen family members of Holocaust victims to the same benefits as Romanian citizens.
A law that went into effect in 2019 allows Holocaust survivors residing in foreign countries and who are eligible for compensation in Romania to prove they were victims of racial and ethnic persecution based on official documents released by institutions of the country of residence. The law exempts Holocaust survivors residing in foreign countries from having to physically submit their applications for compensation at the pension offices in Romania and allows them to use other means of communication, such as electronic mail or express mail, to apply.
By law, religious education in schools is optional in both public and private schools. Each of the 18 legally recognized religious denominations is entitled to offer religion classes, based on its own religious teachings, in schools. A denomination may offer classes regardless of the number of students adhering to the denomination in a school. The law allows for exceptions where the right of students to attend religion classes cannot be implemented “for objective reasons,” without specifying what these reasons may be.
Under the law, participation in religion classes is not obligatory. Parents of students younger than age 18 must request their children’s participation in religion classes, while students 18 and older may themselves ask to attend religion classes. Although a student normally takes a school course based on the religious teachings of the denomination to which the student belongs, it is also possible for a student to take a religion course offered by his or her denomination outside the school system and submit a certificate from the denomination to receive academic credit.
Religion teachers in public schools are government employees, but each religious denomination approves the appointment and retention of the teachers of its religion classes.
The law forbids proselytizing in public and private schools. If teachers proselytize, the school management determines the appropriate discipline, based on the conclusions of an internal committee.
The law states the religion of a child who has turned 14 may not be changed without the child’s consent; from age 16, a person has the right to choose her or his religion.
The law bans discrimination on religious grounds in all areas of public life. It also bans religious defamation and stirring conflict on religious grounds, as well as public offenses against religious symbols. Penalties may include fines varying from 1,000 to 100,000 lei ($250-$25,200), depending on whether the victim is an individual or a community.
According to amendments to a law that went into effect in 2019, deceased adherents of Judaism are exempted from autopsy upon the request of their families or the Federation of Jewish Communities in Romania and if law enforcement determines there are no suspicious circumstances surrounding their death.
By law, anti-Semitism is defined as a perception of Jews expressed in the form of anti-Jewish hatred, as well as speech and physical acts motivated by hatred that target Jews, non-Jews or their belongings, Jewish community institutions, or Jewish places of worship. Penalties for publicly promoting anti-Semitic ideas and doctrines or manufacturing and disseminating anti-Semitic symbols range from three months’ to three years’ imprisonment and the loss of certain rights such as the right to vote and run for election. Penalties for establishing anti-Semitic organizations range from three to 10 years of imprisonment and the loss of certain rights.
The law prohibits the establishment of fascist, Legionnaire (the country’s interwar fascist organization), racist, or xenophobic organizations, which it defines in part as groups that promote violence, religiously motivated hatred, or extremist nationalism, the latter term undefined. Penalties for establishing such organizations range from three to 10 years of imprisonment and the loss of certain rights. Criminal liability is waived if the person involved in establishing such an organization informs authorities before the organization begins its activity; penalties are halved if the individual helps authorities with the criminal investigation. Legislation also makes manufacturing, selling, distributing, owning with intent to distribute, and using racist, fascist, xenophobic, and Legionnaire symbols illegal. Penalties range from three months’ to three years’ imprisonment.
Publicly denying the Holocaust or contesting, approving, justifying, or minimizing it in an “obvious manner” as determined by a judge is punishable by six months’ to three years’ imprisonment or by a fine, depending on circumstances, of up to 200,000 lei ($50,400). Publicly promoting persons convicted of genocide, crimes against humanity, or war crimes may incur fines and prison terms ranging from three months to three years and from six months to five years if done online. The same penalties apply to publicly promoting anti-Semitic, fascist, Legionnaire, racist, or xenophobic ideas, worldviews, or doctrines.
The law allows religious workers from legally recognized religious organizations to enter and remain in the country under an extended-stay visa. Visa applicants must receive approval by the State Secretariat for Religious Affairs and submit evidence they represent religious organizations legally established in the country. The secretariat may extend such visas for up to five years.
The country is a party to the International Covenant on Civil and Political Rights.
The government approved four applications for religious association status during the year, compared with two religious associations approved in 2019. Approved applications were for the “Universal Reformed” Christian Apostolic Center, Belin Vale Association, Holy Trinity Christian Center, and “House of Jacob” Pentecostal Christian Union of Roma. As of December, 40 entities with diverse religious affiliations were registered as religious associations, up three from 36 in 2019.
Some minority religious groups continued to state they viewed the 300-person membership requirement and the need to submit their members’ personal data for registration as a religious association as discriminatory because other types of associations required only three members and did not have to submit the personal data of their members. They also continued to criticize the three-tier classification system for religious organizations.
The government issued a ban on several types of public events, including public church services, during the March 15-May 14 state of emergency to contain the spread of COVID-19. A military ordinance adopted by the Ministry of Interior on March 17 banned religious activities in closed spaces. A subsequent military ordinance adopted on March 21 allowed religious groups to perform religious services in places of worship without public attendance. The ordinance allowed for private religious services such as baptisms, weddings, and burials to be held inside places of worship as long as they were attended by no more than eight participants, as well as communion services for hospitalized patients or sick persons at their homes. Following a military ordinance adopted on March 24, individuals were not allowed to travel outside their homes except for a limited number of purposes, such as for work, but not including religious activities, including visiting places of worship or cemeteries. Some members of the ROC called for lifting restrictions on religious activities. In March, ROC priest Andrei Rosca sent a letter to the government requesting it to reopen churches and stating, “It hurts to see that shops are crowded while the Church is closed; it hurts to see that food markets are filled with people while the Church is empty.”
In April, President of the Union of Baptist Churches in Romania Viorel Iuga released a public letter asking the President and the Prime Minister to ease restrictions on religious activities.
On April 14, the ROC Patriarch and the Interior Minister signed an agreement to allow Orthodox believers to go to church on April 17 (Orthodox Good Friday) and 18 to receive communion. The agreement also mandated that ROC representatives, police, and military personnel distribute the Holy Light (Orthodox candle-flame-passing ceremony normally conducted in church) to believers at their homes on April 18. Leaders of the Save Romania Union Party said the agreement was detrimental to social distancing efforts. The Chair of the Hungarian Democrat Union in Romania asked for the repeal of the agreement, citing public health concerns and discrimination against Protestants and Roman Catholics who did not benefit from similar exceptions for their Easter celebrations that took place the previous weekend. On April 15, the Ministry of Interior reached a new agreement with the ROC that changed key provisions from the original version, specifying that on the Thursday before Easter, volunteers and clergy, rather than police forces, would distribute blessed bread (sprinkled with holy water and wine and also called paste) and deliver the Holy Light (or flame) to the homes of believers instead of having them go to church. On May 18, the government downgraded the state of emergency to a state of alert, allowing open-air public church services. Religious services with no more than 16 participants were permitted inside all places of worship. On September 30, the National Council for Combating Discrimination reviewed the April 14 agreement between the ROC Patriarch and the Interior Minister and ruled that the lack of an agreement with all recognized religious denominations on Easter celebrations constituted discrimination. The council recommended the Ministry of Interior be impartial towards all religious denominations and establish nondiscriminatory rules concerning the exercise of freedom of belief.
Following the ban on public church services to contain the COVID-19 outbreak, the government-owned television network TVR began broadcasting Roman Catholic masses. In March, representatives of the Greek Catholic civic group ACUM (the word “now” in Romanian) reported that the Greek Catholic Church had requested that TVR broadcast the Greek Catholic Mass. ACUM collected more than 1,300 signatures on a petition supporting its request. Throughout April, TVR broadcast Greek Catholic masses and other Greek Catholic religious ceremonies.
On October 5, the National Committee for Emergency Situations issued a decision establishing that religious celebrations could be organized only for residents of the municipality where the event takes place and that persons were not allowed to attend religious celebrations outside their place of residence. Under this decision, persons residing outside the city of Iasi could not attend the traditional Saint Parascheva Orthodox celebration and pilgrimage to Iasi, which took place on October 14. On October 9, the ROC Patriarch released a public statement saying the ban on pilgrimages was disproportionate, discriminatory, and was decided without prior consultation with the ROC. According to media, during the October 14 celebration in Iasi, members of the gendarmerie checked the identity documents of persons who wanted to approach the relics of Saint Parascheva and banned access to nonresidents. Following a protest by several hundred persons on the same day, members of the gendarmerie allowed nonresidents access to the relics. On October 14, the ROC Patriarch stated that granting only Iasi residents the right to venerate Saint Parascheva “was unparalleled in history” and that the holiday was observed “with sadness.”
On October 22, the ROC and Bucharest municipal government signed an agreement to allow only Bucharest residents to attend the Saint Dimitrie Orthodox celebration scheduled for October 25-27, citing COVID-19-related health concerns. On November 11, the Constanta County Committee for Emergency Situations adopted COVID-19-related restrictions on several types of public gatherings and banned persons from attending religious processions and pilgrimages outside their place of residence. Citing plans to organize a pilgrimage on the November 30 celebration of Saint Andrew, the Constanta-based Archbishopric of Tomis challenged the county committee’s decision in court, but on November 25, the Constanta Tribunal rejected the Archbishopric’s suit. On December 14, the Bucharest Court of Appeal issued a nonfinal ruling repealing regulations included in the October 5 decision of the National Committee for Emergency Situations that barred attendance of religious celebrations outside a person’s place of residence. The court explained in its ruling that only laws passed by Parliament could restrict religious freedom and that the decision of the National Committee for Emergency Situations was discriminatory, since it imposed additional regulations on religious activities compared with other activities that posed similar health risks.
In October, the Targu-Mures Court of Appeal rejected an application by the town of Darmanesti challenging the jurisdiction of Sanmartin, which according to the 2011 census is 99 percent Roman Catholic, over the cemetery, and it settled the property dispute by confirming Sanmartin’s ownership. The cemetery was the site of 2019 protests and tensions between ethnic Hungarians and ethnic Romanians over the construction of a monument and placement of Orthodox-style crosses on the graves of the predominantly Hungarian Catholic World War I soldiers believed to be buried there. On December 10, the Moinesti court repealed a prosecutorial decision to dismiss the inquiry into the cemetery incident and ordered the Moinesti Prosecutor’s Office to resume criminal investigations for property damage, incitement to hatred and discrimination, and breach of public peace. According to the Greek Catholic Church, the ROC continued to deny it access to the ROC cemetery in Sapanta, which had previously belonged to the Greek Catholic Church.
Baha’i leaders continued to seek alternative arrangements for the burial of deceased followers in accordance with their religious practices. According to the Baha’is, some burial practices of existing cemeteries were contrary to the Baha’i tradition, and they therefore preferred to have their own places of burial. Baha’is continued to be registered as a religious association and not as a denomination because they did not meet the minimum requirements for membership and activity. During the year, the Baha’i community reported it was able to perform a funeral ceremony in a public cemetery under the authority of the Bucharest Municipality according to its own traditions. Although officials of the cemetery initially tried to persuade the family to organize a ceremony with an ROC priest, eventually the cemetery allowed the funeral to take place according to the Baha’i tradition and the deceased’s will, which Baha’is stated they regarded as a positive change compared with previous years.
There were continued reports of the slow pace of restitution of confiscated properties, especially to the Greek Catholic Church and the Jewish community. NAPR, the government agency responsible for overseeing the restitution process, reported the SRC had approved 26 requests for the restitution of “immovable properties” (land or buildings) to religious denominations, approved compensation in 57 cases, and rejected 500 other claims during the year, compared with 14 requests for restitution, 57 approved compensations cases, and 474 rejected claims in 2019. All the claims were submitted before the 2006 deadline. In 13 cases, the filers withdrew their claims. According to data provided by NAPR, the number of cases the SRC reviewed increased from 777 in 2019 to 816.
According to NAPR, religious denominations appealed 62 decisions the SRC submitted to the courts during the year, compared with 63 in 2019. The Roman Catholic Church made five appeals (four in 2019); the ROC made 12 (24 in 2019); the Greek Catholics made 16 (18 in 2019); the Evangelical Augustinian Church made six (four in 2018); and the Jewish community made seven (10 in 2019). Information concerning court decisions on these cases was unavailable.
During the year, NAPR reviewed 557 claims submitted by the Greek Catholic Church, compared with 335 claims in 2019, but it did not restore any property to the Church or grant it compensation in any cases. Greek Catholic Church officials reported that NAPR rejected all of their claims, mostly because the properties now belonged to the ROC and were subject to a different law, making restitution possible only through a joint commission representing the two Churches and based on “the will of the believers from the communities that possess these properties.” During the Communist regime, all places of worship and parish houses were transferred to the ROC, and most other properties (land and buildings) to the state. According to Greek Catholic officials, there was no progress on forming a joint commission by year’s end, a request the Greek Catholic Church made 18 years ago.
The Greek Catholic Church continued to report delays on restitution lawsuits. Church representatives stated there were no court decisions on Greek Catholic restitution cases again during the year and that in several cases, local government committees in charge of transferring the ownership of certain lands to the Greek Catholic Church following a restitution decision failed to do so.
ACUM continued to request that the government create an entity to combat religious discrimination. In 2019, ACUM sent a letter to the President and Prime Minister making the request and stating that 30 years after the fall of the Communist regime, the Greek Catholic Church continued to be the victim of religious persecution that began in the 1940s. According to ACUM, 90 percent of its churches and assets confiscated during the Communist regime had not been returned; the ROC, via its media and communication channels, continued to campaign against Greek Catholics; Greek Catholic students were pressured to take ROC religion classes; history textbooks and academic publications distorted or minimized the history of the Greek Catholic Church; commemorations honoring important leaders from the country’s history who were Greek Catholic deliberately overlooked those leaders’ religious affiliation; and the ROC had not asked for forgiveness for Securitate collaborators who jailed, tortured, and killed Greek Catholic priests who refused to convert to the Romanian Orthodox faith. The government had not responded to the letter by year’s end.
Restitution of a property in Bixad, previously restored to the Greek Catholic Church by the government and confirmed by earlier court decisions, continued to be delayed in light of a revived claim for the property by the Satu Mare County Council filed in 2016. The case remained pending at year’s end.
Although implementing regulations to officially prioritize property restitution cases for Holocaust survivors remained pending, NAPR approved priority status for 163 such applications. Since the passage of the legislation, NAPR had awarded compensation to Holocaust survivors in 91 cases, rejected the claims in nine cases, and not issued a decision in 63 cases by year’s end.
The SRC approved 21 pending claims from previous years by the Jewish community– all through compensation – and rejected 45 others, compared with 21 during the same period in 2019. In nine other cases, compared with 10 in 2019, claimants withdrew their requests. Religious groups said it was difficult to obtain required documentation from the National Archives demonstrating proof of ownership in time to meet the 120-day deadline to submit an appeal. The Caritatea Foundation stated the SRC continued to avoid assuming responsibility for restitution and preferred to pass decisions on to the courts, reportedly to avoid being potentially charged with making decisions on illegal claims. The foundation also continued to state the claims procedure was overly bureaucratic and unreasonable, in particular because the SRC often requested the submission of numerous additional documents, which sometimes were found only in government-managed archives, giving Jewish claimants insufficient time to meet the deadline for document submission. Caritatea stated access to government-managed archives holding the required documents for the restitution process remained difficult.
According to the Caritatea Foundation, as of December 14, the NCREC issued 63 final approvals on decisions during the year. Caritatea stated it challenged 40 of these decisions because the compensation amounts awarded were significantly lower than the value of confiscated property. As of mid-December, 99 decisions were pending final approval, of which 33 had been issued before 2013, according to Caritatea.
According to the Transylvanian Diocese of the Reformed Church, delays continued in addressing its property restitution lawsuits. According to the diocese, over the past 15 years, the SRC had reviewed claims concerning 461 of its 835 properties confiscated during the Communist era. The diocese reported that since 2018, the SRC had rejected restitution claims on buildings previously owned by schools under the authority of the Reformed Church. According to the diocese, the SRC said land records, some dating from the 19th century, listed the schools, not the Reformed Church, as rightful owners. According to data provided by NAPR and the Ministry of Foreign Affairs, since 2002 the SRC had reviewed 912 of the 1,191 claims submitted by the Reformed Church and had approved 512 requests for compensation or restitution in kind.
The Reformed Church said the government continued to reject its restitution claims on the grounds the entities registered as the former property owners were not the contemporary churches. Church leaders said the Communist regime had dismantled the former church entities while confiscating their property, meaning the former property owners no longer existed as such, but the contemporary churches, as the successors to the dismantled churches, were in effect the same entities whose property the Communist regime had seized. Twenty claims submitted by the Roman Catholic Church were resolved as of year’s end, compared with 14 in 2019. The government granted compensation or restitution in kind in five cases and denied 13 claims, compared with eight and six claims, respectively, in 2019. The government reviewed 38 claims submitted by the Reformed Church and denied 19 others, compared with six and four claims, respectively, in 2019.
During the year, nearly 90 percent of schoolchildren continued to take religion classes offered by the ROC. According to some NGOs and parents’ associations, this enrollment continued to be the result of pressure by the ROC, as well as the failure of school directors to offer parents alternatives to religion classes.
The Seventh-day Adventist Church reported that following a decision by the National Council for Combating Discrimination, confirmed in June by the High Court of Cassation and Justice, the Faculty of Medical Science and Pharmacy in Iasi exempted Seventh-day Adventist students from taking exams on Saturday. The Church reported, however, that the Body of Expert and Licensed Accountants of Romania continued to schedule exams on Saturdays without providing the option for Seventh-day Adventist students to take the exams on another day.
Religious groups reported military chaplains continued to be ROC priests, with the exceptions of one Roman Catholic priest and one pastor from the Evangelical Alliance.
According to the government-established Wiesel Institute and the NGO Center for Monitoring and Combating Anti-Semitism in Romania (MCA), prosecution of anti-Semitic speech and Holocaust denial continued to be infrequent. The MCA stated that throughout the years, individuals who engaged in anti-Semitic acts were not held legally accountable and said law enforcement failed to prosecute those who committed various acts of vandalism directed against cemeteries, synagogues, and memorials. Statistics released by the government for the first half of the year showed that the national-level Prosecutor General’s Office had 53 unresolved cases, which also involved fascist speech, compared with 42 during the same period in 2019. According to the Wiesel Institute, many of the cases included anti-Semitic elements. Of those cases, the office concluded indictments or plea bargains in two cases and dismissed 10 cases; no information was available on the nature of the cases. On October 20, the Prosecutor’s Office attached to the Bucharest Court of Appeal dropped a 2014 case against the self-declared leader of the anti-Semitic Legionnaire Movement, stating there was no public interest in prosecuting the suspect and that his behavior had a limited impact and did not lead to violence or material damage. The charges were for the public use of fascist, racist, and xenophobic symbols, according to the Wiesel Institute. In 1940-41, the Legionnaire Movement adopted anti-Semitic legislation and carried out various anti-Semitic attacks, including a pogrom in Bucharest in 1941. The court was scheduled to review the prosecutor’s decision in January 2021.
In February, the standing bureaus of the Senate and Chamber of Deputies appointed parliamentarian Silviu Vexler to the honorary position of “High Representative of the Parliament for Fighting Antisemitism, Protecting the Memory of Holocaust Victims and Developing Jewish Life.” In October, Vexler said the Bucharest Military Court of Appeal had rejected a request to review a judgment issued in the 1940s that found the late general Nicolae Macici guilty of war crimes. According to media, the court found that there were no newly discovered facts or circumstances that could justify reopening the case. According to historians and members of the Jewish community, Macici coordinated the killing of tens of thousands of Jews during the Odessa massacre of 1941. During the October 9 ceremony to commemorate Holocaust victims, Vexler stated that the ruling of the Bucharest Military Court of Appeal represented a positive development.
The Wiesel Institute reported some local authorities continued to name streets, organizations, schools, and libraries after persons convicted of Nazi-era war crimes or crimes against humanity and to allow the erection of statues and busts depicting persons convicted of war crimes. According to the institute, several cities and towns continued to name streets after Ion Antonescu, the country’s dictator during World War II who was responsible for the Holocaust in the country, and some local governments refused to change the name despite requests from the institute. In June, the city council of Ramnicu Sarat in Buzau Country changed the name of Ion Antonescu Street to General Nicolae Ciuperca, who served in World Wars I and II. The local government in Cluj-Napoca, however, chose not to change the name of a street named in 2017 for Radu Gyr, a commander of the Legionnaire movement and apologist for anti-Semitism, who was convicted of war crimes for “contributing to the political aims of Hitlerism and Fascism.”
The Wiesel Institute continued to organize several online educational activities for students, informed the public about the Holocaust, and posted several teaching materials on the history of the Holocaust in the country on its web page. In June, the Ministry of Education posted on its website the International Holocaust Remembrance Alliance (IHRA) Recommendations on Teaching and Learning about the Holocaust, for teachers and educators to use when teaching about the Holocaust.
Historians and Holocaust experts said the general history curricula provided few mandatory classes on the country’s Holocaust history. According to the Ministry of Foreign Affairs, however, the mandatory curricula for primary, middle, and high schools included explicit references to the Holocaust or other more general topics that allowed teachers to teach about it. A high school course, “History of the Jews – The Holocaust,” remained optional, and during the 2019-20 school year, 3,209 students took the course.
According to the Ministry of Foreign Affairs, an interministerial committee established in 2019 and tasked with drafting a national strategy on combating anti-Semitism, xenophobia, radicalization, and hate speech held several meetings throughout the year and produced a draft strategy. The committee was coordinated by the Ministry of Foreign Affairs and included representatives of the Justice, Interior, Education, and Culture Ministries, as well as the Wiesel Institute. On October 9, the Ministry of Foreign Affairs released online for public consultation the draft strategy and an action plan. The strategy’s stated goals included improving protection for groups vulnerable to anti-Semitism, promoting societal tolerance and resilience against anti-Semitism, and continuing and expanding international programs to combat anti-Semitism. The main action points included developing a methodology to allow the identification of hate crimes; conducting surveys to assess Jews’ perceptions of their safety, and societal perceptions about anti-Semitism and xenophobia; assessing educational programs available to police and intelligence officers and the general population to combat anti-Semitism; and establishing postgraduate-level programs related to combating anti-Semitism and xenophobia.
Pursuant to its pledge to implement the recommendations of the Wiesel Commission report, the government again commemorated the annual National Holocaust Remembrance Day on October 9, marking the day when Romanian authorities began deporting the country’s Jews to Transnistria. To mark the day, President Klaus Iohannis issued a public statement paying tribute to the victims of the Holocaust and condemning contemporary anti-Semitism and hate speech. The Wiesel Institute held a wreath-laying ceremony at the Holocaust Memorial in Bucharest, while Prime Minister Ludovic Orban delivered remarks saying that it was the country’s duty to pay tribute to the victims of the Holocaust and to counter extremism and fundamentalism. On January 27, President Iohannis hosted a public ceremony to decorate Roma Holocaust survivors, during which he renewed his commitment to combat anti-Semitism and preserve the memory of the Holocaust.
In August, the government provided additional funding to the Wiesel Institute for the development of a planned Jewish History and Holocaust Museum. In October, the Wiesel Institute launched a public competition for the design of the museum’s building and permanent exhibition.
In September and December, local governments of the Ilva Mare and Tarlisua Villages, located in Bistrita-Nasaud County, organized ceremonies to inaugurate monuments dedicated to World War I heroes and invited ROC members to perform religious services. Greek Catholic adherents criticized the events, stating that Greek Catholic priests were not invited, even though the overwhelming majority of the villages’ residents, including the commemorated heroes, were Greek Catholic adherents until 1948.
The State Secretariat for Religious Denominations provided funding for the publication of several books on the history and heritage of religious groups in the country, including but not limited to Jews, Seventh-day Adventists, and Baptists.
The government approved increased salaries for imams that went into effect in May. In previous years, members of the Muslim community and other observers said the government’s inadequate financial support, primarily in the form of salaries for imams, made the Muslim community vulnerable to radicalization and outside influence from countries such as Turkey, Russia, and Saudi Arabia.
The country is a member of the IHRA.
Section III. Status of Societal Respect for Religious Freedom
According to non-Orthodox religious groups, ROC priests continued to prevent them from burying their dead in ROC or public cemeteries, or otherwise continued to restrict such burials by requiring they take place in isolated sections of a cemetery or follow Orthodox rituals. Representatives of the Christian Evangelical Church said such cases included them as well, although local observers did not always provide details because they said they feared ROC reprisals.
According to Greek Catholic leaders, the ROC, in conjunction with local authorities, continued to deny the Greek Catholic Church access to the ROC cemetery in Sapanta, which had previously belonged to the Greek Catholic Church.
On September 10, the European Union Agency for Fundamental Rights released a report providing an overview of data on anti-Semitic incidents recorded in EU member states between 2009 and 2019. According to the report, 16 anti-Semitic incidents were registered in the country by the General Prosecutor’s Office in 2019, compared with 13 in 2018. According to data provided by the Directorate of Criminal Investigations of the Ministry of Internal Affairs, there were two cases concerning anti-Semitic bias in 2019, compared with seven cases in 2018.
As reported by the Superior Council of Magistracy, in 2018, 76 files with an “antisemitism motive” and “first instance case” as their procedural stage were registered in the courts’ files. Of these, 55 cases were resolved, and 34 persons were sentenced. The number of cases with the ‘antisemitism attribute’ registered in 2019 was not available at the time of the report’s release.
In June, the NGO Impreuna Agency for Community Development released a survey on how Roma and other ethnic and religious minorities, including Jews, are perceived in the country. According to the findings, 10 percent of respondents would accept Jews as relatives and 20 percent as friends; 44 percent had little or no trust in Jews; 13 percent would accept Jews as neighbors, 15 percent as residents of the same town, and 31 percent as residents of the country. According to the Institute for Jewish Policy Research, located in London, Romania’s Jewish population declined by approximately 87 percent from its 1970 level.
Some private media outlets depicted religious minority groups as a threat. In October, an article published by the online newspaper activenews.ro mentioned the purported religious affiliation of several government officials, stating they were members of the Baha’i, Unitarian, Reformed, Muslim, or Roman Catholic faiths and calling them “anti-Orthodox Talibans” for imposing COVID-19-related restrictions on religious activities. A posting on the outlet’s social media page promoting the article contended that one of the officials in charge of proposing COVID-19-related restrictions was a member of the Baha’i Faith. The posting characterized the Baha’is as a group that “wants all religions to disappear.” The Baha’i community reported several outlets published offensive articles about the Baha’i Faith and about the alleged Baha’i affiliation of several public figures.
Material promoting anti-Semitic views and glorifying Legionnaires, as well as messages promoting Holocaust denial and relativism, continued to appear on the internet. In March, the online magazine Art-emis.ro published an excerpt of a book claiming Jewish businesspersons had taken over through fraudulent means various Romanian companies, including a website that, according to the book, promoted pornography aimed at children. The book also said Jews believed they did not have a duty to act morally towards non-Jews. According to a study released by the Wiesel Institute in May, several articles published online stated Jews or the state of Israel were responsible for the COVID-19 outbreak and were profiting from the health crisis. One of the articles mentioned in the study stated, “Jews who own the world’s pharmaceutical companies” benefit from the COVID-19 outbreak, and another article stated COVID-19 was the result of an “Israeli bioterrorist attack.”
In September, media reported anti-Semitic messages were painted on a fence belonging to a relative of a mayoral candidate from the village of Dornesti, in Suceava County. The messages included the candidate’s name, a swastika, and an anti-Semitic slur. The Suceava prefect issued a statement condemning the incident as an expression of anti-Semitism and asking law enforcement to open an investigation.
The Wiesel Institute reported that in May, two persons video recorded themselves placing a mask on a statue of Elie Wiesel in Bucharest and saying that he was responsible for spreading a virus that destroyed lives and had a catastrophic effect on Romanian history and society, implying Wiesel’s work promoting human rights and countering anti-Semitism was equivalent to the coronavirus causing the public health crisis. The Wiesel Institute filed a complaint with the National Council for Combating Discrimination, but the council did not issue a decision by year’s end.
According to media, in September, unidentified individuals shattered the marble panels of a monument dedicated to the approximately 7,500 Jews transported to concentration camps from Targu Mures, located in the northern part of the country.
Observers reported that many investigations of anti-Semitic acts were closed after law enforcement officers established suspects were either minors or insane and, consequently, were not responsible for their actions.
According to the Prosecutor’s Office, there were 18 reported anti-Semitic incidents in 2020, compared with 16 in 2019 and 13 in 2018. At year’s end, the Prosecutor’s Office of the Vaslui Tribunal continued its investigation of three suspects reportedly involved in destroying dozens of headstones in a Jewish cemetery in Husi in 2019. The president of the Jewish Communities stated the vandalism was the culmination of a series of anti-Semitic incidents that had occurred in Husi. According to the Ministry of Foreign Affairs, law enforcement conducted an investigation to determine how the gravestones were destroyed; no one was arrested by year’s end.
In January, prosecutors closed a case involving the destruction in 2017 of 10 tombstones in a Jewish cemetery in Bucharest. According to the Ministry of Foreign Affairs, prosecutors dropped the charges against several underage suspects because one of them had diminished capacity and the others were too young to prosecute. Prosecutors established that the minors were not provoked by others and their acts were not motivated by anti-Semitism or xenophobia.
The MCA reported that online shops sold items, books, including The Protocols of the Elders of Zion, and other publications promoting anti-Semitic messages.
According to Greek Catholic believers, some ROC archdioceses distorted the history of the Greek Catholic Church in their public messaging. They said that on ROC websites of the ROC deaneries of Bistrita, Nasaud, and Beclean, in the northern part of the country, the ROC presented historical details about several formerly Greek Catholic churches that the Communist regime had transferred to the ROC without mentioning the churches and some of their previous priests or their founders were Greek Catholic. In August, the Greek Catholic Bishop of Cluj-Gherla, Florentin Crihalmeanu, stated publicly that ROC officials planned to dismantle and relocate a formerly Greek Catholic church located in the Nicula Monastery that had belonged to the Greek Catholic Church before the Communist regime transferred it to the ROC. Bishop Crihalmeanu stated that such measures were part of a deliberate plan to delete historical traces of the Greek Catholic Church. A spokesperson of the ROC Archbishopric of Cluj published a statement saying that the church would be consolidated and subjected to a “rational rebuilding process.”
Section IV. U.S. Government Policy and Engagement
Embassy officials continued to advocate for improved property restitution processes. The Ambassador met with government officials to highlight the importance of religious freedom, particularly in light of reports that some reactions to the pandemic had contributed to a lack of religious tolerance.
The Ambassador and other embassy officials continued to hold meetings with Muslim and Jewish community leaders to discuss ways of promoting religious diversity and curbing religious discrimination. Embassy officers also continued to meet with ROC officials to discuss issues of religious freedom and tolerance, in particular encouraging the Church to reach out to other religious communities to jointly address social issues.
In January, the Ambassador participated in an event with the Federation of Jewish Communities commemorating the 1941 Bucharest pogrom. In October, at a ceremony for National Holocaust Commemoration Day held in Bucharest, a senior embassy official spoke about the importance of Holocaust remembrance and education and laid a wreath. Throughout the spring, embassy officials participated in a series of virtual discussions with high school students from around the country, which included the topic of religious freedom.
Using social media, the embassy emphasized respect for religious freedom, stressed the importance of combating anti-Semitism, and paid tribute to Holocaust victims. In June, for example, the embassy posted Facebook messages about the anniversary of the 1941 Iasi pogrom and the deportations of Jews from Northern Transylvania. The embassy also helped organize and sponsored the annual Elie Wiesel Study Tour in July, which provided students the opportunity to attend several online classes and to understand the political, social, and cultural forces that created the Holocaust.
Section I. Religious Demography
The U.S. government estimates the total population at 65.8 million (midyear 2020 estimate). Census figures from 2011, the most recent, indicate 59.3 percent of the population in England and Wales is Christian. Of the remaining population, 4.8 percent identified as Muslim; 1.5 percent Hindu; 0.8 percent Sikh; 0.5 percent Jewish; and 0.4 Buddhist. Approximately 25 percent of the population reported no religious affiliation in the 2011 census, and 7 percent chose not to answer. Jehovah’s Witnesses estimate there are 137,000 members in the country, and the Baha’i community estimates it has more than 7,000 members.
According to the 2019 British Social Attitudes survey, an annual survey conducted by the independent National Center for Social Research, 52 percent of those surveyed UK-wide described themselves as having no religion, 12 percent as Anglican, 7 percent as Catholic, and 9 percent as belonging to non-Christian religious groups. The survey showed 6 percent of individuals identified as Muslim, less than 0.5 percent as Jewish, and 3 percent as “other non-Christian.”
The Muslim community in England and Wales is predominantly of South Asian origin, but it also includes individuals from the Arabian Peninsula, the Levant, Africa, and Southeast Asia, as well as a growing number of converts of British and other European descent. Hindus, Sikhs, Jews, and Buddhists are concentrated in London and other large urban areas, primarily in England.
Census figures for Scotland in 2011 indicate 54 percent of the population is Christian, comprising the Church of Scotland (32 percent), Roman Catholic Church (16 percent), and other Christian groups (6 percent). The Muslim community constitutes 1.4 percent of the population. Other religious groups, which together make up less than 1 percent of the population, include Hindus, Sikhs, Jews, and Buddhists. Persons not belonging to any religious group make up 36.7 percent of the population, and the remainder did not provide information on religious affiliation.
A 2017 Scottish Social Attitudes Survey found 58 percent of those surveyed did not identify with any religion, 18 percent identified as part of the Church of Scotland, 10 percent as Roman Catholic, 11 percent as other Christian, and 2 percent as non-Christian.
Census figures from Northern Ireland in 2011 indicate 41.5 percent of the population is Protestant – consisting of the Presbyterian Church of Ireland (19 percent), Church of Ireland (14 percent), Methodist Church in Ireland (3 percent), and other Protestant groups (6 percent) – and 41 percent Roman Catholic. Less than 1 percent of the population belongs to non-Christian religious groups, and approximately 10 percent professes no religion; 7 percent did not indicate a religious affiliation.
In his 2019 ‘Sectarianism in Northern Ireland’ report, Ulster University Professor Duncan Morrow found there is a “clear statistical trend towards a change in the religious minority-majority structure of Northern Ireland.” His research illustrates a consistent decline of Protestants in all 26 district council areas of Northern Ireland since 2001, contrasted with an increased Catholic population in 19 of 26 council areas in the same time period. Morrow’s analysis of 2011 census figures also illustrates this trend is likely to continue. Census figures show a Protestant majority in the over-60 age bracket and a Catholic majority in the under-20 age bracket. Professor Paul Nolan of Queen’s University Belfast stated based on current statistical trends, there will be a Catholic majority in Northern Ireland by 2021, when the next census will be conducted.
Census figures from Bermuda in 2010 cite 22 religious groups in the population of 71,000; 78 percent identifies as Christian, including 16 percent Anglican, 15 percent Roman Catholic, 9 percent African Methodist Episcopal, and 7 percent Seventh-day Adventist. Approximately 2 percent identifies with other religious groups, including approximately 600 Muslims, 200 Rastafarians, and 120 Jews. Approximately 20 percent did not identify with or state a religious affiliation.
Section II. Status of Government Respect for Religious Freedom
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.
Blasphemy and blasphemous libel remain criminal offenses in Northern Ireland under common law. To date, however, there have been no convictions for blasphemy or blasphemous libel there. Northern Ireland Humanists continues to run a campaign to repeal blasphemy laws originating from the 1888 Law of Libel Amendment Act and the 1819 Criminal Libel Act, which remain in force in the region. These laws prohibit “composing, printing or publishing any blasphemous libel or any seditious libel tending to bring into hatred…any matter in Church or State.”
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.
Blasphemy is an offense under common law in Scotland. It is a crime against public order and decency and has two aspects: whether an individual’s spoken or written words against God or religion occurred, and the words are spoken or written with intent to cause disorder. The law relates only to Christianity and is punishable by fines or imprisonment or both. The law requires courts to consider the impact of religious bias when sentencing.
Northern Ireland does not have specific hate crime laws, but current legislation allows for increased sentencing if offenses are judged to be motivated by hostility based on religion, among other aggravating factors.
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 ($40) 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 in 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 teachers, unless they are employed by faith-based schools, 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 avoid 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” and requires “reasonable” religious accommodation in the workplace for employees. The 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 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 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.
On March 23, Muslim and Jewish advocacy groups issued statements in response to proposed burial measures in the Emergency Coronavirus Bill ahead of its debate in the House of Commons. The draft bill allowed designated local authorities to disregard the section of public health legislation designed to “prevent a local authority from being able to cremate a body against the wishes of the deceased.” Religious groups, including the Muslim Engagement and Development advocacy group and the Board of Deputies of British Jews, strongly criticized the bill, which they said would give medical professionals the ability to override the religious beliefs of the deceased and their families in regard to the treatment of their body after death. Labour MP Naz Shah proposed an amendment to the bill intended “to ensure if local authorities reach their capacity, they do not proceed to cremate the deceased from faith backgrounds automatically” without appropriate consultation. In response, the government agreed to amend the bill to reflect Shah’s concerns, negating the need for a vote.
On January 21, the Welsh government announced that relationships, sexuality, and religion will be compulsory for all children over the age of five as part of the new “Curriculum for Wales Framework,” being developed and refined before use in schools in 2022. On March 12, Education Minister Kirsty Williams announced the establishment of a Relationships and Sexuality Education (RSE) working group to agree on topics to be covered by schools and to prepare detailed guidance on the proposed changes. The working group includes key stakeholders, teachers, teachers unions, and faith organizations, and is cochaired by the government and regional consortia. Religious objections include concerns that children will be taught values that contradict their parents’ beliefs or religion, such as LGBTQI+ relationships, constituting an erosion of parental rights. Expressing concerns surrounding the lack of detail on what will be in the RSE curriculum and at what age children will learn various aspects, religious groups stated that young children should be allowed a childhood free of “sexualization.” Humanists UK and the National Secular Society supported ending of the right to withdraw children from classes, in principle. They argued that religious worldviews must be taught impartially before the right to withdraw is removed.
In September, MP Rehman Chishti resigned from his position as the Prime Minister’s Special Envoy for Freedom of Religion or Belief, which he had held for one year. Chishti said his resignation was not related to differing views on religious freedom, but instead on his opposition to economic legislation dealing with internal markets. Conservative MP Fiona Bruce was appointed to the role in December. Bruce is also vice chair of the All-Party Parliamentary Group for Freedom of Religion or Belief. Groups including Humanists UK and the Council of Christians and Jews expressed concerns over Bruce’s previous support of mandatory prayer in schools and hope that the government would not pursue a Christians-only agenda.
In July, Imam Qari Asim, Deputy Chair of the government’s Anti-Muslim Hatred Working Group, was appointed independent advisor to propose a working 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 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 Foreign, Commonwealth, and Development Office (FCDO), and the Home Office. The Anti-Muslim Hatred Working Group did not agree on a working definition by year’s end. Separately, the London Metropolitan University became the first UK university to adopt the All-Party Parliamentary Group (APPG) on British Muslims’ working definition of Islamophobia in November. The APPG’s definition states, “Islamophobia is rooted in racism and is a type of racism that targets expression of Muslimness or perceived Muslimness.”
On February 25, the All-Party Parliamentary Humanists Group (APPHG) published a report entitled “Time for Reflection: A report of the All-Party Parliamentary Humanist Group on religion or belief in the UK Parliament.” The report called for parliamentary prayers to be replaced with a “time for reflection”; for the House of Commons Speaker to consider introducing additional forms of religious and pastoral support alongside that already provided by the Anglican chaplain; and for an end to automatic seats in the House of Lords for Anglican bishops. The report highlighted the exclusive nature of “Prayers,” a parliamentary tradition to open the day’s proceedings, which also serves as a way to obtain a seat for the day, since these are not formally reserved. The report argued that MPs who chose not to participate in the religious prayers could miss out on seats in the parliamentary chambers for key debates including during the Prime Ministers Questions and the Budget sessions. The report also revealed details of nine cases in which bishops in the House of Lords changed the outcomes of votes, including two votes that directly benefited the Church of England.
Timed to coincide with the one-year anniversary of the Christchurch, New Zealand mosque attacks, on March 15, the government’s Home Office announced that during 2019-2020, the Places of Worship Scheme provided 1.6 million pounds ($2.19 million) to fund physical security measures at 27 mosques, 13 churches, five Sikh gurdwaras, and four Hindu temples. This was the highest level of funding for the scheme since it was established in 2016. The government announced that funding for the period covering March 2020-2021 would be doubled to 3.2 million pounds ($4.37 million).
The government simultaneously launched an eight-week public consultation period, from March 15 to June 28, to improve the government’s response to religiously motivated hate crimes at places of worship. Consultation results were not published at year’s end.
On April 1, the Home Office granted the CST 14 million pounds ($19.13 million) for the Jewish Community Protective Security Grant to cover protective security at Jewish institutions, including schools and synagogues.
In 2019, the government simplified the application system for the Places of Worship security funding scheme by commissioning a central contractor to install physical security measures. Applicants were no longer required to show they had already experienced a hate crime, and became eligible to apply if they showed they were vulnerable to hate crime. Associated faith community centers were also eligible to apply. The Chair of the Anti-Muslim Hatred Working Group welcomed the developments and said, “The simplified process will hopefully make it even easier for mosques to improve their security and will go some way in building community confidence.”
In January, the Scottish government announced 500,000 pounds ($683,000) of funding for security at places of worship. Justice Secretary Humza Yousaf and Communities Secretary Aileen Campbell announced the new scheme on Holocaust Memorial Day during a visit to a synagogue in Glasgow. Yousaf said the government was committed to ensuring “safety and security for our faith communities” and he hoped the “scheme will provide reassurance to all faith communities and their places of worship that hate crime and prejudice will not be tolerated.”
On January 19, the government renewed its commitment to the founding principles of the 2000 Declaration of the Stockholm International Forum on the Holocaust (Stockholm Declaration). As part of the commemorations to mark the 20th anniversary of the Stockholm Declaration, and to commemorate the 75th anniversary of the liberation of Nazi concentration and extermination camps, Lord Ahmad of Wimbledon, Minister for Human Rights, represented the country at an International Holocaust Remembrance Alliance (IHRA) meeting held to adopt a renewed commitment. Lord Ahmad said, “It is important that we reaffirm our collective commitment to combatting prejudice and intolerance, and pledge to the victims and survivors of the Holocaust that they will never be forgotten.”
On January 27, to coincide with International Holocaust Memorial Day, the government announced a one-million pound ($1.37 million) grant to the Auschwitz-Birkenau Foundation endowment fund to help preserve the Auschwitz-Birkenau concentration camp. In a statement, Foreign Secretary Dominic Raab said, “The government is supporting the Auschwitz-Birkenau Foundation because we must never forget history’s darkest moment, and we must educate future generations so it can never be repeated.” Communities Secretary Robert Jenrick said, “The UK stands shoulder to shoulder with our Jewish countrymen and women.” Separately, the City of London committed 300,000 pounds ($410,000) to the Auschwitz-Birkenau Foundation to support the preservation of the gas chambers, crematoria, barracks, and other exhibits.
In January, the royal family and members of the cabinet marked Holocaust Remembrance Day via social media. Additionally, Prince Charles delivered a speech at the World Holocaust Forum at Yad Vashem, Jerusalem, on January 23. At the event to mark 75 years since the liberation of Auschwitz, Prince Charles warned, “Hatred and intolerance still lurk in the human heart” and, with lessons of the Holocaust still “searingly relevant,” he called on the 40 world leaders in attendance to be “fearless in confronting falsehoods” and violence.
The Holocaust Memorial Day Trust hosted a remembrance service at which Prime Minister Boris Johnson and Prince William spoke. The Prime Minister said, “I feel a deep sense of shame that here in Britain – in 2020 – we seem to be dealing with a resurgence of the virus of anti-Semitism – and I know that I carry responsibility as Prime Minister to do everything possible to stamp it out.” He also committed to constructing the National Holocaust Memorial and Education Centre, which was announced in 2015 but remains in planning stages. The Scottish Parliament, National Assembly for Wales, and cities and towns across the United Kingdom also hosted Holocaust Memorial Day events, with many focusing on this year’s theme, “Stand Together,” to promote interfaith engagement.
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. During the year, the Armed Forces Chaplaincy Policy Board reviewed how chaplain services were provided to minority religious groups and was considering the use of suitable chaplains in the reserve forces.
In January 2019 (the latest data available), 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. Church of England schools were the most common type among primary schools (26 percent); Roman Catholic schools were the most common at the 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-based 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.
The Conservative Party faced allegations of anti-Muslim sentiment. In March, the MCB submitted a dossier of 150 cases to the EHRC that catalogued alleged anti-Muslim incidents attributed to members of the Conservative Party, increasing pressure on the EHRC to launch a formal investigation. The dossier was in addition to 150 cases submitted in 2019, making a total of 300 cases. The submission catalogued evidence of what the MCB stated were anti-Muslim comments and actions by hundreds of party activists, local councillors, MPs, and advisors to the Prime Minister. Examples include MP Sally Ann Hart, who in 2017 posted on Facebook a claim by an anti-Islamist activist that a women’s march had been hijacked by the Muslim Brotherhood to promote the “Muslim agenda.” Hart publicly apologized for her comments.
In May, the EHRC dropped plans for an inquiry into “Islamophobia” in the Conservative Party after the party announced it would conduct its own review of how complaints were handled. On May 12, the party established the terms of reference for the investigation, which were formally supported by the EHRC. The party confirmed that the review would examine the “nature and extent” of complaints of anti-Muslim statements by party members since 2015 and would also consider what sanctions could be taken against members who quit the party before being investigated. Furthermore, the investigation would consider allegations of discrimination relating to all “protected characteristics” in the 2010 Equalities Act, including not only religion, but also age, race, sexual orientation, and disability.
The MCB criticized the scope of the inquiry. On May 12, MCB Secretary General Harun Khan said, “By restricting the terms to an inquiry merely into the complaints received, the party is choosing to summarily dismiss all the issues of the toxic culture of racism that have been raised by the Muslim Council of Britain.” MP Amanda Milling, Co-Chairman of the Conservative Party, said that having the terms of reference agreed upon was a positive step forward. She said the party is “committed to this investigation, to ensure that any abuse that is not fit for public life is stamped out.”
In September, a YouGov poll commissioned by the Hope Not Hate political action group found that 47 percent of Conservative Party members surveyed in July believed Islam is “a threat to the British way of life.” The poll of 1,213 Conservative Party members found that more than 33 percent believed that Islamist terror attacks reflected a widespread hostility towards Britain among the Muslim community, and that 58 percent thought “there are no-go areas in Britain where Sharia Law dominates and non-Muslims cannot enter.” However, 53 percent of those asked thought it was wrong to blame all Muslims for the actions of a violent minority. Former Conservative Party Chair Baroness Warsi said, “This latest poll is further evidence that the party has a real and serious issue with racism directed at Muslims.”
Media reported in October that Rakhia Ismail, the former ceremonial mayor of the London district of Islington, resigned from the Labour Party and joined the Conservative Party, citing the anti-Muslim sentiment she experienced within Labour as her reason for leaving.
In January, all five Labour Party leadership candidates signed the “Ten Pledges to End the Anti-Semitism Crisis,” a document prepared by the Board of Deputies of British Jews. The 10 pledges included an agreement to resolve outstanding cases, to reform the party disciplinary process to ensure complaints were properly handled, and to engage the British Jewish community on a way forward. The move was criticized by the left-wing paper Morning Star and far-left Labour members, who said it was wrong for an outside body to interfere in the party’s leadership election. In a parallel deputy leadership contest, two candidates – Shadow Justice Secretary Richard Burgnon and Shadow Equalities Minister Dawn Butler – refused to sign the declaration.
After winning the Labour Party leadership election on April 4, Sir Keir Starmer used his victory speech and his first op-ed as leader in The Sunday Times to apologize publicly to the British Jewish community concerning previous allegations of anti-Semitism on the part of Labour Party leaders and members. On April 7, both Starmer and newly elected deputy leader Angela Rayner held a virtual meeting with representatives of Jewish community organizations to discuss ways to repair the party’s relationship with the British Jewish community. In a joint statement, the Board of Deputies of British Jews, the NGO CST, and Jewish Labour welcomed Starmer’s commitment, describing it as a “good start,” and praising him for achieving “in four days more than his predecessor did in four years.” Starmer also outlined a plan to rid the party of anti-Semitism and rebuild trust between Labour and the Jewish community.
In July, newly appointed Labour Party General Secretary David Evans formally apologized and settled a defamation case brought by seven whistle-blowers who appeared in a 2019 BBC Panorama documentary accusing the party of mishandling cases of anti-Semitism. The whistleblowers had previously sued the Labour Party for attempting to undermine their reputations after it released a statement referring to them as “disaffected former staff” with “personal and political axes to grind.”
In October, the EHRC completed an 18-month investigation and published its final report into complaints of anti-Semitism within the Labour Party. The report found the party had allowed “unlawful harassment,” political interference in the party’s complaints process, and a lack of education and training for staff handling the complaints process. Targeted recommendations included commissioning an independent process to handle anti-Semitism complaints; implementing clear rules and guidance to prohibit and sanction political interference in the complaints process; publishing a comprehensive policy and procedure setting out how anti-Semitism complaints will be handled; commissioning and providing education and training for all individuals involved in the anti-Semitism complaints process; and monitoring and evaluating improvements to ensure lasting change. In addition to the targeted recommendations that the EHRC has a legal mandate to enforce, the commission urged changes to both the party culture and its processes.
The EHRC report heavily criticized the former party leadership under Jeremy Corbyn and found that the party breached the Equality Act by committing “unlawful harassment” in several cases in which Labour MPs were found to have used “anti-Semitic tropes and suggesting that the complaints of anti-Semitism were fakes or smears.” A case cited in the report involved former London Mayor Ken Livingstone, who said “the Israel Lobby,” which aimed “to undermine Corbyn’s leadership,” was responsible for allegations of anti-Semitism against fellow Labour MP Naz Shah. Livingstone later resigned from the party. The EHRC found a further 18 “borderline cases” involving local councillors, election candidates, and branch officials. It also noted several incidents of political interference by the Leader of the Opposition’s Office in addressing complaints of anti-Semitism. The EHRC’s report provided recommendations, and the watchdog requested that the Labour Party submit an implementation plan.
During a press briefing following the release of EHRC’s report, Labour Party leader Starmer said an action plan would be submitted to the EHRC before year’s end, apologized formally to the Jewish community and Jewish Labour party members, and provided assurances that Labour accepted the report without qualification. Former Labour leader Jeremy Corbyn released his own statement decrying anti-Semitism, but he suggested the findings of the report were “dramatically overstated for political reasons” by opponents and media. Party leaders subsequently suspended Corbyn from the Labour Party and removed him from the Parliamentary Labour Party, forcing him to sit as an independent MP – a first for a former leader. Corbyn contested the suspension and his wider-party membership was subsequently reinstated, but he continued to sit as an independent MP at year’s end.
British Jewish organizations and some Labour figures welcomed the EHRC report, while expressing concern about existing conditions within the Labour Party. The Campaign Against Antisemitism said, “The EHRC’s report utterly vindicated Britain’s Jews, who were accused of lying and exaggerating, acting as agents of another country, and using their religion to ‘smear’ the Labour Party.” In December, Labour published the anticipated action plan for tackling anti-Semitism within its ranks. The plan was developed within six weeks of the EHRC report’s publication and sent to Parliament on December 10, after the National Executive Committee, Labour’s ruling body, unanimously agreed. The plan commits the party to establish an independent complaints process by December 10, 2021 and to deal with the backlog of existing anti-Semitism complaints. Labour also committed to establish an advisory board of Jewish members and develop educational material on anti-Semitism. The EHRC approved the plan before publication.
In January, Conservative Party Councillor in Dudley, Colin Elcock, was suspended indefinitely from the party and was removed from the Conservative Group of councillors after tweeting that Islam was “domination not integration,” and asking if people in Iran were “all on the dole.” Council leader Patrick Harley described the comments as “inappropriate” but did not rule out a return for Elcock.
Also in January, media criticized Dominic Cummings, the Prime Minister’s chief of staff, for approving the publication of a cartoon in 2006 that depicted the Prophet Muhammad with a bomb under his turban on The Spectator website at a time when he had “overall responsibility” for the website. In February, Andrew Sabisky, an advisor to the Prime Minister, resigned after media uncovered a 2014 book review of Tatu Vanhanen’s Ethnic Conflicts, in which Sabisky questioned whether the growing Muslim population in the UK should be met with violent resistance.
On February 3, The Jewish Chronicle reported that a Labour member was expelled from the party for accusing television presenter Rachel Riley of “prostituting” her Jewish heritage. Bob James, from North Wales, was suspended from the party in March 2019 over a series of tweets aimed at Riley that included the claim that her campaign against anti-Semitism under Corbyn was “poisoning the memory of your ancestors.” He also tweeted, “Judaism is a religion but what Israel does in the name of God is pure Satanic.” The Jewish Chronicle commended Steve Cooke, a member of the Stockton North Labour Party and a party political education officer, for being “instrumental in demanding the party launch an investigation into Mr. James’s conduct.” According to the article, during the disciplinary process, it emerged that James had been subject to an earlier complaint over social media posts in which he said, “Israel is using the Holocaust as an excuse for murder.” A party source confirmed that James had been expelled and commented, “Under the previous administration, some complaints weren’t dealt with adequately,” and “Since Jennie Formby became General Secretary [in 2018], we’ve used a comprehensive, central complaints system.”
In late June, the Labour Party removed MP Rebecca Long-Bailey from her position as Shadow Education Secretary for tweeting her support for an interview that contained anti-Semitic rhetoric. Individuals described as party moderates praised Long-Bailey’s dismissal, but those characterized as more leftist within the party criticized the move.
In August, Care NI, a Christian charitable organization, stated that since 2015, 601 cases of criminal damage to religious buildings had occurred in Northern Ireland, one every three days. Care NI called for the Places of Worship security scheme to be introduced in Northern Ireland, the only region of the UK where it did not apply.
The Northern Ireland Humanists group continued to publicly call for the repeal of the region’s blasphemy laws, passed in 1891 and 1888. All major political parties supported repeal except for the Democratic Unionist Party, the largest party in the Northern Ireland Assembly, which stated, “Anti-discrimination and hate crime legislation did not provide adequate protection for Christians.”
During the year, the Scottish Parliament agreed to support the principles of the Hate Crime and Public Order (Scotland) Bill, and the legislature’s Justice Committee was scrutinizing and amending the legislation at year’s end. The bill would repeal Scotland’s blasphemy laws. However, the National Secular Society warned that the replacement legislation risked creating a more wide-ranging definition of blasphemy, describing the bill as a “de facto clampdown on freedom of expression.”
In June, Northern Ireland Justice Minister Naomi Long announced that new hate crime legislation, including measures covering hate crimes based on religion, would not be brought forward for at least two years. An independent review into hate crime legislation, including religious hate crime, concluded in November, with 34 recommendations made to improve support for victims, widen the range of protections, as well as opportunities for restorative justice. Northern Ireland Justice Minister Long welcomed the review report, stating the recommendations will help to strengthen and update Northern Ireland’s hate crime legislation.
In July, the Christian Institute, a nondenominational Christian charity dedicated to the “furtherance and promotion of the Christian religion in the United Kingdom,” criticized the hate crime legislation review and said the report would propose extending the definition of hate crime to apply to religious practitioners opposed to same-sex marriage ceremonies. In September, the Northern Ireland Office confirmed that legislation passed in July providing for religious same-sex marriages also included equality law protections, which shield religious bodies and officiants from charges of discrimination against same-sex couples should they refuse to officiate.
In July, the legal regulations required to hold the next census in England and Wales on March 21, 2021 were passed into law. Humanists UK raised concerns, arguing that “What is your religion?” is a leading question, as it presumes respondents have, or should have, a religion. Humanist UK’s Director of Public Affairs and Public Policy Richy Thompson said, “We are hugely disappointed that the ONS [Office for National Statistics], despite its own admission that the Census religion question is leading, has chosen to continue with it for the 2021 Census.” He said “Census data is used across the country to determine religion or belief provision in public services; from school places, to hospital services, to the provision of public services.” Humanists UK conducted a public outreach campaign to ensure that individuals identifying as nonreligious understood they should mark the “no religion” box when responding.
Section III. Status of Societal Respect for Religious Freedom
According to Home Office figures for the 12 months ending in March, there were 6,822 recorded offenses of religiously motivated hate crimes in England and Wales, a 5 percent decrease from the previous year (7,203 in 2018/19). This marked the first decrease in religious hate crimes since the year ending March 2013, when there was a 1 percent drop. There was no breakdown by type of crime. Where the perceived religion of the victim was recorded (in 91 percent of cases), 50 percent (3,089 offenses) of religious hate crime offenses targeted Muslims, and 19 percent (1,205 offenses) targeted Jews. Of the other offenses where perceived religion was recorded, 9 percent (531 offenses) targeted Christians, 3 percent (202 offenses) Sikhs, and 2 percent (114) Hindus. According to Tell MAMA, a national project that records anti-Muslim hate crimes, figures rose sharply in March 2019 immediately following the mosque shootings in Christchurch, New Zealand. Tell MAMA recorded 95 incidents in the week following the attack; in a typical week the total was 30-35.
In Scotland, the Crown Office and Procurator Fiscal Service (COPFS) reported 660 religiously motivated crimes in the 12 months ending in March, a 24 percent increase from the 529 crimes recorded in the same period in 2018-19. The COPFS cautioned against making direct comparisons with previous data sets due to a change in methodology.
The Police Service of Northern Ireland (PSNI) reported 15 religiously motivated hate crimes committed in 41 incidents during 2019-20, a decrease from 22 crimes reported in the previous period. The PSNI additionally reported 622 sectarian crimes, described as religion being among the motivating factors, in 640 incidents during 2019-20.
The CST recorded 97 violent anti-Semitic assaults during the year, a 39 percent decrease from the 158 reported in 2019. The report noted that this was unsurprising, given that COVID-19 pandemic restrictions greatly reduced social interactions. An additional three incidents were classified by CST as “extreme violence,” meaning the incident involved potential grievous bodily harm or a threat to life, compared to one such recorded incident in 2019. There were 72 incidents of damage and desecration of Jewish property; 1,399 incidents of abusive behavior, including verbal abuse, graffiti, social media, and hate mail; 85 direct anti-Semitic threats; and, 12 cases of mass-mailed anti-Semitic leaflets or emails. Of the 72 incidents of damage and desecration of Jewish property, 45 (63 percent) involved damage to the homes and vehicles of Jewish people, compared to 53 percent in 2019. All of the listed totals were lower than those recorded over the same period in 2019. Approximately two-thirds of the 1,668 anti-Semitic incidents were recorded in the Greater London and Greater Manchester administrative regions – which are home to the two largest Jewish communities in the UK. The CST recorded 941 anti-Semitic incidents in Greater London, a decrease of 1 percent compared with 2019. The CST recorded a decrease of 31 percent in anti-Semitic incidents in Greater Manchester. The CST reported that the decrease in reported incidents was likely correlated with COVID-19 pandemic restrictions, but might also be due to lapses in information sharing between CST and the Greater Manchester Police. CST observed a broader geographical spread of anti-Semitic incidents in 2020 than in 2019. Elsewhere in the UK, CST recorded at least one anti-Semitic incident in 42 of the 43 national police regions. Several of the incidents were reported to CST by police via a national data-sharing agreement.
In July, Heshmat Khalifa, a trustee of the country’s largest Muslim charity, Islamic Relief Worldwide, stepped down after media reported his Facebook postings from 2014 and 2015 described the President of Egypt as a “pimp son of the Jews,” and Israeli authorities as “grandchildren of monkeys and pigs.” The entire board of the organization resigned in August when media reported that Khalifa’s successor, Almoutaz Tayara, and senior director Tayeb Abdoun had also posted anti-Semitic and pro-Hamas content online. Following the revelations, the Charity Commission initiated a compliance review that was ongoing at year’s end.
An attacker stabbed the muezzin of the London Central Mosque during prayers at the mosque premises on February 20. The victim survived the attack and was treated for non-life threatening wounds. London’s Metropolitan Police confirmed the attack would not be treated as a terror-related incident. The assailant, Daniel Horton, was apprehended by worshippers until police arrived. Witnesses to the attack said the assailant had been praying behind the muezzin before the attack and that he had attended the mosque previously. In response to the attack, the Muslim Council of Britain stated, “It is deeply concerning that this has happened. Given other recent attacks elsewhere, many Muslims are on edge.” Prime Minister Johnson tweeted that he was “deeply saddened,” and that his “thoughts are with the victim and all those affected.” Mayor of London Sadiq Khan announced that the Metropolitan Police would be “providing extra resources in the area,” adding, “Every Londoner is entitled to feel safe in their place of worship.” On October 12, Horton, who had converted to Islam and had been attending the mosque in recent years, pleaded guilty to charges of wounding with intent and possession of an offensive weapon. No motive has been established for the stabbing; however, when arrested, Horton told police officers, “This is not a religious attack and is not a racist attack.”
In January, a 17-year-old from northeast England was sentenced to six years and eight months for planning terrorist acts between October 2017 and March 2019, becoming the youngest person in the UK to be convicted for this crime. In November 2019, following a six-week trial, he was found guilty of planning terrorist acts, disseminating a terrorist publication, possessing an article for a purpose connected to terrorism, and three counts of possessing documents useful to someone preparing acts of terrorism. During his sentencing, the court heard of his “admiration” for Adolf Hitler and fixation on the Columbine high school massacre. His attorneys argued that the defendant was autistic, citing a psychiatric assessment in which a doctor stated that the defendant’s “cognitive age was significantly affected by his disability.” At sentencing, the judge described the defendant as a “highly intelligent” boy who had “contempt for Jewish people, black people, gay people, and disabled people.” The teenager was also sentenced to five years’ parole after his release.
On October 2, the Birmingham Crown Court convicted a 17-year-old of plotting neo-Nazi terrorist acts between April and September 2019. The individual, who was a member of the neo-Nazi group Feuerkrieg Division, was found guilty for researching how to create a firearm capable of “smashing heads.”
On January 13, a Muslim woman was assaulted outside a youth center in East London. The assailants physically assaulted the victim and pulled her hijab while shouting anti-Muslim slurs. The assault was reported to Tell MAMA and the Metropolitan Police.
On January 16, a teenager who was found guilty of committing an anti-Semitic attack on a bus in March 2018 was sentenced to a four-month youth rehabilitation program, ordered to write a letter of apology to the victim, and fined 100 pounds ($140) in compensation to the victim. The incident took place on a bus in Muswell Hill, North London, when the adolescent was 14 years old. The youth lit the victim’s hair on fire, and when confronted by the victim, asked, “Are you Jewish? You can’t be Jewish because you don’t have horns. Do Jews keep money under their caps?” The teenager also threatened to beat up the victim and destroy his laptop. The teenager pled guilty to racially and religiously aggravated common assault at Highbury Corner Youth Court. He expressed remorse and was required to complete eight hours of “activities” and one-to-one behavioral sessions with educational staff.
In August, a man in a pub in Leeds was recorded making anti-Semitic comments to a Jewish student. The victim, Danielle Greyman, said the altercation began over COVID-19 pandemic regulations on social distancing when the man questioned, “Are you Jewish?” Greyman then began recording on her cell phone. The man, Stephen Smith, appeared on video saying the victim “looks like a Jew,” that he is “German,” and then said, “We should have gassed the lot of you.” A spokesman for West Yorkshire police told press police were summoned to the pub following “a report of a hate crime.” In September, the UK Lawyers for Israel reported Smith received a criminal caution and was required to “attend offence related sessions” to address his behavior.
On January 23, several Jewish pedestrians were verbally abused in Stamford Hill, North London. The incident, in which a man screamed “Hitler did a great job in Auschwitz by killing all the Jews,” was reported by Stamford Hill Shomrim, the Jewish volunteer neighbourhood patrol.
Throughout the year, several “sticker” campaigns targeted Armagh in Northern Ireland and Liverpool in the northwest of England. On January 30, the PSNI responded to calls complaining of anti-Islam stickers in Armagh. The stickers depicted a skull and crossbones that included the phrase “No Islamic Takeover,” followed by an email address and website for the Neo-Nazi group “Combat 18.” In February, stickers allegedly from the “Hundred-Handers” white supremacist group were placed around St. Helens, near Liverpool. The stickers, found in public spaces including a bus station, featured captions such as “This is our land,” “No to Halal,” other anti-Muslim messages and anti-Semitic messages. Local police stated that the incident was being investigated as a racially aggravated hate crime. In August, Hope Not Hate stated that Sam Melia, a former member of a number of far-right organizations who had become a supporter of the government-proscribed organization National Action, was behind “Hundred Handers,” which it said “was an anonymous network seeking to provide a faceless avenue for far-right activism.” In October, similar stickers were found on street furniture across Liverpool. The stickers included anti-Semitic messaging such as “Britain is under occupation,” written across a Star of David and, “They are sexualising your CHILDREN.”
Several religiously motivated conspiracy theories surrounding the COVID-19 pandemic circulated online. According to a report by the Henry Jackson Society think tank, anti-Semitic conspiracy theories included claims that Jews used global lockdowns to “steal everything,” that Jewish public leaders used the crisis “to test the population’s willingness to comply,” and that Israel had developed a vaccine but was withholding it from other nations. Both Jewish and Muslim communities were vilified by media commentators such as Katie Hopkins, who alleged that Muslims were flouting lockdown restrictions and spreading COVID-19 by continuing Friday prayers at mosques. In July, the independent government advisory Commission for Countering Violent Extremism published a report in the wake of increased accounts of extremists exploiting the crisis to sow division among religious groups in the UK. The commission found that British far right activists and neo-Nazi groups were promoting antiminority narratives by encouraging users to deliberately infect minority groups, including Jewish and Muslim communities.
In late January, venues in Liverpool, Newcastle, Sheffield, Birmingham, Newport, Milton Keynes, and London cancelled events associated with U.S. evangelical Christian preacher Franklin Graham’s tour. The Scottish Event Campus in Glasgow cancelled his appearance following pressure from its primary shareholder, Glasgow City Council. Referencing what they said was Graham’s preaching against Islam and LGBTQI+ people, Green Party Member of the Scottish Parliament Patrick Harvie commented that for “Glasgow’s biggest publicly owned venue” to provide a “platform of hatred” would be “an offence against the values that make this city so great.” An online petition started by a Church of Scotland minister stated that hosting the preacher would “have the real potential of alienating a large number of the population that they serve.” The Billy Graham Evangelistic Association (BGEA) then began legal proceedings against the venue, stating that the decision discriminated against the preacher’s Christian following. The BGEA asked the Glasgow Sheriff Court to grant an interim order requiring the venue to hold the event; however, the venue refused to respond and the court case did not proceed.
In January, Port Vale Football Club (FC) soccer player Tom Pope was widely criticized on social media for posting an anti-Semitic tweet predicting the course of a hypothetical Third World War: “We invade Iran then Cuba then North Korea then the Rothchilds [sic] are crowned champions of every bank on the planet – the end.” Port Vale FC published the following statement from Pope: “Following the reaction to my response on Twitter about the Rothschilds, I was unaware of any link between the Rothchild [sic] family and the Jewish community. If I have caused offence to anyone, I’d like to apologise enormously as this was never my intention.” The UK Footballing Association (FA) found Pope guilty of an aggravated breach of its regulation on abusive speech and sentenced him to a six-game ban and a 3,500-pound ($4,800) fine.
In July, music artist Wiley made a series of anti-Semitic comments on Twitter, including: “Listen to me Jewish community Israel is not your country I’m sorry….The Star of David that’s our thing.… Some people have gotten too comfortable on lands that don’t belong to them”; “There are 2 sets of people who nobody has really wanted to challenge #Jewish & #KKK;” and “Jewish people are the law….Work that out.” His tweets were widely criticized, and Twitter’s initial lack of action was followed by a 48-hour boycott of the platform by many leading journalists and politicians. Wiley’s tweets were reported to the Metropolitan Police as potential hate speech, and both Twitter and Facebook banned him for violating policies on hateful content. The rapper’s Jewish then-manager, John Woolf, later “cut ties” and said he no longer represented the artist. Wiley later rejected the claims of anti-Semitism, saying, “My comments should not have been directed to all Jews or Jewish people.” He went on to apologize for “generalizing” and said he wished to “apologise for comments that were looked at as anti-Semitic.”
In October, women’s lifestyle magazine Grazia fired its “Diversity Champion,” author and blogger Stephanie Yeboah, for posting anti-Semitic comments. Yeboah tweeted on the 75th anniversary of the liberation of Auschwitz-Birkenau: “There have been bigger and more horrific genocides. They happened to brown people, though, so I guess it doesn’t matter, huh?” Other tweets included, “Every Jew has an attic but not every attic has Jews,” and “AUSCHWITZ Gas Chamber Music LMAO SMH.” Yeboah issued an apology that suggested her intention was to “highlight the lack of visibility surrounding many genocides,” but she acknowledged she “ended up diminishing the seriousness of the tragedies that the Jewish community have faced.”
In late August, sectarian rioting between Catholic and Protestant groups took place in Glasgow. A police officer was left with hearing loss and burns after being struck by a firework thrown during the rioting. On October 13, a Protestant man was sentenced to 16 months in prison for throwing the projectile, which was intended to disrupt an Irish Republican march.
In July, the Sikh Federation withdrew a threat of legal action against the Scottish government after receiving assurances that Sikhs would be listed as a distinct ethnic group on Scotland’s 2022 census. According to the Sikh Federation, the push for designation of Sikhs as an ethnic group was motivated by the fact that “ethnic group categories defined in the census” are used by public bodies in different sectors in Scotland to meet their legal duties under “equalities legislation,” whereas religious group categories are not.
On January 26, a swastika and a Celtic cross were painted on a Caribbean food shop in Greenwich, in southeast London, while another Celtic cross, the Star of David, and the word “Jews” were written across the facade of a Barclay’s bank half a mile away. The leader of Greenwich Council, Danny Thorpe, condemned the “totally appalling and horrific” messages, adding that local residents were “worried and upset” but that the community would come together. The Greenwich council quickly removed the graffiti, and the Metropolitan Police opened an investigation. On February 4, more than 150 members of the local community staged a rally against anti-Semitism and racism. One of the organizers told the local newspaper that the incident was not “just an attack on the Jewish and West Indian communities, it is an attack on all of us.”
COVID-19 pandemic regulations greatly limited opportunities for interfaith collaboration from March through the end of the year. In January, faith and belief communities came together to commemorate International Holocaust Remembrance Day and the anniversary of the liberation of Auschwitz-Birkenau.
The Chelsea FC hosted a Holocaust Remembrance reception on January 15 to unveil a commemorative mural painted on the Chelsea stadium by British-Israeli street artist Solomon Souza commemorating soccer players imprisoned in Auschwitz. The event brought together prominent members of the Jewish community, parliamentarians, and players and leading figures from the Chelsea organization. In January, Chelsea became the first sports team in the world to formally adopt the IHRA working definition of anti-Semitism. Five other Premier League clubs subsequently adopted the IHRA definition: West Ham United, Crystal Palace, Bournemouth, Burnley, and Brighton.
Throughout the year, a number of universities adopted the IHRA definition; however, several from the Russell Group, which represents 24 leading UK universities, fell short of adopting the working definition in its entirety, despite pressure from the government to do so before the year’s end. In September, freedom of information requests submitted by the Union of Jewish Students found that only 29 of 133 higher education institutions had done so. In October, Secretary for Education Gavin Williamson wrote to vice chancellors stating it was “frankly disturbing” that not all had adopted the IHRA definition and accused them of “dragging their feet.” Williamson warned that the Office for Students could take regulatory action against the noncompliant, which could include suspending funding streams. Speaking to the House of Commons Education Select Committee in October, Universities Minister Michelle Donelan said she wanted “every university to adopt this definition.” An end-of-year tally by the Union of Jewish Students found that 48 of the 133 higher education institutions had adopted the IHRA definition.
In commemoration of the 75th Anniversary of the liberation of Auschwitz-Birkenau, The Holocaust Memorial Day Trust ran a school project entitled “75 Memorial Flames.” The trust encouraged schools, organizations, and community groups to submit designs featuring a flame. More than 300 groups from across the country registered for the project, which aimed to bring persons from all backgrounds together to remember the six million Jews killed in the Holocaust. Seventy-five memorial flames were chosen by an expert panel of artists, Holocaust survivors, and the CEO of the Holocaust Memorial Day Trust, Olivia Marks-Woldman. Of the final 75 designs, only one was from a Jewish school.
The Board of Deputies of British Jews hosted a roundtable discussion in January, bringing together representatives from across the Jewish community to meet Dolkun Isa, the President of the World Uyghur Congress. The Board of Deputies Vice-President Amanda Brown said, “In the week that we are marking International Holocaust Memorial Day,” it is “intolerable that the Uyghur Muslims are being persecuted on this scale.” She added, “It is the responsibility of all of us in the Jewish community to stand up and make our voices heard in their support.”
On March 3-5, the Churches Together in Britain and Ireland, an interfaith organization, hosted a two-day interreligious conference entitled “Towards a Christian Theological Understanding of Inter-religious Participation: Challenges, Risks, and Opportunities.” The conference focused on situations in which members of faith communities cross the boundaries between their traditions to engage in the practices of other traditions, or to share in ritual activity with members of other faiths. In September, representatives from the Catholics Bishops Conference said that a number of interfaith initiatives occurred during the COVID-19 pandemic lockdown. These consisted mainly of information sharing, in addition to working together to ensure that charitable efforts continued throughout the pandemic.
Section IV. U.S. Government Policy and Engagement
Embassy and consulate staff engaged with government officials, political parties, and religious groups to advance religious freedom issues, with a strong emphasis on digital engagement and use of social media, in response to COVID-19 pandemic restrictions. In June, the Ambassador spoke with Labour Leader Sir Keir Starmer to discuss the party’s plan to confront anti-Semitism. Throughout the year, embassy officials met counterparts from the Foreign, Commonwealth, and Development Office; the Special Envoy for Post-Holocaust Issues, Lord Sir Eric Pickles; the government’s Independent Special Advisor on Anti-Semitism, Lord Mann; and the Honorary President of the Conservative Friends of Israel, Lord Polak, in addition to Members of Parliament and advisors.
Embassy officials regularly met with representatives from a wide variety of religious groups and initiated engagement with organizations such as Humanists UK in an effort to broaden understanding of and messaging on freedom of religion and belief.
Staff from the consulate general in Belfast maintained regular contact with a wide range of religious leaders in Northern Ireland, conducting regular visits to diverse places of worship, as well as convening formal and informal gatherings to discuss religious freedom, tolerance, and the shared societal challenges faced by their communities.
On January 27, a senior embassy official represented the United States at the UK’s Holocaust Memorial Day Commemoration Ceremony, held to mark International Holocaust Remembrance Day and the anniversary of the liberation of Auschwitz-Birkenau. The official met with current and past Trustees of the Holocaust Memorial Day Trust. The Ambassador also used social media to mark the date.
In April, the Ambassador had a telephone conversation with Chief Rabbi of the United Synagogues, Rabbi Ephraim Mirvis, to pass on his best wishes for Passover and to show support for local Jewish communities during the difficult time of the COVID-19 pandemic. In May, the Ambassador called Ahmad al-Dubayan, Director General of the London Central Mosque, to commemorate Ramadan, discuss how the local Muslim community was coping with COVID-19 pandemic restrictions, and to underline the U.S. commitment to promoting religious freedom.
In June, the Ambassador hosted a virtual meeting with representatives of Jewish community organizations to discuss the Labour Party’s plan to confront the issue of anti-Semitism within the party.
In May, the Ambassador and Ambassador at Large for International Religious Freedom gave remarks during a virtual iftar co-hosted by the Naz Legacy Foundation as part of its #RamadanAtHome series, the largest virtual iftar series in the UK. Other speakers included prominent faith leaders from the Muslim, Jewish, and Catholic communities, as well as the Church of England. Approximately 19,000 viewers viewed the Ambassador’s remarks on the importance of promoting international religious freedom on platforms including Zoom, Facebook, and British Muslim TV. Aggregate audience figures for #RamadanAtHome totaled 76,700 livestream viewers, and globally more than 300,000 watched highlight videos on social media.
In December, a senior embassy official delivered remarks at a virtual Diwali celebration convened by the Hindu Forum of Europe. He said that despite “being faced with the difficulties of COVID-19, we saw people across our communities roll up their sleeves and get to work…to find new ways to celebrate.” The senior embassy official said that the continuation of celebrations this year was a powerful reflection of the real spirit of Diwali, the spirit that light triumphs over darkness, and that such celebrations are “a reminder for all faiths – and none – that even during the darkest times, we will continue to find light and hope and joy in each other.” The senior official also conducted a virtual candle lighting. The event included remarks from interfaith and secular leaders from across Europe. To mark National Religious Freedom Day, the Ambassador tweeted a quote from the President. The consulate general in Belfast hosted an interfaith dialogue on January 16. The event convened a diverse group of Northern Ireland’s religious leadership representing the region’s Catholic, Protestant, Buddhist, Jewish, Hindu, and Islamic communities to discuss shared concerns. Participants welcomed the U.S. initiative fostering interfaith dialogue.
To mark International Religious Freedom Day on October 27, the embassy created and tweeted a video highlighting the U.S. commitment to the promotion of religious freedom. The video included remarks made by the President and the Secretary of State. The video was viewed 3,285 times and was displayed on social media feeds more than 20,493 times.