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Albania

Section I. Religious Demography

The U.S. government estimates the total population at 3.1 million (July 2018 estimate).  According to the most recent census, conducted in 2011, Sunni Muslims constitute nearly 57 percent of the population, Roman Catholics 10 percent, members of the Autocephalous Orthodox Church of Albania nearly 7 percent, and members of the Bektashi Order (a form of Shia Sufism) 2 percent.  Other groups include Protestant denominations, Baha’is, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints, and a small Jewish community.  Nearly 20 percent of respondents declined to answer the optional question about religious affiliation.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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

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

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

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

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

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

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

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

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

New Zealand

Section I. Religious Demography

The U.S. government estimates the total population at 4.5 million (July 2018 estimate).  According to 2013 census data (the most recent figures available), of those responding regarding religious affiliation, 12.6 percent are Roman Catholic, 11.8 percent Anglican, 8.5 percent Presbyterian, 15 percent other Christian denominations (including Maori syncretic religions such as Ratana and Ringatu), 2.1 percent Hindu, 1.5 percent Buddhist, 1.2 percent Muslim, and 0.2 percent Jewish.  Between the censuses of 2006 and 2013, the number of Muslims and Hindus increased by 28 and 40 percent, respectively.  More than 90 additional religious groups together constitute less than 1 percent of the population.  The number of persons stating no religious affiliation increased from 34 percent to 42 percent between 2006 and 2013; 4.4 percent of the respondents to the census question on religion stated they objected to the question.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution, comprising several basic laws, states that religious expression is “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”  The constitution provides the right to manifest religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private.  The law prohibits discrimination based on religious belief.  According to the law, religious practices may not breach the peace.

The government does not require the licensing or registration of religious groups; however, for a religious group to collect money for any charitable purpose, including the advancement of its religion, and obtain tax benefits, it must register with the Department of Internal Affairs as a charitable trust.  The registration must provide the rules of the organization showing it is a nonprofit organization and a list of officers free from conflict of interest who will not put their own interests above the organization.  There is no fee.

The law provides that “teaching in every state [public] primary school must, while the school is open, be entirely of a secular character.”  A public primary school may close, including during normal school hours, for up to one hour per week, up to a total of 20 hours per year, to devote to religious instruction or religious observance, to be conducted in a manner approved by the school’s board of trustees.  If a public primary school provides religious instruction or observes religious customs, it must allow students to opt out.  Religious instruction or observance, if provided, usually takes place outside normal school hours.  Public secondary schools may provide limited religious instruction and observances within certain parameters that ensure they do not discriminate against anyone who does not share that belief.

Individuals may file complaints of unlawful discrimination, including on the basis of religious belief, to the HRC.  The HRC’s mandate includes assuring equal treatment of all religious groups under the law, protecting the right to safety for religious individuals and communities, promoting freedom of religious expression and reasonable accommodation for religious groups, and promoting religious tolerance in education.  In the event a complaint is not resolved satisfactorily with the assistance of HRC mediation, the complainant may proceed to the HRRT.  The tribunal has the authority to issue restraining orders, award monetary damages, or declare a breach of the Human Rights Act through a report to parliament.  Conduct prohibited by the Human Rights Act (e.g., workplace discrimination) may also be prosecuted under other applicable laws.  In addition to the HRC dispute resolution mechanism, a complainant may initiate proceedings in the court system; in exceptional circumstances, HRRT cases may be relocated to the High Court.

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

Pakistan

Section I. Religious Demography

The U.S. government estimates the total population at 207.9 million (July 2018 estimate).  According to the provisional results of a national census conducted in 2017, 96 percent of the population is Muslim.  According to government figures, the remaining 4 percent includes Ahmadi Muslims (whom Pakistani law does not recognize as Muslim), Hindus, Christians, Parsis/Zoroastrians, Baha’is, Sikhs, Buddhists, Kalash, Kihals, and Jains.  Most of the historic Jewish community has emigrated.

Sources vary on the precise breakdown of the Muslim population between Sunni and Shia Muslims.  Sunnis are generally believed to be 80-85 percent of the Muslim population and Shia are generally believed to make up 15-20 percent.  Unofficial estimates vary widely with regard to the size of minority religious groups.  According to 2014 media accounts, although there are 2.9 million non-Muslims registered with the National Database and Registration Authority (NADRA), the actual number exceeds 3.5 million.  Religious community representatives estimate minority religious groups constitute 3 to 5 percent of the population.

According to the 2014 government registration documents cited by the press, there are approximately 1.4 million Hindus, 1.3 million Christians, 126,000 Ahmadis, 34,000 Baha’is, 6,000 Sikhs, and 4,000 Parsis.  Taking account of the Ahmadi boycott of the official census, however, community sources put the number of Ahmadi Muslims at approximately 500,000-600,000.  Estimates of the Zikri Muslim community, located in Balochistan, range between 500,000 and 800,000 individuals.  Several minority rights advocacy groups dispute the provisional results of the 2017 census and state the numbers underrepresent their true population.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution establishes Islam as the state religion but states “subject to law, public order, and morality, every citizen shall have the right to profess, practice, and propagate his religion.”  A 1984 amendment to the penal code restricted the rights of members of the Ahmadiyya Muslim community to propagate their faith.  According to the constitution, every citizen has the right to freedom of speech, subject to “reasonable restrictions in the interest of the glory of Islam,” as stipulated in the penal code.  According to the penal code, the punishments for persons convicted of blasphemy include the death penalty for “defiling the Prophet Muhammad,” life imprisonment for “defiling, damaging, or desecrating the Quran,” and 10 years’ imprisonment for “insulting another’s religious feelings.”  Speech or action intended to incite religious hatred is punishable by up to seven years’ imprisonment.  Under the 2016 Prevention of Electronic Crimes Act (PECA), the Ministry of Religious Affairs and Interfaith Harmony is responsible for reviewing internet traffic and reporting blasphemous or offensive content to the Pakistan Telecommunications Authority (PTA) for possible removal, or to the Federal Investigative Agency (FIA) for possible criminal prosecution.  In 2017 the Lahore High Court directed the government to amend PECA to align the punishments for blasphemy online with the penal code punishments for blasphemy.  At years’ end the amendment was still under consideration.

The constitution defines “Muslim” as a person who “believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad … the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet after Muhammad.”  It also states “a person belonging to the Christian, Hindu, Sikh, Buddhist, or Parsi community, a person of the Qadiani group or the Lahori group (who call themselves Ahmadis), or a Baha’i, and a person belonging to any of the scheduled castes” is a “non-Muslim.”

According to the constitution and the penal code, Ahmadis may not call themselves Muslims or assert they are adherents of Islam.  The penal code bans them from preaching or propagating their religious beliefs, proselytizing, or “insulting the religious feelings of Muslims.”  The punishment for violating these provisions is imprisonment for up to three years and a fine.  On February 7, the government of Azad Jammu and Kashmir amended its interim constitution to declare Ahmadis non-Muslim.

The penal code criminalizes “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs” and provides for a sentence of up to 10 years in prison.

A 2015 constitutional amendment allows military courts to try civilians for terrorism, sectarian violence, and other charges; this authority was renewed in 2017 for an additional two years.  The government may also use special civilian terrorism courts to try cases involving violent crimes, terrorist activities, and acts or speech deemed by the government to foment religious hatred, including blasphemy.

The constitution states no person shall be required to take part in any religious ceremony or attend religious worship relating to a religion other than the person’s own.

The constitution provides for “freedom to manage religious institutions.”  It states every religious denomination shall have the right to establish and maintain its own institutions.  The constitution states no person shall be compelled to pay any special tax for the propagation or maintenance of a religion other than the person’s own.  The government collects a 2.5 percent zakat (tax) from Sunni Muslims and distributes the funds to Sunni mosques, madrassahs, and charities.

The constitution mandates the government take steps to enable Muslims, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to promote the observance of Islamic moral standards.  It directs the state to endeavor to secure the proper organization of Islamic tithes, religious foundations, and places of worship.

The Ministry of Religious Affairs and Interfaith Harmony is responsible for organizing participation in the Hajj and other Islamic religious pilgrimages.  Authorities also consult the ministry on matters such as blasphemy and Islamic education.  The ministry’s budget covers assistance to indigent minorities, repair of minority places of worship, establishment of minority-run small development projects, celebration of minority religious festivals, and provision of scholarships for religious minority students.

The law prohibits publishing any criticism of Islam, or its prophets, or insults to others’ religious beliefs.  The law bans the sale of Ahmadiyya religious literature.

The provincial and federal governments have legal responsibility for certain minority religious properties abandoned during the 1947 partition of British India.

The constitution states no person attending any educational institution shall be required to attend religious instruction or take part in any religious ceremony relating to a religion other than the person’s own.  It also states no religious denomination shall be prevented from providing religious instruction for pupils of its denomination in an educational institution maintained by the denomination.

The constitution states the government shall make Islamic studies compulsory for all Muslim students in state-run schools.  Although students of other religious groups are not legally required to study Islam, schools do not always offer parallel studies in their own religious beliefs.  In some schools, however, non-Muslim students may study ethics.  Parents may send children to private schools, including religious schools, at the family’s expense.  In Punjab, Sindh, and Khyber Pakhtunkhwa provinces, private schools are also required to teach Islamic studies and the Quran to Muslim students.

By law, madrassahs are prohibited from teaching or encouraging sectarian or religious hatred or violence.  Wafaqs (independent academic boards) register seminaries, regulate curricula, and issue degrees.  The five wafaqs each represent major streams of Islamic thought in Pakistan:  Barelvi, Deobandi, Shia, Ahle Hadith, and the suprasectarian Jamaat-i-Islami.  The wafaqs operate through an umbrella group, Ittehad-e-Tanzeemat-e-Madaris Pakistan (ITMP), to represent their interests to the government.  The NAP requires all madrassahs to register with one of five wafaqs or directly with the government.

The constitution states “all existing laws shall be brought into conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah [Islam’s body of traditional social and legal custom and practice].”  It further states no law shall be enacted which is “repugnant” to Islam.  The constitution states this requirement shall not affect the “personal laws of non-Muslim citizens” or their status as citizens.  Most personal laws regulating marriage, divorce, and inheritance for minority communities date from pre-partition British legislation.

The constitution establishes a Federal Shariat Court (FSC) composed of Muslim judges to examine and decide whether any law or provision is “repugnant to the injunctions of Islam.”  The constitution gives the FSC the power to examine a law of its own accord or at the request of the government or a private citizen.  The constitution requires the government to amend the law as directed by the court.  The constitution also empowers the FSC to review criminal cases relating to certain crimes under the Hudood Ordinance, including rape and those linked to Islamic morality, such as extramarital sex, alcohol use, and gambling.  The court may suspend or increase the sentence given by a criminal court in these cases.  The FSC exercises “revisional jurisdiction” (the power to review of its own accord) in such cases in lower courts, a power which applies whether the cases involve Muslims or non-Muslims.  Non-Muslims may not appear before the FSC.  If represented by a Muslim lawyer, however, non-Muslims may consult the FSC in other matters such as questions of sharia or Islamic practice which affect them or violate their rights if they so choose.  By law, decisions of the FSC may be appealed to the Supreme Court’s Shariat Appellate Bench.

The constitution establishes a Council of Islamic Ideology to make recommendations, at the request of the parliament and provincial assemblies, as to “the ways and means of enabling and encouraging Muslims to order their lives in accordance with the principles of Islam.”  The constitution further empowers the council to advise the legislative and executive branches when they choose to refer a question to the council, as to whether a proposed law is or is not “repugnant to the injunctions of Islam.”

In the absence of specific language in the law authorizing civil or common law marriage, marriage certificates are signed by religious authorities and registered with the local marriage registrar.  The 2016 Sindh Hindu Marriage Act and the 2017 Hindu Marriage Act (applying to all other provinces) codified legal mechanisms to formally register and prove the legitimacy of Hindu marriages.  The 2016 Sindh Hindu Marriage Act also applies to Sikh marriages.  In addition to addressing a legal gap by providing documentation needed for identity registration, divorce, and inheritance, the 2017 Hindu Marriage Act allows marriages to be voided when consent “was obtained by force, coercion or by fraud.”  The 2017 Hindu Marriage Act allows for the termination of the marriage upon the conversion of one party to a religion other than Hinduism.  On August 8, the Sindh provincial government enacted amendments to its 2016 legislation allowing couples to seek divorce and granting Hindu women the right to remarry six months after a divorce or a spouse’s death.  Before the passage of the amendments in Sindh, Hindu women were not allowed to remarry as a community custom once they were widowed, and the law did not recognize the divorce of Hindu couples.

The government considers the marriage of a non-Muslim woman to a non-Muslim man dissolved if she converts to Islam, although the marriage of a non-Muslim man who converts remains recognized.  Children born to a non-Muslim couple are considered illegitimate and ineligible for inheritance if their mother converts to Islam.  The only way to legitimize the marriage and the children is for the husband also to convert to Islam.  The children of a Muslim man and a Muslim woman who both convert to another religious group are considered illegitimate, and by law the government may take custody of the children.

The constitution directs the state to “safeguard the legitimate rights and interests of minorities,” to secure the well-being of the people irrespective of creed, and to discourage sectarian prejudices.  It forbids discrimination against any religious community in the taxation of religious institutions.  The National Commission on Human Rights (NCHR), an independent government-funded agency that reports to parliament, is required to receive petitions, conduct investigations, and request remediation of human rights violations.  The NCHR is also mandated to monitor the government’s implementation of human rights and review and propose legislation.  It has quasi-judicial powers and may refer cases for prosecution but does not have arrest authority.  The 18th Amendment, passed in 2010, expanded the powers of the prime minister and devolved responsibility for education, health care, women’s development, and minorities’ affairs, including religious minorities, to the provinces.

According to the constitution, there shall be no discrimination on the basis of religion in appointing individuals to government service, provided they are otherwise qualified.  There is a 5 percent minimum quota for hiring religious minorities at the federal level.

The constitution prohibits discriminatory admission based on religious affiliation to any governmental educational institution.  According to regulations, the only factors affecting admission to government schools are students’ grades and home provinces; however, students must declare their religious affiliation on application forms.  This declaration is also required for private educational institutions, including universities.  Students who identify themselves as Muslims must declare in writing they believe the Prophet Muhammad is the final prophet.  Non-Muslims are required to have the head of their local religious communities verify their religious affiliation.  There is no provision in the law for atheists.

The NADRA designates religious affiliation on passports and requires religious information in national identity card and passport applications.  Those wishing to be listed as Muslims must swear they believe the Prophet Muhammad is the final prophet, and must denounce the Ahmadiyya movement’s founder as a false prophet and his followers as non-Muslim.  There is no option to state “no religion.”  National identity cards are required for all citizens upon reaching the age of 18.  Identification cards are used for voting, pension disbursement, social and financial inclusion programs and other services.

The constitution requires the president and prime minister to be Muslims.  All senior officials, including members of parliament, must swear an oath to protect the country’s Islamic identity.  The law requires that elected Muslim officials swear an oath affirming their belief that the Prophet Muhammed is the final prophet of Islam.

There are reserved seats for religious minority members in both the national and provincial assemblies.  The 342-member National Assembly has 10 reserved seats for religious minorities.  The 104-member Senate has four reserved seats for religious minorities, one from each province.  In the provincial assemblies, there are three such reserved seats in Khyber Pakhtunkhwa; eight in Punjab; nine in Sindh; and three in Balochistan.  Political parties elected by the general electorate choose the minority individuals who hold these seats; they are not elected directly by the minority constituencies they represent.

The country is party to the International Covenant on Civil and Political Rights (ICCPR), and maintains two reservations:  first, that ICCPR Article 3 regarding equal rights of men and women would be “applied as to be in conformity with Personal Law of the citizens and Qanoon-e-Shahadat (Law of Evidence),” under which the in-court testimony of men is given greater weight than that of women; and second, that ICCPR Article 25, on the equal right for citizens to take part in public service would be subject to articles of the constitution mandating that the president and prime minister be Muslims.

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The Lessons of 1989: Freedom and Our Future