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.

Government Practices

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.

The constitution establishes the state as secular and affirms the separation of religion and state. The constitution provides for freedom of religion and equality before the law without distinction as to religion. These rights may be regulated by law and may be limited by law only to ensure mutual respect for the rights of others and for the “imperative” of safeguarding public order and good morals. It prohibits “denominational propaganda” that infringes on national unity or the secular nature of the state.

In December, the government adopted constitutional amendments that removed a denominational oath of office that had required government directors and secretaries general and above to take an oath “under God” or “under Allah.”

Under the law, all associations, religious or otherwise, must register with the Ministry of Territorial Administration and Decentralized Territorial Collectivities. Associations must provide a list of all the founding members and their positions in the organization, founders’ resumes, copies of the founders’ identification cards, minutes of the establishment meetings, a letter to the minister requesting registration, principal source of the organization’s revenue, address of the organization, a copy of its rules and procedures, and statutory documents of the organization. The ministry conducts background checks on every founding member and establishes a six-month temporary, but renewable, authorization to operate, pending final authorization and approval. Failure to register with the ministry means that organizations are not considered legal entities and may not open bank accounts or enter into contracts; it may also lead to the banning of a group. Group founders or board members may be subject to one month to one year in prison and a fine of 50,000 to 500,000 CFA francs ($94 to $940) for failure to register. Registration does not confer tax preferences or other benefits.

Burqas, defined by ministerial notice as any garment where one sees only the eyes, are forbidden by ministerial decree. The ministerial notice also applies to niqabs, although this reportedly is not enforced.

The constitution states public education shall be secular. The government prohibits religious instruction in public schools but permits religious groups to operate private schools, and there are numerous schools operated by Muslims, Catholics, and Protestants.

The HCIA, an independent government body, oversees Islamic religious activities, including some Arabic-language schools and institutions of higher learning, and represents the country’s Muslim community at international Islamic forums. The government approves those nominated by members of the HCIA to serve on the council. Wahhabis are nominated to serve on the council but have not participated due to their stated concerns regarding the council’s role in the government ban on their activities. Muslim Brotherhood adherents are also represented on the council, operating under the umbrella of Sufi groups rather than as overt representatives of Muslim Brotherhood groups. The Grand Imam of N’Djamena, who is selected by a committee of Muslim elders and approved by the government, is the de jure president of the HCIA and oversees the heads of the HCIA branches and grand imams from each of the country’s 23 regions. He has the authority to restrict Muslim groups from proselytizing, regulate the content of mosque sermons, and control activities of Islamic charities. In practice, he does not regulate sermons.

The Office of the Director of Religious and Traditional Affairs under the Ministry of Territorial Administration and Decentralized Territorial Collectivities oversees religious matters. The office is responsible for mediating intercommunal conflict, reporting on religious practices, and ensuring religious freedom. It also reports concerns and suggestions regarding religious activities to the Minister of Territorial Administration, who has the authority to ban or sanction activities. The position of office director rotates every two years among Muslims, Protestants, and Catholics. The office contains a special bureau for Hajj and Umrah under the supervision of the Presidency of the Republic, with members chosen annually by presidential decree. The HCIA deals directly with the Ministry of Territorial Administration and Decentralized Territorial Collectivities or with the civil office of the President of the Republic to address concerns with Wahhabi groups.

The constitution states military service is obligatory, and it prohibits invoking religious belief to “avoid an obligation dictated by the national interest.” This statute largely applies in case of wartime mobilization, since the country does not have universal military conscription.

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

Government Practices

The government maintained its ban on the leading Wahhabi group, Ansar al-Sunna. According to civil rights organizations, enforcement was difficult, and adherents continued to meet and worship in their own mosques. Local media reported that many security force officials belonged to the same tribes and came from the same regions as the Wahhabi leaders, resulting in lax implementation of government decisions, favoritism, and bribery. Local Arabic-language media reported that the HCIA president reconciled with Wahhabi groups, unlike his predecessor, who was generally anti-Wahhabist. Due to the government ban on their activities, Wahhabis received financial support from abroad as individuals rather than as a group, according to local Arabic-language media.

The government continued to deploy security forces around both Islamic and Christian places of worship, in particular on Fridays around mosques and Sundays around churches, as well as on other occasions for religious events.

Between March and June, the government closed all gathering places, including places of worship, to fight the spread of COVID-19. The measures applied to all religious groups in the same manner, and national Muslim, Protestant, and Catholic leaders all supported these government restrictions in public statements and encouraged believers to pray at home. Local media reported that Wahhabis did not support or comply with governmental restrictions, especially in the northern and northeastern neighborhoods of N’Djamena. The government lifted restrictions on public communal worship in June and promoted social distancing measures. Mosques and Protestant churches reopened in June, while Catholic churches chose to delay their reopening until July, citing COVID-19 transmission concerns.

According to media, the government’s elimination in December of the denominational oath of office that had required senior government officials to take an oath “under God” or “under Allah” was widely popular.

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

The law, as well as international and European covenants to which the country adheres, protects the freedom of individuals to choose, change, and practice their religion. Interference with freedom of religion is subject to criminal penalties, including a fine of 1,500 euros ($1,800) and imprisonment for one month. Individuals who are defendants in a trial may challenge the constitutionality of any law they say impedes their freedom of religion.

Laws increase the penalties for acts of violence or defamation when they are committed because of the victim’s actual or perceived membership or nonmembership in a given religious group. Additional penalties beyond those for the underlying crime for acts of violence that courts determine are religiously motivated are three to five years’ imprisonment and fines of 45,000 to 75,000 euros ($55,200-$92,000), depending on the severity of the victims’ injuries. For religiously motivated acts of public defamation, defined as an allegation of fact that affects the honor of a person or body, the penalties are one year’s imprisonment and/or a fine of 45,000 euros ($55,200). The government may expel noncitizens for inciting discrimination, hatred, or violence against a specific person or group of persons based on religion.

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

Religious groups must apply at the local prefecture (the administrative body representing the central government in each department) for recognition as an association of worship and tax-exempt status. In order to qualify as an association of worship, the group’s sole purpose must be the practice of religion, which may include liturgical services and practices, religious training, and the construction of buildings serving the religious group. The association must also engage in public worship and respect public order. Among excluded activities are those that are purely cultural, social, or humanitarian in nature. To apply for tax-exempt status, the association must provide to the prefecture its estimated budget for the year, annual accounts for the previous three years or since the association’s creation, whichever is shorter, a written justification of eligibility for the status, and the number of members of the association. In Paris, the association must have a minimum of 25 members. Once granted, the association may use the tax-exempt status nationwide. The government does not tax associations of worship on donations they receive. If the prefecture determines an association is not in conformity with its tax-exempt status, however, the government may change that status and require the association to pay taxes at a rate of 60 percent on past, as well as future, donations until it regains tax-exempt status. According to the Ministry of Interior, 109 Protestant, 100 Catholic, 50 Jehovah’s Witness, 30 Muslim, and 15 Jewish associations have tax-exempt status. The number of cultural associations, many of which are not associated with religious groups, is in the thousands and changes frequently. Cultural associations may be declared using an online form through the government’s public administration website. Cultural associations, even if associated with religious groups, may operate without applying for government recognition. Under the law, the Church of Scientology has the status of a secular and not a religious association. Parliamentary reports (most recently in 1996) have labelled Scientology as a “cult,” and multiple Scientology officials have been convicted of crimes in the country.

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

Counterterrorism legislation grants prefects in each department the authority to close a place of worship for a maximum of six months if they find that comments, writings, or activities in the place of worship “provoke violence, hatred or discrimination or the commission of acts of terrorism or praise such acts of terrorism.” The management of the place of worship has 48 hours to appeal the closure decision to an administrative court. A place of worship that has been closed may remain closed beyond the six-month maximum if it does not replace its chief cleric and/or management. Noncompliance with a closure decision carries a six-month prison sentence and a fine of 7,500 euros ($9,200). On December 17, parliament voted for the extension of the legislation until the end of July 2021.

The law prohibits covering one’s face in public places, including public transportation, government buildings, and other public spaces, such as restaurants and movie theaters. If police encounter a person in a public space wearing a face covering such as a mask or burqa, they are legally required to ask the individual to remove it to verify the individual’s identity. According to the law, police officials may not remove it themselves. If an individual refuses to remove the garment, police may take the person to the local police station to verify his or her identity. Police may not question or hold an individual for more than four hours. Refusing a police instruction to remove a face-covering garment carries a maximum fine of 150 euros ($180) or attendance at a citizenship course. Individuals who coerce another person to cover his or her face on account of gender by threat, violence, force, or abuse of power or authority are subject to a fine of up to 30,000 euros ($36,800) and may receive a sentence of up to one year in prison. The fine and sentence are doubled if the person coerced is a minor.

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

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

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

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

By law, the government subsidizes private schools, including those affiliated with religious organizations. In 98 percent of private schools, in accordance with the law, the government pays the teachers’ salaries, provided the school accepts all children regardless of their religious affiliation. The law does not address the issue of religious instruction in government-subsidized private schools. According to the education code, religious instruction is allowed but optional in government-subsidized private schools. Students are not required to attend religion classes, and other activities are available for students who opt out.

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

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

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

Government Practices

During his October 29 emergency visit to Nice, shortly after a Tunisian national entered the Basilica of Notre Dame and stabbed three Catholic worshippers to death, President Macron offered his condolences to the country’s Catholics and urged people of all religions to unite and not “give in to the spirit of division.” In a November 7 national memorial, Prime Minister Jean Castex paid tribute to the three victims. Castex said, “We know the enemy. Not only is he identified, but he has a name: It is radical Islamism, a political ideology that disfigures the Muslim religion by distorting its texts, its dogma, and its commands.” He concluded, “We will not allow the France that we love to be disfigured.”

On October 19, Interior Minister Darmanin ordered a six-month closure of the mosque in Pantin, a suburb of Paris, following the October 16 beheading of teacher Samuel Paty, who had shown his class cartoons of the Prophet Muhammad as part of a lesson on freedom of expression. The mosque’s imam had posted on social media calls to retaliate against Paty for showing the cartoons. The mosque appealed the Minister’s decision before the Montreuil administrative court, which on October 27, validated the government’s decision to close the mosque. The court ruled authorities had committed no “serious and manifestly illegal violation of fundamental freedoms” in temporarily closing the mosque “for the sole purpose of preventing acts of terrorism.”

On August 30, Junior Minister for Citizenship Marlene Schiappa reported that since February 2018, when it launched a nationwide program to counter “Islamism and communitarianism,” the Ministry of Interior had closed 210 restaurants and cafes (mostly kebab restaurants), 15 places of worship, 12 cultural establishments, and four schools. According to Schiappa, those establishments, which the government did not specifically identify, “were gathering places to organize Islamist separatism.” Independent online investigative website Mediapart requested the list of closed sites through the Administrative Documents Access Commission (Commission d’acces aux documents administratifs, CADA), an independent government agency providing administrative documents and public records. In December, CADA upheld the Ministry of Interior’s decision not to make public specific names of institutions.

On November 2, Interior Minister Darmanin announced at the National Assembly that the government had closed 43 mosques since May 2017. The Ministry of the Interior reported that, as of December 29, it was in the process of investigating for closure 76 mosques, including 16 in the Paris region, because of suspected separatism. The al-Kawthar Mosque in Grenoble reopened in August 2019 after the legal maximum closure period of six months.

On February 18, President Macron, together with his Ministers of Interior, Housing, Youth, and Sports, visited the eastern city of Mulhouse to introduce a plan, which would require parliamentary approval, to fight “Islamist separatism.” Macron said “political Islam” had no place in the country and stressed national unity. He proposed specific measures, including an end to the practice of foreign-financed imams, referring to the 300 imams whom foreign governments had sent to the country, adding they would be replaced by French-trained imams. According to Macron, the strategy aimed to reduce Islamist influence in sensitive neighborhoods and to abolish structures, such as unaccredited schools that paralleled or replaced government structures and undermined state secularism. In public schools, Macron proposed abolishing foreign language and culture programs taught by individuals appointed and/or funded by foreign governments. Macron also announced the reinforcement of oversight of foreign-funded religious sites.

Further to his February announcement, on October 2, President Macron introduced the outlines of a draft law that he said aimed to counter “Islamist separatism.” The government introduced the full draft law in December, and parliament was scheduled to consider it in 2021. Macron reaffirmed state secularism, calling it “the cement of a united France,” and said, “What we must attack is Islamist separatism.” Macron stated that all religious practice must comport with the law. He said, “Islam is a religion … that is being infected by radical impulses,” adding, “External influences … have pushed these most radical forms,” citing their effect on Wahabism, Salfafism, and the Muslim Brotherhood. Macron described Islamic separatism as a project “…serving as a pretext for teaching principles which are not in accordance with the Republic’s laws,” in which Islamists impose their own rules and laws on isolated communities and negate national “principles, gender equality, and human dignity.” Macron stated his campaign targeted radical Islamists and not Islam or Muslims and that he offered an “inclusive message” to millions of Muslims who were integrated “full citizens.” He added, “Our challenge today is to fight against this abuse that some perpetrate in the name of religion, by ensuring that those who want to believe in Islam are not targeted.”

Prior to this speech, President Macron, Prime Minister Castex, and Interior Minister Darmanin held consultations with the CFCM on September 16, 25, and 26 to present the government’s plan. The CFCM stated it was in agreement with the President’s measures.

Jehovah’s Witness officials reported one case in which authorities interfered with proselytizing during the year. On February 8, municipal police in Erstein, Bas-Rhin Department, citing a municipal decree, prohibited Jehovah’s Witnesses from engaging in door-to-door activity. Jehovah’s Witnesses sent a letter to the mayor, referencing the laws recognizing their right to proselytize, but did not indicate they received a response.

Between March 16 and May 11, the government implemented a nationwide lockdown because of the COVID-19 pandemic that included a ban on religious gatherings and worship and door-to-door proselytizing. While the government lifted restrictions on freedom of movement on May 11, it extended the ban on gatherings in places of worship – except for funerals which it limited to 20 persons – and gatherings with more than 10 persons until June 2. The Catholic Church was the most vocal in expressing opposition to these measures.

On April 28, after then-Prime Minister Edouard Philippe told the National Assembly religious services would not resume before June 2 (although churches remained open for individual prayer), the Bishop’s Council of the Catholic Church responded that the continuing measures did not incorporate its proposal to resume religious services with social distancing measures in place. On April 30, then-Interior Minister Christophe Castaner met with Archbishop Eric de Moulins Beaufort, president of the Conference of Bishops of France, to discuss Catholic concern. Bishop of Nanterre Matthieu Rouge publicly criticized the government’s restrictions, which he said fell disproportionately on religious groups, stating that many shops and some museums were allowed to reopen on May 11. He called the delay for churches a sign of “anti-clericalism” or “anti-Catholic orientation” in the presidency. While expressing disappointment with the restrictions, Archbishop de Moulins Beaufort said Catholic officials would “adapt.”

In a May 18 ruling, the Council of State – the country’s highest administrative court – ordered the government to lift within eight days the ban on religious meetings, calling it a “disproportionate measure.” The council, responding to a lawsuit brought by NGOs and individuals, said such a ban on freedom of worship caused “serious and manifestly illegal damage.” The council highlighted that the government had previously authorized public gatherings of up to 10 persons in other settings and that a complete and total ban on worship was “disproportionate to the objective of preserving public health.” The ruling stipulated freedom of worship was a fundamental right that “includes among its essential components the right to participate collectively in ceremonies, in particular in places of worship,” and that the government’s decree “constitutes a serious and manifestly unlawful interference with it.” On May 23, the government issued a decree allowing services to resume.

On April 21, President Macron held a virtual meeting with religious leaders to thank them for implementing COVID-19 safety measures and celebrating religious holidays, including Easter, Passover, and Ramadan, “without gatherings” and to express the need to continue the collaboration.

On April 19, armed police interrupted a Mass at Saint-Andre de l’Europe, a Catholic church in Paris, to enforce social distancing. The police did not fine the priest or others involved with having the Mass go forward. The Mass had been scheduled to be broadcast later that weekend. Paris Archbishop Michel Aupetit said police entered the church armed, an act he described as generally not permissible unless there was a threat to public order. He compared the COVID-19 climate to the World War II occupation of France.

Police fined the priest of Saint-Nicolas-du-Chardonnet, a church under the authority of the Society of St. Pius X, 135 euros ($170) for conducting an Easter Vigil Mass with approximately 40 attendees.

On October 30, authorities reintroduced measures restricting freedom of movement, religion, and worship to combat a second wave of COVID-19 infections. Places of worship remained open for individual prayer during the second nationwide lockdown, but authorities did not permit worship services, only authorizing funeral services attended by a maximum of 30 persons and weddings attended by a maximum of six persons. Five bishops announced on November 2 they had lodged appeals with the Council of State to demand the ban on masses be lifted, stating that the most recent COVID-19 restrictions violated freedom of worship and were disproportionate in relation to other COVID-19 lockdown measures. On November 7, the Council of State rejected the bishops’ appeal. The ruling judge stated churches remained open, despite not being able to hold services, and that Catholics could go to a church near their homes, provided they carried the necessary paperwork. Priests were also allowed to visit persons in their homes, and chaplains to visit hospitals. The judge also stated current rules would be the subject of review by the government by November 16 to evaluate their pertinence and proportionality. On November 26, Prime Minister Castex announced only 30 persons at a time would be allowed at prayer services inside places of worship and with stringent sanitary measures.

In October, members of the Church of Scientology reported that the Court of Montreuil overturned the 2019 municipal decree by the mayor’s office in Saint-Denis, just outside Paris, refusing a permit allowing the Church to renovate a building it had purchased in the municipality for the purpose of converting it into its headquarters and a training center. According to the Scientologists, the court found that “the mayor had exercised his powers for a purpose other than the preservation of the safety and accessibility of the premises.” The court ordered the government to pay the Church of Scientology damages (amount as-yet unspecified). The municipality of Saint-Denis announced its intention to appeal the decision, and the case was pending at year’s end.

A May 10 article in The Washington Post reported that “many Muslims, religious freedom advocates, and scholars see a great deal of irony” that the French ban on face coverings such as burqas remained in effect despite the country’s adoption of mask requirements due to the COVID-19 pandemic. During the year, there were no reports of police enforcing the face covering ban or of protests or public comment concerning the ban by Muslim groups. French media rejected the premise of the article. Newspaper Le Figaro, for example, called it “a misunderstanding and a mistake,” adding that the “antiburqa” ban did include exceptions for health, professional, or legislative requirements and that COVID-19 mask requirements were compatible with the law.

In a December 3 interview, Interior Minister Darmanin said the country had deported 66 radicalized foreign Islamists since the end of September. The 66 were part of a list of 231 foreigners on the FSPRT (fichier des signalements pour la prevention de la radicalisation a caractere terroriste) – a list of individuals suspected of radicalization – under orders of deportation. Darmanin also traveled in early November to Morocco, Italy, Tunisia, Malta, and Algeria to meet counterparts and discuss means to reinforce cooperation to fight terrorism and the return of their suspected radicalized nationals. According to the Ministry of Interior, approximately 300 imams, or 70 percent of all imams in the country, were trained in foreign countries such as Turkey, Morocco, and Algeria.

The government maintained the deployment of security forces throughout the country to protect sensitive sites, including vulnerable Catholic, Jewish, and Islamic sites and other places of worship. Following the October 29 terrorist attack at the Notre Dame Basilica in Nice, President Macron announced an increase, from 3,000 to 7,000 troops across the country, in domestic counterterrorism patrols under the Ministry of Defense’s Operation Sentinel. On October 30, Defense Minister Florence Parly told the Defense Council the deployment would focus on protecting schools and places of worship.

On September 25, following a terrorist attack in which two persons were wounded in a stabbing near the former headquarters of satirical newspaper Charlie Hebdo, Interior Minister Darmanin announced the kosher supermarket that was targeted by a coordinated attack after the Charlie Hebdo massacre in January 2015 “will now be permanently guarded.” Darmanin also announced he had ordered extra protection of Jewish sites for Yom Kippur. On September 27, Darmanin visited a synagogue in Boulogne-Billancourt, a western suburb of Paris. During the visit, he said, “Jews remain the target of Islamist attacks,” adding that the government had mobilized more than 7,000 police and soldiers to protect Jewish places of worship on Yom Kippur.

On December 16, the Special Criminal Court delivered its verdict on the terrorism trial related to the January 2015 terrorist attacks, finding all 14 defendants guilty of providing support to the three deceased terrorists who carried out the attacks against Charlie Hebdo, police in Montrouge, and a kosher supermarket. They received sentences ranging from four years to life in prison. The court dropped terror qualifications for six of the defendants, convicting them instead of providing material support without knowledge of the terrorist intent. Three of the defendants, including Hayat Boumeddiene (the wife of one of the shooters, Amedy Coulibaly) were tried in absentia. At least one defendant expressed his intent to appeal the court’s decision.

On October 29, following investigative work by the Ministries of Culture and Foreign Affairs and the Louvre and d’Orsay Museums, the government restituted to the heirs of Marguerite Stern seven paintings stolen by the Nazis in Paris during World War II.

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

On October 13, during a meeting with administrators of the guidelines in the country’s schools and colleges, Education Minister Jean-Michel Blanquer promised to support teachers, pupils, and parents who exposed breaches of the country’s law on secularism in schools, including wearing religious symbols. His comments came after the Ministry of Education reported 935 infringements of the secularism law between September 2019 and March 2020. Middle schools for 11- to 15-year-olds accounted for 45 percent of incidents, while primary schools accounted for 37 percent. More than 40 percent of violations were in the form of religiously motivated insults or other verbal aggression, while 15 percent involved the wearing of religious symbols, such as a crucifix, veil, or turban.

According to the Ministry of Justice, the penitentiary system employed Catholic, Protestant, Muslim, Jehovah’s Witness, Jewish, Orthodox Christian, and Buddhist chaplains. In detainee visiting areas, visitors could bring religious objects to an inmate or speak with the prisoner about religious issues but could not pray. Prisoners could pray in their cells individually, with a chaplain in designated prayer rooms, or, in some institutions, in special apartments where they could receive family for up to 48 hours.

The government continued to implement its 2018-20 national plan to combat racism and anti-Semitism, which had a strong focus on countering online hate content. The government said it would assess the results of the plan in 2021. On June 18, the Constitutional Council invalidated core provisions of a new law against online hate speech, adopted by parliament on May 13, that was part of the 2018-20 plan. The “Avia Law,” introduced at the direction of then-Prime Minister Philippe, required online platforms to remove, within 24 hours, material they determined to be hateful content based on race, gender, disability, sexual orientation, and religion; language trivializing genocide or crimes against humanity; and content deemed sexual harassment. Social media companies faced fines up to 1.25 million euros ($1.53 million) if they failed to remove the content within the required timeframes. The Constitutional Council ruled these provisions of the law infringed on freedom of speech and were “not appropriate, necessary, and proportionate.” Parliamentary committees were drafting replacement legislation at year’s end.

On June 10, the European Court of Human Rights ruled the country had violated Article 10 (freedom of expression) of the European Convention on Human Rights when it convicted a group of 12 pro-Palestinian activists for incitement to economic discrimination. The group had distributed leaflets calling for a boycott of Israeli products as part of the BDS movement in 2009 and 2010. While France’s highest court, the Court of Cassation, had upheld the conviction, the European court ruled the activists’ actions were forms of political expression, protected by the human rights convention. In a final judgment on September 11, the court ordered the government to pay a total of 101,000 euros ($124,000) in damages to the group. The government had three months to appeal the court’s decision or make the payment but did not do either. At year’s end, the fine remained unpaid.

On January 4, several thousand demonstrators gathered in Paris and a number of other cities to protest the December 2019 court ruling that deemed Kobili Traore “criminally not responsible” for Sarah Halimi’s killing in 2017 because he was under the influence of cannabis at the time of the attack. On January 23, during his visit to Israel, President Macron criticized the Paris Appeals Court ruling. In a January 27 statement, Chantal Arens, the senior judge of the Court of Cassation, and Prosecutor General Francois Molins responded to Macron, stating, “The independence of the justice system, of which the president of the Republic is the guarantor, is an essential factor in the functioning of a democracy.” At year’s end, Traore was held in a psychiatric hospital. The case was pending at the Court of Cassation.

On September 17, prosecutors opened an investigation into the song lyrics of Freeze Corleone, a rapper who was accused by several officials and organizations of promoting anti-Semitism. Paris prosecutor Remy Heitz said Corleone was being investigated for “inciting racial hatred” based on the content of his songs and videos posted online. Frederic Potier, the interministerial delegate (head) of DILCRAH, had earlier reported the rapper to the public prosecutor’s office after identifying what he characterized as nine illegal passages in his music. In his lyrics, Corleone declared that he “arrives determined like Adolf in the 1930s,” that he does not “give a damn about the Shoah,” and that “like Swiss bankers, it will be all for the family so my children can live like Jewish rentiers.”

On July 28, police arrested Alain Bonnet, also known as Alain Soral, on charges of incitement of hatred against Jews and actions that “endanger the fundamental interests of the Republic” after comments he made on his website, Equality and Reconciliation. At the end of September, the Paris Appeals Court sentenced Soral to pay 134,400 euros ($165,000) to the International League against Racism and Anti-Semitism (LICRA) as punishment for releasing Salvation Through The Jews, a work by Leon Bloy (died 1917) that the court found to be anti-Semitic. On October 6, the court sentenced Soral to a 5,400 euro ($6,600) fine for blaming Jews for the September 11, 2001 terrorist attacks in the United States. Soral was convicted four times in 2019, following previous violations for Holocaust denial, anti-Semitic insults, and publishing an anti-Semitic video.

The Paris prosecutor’s October 14 decision to prosecute a man for vandalism rather than anti-Semitism for spray-painting dozens of large red swastikas along Paris’s landmark Rue de Rivoli the weekend of October 10-11 sparked protests among members of the Jewish community. The prosecutor’s office stated there was no legal basis for charging the man with a crime aggravated by religious or racial hatred and that “the damage was committed without specifically targeting buildings identified as being linked to the Jewish community.” In a tweet, the Representative Council of Jewish Institutions in France (CRIF) expressed “total incomprehension,” asking, “How can you spray 20 swastikas without being prosecuted for anti-Semitism?” Dorothee Bissacia-Bernstein, the lawyer representing LICRA in the case, tweeted after the decision, “Major moment of indignation and anger yes. Stupefaction.” Leader of the far-left France Unbowed Party Jean-Luc Melenchon criticized the “lamentable” decision. The suspect, a man from the country of Georgia, remained in pretrial detention. His trial was rescheduled and remained pending at year’s end.

On January 27, on International Holocaust Remembrance Day and the 75th anniversary of the liberation of Auschwitz, Jean-Michel Blanquer, Minister of National Education and Youth, and Armin Laschet, German Plenipotentiary for Cultural Affairs under the Franco-German Cooperation Treaty, visited the Shoah Memorial in Paris. In public remarks, they stated the fight against racism and anti-Semitism was and would remain a priority of educational cooperation between the two countries.

On January 9, then-Interior Minister Castaner, then-Justice Minister Nicole Belloubet, and then-Junior Minister for the Interior Laurent Nunez attended a CRIF-organized memorial ceremony outside a Paris kosher supermarket, where five years earlier a gunman had killed four Jews and held 15 other persons hostage.

On July 10, Interior Minister Darmanin attended the Shabbat service at the Great Synagogue of Paris. “The Jews of France had to suffer many unspeakable acts. Attacking the Jews of France, is attacking the Republic,” he said at the end of the visit.

On July 19, Secretary of State for the Armed Forces Genevieve Darrieussecq held a ceremony in Paris honoring the victims of the 1942 Velodrome d’Hiver roundup in which 13,000 Jews, including 4,000 children, were deported to extermination camps. “There is no space for ambiguity, the Velodrome d’Hiver roundup is an issue belonging to France,” Darrieussecq said in her statements, adding, “Two dangers lie in wait for us and must constantly be fought: oblivion and hatred. It is because the Nation knows where it comes from, looks at its past without ambiguity, that it will be intractable in the face of racism, anti-Semitism, and discrimination.”

President Macron and government ministers condemned anti-Semitism and declared support for Holocaust education on several occasions, including a February 19 visit to the Shoah Memorial; the March 19 commemoration of the eighth anniversary of the killings of three Jewish children and their teacher by Mohammed Merah in Toulouse; the April 30 Holocaust Remembrance Day commemoration; and the June 1 Judaism Day observance. On April 26, as the country held private or virtual ceremonies (because of COVID-19 restrictions) for the thousands of persons deported to Nazi death camps during World War II, President Macron tweeted, “Seventy-five years on, we have not forgotten.” On the same day, Secretary of State for the Armed Forces Darrieussecq laid a wreath at the Shoah Memorial and the Memorial of the Martyrs of The Deportation in central Paris.

On July 26, Interior Minister Darmanin participated in a tribute for Father Jacques Hamel, the Catholic priest killed in an attack for which ISIS claimed responsibility at his church in Saint-Etienne-du-Rouvray in 2016. In his remarks, Darmanin said Father Hamel was “killed by the Islamist barbarism,” and “killing a priest is like trying to assassinate a part of the nation’s soul.”

On July 29, Interior Minister Darmanin visited Douaumont Cemetery at the Verdun battlefield to pay tribute to Muslim soldiers who died for the country during World War I. Speaking in front of the graves, he warned against “any deviation of the spirit … that evokes the purported incompatibility between the fact of [religious] belief and being a republican.” He added, “The [French] Republic does not prefer any religion, does not combat any religion.”

Due to the COVID-19 pandemic, the government postponed the visit of 30 Moroccan, 120 Algerian, and 151 Turkish imams whom it has regularly hosted to promote religious tolerance and combat violent extremism within Muslim communities.

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

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.

Government Practices

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.

The constitution declares Islam is the country’s religion, but the constitution also declares the country to be a “civil state.” The constitution designates the government as the “guardian of religion” and requires the president to be Muslim. It guarantees freedom of belief, conscience, and exercise of religious practices. The constitution also states that mosques and houses of worship should be free from partisanship. It obligates the state to disseminate the values of moderation and tolerance, protect holy sites, and prevent takfir (Muslim accusations of apostasy against other Muslims). The law requires that all religious services be celebrated within houses of worship or other nonpublic settings. These restrictions extend to public advertisement of religious services. The constitution lists reasons for potential restrictions on the rights and freedoms it guarantees, including protecting the rights of others, requirements of national defense, and public order, morality, or health. The constitution guarantees the right to public education and says the state will “work to consolidate the Arab-Muslim identity in the young generations.”

The penal code criminalizes speech likely “to cause harm to the public order or morality,” as well as acts undermining public morals in a way that “intentionally violates modesty.”

There is no legal prohibition of proselytism, but the law criminalizes forced conversions.

Religious groups may form and register associations under the law to establish a bank account, conduct financial activities such as charity work, and receive favorable tax treatment, including tax-free donations from government-approved associations, provided the association does not purport to represent all believers of a religious group or use the name of a religious group. To establish an association, a religious group must submit a registered letter to the Prime Minister’s Office stating the purposes of the association; copies of the national identity cards of its founders, who must be citizens; and two copies of the articles of association signed by the association’s founders or their representatives. The articles of association must contain the official name of the association in Arabic and any foreign language, if appropriate; its address; a statement of its objectives; membership criteria; membership fees; and a statement of organizational structure, including identification of the decision-making body for the association. The law requires that associations and political parties respect the rule of law and basic democratic principles. The law prohibits associations from engaging in for-profit activities, providing material support to individual political candidates, or adopting bylaws or taking actions to incite violence or promote hatred, fanaticism, or discrimination on the basis of religion. Once established, an association may receive tax-exempt income from organizations, including foreign organizations that have a prior agreement with the government.

Once an association receives the return receipt from the Prime Minister’s Office, it has seven days to submit an announcement of the name, purpose, and objectives of the association to the government press. The government press has 15 days to publish the announcement in the government gazette, which marks the association’s official registration. In the event the government does not return a registered receipt within 30 days, an association may proceed to submit its documents for publication and obtain registration. A foreign association may establish a branch in the country, but the government may also reject its registration request if the government finds the principles or objectives of the foreign association contravene the law.

Violations of the provisions of the law related to associations are punishable, first by a warning of up to 30 days from the secretary general of the government, then by a court order suspending the association’s activities for up to 30 days if the violations persist. If the association is still in violation of the law, the secretary general may then appeal to the court for dissolution of the association. Under the law, associations have the right to appeal court decisions.

Registered associations have the right to organize meetings and demonstrations, to publish reports and leaflets, to own real estate, and to engage in “all types of civil activities.”

A 1964 modus vivendi with the Holy See grants official recognition to the Roman Catholic Church. The modus vivendi allows the Church to function in the country and provides state recognition of the Catholic Church, although it restricts religious activities and services to the physical confines of authorized churches and prohibits construction of new churches and the ringing of church bells. A limited number of Catholic schools and charities may operate under the modus vivendi, but their financial activities are conducted through registration as an association and their affiliation with the Church is not publicized.

The law states that the government oversees Islamic prayer services by subsidizing mosques, appointing imams, and paying their salaries. The Grand Mufti, appointed by the President, is charged with declaring religious holidays, issuing certificates of conversion to Islam, attending to citizens’ inquiries, representing the country at international religious conferences, providing opinions on school curricula, and studying and writing about Islam. The MRA suggests themes for Friday sermons but does not regulate their content. The government may initiate administrative and legal procedures to remove imams whom authorities determine to be preaching “divisive” theology.

By law, new mosques may be constructed, provided they are built in accordance with national urban planning regulations. The MRA pays for construction of mosques, although private and foreign donors also are able to contribute to construction costs. Mosques become government property upon completion, after which the government must maintain them.

It is mandatory for students in public schools to attend courses on the principles of Islam for approximately one hour per week. Non-Muslim students generally attend these courses but may seek an exemption. The curriculum for secondary school students also includes references to the history of Judaism and Christianity. Religious groups may operate private schools.

Provisions of law addressing marriage, divorce, and other personal status issues are largely based on principles of civil law, combined with elements of sharia. Laws of inheritance are principally based on requirements in sharia, but there are some provisions that allow for exceptions as outlined in the Code of Personal Status.

Newly married couples must state explicitly in the marriage contract whether they elect to combine their possessions or to keep them separate. Sharia inheritance law in some instances provides men with a larger share of an inheritance. Non-Muslim women and their Muslim husbands may not inherit from each other, unless they seek a legal judgment based on the rights enshrined in the constitution. The government considers all children of those marriages to be Muslim and forbids those children from inheriting from their mothers. Spouses may, however, freely give up to one-third of their estate to whomever they designate in their will.

The law does not list religion as a prohibited basis for political parties but prohibits political parties from using religion to call for violence or discrimination.

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

Government Practices

According to a June 9 Reuters report, Mounir Baatour, a lawyer and president of Shams, a group that advocates for sexual minorities, fled to France after the government accused him in late 2019 of “incitement to hatred and to animosity between races, doctrines, and religions,” under the country’s counterterrorism law. According to Human Rights Watch (HRW), the basis for the accusation was that he re-shared a post on his Facebook page that critics considered disparaging of the Prophet Mohammed.

Media reported that police arrested two Indians, an Australian, and a Filipino in Sousse on February 18 for distributing flyers encouraging conversion to Christianity. According to media reports, the individuals were released after interrogation and subsequently deported.

On July 14, the First Instance Court of Tunis sentenced blogger Emna Chargui to six months in prison and a 2,000 dinar ($750) fine for a May 2 social media post, “Sura Corona,” that mimicked the format of a Quranic verse as a comment on the COVID-19 pandemic. The prosecutor charged Chargui under the press code for “inciting hatred between religions through hostile means or violence” and “offending authorized religions.” Civil society organizations criticized the court’s decision and called on authorities to overturn Chargui’s conviction. Chargui, who told the New York Times she identified as an atheist, announced through a Facebook post on August 8 that she had departed the country to seek asylum elsewhere. Her appeal remained under court review at year’s end.

On November 3, following an October attack in Nice, France, in which three persons were stabbed to death at a church, reportedly by a Tunisian, the government’s regional director of local affairs in Bizerte announced the suspension of a local imam who had posted a video on his Facebook page that incited others to kill anyone who offends the Prophet Muhammad. Police arrested and interrogated the imam. He remained in detention pending trial at year’s end. According to HRW, on November 12, a Tunis court sentenced blogger Wajdi Mahouechi to two years in prison for posting a video to Facebook on November 1 criticizing the public prosecutor’s handling of the imam’s case. The police arrested Mahouechi on November 2.

The Attalaki Association reported on incidents of hate speech, including by Rached Khiari, a member of parliament and former al-Karama Coalition member, who wrote on his Facebook page following the October 16 beheading of a teacher in France, “Whoever attacks the prophet must bear the consequences.” The Ministry of Interior initiated an investigation into the statement. A Counterterrorism Department spokesperson told media that Khiari’s action could be classified as a terrorism crime under the antiterrorism law.

On February 20, a member of the political bureau of the People’s Movement political party, Moncef Bouazizi, said during a media interview that the People’s Movement had been responsible for the removal of then Minister of Tourism Rene Trabelsi from the government. According to Bouazizi, the People’s Movement expressed its disapproval of Trabelsi, a Jew, to then Prime Minister Elyes Fakhfakh and accused Trabelsi of “normalizing with the Zionist entity” when he stated that Israelis of Tunisian origin should be allowed to return to the country for the Djerba pilgrimage.

Throughout the year, the High Independent Authority for Audiovisual Communication (HAICA) closed several media outlets for not complying with HAICA licensing requirements. On December 7, demonstrators in Tunis protested the government’s closing of the privately owned Radio Quran al-Karim. The HAICA said it ordered the closure because the station lacked an operating license. According to press reports, protestors said the action was rooted in Islamophobia and called for the station to return to the air. On December 31, the HAICA imposed a 100,000 dinar ($37,300) fine because of the defamatory and insulting content of its programs, saying that the station’s programs contained “erroneous” information and broadcast live religious discussions inciting hatred and violence, threatening people’s safety, public security, and social peace.

Local Jewish sources reported that the Jewish community respected the government’s COVID-19 general lockdown measures from March to May and that in turn, the government provided the Jewish community with flexibility as needed. For example, after the community expressed concern that the prison authority’s COVID-19 measures prevented family members from delivering kosher meals to a Jewish pretrial detainee, the courts released the detainee on bail, enabling him to join his family for Passover.

As part of the Ministry of Justice’s rehabilitation program for countering violent extremism, the Committee General for Prisons and Rehabilitation maintained an agreement with the MRA to permit vetted and trained imams to lead religious sessions with prisoners identified as extremists. As part of the ministry’s measures to counter violent extremism, prisons prohibited organized communal prayers but permitted individual detainees to have religious materials and to pray in their cells.

In contrast with the previous year, Baha’i leaders reported harassment by security force personnel during the year, including while preparing administrative documents at police stations.

On February 21, an administrative court ruled in favor of allowing the Baha’i Faith to establish an association. Baha’i Faith members reported that the General Prosecutor then presented an appeal to the court referencing a nonpublic fatwa issued by the Grand Mufti in 2016, which stated that Baha’i Faith members were apostates and infidels and therefore should not be permitted to practice their faith. The case remained ongoing at year’s end.

According to the NGO Minority Rights Group International (MRGI), because the Baha’i community remained unregistered, it could not have a bank account, organize money collection, or establish religious schools. The community petitioned the Minister of Local Affairs to establish a Baha’i cemetery but did not receive a reply by year’s end.

The government continued to publicly urge imams to disseminate messages of moderation and tolerance to counter what it said were threats of violent extremism. Since 2015, the MRA has conducted regular training sessions for imams on how to disseminate these messages. According to several local mosque committees in charge of mosque operations that are chosen by congregation members, the government generally allowed the committees to manage the daily affairs of their mosques and choose their own imams, with the exception of imams for Friday prayers, who were selected exclusively by the MRA. Regional MRA representatives within each governorate had to vet, approve, and appoint both the local mosque committees and the imams. According to an official from the MRA, the government standardized and enforced mosque opening and closing times, except for certain mosques with cultural or historical significance and very small community mosques.

The government mandated the wearing of face masks to prevent the spread of COVID-19, although the niqab remained officially prohibited. In 2019, in the immediate aftermath of terrorist attacks in downtown Tunis, the government prohibited the wearing of face coverings in administrative and public institutions, in order to “maintain public security and guarantee optimal implementation of safety requirements.” The media subsequently reported police and security forces harassed some women who wore the niqab. Government officials denied that the restriction limited religious freedom and stressed that its goal was to promote improved security. Sources reported that the circular remained valid during the year.

On March 5, President Kais Saied visited the Ghriba Synagogue in Djerba, accompanied by the then Ministers of Defense, Transport and Logistics, a former Minister of Tourism, and regional officials. In a speech, Saied said, “Tunisian Jews are equal with the rest of Tunisians in the eyes of the law, especially in terms of rights and duties.”

Christian citizens continued to state there was strong governmental and societal pressure not to discuss a church’s activities or theology publicly. Christian sources stated that security forces banned a religious conference scheduled for February in a hotel in the city of Hammamat for reasons unrelated to COVID-19 concerns.

Members of the Christian community reported the government allowed churches to operate within set guidelines and provided security for their services. The government generally restricted public religious services or processions outside churches. On August 15, however, the Santa Costa Church held a celebration in the streets of the city of La Goulette in honor of the Catholic Feast of the Assumption. A number of Muslim citizens, including the Mayor of La Goulette, Amal El Imam, and regional Ministry of Interior representative Fathi Hakami, attended the celebration.

Christian citizens reported the government continued to deny them the right to establish a legal entity or association that would give them the ability to establish an Arabic-language church or a cemetery. However, the Christian community again did not submit a formal request for an association or legal status during the year. Christian cemeteries existed for foreign members of the Christian community; Christian citizens, however, continued to need permission from the government to be buried in a Christian cemetery. Citizens reported they generally did not request such permission due to what they said was a pattern of governmental nonresponse. In August, the Attalaki Association reported that local officials refused to bury the body of a child of a Christian father in an Islamic cemetery because the cemetery was designated for use by Muslims only. After the family contacted the mayor of Tunis, the cemetery administration authorized the child’s burial. The Attalaki Association reported continued positive exchanges with members of parliament representing the Nahda political party, Tahya Tounes political party, the Reform bloc in Parliament, and the Union for Religious Affairs to discuss efforts to combat hate speech based on religion and to license a Christian cemetery and church.

On May 19, the mayor of al-Kram established the country’s first government-sponsored zakat fund (an Islamic religious duty to donate a portion of one’s income to the poor) since independence in 1956. Defenders of the country’s officially secular nature strongly criticized the creation of the fund, stating that religious initiatives should not replace the government’s civic duty and that it was contrary to the constitution. Civil society groups voiced concerns that the fund could benefit Islamist political groups at the expense of the state.

Jewish groups said they continued to worship freely, and the government continued to provide security for synagogues and partially subsidized restoration and maintenance costs. Government employees maintained the Jewish cemetery in Tunis but not those located in other cities, including Sousse and El-Kef.

In accordance with government permits, the Jewish community operated private religious schools, and Jewish children were allowed to split their academic day between public schools and private religious schools or attend either type of school full-time. The government-run Essouani School and the Houmt Souk Secondary School in Djerba remained the only public schools where Jewish and Muslim students studied together, primarily because of the small size and geographic concentration of the Jewish community. At these schools, Muslim students attended Islamic education lessons on Saturdays while their Jewish classmates could choose to attend classes on religion at a Jewish school in Djerba.

Representatives from the Jewish community reported that in early November, as a follow-up to applications first filed in 2019, they submitted legal documents related to establishing a Jewish community association to the MRA and to the Minister, who had vowed to support the request. The Jewish community initiated the applications to establish associations to better advocate with the government on behalf of Jewish community interests and serve as an organizing body for the Jewish communities in Gabes, Medenine, and Tunis.

On May 19, the Minister of Cultural Affairs announced the ministry would include the synagogue of Tataouine in its national heritage registry and would place it under protection to prevent further degradation of the building.

On November 15, during a visit to Doha, President Saied and the Qatari Emir proposed the holding of a “Western-Islamic conference…aimed at achieving greater understanding.” The President said that the conference would have the aim of avoiding confusion that Westerners might experience in distinguishing between “Muslims …[and] those extremists who claim to be Muslims,” and that there was a “need to differentiate between Islam and its true purposes and terrorism, which has absolutely nothing to do with Islam.”

In December, the government reported that 160 persons converted to Islam during the year.