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Afghanistan

Executive Summary

The constitution establishes Islam as the state religion but stipulates followers of religions other than Islam are free to exercise their faith within the limits of the law.  Conversion from Islam to another religion is considered apostasy, which is punishable by death, imprisonment, or confiscation of property according to the Sunni Islam’s Hanafi school of jurisprudence, which the constitution states shall apply “if there is no provision in the constitution or other laws about a case.”  There were no reports of government prosecutions for blasphemy or apostasy during the year, but converts from Islam to other religions reported they continued to fear punishment from the government as well as reprisals from family and society.  The law prohibits the production and publishing of works contrary to the principles of Islam or offensive to other religions.  The new penal code, which went into effect in February, includes punishments for verbal and physical assaults on a follower of any religion and punishment for insults or distortions directed towards Islam.  Shia leaders continued to state that the government neglected security in majority-Shia areas.  The government sought to address security issues in Western Kabul’s Shia Hazara Dasht-e Barchi area, a target of major attacks during the year, by announcing plans to increase Afghan National Defense and Security Forces (ANDSF) presence.  Media reported the government arrested 26 militants preparing attacks on the Shia community during the community’s observance of Ashura in Kabul.  According to the Hindu and Sikh communities, their members continued to avoid settling disputes in the courts due to fear of retaliation and instead chose to settle disputes through community councils.  Representatives of minority religious groups reported the courts’ continued failure to grant non-Muslims the same rights as Muslims.  A small number of Sikhs and Hindus continued to serve in government positions.  The Independent Elections Commission (IEC) granted an extension on July 5 for the registration for a Sikh candidate to run in the October parliamentary elections following the death of the only Sikh candidate in a suicide attack in Jalalabad on July 1.  Shia Muslims continued to hold some major government positions; however, Shia leaders said the number of positions still did not reflect their demographics.

The Islamic State in Khorasan Province (ISKP), an affiliate of ISIS and a U.S.-designated terrorist organization, again targeted and killed members of minority religious communities, and the Taliban again targeted and killed individuals because of their beliefs or their links to the government.  According to the UN Assistance Mission in Afghanistan (UNAMA), consistent with trends observed in the past two years, many of the suicide and improvised explosive device (IED) attacks on civilians targeted Shia Muslims, particularly ethnic Hazaras.  During the year, UNAMA recorded 22 attacks targeting places of worship, religious leaders, and worshippers, causing 453 civilian casualties (156 deaths and 297 injured), all attributed to ISKP and other antigovernment elements.  The Taliban continued to kill or issue death threats against Sunni clerics for preaching messages contrary to its interpretation of Islam.  Taliban gunmen killed imams and other religious officials throughout the country.  On November 20, a suicide bomber killed more than 50 religious scholars gathered at a Kabul wedding hall to celebrate the Prophet Mohammad’s birthday.  No group claimed responsibility for the attack.  The Taliban continued to warn mullahs not to perform funeral prayers for government security officials and to punish residents in areas under Taliban control according to their interpretation of Islamic law, including stoning any person suspected of adultery or other “moral crimes.”  Insurgents claiming affiliation with the ISKP reportedly engaged in similar activities.  On February 27, in Tangi Wazir, Nangarhar Province, the ISKP stoned to death a man accused of engaging in extramarital sexual relations (zina), and subsequently issued a press statement about the killing.  In April the ISKP stoned to death a 60-year-old man accused of raping a woman in Darzab District, Jawzjan Province.  According to some religious community leaders, some mullahs in unregistered mosques continued to preach in support of the Taliban or ISKP in their sermons.

Sikhs, Hindus, Christians, and other non-Muslim minority groups reported continued harassment from some Muslims, although Hindus and Sikhs stated they were able to practice their respective religions in public.  Christian groups reported public opinion remained hostile towards converts and to Christian proselytization.  Christians and Ahmadi Muslims stated they continued to worship privately to avoid societal discrimination and persecution.  Women of several different faiths reported continued harassment from local Muslim religious leaders over their attire, which they said made it necessary for almost all women, both local and foreign, to wear some form of head covering.  Observers said local Muslim religious leaders continued their efforts to limit social activities they considered inconsistent with Islamic doctrine.  The authoritative body of Islamic scholars, known as the Ulema Council, announced plans to establish a special committee to oversee social reform to address government corruption and “moral corruption” in society that religious clerics deemed incompatible with the teachings of Islam.  According to minority religious leaders, only a few places of worship remained open for Sikhs and Hindus, who said they continued to emigrate because of discrimination and a lack of employment opportunities.  Community leaders reported that 500 to 600 Sikhs and Hindus, representing almost half their numbers, fled to either India or Western countries during the year, particularly in the aftermath of the July 1 bombing in Jalalabad.  Hindu and Sikh groups also reported interference with their efforts to cremate the remains of their dead, in accordance with their customs, from individuals who lived near cremation sites.  On June 4, the Ulema Council convened approximately 3,000 religious scholars in Kabul to issue a propeace fatwa that also condemned discrimination based on religion.

U.S. embassy officials continued to promote religious tolerance and the protection of religious minorities in meetings with senior government officials.  In October the Department of State Special Advisor for Religious Minorities met with government officials and civil society leaders to promote religious tolerance.  To enhance the government’s capacity to counter violent religious extremism, facilitate creation of a national strategy against such extremism, and create policies to foster religious tolerance, embassy representatives met frequently with the Office of the National Security Council (ONSC).  Embassy officials met regularly with leaders of major religious groups, scholars, and nongovernmental organizations (NGOs) to discuss ways to enhance religious tolerance and interreligious dialogue.  The embassy continued to sponsor programs for religious leaders to increase interreligious dialogue, identify means and ways to counter violent religious extremism, and promote tolerance for religious diversity.  During the month of Ramadan, the embassy used social media platforms to share information on Islam in America, based on Department of State-created materials that profiled prominent Muslim-Americans and organizations.  The embassy also used social media to highlight the National Religious Freedom and International Religious Freedom Days.

Section I. Religious Demography

The U.S. government estimates the total population at 34.9 million (July 2018 estimate).  There are no reliable statistics available concerning the percentages of Sunni and Shia Muslims in the country; the government’s Central Statistics Office does not track disaggregated population data.  According to the Pew Forum, Shia make up approximately 10-15 percent of the population.

According to religious community leaders, the Shia population, approximately 90 percent of whom are ethnic Hazaras, is predominantly Jaafari, but it also includes Ismailis.  Other religious groups, mainly Hindus, Sikhs, Baha’is, and Christians, constitute less than 0.3 percent of the population.  Sikh and Hindu leaders estimate there are 245 Sikh and Hindu families totaling 700 individuals, down from 1,300 individuals estimated in 2017, mostly in Kabul, with a few communities in Nangarhar, Ghazni, Paktiya, Kunduz, Kandahar, and Helmand Provinces.

The Ahmadi Muslim community estimates it has 450 adherents nationwide, down from 600 in 2017.  Reliable estimates of the Baha’i and Christian communities are not available.  There are small numbers of practitioners of other religions, including one Jewish person.

Hazaras live predominantly in the central and western provinces as well as in Kabul; Ismaili Muslims live mainly in Kabul and in the central and northern provinces.  Followers of the Baha’i Faith live predominantly in Kabul, with a small community in Kandahar.  Ahmadi Muslims largely live in Kabul.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the beliefs and provisions of the “sacred religion of Islam.”  It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam.  According to the constitution, followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law.”  The penal code, enacted in February, outlines provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion.  An article in the new penal code specifies what constitutes an insult to religion, stating, “A person who intentionally insults a religion or disrupts its rites or destroys its permitted places of worship shall be deemed as a perpetrator of the crime of insulting religions and shall be punished according to provisions of this chapter.”

Another article of the penal code states persons who forcibly stop the conduct of rituals of any religion, destroy or damage “permitted places of worship” (a term not defined by the code) where religious rituals are conducted, or destroy or damage any sign or symbol of any religion are subject to imprisonment of three months to one year or a fine ranging from 30,000 afghanis to 60,000 afghanis ($400 to $800).  In cases where murder or physical injury result from the disturbance of religious rites or ceremonies, the perpetrator will be tried according to crimes of murder and physical injury as defined by law.

The new penal code also specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years.

While the crime of blasphemy of Islam, also known as apostasy, is not specifically provided for under the penal code, it falls under the seven offenses making up the hudood as defined by sharia law.  According to the penal code, perpetrators of hudood will be punished according to Hanafi jurisprudence.  According to Sunni Hanafi jurisprudence, which the constitution states shall apply “if there is no provision in the constitution or other laws about a case,” beheading is appropriate for male apostates, while life imprisonment is appropriate for female apostates, unless the individual repents.  A judge may also impose a lesser penalty, such as short-term imprisonment or lashes, if doubt about the apostasy exists.  Under Hanafi jurisprudence, the government may also confiscate the property of apostates or prevent apostates from inheriting property.  This guidance applies to individuals who are of sound mind and have reached the age of maturity.  Civil law states the age of majority for citizens is 18, although it is 16 for females with regard to marriage.  Islamic law defines it as the point at which one shows signs of puberty.

Conversion from Islam to another religion is apostasy according to the Hanafi school of jurisprudence applicable in the courts.  If someone converts to another religion from Islam, he or she shall have three days to recant the conversion.  If the person does not recant, then he or she shall be subject to the punishment for apostasy.  Proselytizing to try to convert individuals from Islam to another religion is also illegal according to the Hanafi school of jurisprudence, which is applied in the courts and subject to the same punishment.

Blasphemy, which may include anti-Islamic writings or speech, is a capital crime according to the Hanafi school.  Accused blasphemers, like apostates, have three days to recant or face death, although there is no clear process for recanting under sharia.  Some hadiths (sayings or traditions that serve as a source of Islamic law or guidance) suggest discussion and negotiation with an apostate to encourage the apostate to recant.

According to a 2007 ruling from the General Directorate of Fatwas and Accounts under the Supreme Court, the Baha’i Faith is distinct from Islam and is a form of blasphemy.  All Muslims who convert to it are considered apostates; Baha’is are labeled infidels.

Licensing and registration of religious groups are not required.  Registration as a group (which gives the group the status of a council, known as a shura) or an association conveys official recognition and the benefit of government provision of facilities for seminars and conferences.  By law, anyone who is 18 years of age or older may establish a social or political organization.  Such an entity must have a charter consistent with domestic laws as well as a central office.  Both groups and associations may register with the Ministry of Justice.  The ministry may dissolve such organizations through a judicial order.  Groups recognized as shuras (councils) may cooperate with one another on religious issues.  Associations may conduct business with the government or the society as a whole. 

A mass media law prohibits the production, reproduction, printing, and publishing of works and materials contrary to the principles of Islam or offensive to other religions and denominations.  It also prohibits publicizing and promoting religions other than Islam and bans articles on any topic the government deems might harm the physical, spiritual, and moral wellbeing of persons, especially children and adolescents.  The law instructs National Radio and Television Afghanistan, a government agency, to provide broadcasting content reflecting the religious beliefs of all ethnic groups in the country.  The law also obligates the agency to adjust its programs in light of Islamic principles as well as national and spiritual values.

According to the constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture as well as academic principles” and develop courses on religion based on the “Islamic sects” in the country.  The national curriculum includes materials designed separately for Sunni-majority schools and Shia-majority schools, as well as textbooks that emphasize nonviolent Islamic terms and principles.  The curriculum includes courses on Islam, but not on other religions.  Non-Muslims are not required to study Islam in public schools.

According to the law, all funds contributed to madrassahs by private or international sources must be channeled through the Ministry of Education (MOE).

The civil and penal codes derive their authority from the constitution.  The constitution stipulates the courts shall apply constitutional provisions as well as the law in ruling on cases.  For instances in which neither the constitution nor the penal or civil code address a specific case, the constitution declares the courts may apply Hanafi Sunni jurisprudence within the limits set by the constitution to attain justice.  The constitution also allows courts to apply Shia law in cases involving Shia followers.  Non-Muslims may not provide testimony in matters requiring sharia jurisprudence.  The constitution makes no mention of separate laws applying to non-Muslims.

A Muslim man may marry a non-Muslim woman, but the woman must first convert if she is not an adherent of one of the other two Abrahamic faiths – Christianity or Judaism.  It is illegal for a Muslim woman to marry a non-Muslim man.

The government’s national identity cards indicate an individual’s religion, as well as nationality, tribe, and ethnicity.  Individuals are not required to declare belief in Islam to receive citizenship.

The constitution requires the president and two vice presidents to be Muslim.  Other senior officials (ministers, members of parliament, judges) must swear allegiance and obedience to the principles of Islam as part of their oath of office.

The constitution allows the formation of political parties, provided the program and charter of a party are “not contrary to the principles of the sacred religion of Islam.”  The constitution states political parties may not be based on sectarianism.

The law, pursuant to a 2016 presidential decree, mandates an additional seat in parliament’s lower house be reserved for a member of the Hindu and Sikh community.  Four seats in the parliament are also reserved for Ismaili Muslims.

The Ministry of Hajj and Religious Affairs (MOHRA) remained responsible for managing Hajj and Umrah pilgrimages, revenue collection for religious activities, acquisition of property for religious purposes, issuance of fatwas, educational testing of imams, sermon preparation and distribution for government-supported mosques, and raising public awareness of religious issues.  During the year, MOHRA restructured its bureaucracy to establish an office dedicated to assisting the faith practices of religious minorities, specifically Sikhs and Hindus.

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

Government Practices

Media reported members of the Shia community continued to state the government did not provide them with adequate protection from attacks by nonstate actors.  In response to these attacks, in September President Ashraf Ghani announced a plan to divide Kabul into four security zones, creating a security zone in the Dasht-e Barchi area similar to the one that protects embassies and international organizations in central Kabul and increasing the ANDSF presence there.  President Ghani also announced plans for the Kabul Municipality and Capital Zone Development Authority to implement development projects in the area, including road construction.  Representatives from the predominantly Shia Hazara community, however, said these were insufficient, symbolic measures from the government.  The Ministry of Interior again increased security around Shia mosques and authorized the arming of Shia civilians, under police authority, to provide extra security for Ashura.  There were no reports of violence during Ashura processions – a sharp contrast from recent years.  On September 18, media reported the government had prevented attacks by arresting 26 ISKP militants in Kabul suspected of planning attacks on Ashura.

As in the previous four years, there were no reports of government prosecutions for blasphemy or apostasy during the year; however, individuals converting from Islam reported they continued to risk annulment of their marriages, rejection by their families and communities, loss of employment, and possibly the death penalty.  Baha’is continued to be labeled as “infidels,” although they were not considered converts; as such, they were not charged with either crime.

The government again allowed both Sunnis and Shia to go on pilgrimages, with no quota on either group.  It charged fees for Hajj participants to cover transportation, food, accommodation, and other expenses.  MOHRA also continued to facilitate pilgrimages for Hindus and Sikhs to India, but it did not collect any revenue for or from non-Muslims.  Ahmadi Muslims reported they chose not to interact with MOHRA because they feared MOHRA would deem them non-Muslims and forbid them from participating in the Hajj.

MOHRA reported that of the approximately 120,000 mullahs in the country, 6,000 registered mullahs were working directly for MOHRA at year’s end, an increase from 4,589 in 2017.  Government officials said the ministry was able to hire additional clerics under the year’s budget due to the implementation of new procedures and a new payroll system.  These mullahs continued to receive an average monthly salary of 12,000 afghanis ($160) from the government.  For highly educated mullahs of central mosques delivering special Friday sermons or khatibs, MOHRA provided a salary of 14,000 afghanis ($190).  Mullahs applying to be prayer leaders in MOHRA-registered mosques continued to have to hold at least a high school diploma, although a bachelor’s degree or equivalent verified by the Ministry of Higher Education was preferred.  MOHRA reported approximately 66,000 of the estimated 160,000 mosques in the country were registered.  According to MOHRA, the ministry lacked the financial resources to create a comprehensive registry of mullahs and mosques in the country.

MOHRA reported it continued to allocate a portion of its budget for the construction of new mosques, although local groups remained the source of most of the funds for the new mosques.  Unless the local groups requested financial or other assistance from the ministry, they were not required to inform the ministry about the new construction.

Hindu and Sikh groups again reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy, but per the law against conversion of Muslims, the government continued not to allow them to proselytize.  Hindu and Sikh community members said they continued to avoid pursuing land disputes through the courts due to fear of retaliation, especially if powerful local leaders occupied their property.

Although the government provided land to use as cremation sites, Sikh leaders stated the distance from any major urban area and the lack of security in the region continued to make the land unusable.  Hindus and Sikhs reported continued interference in their efforts to cremate the remains of their dead from individuals who lived near the cremation sites.  In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals.  The government promised to construct modern crematories for the Sikh and Hindu populations.  Sikh and Hindu community leaders said President Ghani reaffirmed this promise in an August 2017 meeting, but as of the end of the year, the government had not taken action.  Despite these challenges, community leaders acknowledged new efforts by MOHRA to provide free water, electricity, and repair services for a few Sikh and Hindu temples, as well as facilitate visas for religious trips to India.

MOHRA reported there were 4,500 registered madrassahs and “Quran learning centers” throughout the country, up from 4,093 in 2017.  The government reported that approximately 50,000 mosques were registered with the ministry.  The government registered some additional madrassahs during the year but did not report how many.  More than 300,000 students were enrolled in madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to the latest available estimate.

The registration process for madrassahs continued to require a school to demonstrate it had suitable buildings, classrooms, accredited teachers, and dormitories if students lived on campus.  MOHRA continued to register madrassahs collocated with mosques, while the MOE continued to register madrassahs not associated with mosques.  In MOHRA-run madrassahs, students received individual instruction, with one imam teaching approximately 50 to 70 children studying at various levels.  Only certificates issued by registered madrassahs allowed students to pursue higher education at government universities.

MOHRA could not estimate the number of unregistered madrassahs but stated it was likely unregistered madrassahs “far outnumbered” registered madrassahs.  The MOE was authorized to close unregistered madrassahs, but ministry officials again said it remained nearly impossible to close any due to local sensitivities.  According to ministry officials, some madrassahs were closed in conflict areas during the year, but not out of concern for potential negative societal repercussions.  Ministry officials said the government continued its efforts to raise awareness of the benefits of registering madrassahs, including recognition of graduation certificates and financial and material assistance, such as furniture or stationery.  Government officials said they were concerned about their inability to supervise unregistered madrassas that could institute violent extremist curriculum intolerant of religious minorities and become recruitment centers for antigovernment groups.

Mosques continued to handle primary-level religious studies.  Eighty MOE-registered madrassahs offered two-year degree programs at the secondary level.  An estimated 1,200 public madrassahs were registered with the MOE.

Ulema Council members continued to receive financial support from the state, although it officially remained independent from the government.  The council also provided advice to some provincial governments; however, according to scholars and NGOs, most legal decision making in villages and rural areas continued to be based on local interpretations of Islamic law and tradition.  President Ghani and Chief Executive Abdullah Abdullah included messages in support of religious tolerance in speeches invoking national unity and in meetings with minority religious groups.  For example, on September 19, media reported that President Ghani had stated the ongoing war was against the “national unity and religious freedom” of the country.  President Ghani and Chief Executive Abdullah also held meetings with Ulema Council members on promoting intrafaith tolerance and “moderate practices” of Islam.

Minority religious groups reported the courts continued not to apply the protections provided to those groups by law, and the courts denied non-Muslims the access to the courts or other legal redress as Muslims, even when the non-Muslims were legally entitled to those same rights.

According to media reports and representatives from non-Muslim religious minorities, some members of these communities, such as Sikhs and Hindus, were told they did not have equal rights because they were “Indians,” not Afghans, even when they were citizens of the country.  Members of minority religious communities reported the state, including the courts, treated all citizens as if they were Muslims, and some basic citizenship rights of non-Muslims remained uncodified.  They said the result was non-Muslims continued to risk being tried according to Hanafi jurisprudence.

Sikhs and Hindus continued to report their community members avoided taking civil cases to court because they believed they were unprotected by dispute resolution mechanisms such as the Special Land and Property Court.  Instead, their members continued to settle disputes within their communities.

Leaders of both Hindu and Sikh communities continued to state they faced discrimination in the judicial system, including long delays in resolving cases, particularly regarding the continued appropriation of Sikh properties.  Hindu and Sikh community leaders said they had pending court cases of land seized by municipal authorities and warlords from four years ago.  Whenever community advocates reproached the court, government officials said their cases remained under review.

Although some Shia continued to hold senior positions in the government such as Second Vice President Sarwar Danesh, High Peace Council Chairman Karim Khalili, and then Second Chief Executive Deputy Mohammad Mohaqeq, Shia leaders continued to state the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics.  Sunni members of the Ulema Council continued to state, however, that Shia remained overrepresented in government based on Sunni estimates of the percentage of Shia in the population.  Observers said these debates were often about the predominantly Hazara ethnicity of the majority of the country’s Shia rather than about religion.

A small number of Sikhs and Hindus continued to serve in government positions, including one at the municipal level, one at the Chamber of Commerce and Industries, one as a presidentially appointed member of the upper house of parliament, and one as an elected member in the lower house.  After the only Sikh candidate, Awtar Singh Khalsa, for lower house parliament elections was killed in a July 1 suicide attack in Jalalabad, Nangarhar Province, the IEC granted an extension on July 5 for the registration for a Sikh candidate to run in parliamentary elections in October.

Although four Ismaili Muslims remained members of parliament, Ismaili community leaders continued to report concerns about what they called the exclusion of Ismailis from other positions of political authority.

The government continued to support the efforts of judicial, constitutional, and human rights commissions composed of members of different Islamic religious groups (Sunni and Shia) to promote Muslim intrafaith reconciliation.  The Ministry of Women’s Affairs and MOHRA continued working toward their stated goal of gaining nationwide acceptance of the practice of allowing women to attend mosques.  The Ulema Council, the Islamic Brotherhood Council, and MOHRA also continued their work on intrafaith reconciliation.  Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.

On June 4, the Ulema Council convened approximately 3,000 religious scholars at the Loya Jirga tent in Kabul to issue a propeace fatwa.  Although the religious scholars said the effort was more of a symbolic attempt to challenge the religious legitimacy of “holy war” invoked by violent extremist groups, including the Taliban and ISKP, they said the fatwa included principles of religious tolerance.  The scholars stated, “Divisions among Muslims based on language, tribe, or sect are against Islam” and that “those who cause such division should be punished.”  This included all forms of intra-Muslim violence, including through suicide attacks.

The ONSC continued its work on addressing religiously motivated violent extremism, which included policies to foster religious tolerance.  The ONSC continued to sponsor provincial-level conferences on religiously motivated violent extremism to collect data for use in its effort to develop a strategy to counter violent extremism.  The ONSC also continued to coordinate the efforts of relevant government institutions and NGOs to formulate the strategy through an interministerial working group.  Government officials said the strategy had reached the final stages of review during the year.

Abuses by Foreign Forces and Nonstate Actors

According to journalists, local observers, and UNAMA, attacks by the ISKP and other insurgent groups continued to target specific religious and ethnoreligious groups, including the Hazara Shia.  UNAMA’s 2018 report on civilian deaths documented attacks targeting places of worship, religious leaders, and worshippers, recording 22 attacks causing 453 civilian casualties (156 deaths and 297 injured).  UNAMA attributed all attacks to antigovernment elements; the ISKP committed the vast majority of attacks.  Suicide attacks were the main cause of casualties, killing 136 civilians and injuring 266, representing a 118 per cent increase in casualties compared with 2017.  In addition to suicide attacks, UNAMA documented 35 civilian casualties (15 deaths and 20 injured) from targeted killings of religious leaders and worshippers.

UNAMA continued to report high levels of ISKP-directed, sectarian-motivated violence targeting the Shia Muslim, mostly ethnic Hazara, population.  During the year, it documented 19 incidents of sectarian-motivated violence against Shia Muslims resulting in 747 civilian casualties (223 deaths and 524 injured), a 34 percent increase in civilian casualties from such attacks compared with 2017.

The ISKP claimed responsibility for the September 6 twin-suicide attack on a sports club in Western Kabul that killed close to 150 individuals, the vast majority of them members of the Shia Hazara community.

Attacks on Shia mosques for which the ISKP claimed responsibility included a March 21 suicide attack on a Shia shrine in Kabul during a Nowruz celebration, killing 31 and wounding 65, and an August 3 suicide bomb attack on a Shia mosque in Gardez, Paktiya Province, killing 33 persons and injuring 94 during Friday prayers.

According to media reports, antigovernment forces also targeted Sunni mosques.  On May 6, an IED exploded in the Sunni Yaqubi Mosque in the Khost provincial center used as a voter registration center for the October parliamentary elections, killing at least 19 civilians, and injuring 32 others.  No group claimed responsibility for the attack; religious scholars noted the Taliban appeared to avoid attacks against Sunni mosques or refrain from claiming responsibility for them.

ISKP attacks targeting Shia continued to extend outside of mosques.  On April 22, a suicide attacker self-detonated outside of a national identity card (tazkira) distribution center in Kabul, killing 60 civilians and injuring 138 others, mostly women and children.  The predominantly Shia Hazara area in Kabul, Dasht-e Barchi, witnessed several suicide attacks targeting mosques, schools, and government offices, killing and injuring a large number of civilians.  The ISKP claimed responsibility for the majority of these attacks, which deliberately targeted the Shia community.  For example, on August 15, a suicide attack targeted students at an educational center in the Dasht-e Barchi area, killing more than 50 and injuring an estimated 70 individuals, mostly students.  An attack on a gym in the same area on September 5 killed more than 25 civilians and injured approximately 100.

The ISKP also claimed responsibility for a suicide bombing outside the tent of a June 4 Ulema Council conference, where close to 3,000 religious scholars gathered to issue a fatwa condemning intra-Muslim violence, killing 14 and injuring at least 20.

On November 20, a suicide bombing at a wedding hall in Kabul killed at least 50 individuals and injured dozens more.  According to a government official, the attack was one of more deadly attacks in Kabul during the year, targeting a gathering of religious scholars.  No group claimed responsibility for the attack.

The Taliban continued to kill and threaten religious leaders with death for preaching messages contrary to the Taliban’s interpretation of Islam or its political agenda.  On May 26, the Taliban killed a prominent religious scholar in Bati Kot District, Nangarhar Province, whom it accused of spying for the government.  On June 5, local authorities said the Taliban killed a prominent religious scholar in Kandahar City.

In several cases, the responsibility for attacks on religious officials was unclear.  In these cases, although no individual or group claimed responsibility for the attacks, local authorities suspected the ISKP and less frequently, the Taliban were responsible.  On April 29, an IED explosion near a Sunni mosque killed five civilians in Jalalabad City, Nangarhar Province.  On June 6, armed men opened fire in a Sunni mosque during prayers, killing four civilians and injuring five others in Mandozai District, Khost Province.  No group claimed responsibility for the attack.  On November 24 in Kabul, two unidentified gunmen on a motorcycle killed Mawlawi Abdul Basir Haqqani, the head of Kabul’s Ulema Council.  Authorities detained two individuals.

On June 8, an IED killed religious scholars supportive of the government in Mehtarlam City, Laghman Province, killing three civilians and injuring 12 others.  On June 23, unidentified gunmen killed a Shia religious scholar in Herat.  On July 14, unidentified gunmen killed a progovernment imam in Farah City, Farah Province.

There continued to be reports of the Taliban and ISKP monitoring the social habits of local populations in areas under their control and imposing punishments on residents according to their respective interpretations of Islamic law.  On February 12, the Taliban stoned a man to death on charges of engaging in extramarital sex (zina) in the province of Sar-e Pul.  On March 18, the Taliban punished an 18-year-old male by cutting off his right hand and left leg on charges of robbery in Obe District, Herat Province.

On February 27, in Tangi Wazir, Nangarhar Province, the ISKP stoned to death a man accused of engaging in extramarital sexual relations.  The ISKP released a press statement stating the married man was stoned to death because he had illegal extramarital sexual relations.  In April the ISKP stoned to death a 60-year-old man accused of raping a woman in Darzab District, Jawzjan Province.   

There were reports of continued Taliban warnings to mullahs not to perform funeral prayers for government security officials.  As a result, according to MOHRA officials, imams continued to state they feared performing funeral rites for ANDSF and other government employees.  In July government officials confirmed media reports that officially registered imams in Samkani District, Paktiya Province, refused to perform funeral rites for ANDSF members to avoid being targeted by antigovernment elements in the area.  Local communities pointed out that inaction by Islamic clerics affected security force morale.  MOHRA also reported difficulty in staffing registered mosques in insecure areas because of Taliban threats.

According to some religious community leaders, some mullahs in unregistered mosques continued to preach in support of the Taliban or ISKP in their sermons.

There were continued reports of the Taliban and ISKP taking over schools in areas under their control and imposing their own curricula.

Section III. Status of Societal Respect for Religious Freedom

Since religion and ethnicity are often closely linked, it was often difficult to categorize many incidents as being solely based on religious identity.  Sikhs, Hindus, Christians, and other non-Muslim minorities reported continued harassment from Muslims, although Hindus and Sikhs stated they continued to be able to publicly practice their religions.  Members of the Hindu community continued to report they faced fewer cases of harassment, including verbal abuse, than Sikhs, which they ascribed to their lack of a distinctive male headdress.  Both groups attributed fewer cases of harassment of members of their communities to the decline in the Sikh and Hindu populations in the country.

Although in past years media reported cases of local religious leaders forcing young men to fast during Ramadan, there were no cases reported during the year.

Women of several different faiths, including Islam, continued to report harassment from local Muslim religious leaders over their attire.  As a result, the women said they continued to wear burqas in public in rural areas and in some districts of urban areas, including in Kabul, in contrast to other more secure, government-controlled areas where women said they felt comfortable without burqas.  Almost all women reported wearing some form of head covering.  Some women said they did so by personal choice, but many said they did so due to societal pressure and a desire to avoid harassment and increase their security in public.  MOHRA and the National Ulema Council both continued to state there was no official pressure on women regarding their attire.

Ahmadi Muslims continued to report verbal abuse on the street and harassment when neighbors or coworkers learned of their faith.  They said they also faced accusations of being “spies” for communicating with other Ahmadi Muslim community congregations abroad.  They said they did not proselytize due to fear of persecution.  Ahmadis maintained a place of worship but kept it unmarked, without minarets or other adornments identifying it as an Ahmadi Muslim community mosque.  Overall, Ahmadis reported the need to increasingly conceal their identity to avoid unwanted attention in public, or to depart the country permanently.

Christian representatives reported public opinion remained hostile toward converts to Christianity and to the idea of Christian proselytization.  They said Christians continued to worship alone or in small congregations in private homes due to fear of societal discrimination and persecution.  There continued to be no public Christian churches.

According to minority religious leaders, the decreasing numbers of Sikhs, Hindus, and other religious minorities had only a few places of worship.  According to the Sikh and Hindu Council, which advocates with the government on behalf of the Sikh and Hindu communities, there were 12 gurdwaras (Sikh temples) and four mandirs (Hindu temples) remaining in the country, compared with a combined total of 64 in the past.  Buddhist foreigners remained free to worship in Hindu temples.  Following past seizures of their places of worship by residents of Kandahar, Ghazni, Paktiya, and other provinces, the Hindu community had presented a list of its places of worship to MOHRA in 2016 in an effort to stop further seizures and to reclaim the land and buildings previously lost.  Members of the Hindu and Sikh communities said these problems were still unresolved at year’s end.

Community leaders said they perceived the large number of butchers selling beef near a Sikh temple in Kabul as a deliberate insult because neighbors were aware that Sikhs and Hindus do not eat beef for religious reasons.  Sikh and Hindu leaders also reported neighboring residents tended to place household trash in their temples of worship.  Although they filed official complaints to police, neither local authorities nor local imams took action to remedy the situation.

The government attempted to honor the Sikh and Hindu community following the July 1 suicide attack that killed several members of their community in Jalalabad by renaming the location of the attack as Daramsal, after the Sikh parliamentary candidate who died in the bombing.  Community leaders, however, said the government’s decision brought more unwanted attention and harassment to Hindus and Sikhs in the area.

According to members of the Sikh and Hindu communities, they continued to refuse to send their children to public schools due to harassment from other students, although there were only a few private school options available to them due to the decreasing sizes of the two communities and their members’ declining economic circumstances.  The Sikh and Hindu Council reported one school in Nangarhar and one school in Kabul remained operational.  Sikh and Hindu representatives, however, said these schools were still underequipped to teach students.

Sikh leaders continued to state the main cause of Hindu and Sikh emigration was a lack of employment opportunities; they said one factor impeding their access to employment was illiteracy.  Sikh leaders said many families in Kabul lived at community temples (gurdwaras and mandirs) because they could not afford permanent housing.  Both communities stated emigration would continue to increase as economic conditions worsened and security concerns increased.  Community leaders estimated between 500 to 600 Sikhs and Hindus had fled the country during the year to either India or Western countries.

Observers reported societal discrimination against the Shia minority by the Sunni majority continued to decline, although there were reports of discrimination in some localities, especially involving employment opportunities.  There were also instances, however, where Sunnis and Shia joined in prayer or to donate blood in the aftermath of terrorist attacks.  Shia clerics and NGOs reported instances of Sunni religious leaders openly condemning attacks against the Shia community and attending the funeral processions of Shia victims.

Media published reports of both Shia and Sunni leaders condemning particular secular events as contrary to Islam; however, there were no prominent reports of joint condemnations.

Kabul’s lone synagogue remained occupied by the last remaining Jew in the country, and a nearby Jewish cemetery was still utilized as an unofficial dump.  The lone Jew said he was able to perform all his religious rituals.  He said in the past Jews from international military forces and foreign embassies attended the synagogue but could no longer do so due to security concerns and threats.

Worship facilities for noncitizens of various faiths continued to be located at coalition military facilities and at embassies in Kabul.

Media continued to report efforts by local Muslim religious leaders to limit social activities they considered inconsistent with Islamic doctrine, such as education for females or female participation in sports.

According to media reports, the Ulema Council sought an expanded role in public life; on August 4, it announced plans to establish a special committee to oversee social reform to address government corruption and “moral corruption” deemed incompatible with the teachings of Islam.  Media reported that President Ghani and the public welcomed the council’s initiative to cooperate with the government in tackling government corruption.  Media outlets however, conveyed public concerns that the council’s social reform plans infringed on freedoms and rights provided under the country’s constitution, referring to the country’s past history of religious social repression under the Taliban regime.  According to religious community representatives, however, the council did not implement these plans during the year.  Early in the year, a video clip went viral on social media of a prominent mullah of a registered madrassah in Kabul, praising the Taliban and strongly criticizing the government for permitting the continued presence of international forces in the country.

NGOs reported Muslim residents remained suspicious of development assistance projects, which they often viewed as surreptitious efforts to advance Christianity or engage in proselytization.

Section IV. U.S. Government Policy and Engagement

In meetings with members of the president’s staff, ONSC, MOHRA, and the Ulema Council, U.S. embassy officials continued to promote religious tolerance and the need to enhance the government’s capacity to counter violent religious extremism.  Senior embassy officials met with government officials to emphasize the need to protect religious minorities.  The Ambassador met with leaders of the Sikh and Hindu communities to understand their relationship with the government and ability to practice their faith.  In October the Department of State Special Advisor for Religious Minorities visited the country and promoted religious tolerance in discussions with senior government officials, civil society, and members of the international community.

Embassy officials met with both government and religious officials to discuss the issue of ensuring madrassahs did not offer a curriculum encouraging religiously motivated violent extremism, which could encourage intolerance towards the country’s religious minorities.  The embassy continued to coordinate with the ONSC, as well as other governmental and nongovernmental stakeholders, to assist the ONSC in creating a national strategy to combat violent extremism and enhancing its relevance to promoting respect for religious diversity.

Embassy officials held regular meetings with leaders of major religious groups, imams, scholars, and NGOs to discuss ways to enhance religious tolerance and interreligious dialogue.  Embassy officials hosted iftars with government, civil society, and religious leaders during Ramadan to promote religious dialogue and tolerance.  During the month of Ramadan, embassy social media platforms shared information on Islam in America based on Department of State-created materials that profiled prominent Muslim-Americans and organizations.

The embassy hosted roundtables with researchers and religious scholars, including MOHRA representatives, to discuss the sources and means to counter violent religious extremism.  The embassy also facilitated and funded the coordination of research efforts on violent religious extremism, which included policies to foster intrafaith tolerance.

The embassy highlighted National Religious Freedom Day on July 16 and International Religious Freedom Day on October 27 through Twitter and Facebook posts, which featured a video on the lives of American Muslims exemplifying exemplified religious tolerance in the United States.

Vietnam

Executive Summary

The constitution states that all people have freedom of belief and religion.  The law provides for significant government control over religious practices and includes vague provisions that permit restrictions on religious freedom in the stated interest of national security and social unity.  The 2016 Law on Belief and Religion, which came into effect in January, maintains a multistage registration and recognition process for religious groups but shortens the time for recognition at the national or provincial level from 23 to five years.  It also specifies the right of recognized religious organizations to have legal personality.  Religious leaders, particularly those representing groups without recognition or certificates of registration, reported various forms of government harassment – including physical assaults, arrests, prosecutions, monitoring, travel restrictions, and property seizure or destruction – and denials or no response to requests for registration and/or other permissions.  For example, six independent Hoa Hao Buddhists were imprisoned in February on charges of “resisting persons in the performance of their official duties.”  There continued to be reports of severe harassment of religious adherents by authorities in the Central Highlands, specifically members of the Evangelical Church of Christ, and in the Northwest Highlands for H’mong Christians and Catholics, as well as for Catholic and Protestant groups in Nghe An Province.  Religious group adherents reported local or provincial authorities committed the majority of harassment incidents.  Members of recognized groups or those with certificates of registration were reportedly able to practice their beliefs with less government interference, although some recognized groups reported more difficulty gathering together in certain provinces, including the Evangelical Church of Vietnam (North) (ECVN) in Quang Binh, Bac Giang, Bac Ninh, Ha Giang, and Hoa Binh Provinces.  Others seeking to officially register their groups, including the United Presbyterian Church and the Vietnam Baptist Convention, also reported increased difficulty gathering in some provinces.  Members of religious groups said some local and provincial authorities used the local and national regulatory systems to slow, delegitimize, and suppress religious activities of groups that resisted close government management of their leadership, training programs, assemblies, and other activities.  The government registered two religious communities, the Vietnam Full Gospel Denomination and the Vietnam United Gospel Outreach Church, during the year.  Registration is the second step in the three-step process towards recognition and does not convey legal status.  For the first time since 1998, United Buddhist Church of Vietnam (UBCV) leader Thich Quang Do took up residence in a UBCV-affiliated pagoda.  The government also allowed renowned Buddhist leader Thich Nhat Hanh to return to the country.  Hanh resided at Tu Hieu Pagoda in Hue at year’s end, and adherents reported no difficulties visiting him.  Hanh also received diplomats and senior government leaders.

There were several reports of registered Cao Dai adherents preventing adherents of the unsanctioned Cao Dai from performing certain religious rituals.  There continued to be some incidents of harassment of Catholics by the progovernment Red Flag Association, although the group reportedly dissolved itself in March.

The Ambassador and senior embassy and consulate general officials urged authorities to allow all religious groups to operate freely, including the independent UBCV, Protestant and Catholic house churches, and independent and “pure” Hoa Hao and Cao Dai groups.  They sought greater freedom for recognized religious groups and urged an end to restrictions on and harassment of groups without recognition or registration.  The Ambassador, Consul General in Ho Chi Minh City, and senior embassy officers advocated for religious freedom in visits across the country, including to the Central Highlands.  The Ambassador and officials met regularly and maintained recurring contact with religious leaders across the country.  The U.S. Ambassador at Large for International Religious Freedom met with the chairman of the Government Committee on Religious Affairs in Washington, D.C. in July and raised concerns about implementation of the new law, the status of religious believers detained or imprisoned, and the situation of ethnic religious minority groups.  The Ambassador at Large and a senior official from the Bureau of Democracy Human Rights and Labor raised issues of religious freedom during the annual U.S.-Vietnam Human Rights Dialogue in Washington in May.

Section I. Religious Demography

The U.S. government estimates the total population at 97 million (July 2018 estimate).  According to statistics released by the Government Committee for Religious Affairs (CRA), 26.4 percent of the population is categorized as religious believers:  14.91 percent is Buddhist, 7.35 percent Roman Catholic, 1.09 percent Protestant, 1.16 percent Cao Dai, and 1.47 percent Hoa Hao Buddhist.  Within the Buddhist community, Mahayana Buddhism is the dominant affiliation of the Kinh (Viet) ethnic majority, while approximately 1.2 percent of the total population, almost all from the ethnic minority Khmer group, practices Theravada Buddhism.  Smaller religious groups that combined constitute less than 0.16 percent of the population include a devotional form of Hinduism, mostly practiced by an estimated 70,000 ethnic Cham in the south-central coastal area; approximately 80,000 Muslims scattered throughout the country (approximately 40 percent are Sunnis; the remaining 60 percent practice Bani Islam); an estimated 3,000 members of the Baha’i Faith; and approximately 1,000 members of The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ).  Religious groups originating within the country (Buu Son Ky Huong, Tu An Hieu Nghia, Minh Su Dao, Minh Ly Dao, Tinh Do Cu Si Phat Hoi, Phat Giao Hieu Nghia Ta Lon) comprise a total of 0.34 percent.  A small, mostly foreign, Jewish population resides in Hanoi and Ho Chi Minh City.

Other citizens say they have no religious affiliation, or practice animism or the veneration of ancestors, tutelary and protective saints, national heroes, or local, respected persons.  Many individuals blend traditional practices with religious teachings, particularly Buddhism and Christianity.

Ethnic minorities constitute approximately 14 percent of the population.  Based on adherents’ estimates, two-thirds of Protestants are members of ethnic minorities, including groups in the Northwest Highlands (H’mong, Dzao, Thai, and others) and in the Central Highlands (Ede, Jarai, Sedang, and M’nong, among others, including groups referred to as Montagnards).  The Khmer Krom ethnic group overwhelmingly practices Theravada Buddhism.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states that all individuals have the right to freedom of belief and religion, including the freedom to follow no religion.  The constitution acknowledges the right to freedom of religion or belief of those whose rights are limited, including inmates or any foreigners and stateless persons.  The constitution states all religions are equal before the law and the state must respect and protect freedom of belief and religion.  The constitution prohibits citizens from violating the freedom of belief and religion or taking advantage of a belief or religion in order to violate the law.

The Law on Belief and Religion and implementing Decree 162, which came into effect on January 1, serve as the primary documents governing religious groups and their activities.  At year’s end, a decree prescribing penalties for noncompliance with the new law had yet to be finalized.  The law reiterates citizens’ rights to freedom of belief and religion and that individuals may not use the right of belief and religious freedom to undermine peace, national independence, and unification; incite violence or propagate wars; proselytize in contravention of the state’s laws and policies; divide people, nationalities, or religions; cause public disorder; infringe upon the life, health, dignity, honor and/or property of others; impede the exercise of civic rights and performance of civic obligations; or conduct superstitious activities or otherwise violate the law.

The government recognizes 38 religious organizations and one dharma practice (a set of spiritual practices) that affiliate with 15 distinct religious traditions as defined by the government.  The 15 religious traditions are:  Buddhism, Islam, Baha’i, Catholicism, Protestantism, Church of Jesus Christ, Hoa Hao Buddhism, Cao Dai, Buu Son Ky Huong, Tinh Do Cu Si Phat Hoi, Tu An Hieu Nghia, Phat Duong Nam Tong Minh Su Dao, Minh Ly Dao Tam Tong Mieu, Khmer Brahmanism, and Hieu Nghia Ta Lon Buddhism.  Distinct denominations within these religious traditions must seek their own registration and/or recognition.  Three additional groups – the Assemblies of God, Ta Lon Dutiful and Loyal Buddhism, and Vietnam Full Gospel Church – have “registration for religious operation” but are not recognized as official organizations.

The law provides for government control over religious practices and permits restrictions on religious freedom in the interest of “national security” and “social unity.”

The new law reduced the waiting period for a religious group, and its affiliate group or groups, to obtain recognition from 23 years to five years and for the first time specifies that recognized religious organizations and their affiliates are noncommercial legal entities.  The law also specifies that religious organizations be allowed to conduct educational, health, social protection, charitable, and humanitarian activities in accordance with the relevant laws, but it does not specify which law prevails in instances in which the law may contradict other laws, or where other laws do not have clear provisions, such as the Law on Education.

The CRA is responsible for implementing religious laws and decrees, and it maintains offices at the central, provincial, and, in some areas, district level.  The law lays out specific responsibilities for central-, provincial-, and local-level CRA offices and delegates certain religion-related management tasks to provincial- and local-level people’s committees (i.e., local leaders).  The central-level CRA is charged with disseminating information to authorities and assuring uniform compliance with the legal framework on religion at the provincial, district, commune, and village levels.

By law, forcing others to follow or renounce a religion or belief is prohibited.

The law requires “religious practices” to register with communal authorities where the “lawful premises for the religious practice is based” and prescribes two stages of institutionalization for religious organizations seeking to gather at a specified location to “practice worship rituals, pray, or express their religious faith.”  The first stage is “registration for religious operation” with the provincial- or national-level CRA, depending on the geographic extent of the group’s activities.  A registration for religious operation allows the group to organize religious ceremonies and religious practice; preach and conduct religious classes at approved locations; elect, appoint, or designate functionaries; repair or renovate the headquarters; engage in charitable or humanitarian activities; and organize congresses to approve its charter.  To obtain this registration, the group must submit a detailed application package with information about its doctrine, history, bylaws, leaders, and members and proof it has a legal meeting location.  The relevant provincial CRA office or the Ministry of Home Affairs (MHA), depending on whether the group in question is operating in one or more provinces, is responsible for approving a valid application for registration within 60 days of receipt.  The relevant provincial CRA office or the MHA is required to provide any rejection in writing.

The second stage of institutionalization is recognition.  A religious group may apply for recognition after it has operated continuously for at least five years since the date of receiving the “registration for religious operation.”  The religious group is required to have a legal charter and bylaws, leaders in good standing without criminal records, and to have managed assets and conducted transactions autonomously.  To obtain such recognition, the group must submit a detailed application package to the provincial or national level CRA, depending on the geographic extent of the organization.  The application dossier must include a written request specifying the group’s structure, membership, geographical scope of operation and headquarters location; summary of history, dogmas, canon laws and rites; list and resumes, judicial records, and summary of religious activities of the organization’s representative and tentative leaders; charter; declaration of the organization’s lawful assets; and proof of lawful premises to serve as a headquarters.  The relevant provincial people’s committee or the MHA is responsible for approving a valid application for recognition within 60 days of receipt.  The relevant provincial people’s committee or MHA is required to provide any rejection in writing.  Recognition allows the religious group to conduct religious activities in accordance with the religious organization’s charter; organize religious practice; publish religious texts, books, and other publications; produce, export, and import religious cultural products and religious articles; renovate, upgrade, or construct new religious establishments; and receive lawful donations from domestic and foreign sources, among other rights.

The law states that religious organizations and their affiliates, clergy, and believers have the right to file complaints or civil and administrative lawsuits, or make formal complaints about government officials or agencies (denunciations) under the relevant laws and decrees.  The law also states that organizations and individuals have the right to bring civil lawsuits in court regarding the actions of religious groups or believers.  There were no specific analogous provisions in the previous laws.

The law provides a separate process for unregistered, unrecognized religious organizations or groups of individuals to receive permission for specific religious activities by submitting an application package to the commune-level people’s committee.  Current regulations require the people’s committee to respond in writing to such an application within 20 working days of receipt.  The law specifies that a wide variety of religious activities require advance approval or registration from the authorities at the central and/or local levels.  These activities include “belief activities” (defined as traditional communal practices related to ancestor, hero, or folk worship); “belief festivals” being held for the first time; the establishment, split, or merger of religious affiliates; the ordination, appointment, or assignment of religious administrators (or clergy with administrative authority); establishment of a religious training facility; conducting religious training classes; holding major religious congresses; organizing religious events, preaching or evangelizing outside of approved locations; traveling abroad to conduct religious activities or training; and joining a foreign religious organization.

Certain religious activities do not require advance approval, but instead require notification to the appropriate authorities.  Activities requiring notification include recurring or periodic “belief festivals”; dismissal of clergy; conducting fundraising activities; notification of enrollment figures at a seminary or religious school; the repair or renovation of religious facilities not considered cultural-historical relics; ordination, appointment, or assignment of religious clergy (such as monks); transfers or dismissals of religious administrators (or clergy with administrative authority); conducting operations at an approved religious training facility; routine religious activities (defined as “religious preaching, practicing religious tenets and rites, and management of a religious organization”); and internal conferences of a religious organization.

The law provides prisoners access to religious materials, with conditions, while in detention.  It reserves authority for the government to restrict the “assurance” of that right.  Decree 162 states detainees may use religious documents that are legally published and circulated, in line with legal provisions on custody, detention, prison, or other types of confinement.  This use and/or practice must not affect rights to belief/religion or nonbelief/religion of others or go against relevant laws.  The decree states the Ministry of Public Security, Ministry of Defense, and Ministry of Labor, Invalids, and Social Affairs shall be responsible for providing guidelines on the management of religious documents, and the time and venue for the use of these documents.

The law specifies that religious organizations must follow numerous other laws for certain activities.  Religious organizations are allowed to conduct educational, health, charitable, and humanitarian activities in accordance with the relevant laws, but the law does not provide clarification as to which activities are permitted.  In addition, construction or renovation of religious facilities must be undertaken in accordance with relevant laws and regulations on construction and foreigners participating in religious activities must abide by immigration law.

The law states that publishing, producing, exporting, or importing religious texts must be in accordance with laws and regulations related to publishing.  Publishing legislation requires all publishers be licensed public entities or state-owned enterprises.  Publishers must receive prior government approval to publish all documents, including religious texts.  By decree, only the Religious Publishing House may publish religious books.  Any bookstore may sell legally published religious texts and other religious materials.

The constitution states the government owns and manages all land on behalf of the people.  According to the law, land use by religious organizations must conform to the land law and its related decrees.  The land law recognizes that licensed religious institutions and schools may acquire land-use rights and be allocated or leased land.  The law specifies religious institutions are eligible for state compensation if their land is seized under eminent domain.  The law allows provincial-level people’s committees to seize land via eminent domain in order to facilitate the construction of religious facilities.

Under the law, provincial-level people’s committees may grant land-use certificates for a “long and stable term” to religious institutions if they have permission to operate, the land is dispute-free, and the land was not acquired via transfer or donation after July 1, 2004.  Religious institutions are not permitted to exchange, transfer, lease, donate, or mortgage their land-use rights.  In land disputes involving a religious institution, the chairperson of the provincial-level people’s committee has authority to settle disputes.  Those who disagree with the chairperson’s decision may appeal to the minister of natural resources and environment or file a lawsuit in court.

In practice, if a religious organization has not obtained recognition, members of the congregation may acquire a land-use title individually, but not corporately as a religious establishment.

The renovation or upgrade of facilities owned by religious groups also requires notification to authorities, although it does not necessarily require a permit, depending on the extent of the renovation.

The government does not permit religious instruction in public and private schools.  Private schools are required to follow a government-approved curriculum, which does not allow for religious instruction.  The government does not permit religious groups to run private schools; however, some religious groups, such as Catholics and Buddhists, run kindergartens, and some Christian churches have seminaries.

The law no longer requires individuals to specify their religious affiliation on national identification cards.

There are separate provisions of the law for foreigners legally residing in the country to request permission to conduct religious activities, teach, attend local religious training, or preach in local religious institutions.  The law requires religious organizations or citizens to receive government permission in advance of hosting or conducting any religious activities involving foreign organizations, foreign individuals, or travel abroad.  Current regulations also contain requirements for foreigners conducting religious activities within the country, including those involved in religious training, ordination, and leadership, to seek permission for their activities.

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

Government Practices

On February 9, a court in An Giang Province sentenced six independent Hoa Hao Buddhists – Bui Van Trung, Bui Van Tham, Nguyen Hoang Nam, Le Thi Hong Hanh, Le Thi Hen, and Bui Thi Bich Tuyen – to two to six years in prison on charges of “resisting persons in the performance of their official duties.”  Bui Van Trung was additionally charged with “causing public disorder.”  Le Thi Hen’s sentence was later suspended due to health concerns, and authorities had not yet forced Bui Thi Bich Tuyen to report to prison.  According to the indictment by the People’s Procuracy of An Phu District in November 2017, the defendants “disturbed the public order and impacted the safety and order of the traffic, causing a traffic jam on national route 91C by hindering, obstructing, pushing, and screaming to provoke and denounce transportation police.”  According to Radio Free Asia, the basis of the charges against Trung was that in April 2017 family members and friends attempted to hold an unregistered death anniversary commemoration in Trung’s home prayer hall.

On April 5, a court in Hanoi sentenced independent Hoa Hao follower and religious freedom and human rights activist Nguyen Bac Truyen and Protestant Pastor Nguyen Trung Ton to 11 years and 12 years in prison, respectively, for “carrying out activities aimed at overthrowing the administration.”  Both had been associated with a group called the Brotherhood for Democracy and were tried with several other prominent human rights activists.  Truyen ran the Vietnamese Political and Religious Prisoners Friendship Association and, among other activities, advocated for the rights of independent and unregistered Hoa Hao followers.  Ton was a long-time advocate for human rights and religious freedom.  He had been a member of Interfaith Council in Ho Chi Minh City, a group composed predominately of representatives of unregistered religions.

The family members of Ma Seo Sung, a H’mong Protestant man who died in police custody in 2017, were forced by local authorities to leave their homes during the year after repeated harassment, including threats of arrest, from local authorities in Buon Ma Thuot, Dak Lak Province, after they publicized details of Ma Seo Sung’s death, according to individuals close to the family.  The family said commune police arrested Ma Seo Sung in 2017 under suspicion of “searching for a new Christian homeland.”

On April 12, a court in Thai Nguyen Province sentenced four Falun Gong practitioners to a total of nine years’ imprisonment for theft.  According to independent media, local authorities confiscated their assets (including drums, loudspeakers, and drumsticks) when they practiced spiritual exercises in a park.  Subsequently, the four practitioners reportedly came to the authorities’ office and took back their assets without consent.

Many independent and unsanctioned religious leaders who participated in the 2018 Southeast Asia Freedom of Religion or Belief Conference in Thailand reported they faced harassment upon their return to Vietnam, including Chang A Do, a local leader and member of the Evangelical Church of Vietnam who was harassed and threatened with arrest in October by Communist Party representatives from the central and local governments, and by police and plainclothes individuals in Doan Ket Village, Dak Ngo Commune, Tuy Duc District, Dak Nong Province, according to a nongovernmental organization (NGO).  Government officials also prevented several from leaving the country to attend the event.

On October 3 and 4, commune and district police in Krong Pac District, Dak Lak Province, convened a public denunciation of Ksor Sun, Pastor Y Nuen Ayun, and Y Jon Ayun, all members of the Evangelical Church of Christ, according to an NGO.  Police accused the individuals of going against the government and the Communist Party of Vietnam.  Police reportedly said these individuals should be sentenced to up to 20 years in prison, and if they wanted to remain in the community, they must leave the Church of Christ.

In June staff working for the warden of Gia Trung Prison, Mang Yang District, Gia Lai Province, beat Pastor A Dao of the Evangelical Church of Christ, who advocated for religious freedom for his fellow church members in the Central Highlands, according to an NGO report.

Members of various ethnic minority groups in the Central Highlands collectively known as Montagnards stated government officials continued to assault, monitor, interrogate, arbitrarily arrest, and discriminate against them, in part because of their religious practices.  Officials stated that “Degar” Christians incited violent separatism by ethnic minorities in the Central Highlands from 2001 through 2008.  State-run media published articles cautioning individuals that Degar Protestantism aimed to undertake antigovernment activities.

In some cases, Montagnards stated ongoing social and religious persecution drove them to flee to Cambodia and Thailand, where some sought asylum.  Several such asylum seekers in Thailand reported local-level (communal) Vietnamese authorities continued to harass them remotely, through social media and by harassing, intimidating, and in some cases threatening and physically assaulting family members back home.

In Song Ngoc Catholic parish, Vinh Diocese, Nghe An Province, there were multiple incidents of plainclothes individuals harassing parishioners and priests, assaulting parishioners, and damaging church property and the property of parishioners, according to Catholic representatives and NGOs.

In April plainclothes individuals assaulted parishioners of Dong Kieu parish at Dien My Commune, Nghe An Province, according to Catholic representatives and NGOs.

On December 25, police from Nan San Commune, Si Ma Cai District, Lao Cai Province in the Northwest Highlands, reportedly stopped a Christmas celebration of the H’mong Gospel Missionary Church and assaulted adherent Hang Seo Pao for holding an unsanctioned gathering.  Church members said they had applied to local authorities for permission to hold the gathering but were denied.

Throughout the year, local authorities in Trung Lap Ha Commune, Cu Chi District, Ho Chi Minh City, told members of the UBCV Lien Tri home pagoda to stop praying and to remove all banners and UBCV Buddhist flags.  The authorities said persons attending the ceremony could continue to gather but could not give offerings, pray, or administer rituals, as their location was unregistered.  According to one adherent, in August and September plainclothes police surveilled the pagoda and prevented monks from leaving.

A senior pastor of an unregistered Protestant church reported that local authorities did not allow his organization to organize summer camps for children in the Central Highlands and Northern Highlands and asked some members not to worship in Quang Ngai, Ninh Thuan, Dak Lak, and Dak Nong Provinces.

Members of the military were not permitted to read the Bible or practice religious rites at any time while on active duty; they had to take personal leave to conduct such activities, religious freedom experts reported.  The Association for the Protection of Freedom of Religion reportedly sent a petition to the government in 2015 requesting soldiers be allowed to attend church while on duty; however, the association still had yet to receive a response.  There were no clear regulations for religious expression in the military, with individual unit commanders having significant discretion, experts reported.

Authorities continued to deny some prisoners and detainees the right to religious practice.  Officers at the Nam Ha detention facility, Phu Ly District, Ha Nam Province, continued to refuse to allow a priest to visit Catholic prisoner Ho Duc Hoa, according to Hoa’s family.  Prison authorities stated this was due to the lack of appropriate facilities inside the prison for the priest to perform services.  Other prisoners continued to report they were allowed to read the Bible or other religious materials and practice their beliefs while incarcerated.  According to an NGO, independent Hoa Hao adherent Bui Van Trung was able to have a censored version of the Hoa Hao scripture in prison.

Registered Protestant, Buddhist, and Cao Dai leaders reportedly did not face the same difficulties as independent or unregistered Protestant, Buddhist, and Cao Dai leaders.  Media carried reports of registered religious groups celebrating festivals without impediment.

On December 18, Joseph Vu Van Thien was installed as the new Archbishop of Hanoi at a ceremony attended by Catholic leaders from Vietnam and the Vatican and by members of the diplomatic corps.  The prime minister also received a high-level Vatican delegation on December 18.

On September 24, local and central authorities permitted a Cao Dai festival commemorating the Holy Goddess Mother to be held at the Cao Dai Holy See.  The festival drew the participation of hundreds of thousands of adherents and pilgrims, including foreign religious representatives, foreign diplomats, and international academia.  Senior officials of Tay Ninh Province and the CRA also attended the festival.

The government stated it continued to monitor the activities of certain religious groups because of their political activism and invoked national security and solidarity provisions in the constitution and penal code to override laws and regulations providing for religious freedom.  For example, the government impeded some religious gatherings and blocked attempts by religious groups to proselytize certain ethnic groups in border regions deemed sensitive, including the Central Highlands, Northwest Highlands, and certain Mekong Delta provinces.

Government treatment of foreigners seeking to worship or proselytize varied in practice from locality to locality.  Foreigners were generally able to meet and conduct services.  Municipal officials allowed multiple foreign religious congregations to meet.  Some foreign religious congregations said they could conduct charitable activities with tacit, but not official, permission.

State-run media and progovernment websites sometimes equated particular Christian denominations and other religious groups with separatist movements, blaming them for political, economic, and social problems, particularly in remote areas in the Northwest and Central Highlands where there was a high concentration of ethnic minorities.  Progovernment websites repeatedly accused these groups of being “cover” for or “tools” of “hostile forces to act against the state,” “disrupt the great solidarity” or “destroy the [Vietnamese] culture” and warned the public not to be “fooled.”  Many progovernment websites and blogs criticized various religious groups and believers who were critical of the authorities or engaged in any activities that the authorities deemed sensitive, including protests against China, the cybersecurity law, land confiscation, or various social and economic issues.  Groups attracting the most vociferous criticism on these sites included priests and Catholics in the central part of the country, particularly in Nghe An Province, Falun Gong practitioners, and Protestants in the Central Highlands.

Catholic priests in the central part of the country continued to help organize a series of demonstrations calling for stronger environmental protection.  Many Catholic churches in these provinces held demonstrations in June to protest draft laws on special administrative economic zones and a new restrictive cybersecurity law.  Priests continued to assist parishioners in filing complaints and lawsuits against the government for financial compensation for losses suffered in the aftermath of a 2016 industrial disaster in the region.  State-run media and progovernment blogs continued to publish material defaming priests who assisted activists and victims of the 2016 Formosa incident in which a steel mill discharged toxic waste into the sea, leading to a massive fish kill in the central part of the country.  Priests who helped victims were reportedly pressured by authorities to leave their parishes.  In February the Bishop of Vinh Diocese transferred Father Dang Huu Nam, who had served in Phu Yen Parish near the steel mill for three years.  State-run media quoted the bishop as saying he was not pressured to make this decision.

Progovernment blogs published multiple articles criticizing Catholic priests and parishioners who were vocal in their opposition to the government on a variety of issues, including a cybersecurity law that human rights groups and others said could lead to violations of freedom of expression and other human rights, accusing them of receiving money from and “colluding with hostile forces with the purpose of inciting public disorder and acting against the Communist Party and State.”

In August police and local authorities in Hue surrounded the local UBCV temple and reportedly harassed, intimidated, and intercepted members of the Buddhist Youth Movement as they organized the movement’s annual summer camp.

Multiple Buddhist clergy of the recognized Vietnam Buddhist Sangha who supported land rights activists or were outspoken about suspected corruption within the organization reported local authorities continued to harass them and members of their pagodas, including in Bac Giang Province and in Hanoi.  They said harassment included intimidation of monks and nuns, expulsion by force of clergy from their buildings, suspected plainclothes police breaking into religious buildings, the destruction of pagoda property, and theft of cash donations from villagers.  Central government authorities agreed to allow at least one of these individuals, a Sangha nun, to return to her pagoda if she ceased petitioning the government.

In November UBCV Supreme Patriarch Thich Quang Do stated he left the government-sanctioned Thanh Minh Monastery in Phu Nhuan District, Ho Chi Minh City, of his own accord to travel to his home province to bless a pagoda for his family.  Do subsequently returned to Ho Chi Minh City and took up residence in the UBCV-affiliated Tu Hieu Pagoda, the first time he had been able to live in a UBCV pagoda since 1998.  Earlier reports, primarily on social media, said Do’s superior monk, Thich Thanh Minh, had been pressured by authorities and asked Do to leave because his presence caused political and economic problems for the monastery.

Other UBCV leaders stated the government continued to monitor their activities and restrict their movements, although they were able to meet with some foreign diplomats, visit other UBCV members, and maintain contact with associates overseas.  General Secretary Le Cong Cau of the UBCV reported local police closely watched him and prevented him from traveling outside Hue.

Throughout the year, Falun Gong practitioners reported harassment by authorities in numerous provinces and cities, including Cao Bang, Lang Son, Son La, Nghe An, Hue, Lam Dong, Dong Thap, Ca Mau, Ho Chi Minh City, Nha Trang, Quang Ngai, Hue, and Hanoi.  Harassment included local authorities asking them to leave the parks where practitioners had gathered and other public spaces, where individuals were blaring loud music and throwing items such as fermented fish sauce on practitioners.

State media reported authorities at different levels in the Northwest Highlands, including Cao Bang, Tuyen Quang, Bac Can, and Thai Nguyen Provinces, continued to state the Duong Van Minh religious group was a threat to national security, political stability, and social order.  Authorities said eliminating membership in the group was a priority.  During the year, authorities in Cao Bang, Tuyen Quang, and Bac Can collectively reportedly destroyed 38 structures used to store funerary objects used by the Duong Van Minh group and burned the funerary objects inside.  Authorities in these provinces and Thai Nguyen also reportedly encouraged schoolchildren not to follow the Duong Van Minh religion.

Throughout the year, there were numerous reports of harassment of H’mong Protestants in the Northwest and Central Highlands.  Local officials in several provinces in the Central Highlands, including Doan Ket Village, Dak Ngo Commune, Tuy Duc District, Dak Nong Province, denied household registration, which is necessary for all Vietnamese citizens, to approximately 700 H’mong Christian individuals who had migrated there in recent years, according to an NGO and H’mong Protestant sources.  As a result, many of their children were unable to go to school.

Some registered and unregistered Protestant groups continued to report local authorities, particularly in the Central Highlands, pressured newer congregations to affiliate with older, well-established congregations.  Pastors said this practice was widespread in ethnic minority villages in Gia Lai and Kon Tum Provinces.  Authorities reportedly also pressured smaller Southern Evangelical Church of Vietnam (SECV) congregations, some with as many as 100 followers, to combine into larger groups of up to 1,500 in order to be registered.  Church leaders again stated such requests were unreasonable, saying many of the congregations were composed of a variety of ethnic minority groups with different languages and incongruent worship practices.  Mountainous terrain and lack of infrastructure in the rural highlands prevented other SECV churches from sustaining the required minimum number of followers necessary to qualify for local registration.

Religious leaders expressed mixed views on the new Law on Belief and Religion.  Some religious groups and experts continued to state the new law was a step forward in certain areas for religious freedom, including the reduced registration/recognition time and granting legal personality to religious groups.  Some religious groups and experts expressed concern that a more precise legal approach and registration process could make the operations of religious groups – including registration of meeting points and clergy, expansion, and proselytization – more difficult.  Religious leaders and experts continued to emphasize that the two implementing decrees, one still in draft form, and actual implementation of the law, particularly at the local level, would be critical, and expressed frustration at the uneven implementation to date.

The government organized multiple conferences and training sessions on the new law throughout the year at the local, provincial, and national levels, including a public presentation in May for Hanoi-based diplomats and government implementers.  Religious leaders in remote areas of An Giang Province stated they had received training on the new law and that it had been translated into local languages.  Religious leaders continued to note existing laws and regulations on education, health, publishing, and construction were restrictive toward religious groups and would need to be revised to allow religious groups greater freedom to conduct such activities in practice.

Religious leaders and academics said the new law continued to enshrine in the country’s legal framework significant restrictions and bureaucratic controls over religious activity.  Many religious leaders expressed concern the law continued to give significant discretion to the government regarding approving or denying various types of applications.  Some observers continued to say the new law was not in place to protect religious freedom but rather to serve and cater to the rules of the Communist Party.  Groups also stated the law should allow religious organizations to conduct activities without the need for government approvals.

Registered and unregistered religious groups continued to state government agencies sometimes did not respond to registration applications or approval requests for religious activities within the stipulated time period, if at all, and often did not specify reasons for refusals.  Some groups reported they successfully appealed local decisions to higher-level authorities through informal channels.  Several religious leaders reported authorities sometimes asked for bribes to facilitate approvals.  Authorities attributed the delays and denials to the failure of applicants to complete forms correctly or provide complete information.  Religious groups said the process to register groups or notify activities in new locations was particularly difficult.

Churches affiliated with the ECVN had difficulty registering with local authorities in Quang Binh, Bac Giang, Bac Ninh, and Hoa Binh Provinces.  The ECVN stated that more than 1,000 affiliates and a total of 500 of its meeting points were recognized, although there were many more it wished to register.  Church leaders said that local authorities permitted individuals to gather without incident at unregistered meeting points in numerous provinces.  Numbers were not available for the south.

Local authorities continued to cite general security concerns, such as political destabilization or potential conflict between followers of established ethnic or traditional religious beliefs and newly introduced Christian beliefs, as reasons to deny approval.

According to many Catholic bishops, parishes in remote areas or with majority ethnic minority populations continued to face difficulty registering with provincial authorities, uneven and inconsistent enforcement of national laws, and a lack of accountability on the part of provincial authorities.  Catholic leaders again stated the most problematic regions were in the Central Highlands (Gia Lai, Dak Lak, Dak Nong, Kon Tum, and Lam Dong Provinces), and the Northwest Highlands, including Hoa Binh, Son La, Dien Bien, Lai Chau, Lao Cai, and Yen Bai.

Hoa Binh authorities continued to deny Luong Son parish’s application to become a parish-affiliate of Hoa Binh Diocese and did not respond to a similar request from Vu Ban parish, Catholic representatives reported.  Authorities said the Long Son application was not complete and Vu Ban was a new parish, which the Church continued to dispute, according to Catholic authorities.

Some Buddhist, Protestant, and Cao Dai groups chose not to affiliate with any government-recognized or government-registered religious organizations, nor did they seek their own registration or recognition.  Unregistered Buddhist, Cao Dai, and Christian religious groups, including members of the Interfaith Council, continued to regularly report some provincial authorities used local registration laws as a pretext to pressure, intimidate, threaten, extort, harass, and assault them, and discouraged their members’ participation in the groups.

On November 9, plainclothes police in Lam Dong reportedly set fire to a storage room at the coffee plantation of Hua Phi, an unregistered Cao Dai master, the day after he met with foreign diplomats in Ho Chi Minh City.  The storage room was completely destroyed, but no casualties were reported.

On September 11, the CRA granted a “certificate of registration for religious activities” to Vietnam Full Gospel Denomination at a ceremony in Ho Chi Minh City.  On December 14, the CRA granted a “certificate of registration for religious activities” to the Vietnam United Gospel Outreach Church, also in Ho Chi Minh City.

The ECVN and the unregistered Vietnam Baptist Convention both reported increased difficulty gathering in well-established meeting points during the year, including in Bac Giang and Thanh Hoa Provinces.  In their rejections of applications and disruptions of religious services, local authorities noted that they viewed prior gatherings as illegal and explained the meeting points had not fulfilled requirements for organizing and conducting religious gatherings.  For example, they had “no legal representatives who coordinate with the authorities in exercising the state management of religious activities in line with the law” or failed “to meet order and safety requirements.”

Throughout the year, independent Hoa Hao followers and activists reported local authorities, police, and suspected plainclothes police in several provinces, including An Giang, Vinh Long, and Dong Thap, and in Can Tho City established checkpoints to monitor and prevent them from travelling to the unregistered Quang Minh Pagoda, to participate in a major religious commemoration.  Local authorities reportedly said the government would not allow Hoa Hao followers to commemorate anniversaries related to the life of Prophet Huynh Phu So.

On April 18, public security officials in Ko M’Leo Hamlet, Hoa Thang Commune, Buon Ma Thuot City, Dak Lak Province, came to a house church of the unregistered Evangelical Church of Christ, interrogated adherents about their religious activities, and told them not to worship in a group or teach the Bible because the church was not registered, according to an NGO.  On April 27, public security officials in Ea Yong A Hamlet, Ea Yong Commune, Krong Pac District, Dak Lak Province, reportedly “invited” a churchgoer to the ward official’s office for interrogation on his religious activities and the unregistered Evangelical Church of Christ.  The officials forbade him to worship at home, attend services of the Evangelical Church of Christ, or attend other unregistered Protestant churches.  During May and June public security officials in Tot Bioch Village, Chu Se Town, Gia Lai Province, and in Buon Ho Town, Dak Lak Province, monitored suspected evangelical Christians, interrogated them about their religious activities, and told them to recant their faith, according to an NGO.

Leaders and members of unregistered congregations reported police harassment, such as being detained for questioning, undergoing increased surveillance, and having their cell phones and Bibles confiscated.  There were reports of severe harassment in Dak Lak, Kon Tum, Gia Lai, Binh Phuoc, Tra Vinh, and Phu Yen Provinces, among others.

In Muong Khuong District, Lao Cai Province, local authorities continued to prevent Catholic priests from conducting services in certain areas.  A priest stated that authorities targeted him and his parishioners on July 31 after they visited parishioners in Cao Son and La Pan Tan Village at unregistered meeting points.  Before the visit, the priest said he filed a registration request with the local authorities but received no response.

Although the law prohibits publishing of all materials, including religious materials, without government approval, in practice some private, unlicensed publishing houses continued to unofficially print and distribute religious texts without active government interference.  Other licensed publishers printed books on religion.  Publishers had permission to print the Bible in Vietnamese and a number of other languages, including Chinese, Ede, Jarai, Banar, M’nong, H’mong, C’ho, and English.  Other published texts included, but were not limited to, works pertaining to ancestor worship, Buddhism, Christianity, Islam, and Cao Dai.

On March 2, authorities permitted a showing of the film “Walk With Me,” a documentary on the doctrine of Zen Buddhism master Thich Nhat Hanh.  The film was reportedly shown in more than 60 theaters throughout the country.

Some Protestant church leaders, Montagnards, and followers of Duong Van Minh stated that local authorities seized their land or property partly due to their religious beliefs or that they received less compensation for seized land than others not affiliated with these groups.  Provincial authorities routinely dispersed religious gatherings and directed officials to organize public renunciations of Degar Christianity or other “unauthorized Christian beliefs” among ethnic minority communities.

In July 2017, the Thua-Thien Hue Provincial People’s Committee met representatives of the Thien An Monastery and Catholic Archdiocese of Hue to try to resolve a nearly 20-year-old land dispute related to the Thien An Monastery.  At the end of the year, the dispute remained unresolved; both sides stated they welcomed the opportunity for dialogue.

During the year, Venerable Thich Khong Tanh and monks from the Lien Tri Pagoda, which district authorities in Ho Chi Minh City demolished in 2016, were still living at dispersed locations throughout the city.  Tanh reported local authorities refused to offer any site to rebuild the pagoda other than the one previously offered in the Cat Lai area of Ho Chi Minh City, which Tanh said he found inappropriate.

On November 9 in Da Nang City, Son Tra District authorities in Da Nang City demolished the unregistered An Cu house pagoda, affiliated with the UBCV, after three years of land-use negotiations failed.

Relocation discussions between authorities and leaders of the Dong Men Thanh Gia (Lovers of the Holy Cross) Thu Thiem Catholic Convent and Thu Thiem Catholic Church continued at year’s end.

On September 19, the Ho Chi Minh City Department of Natural Resources and Environment announced the city had granted land-use certificates to more than 800 religious entities consisting of a total area of more than 200 hectares (500 acres).  The city reportedly aimed to issue land-use certificates to all local religious groups by the end of 2019.  Local authorities granted the Kon Tum Archdiocese a land-use certificate during the year.

The government continued to restrict the number of students permitted to enroll in Catholic and Protestant seminaries.  The churches’ leadership said the numbers allowed were inadequate to meet demand.  ECVN leaders said 23 students graduated from their Bible school in the last five years.  The government continued to permit them to recruit new students every two years.

On December 17 in Ho Chi Minh City, the Vietnam Seventh-day Adventist Church organized the opening ceremony of its first domestic Christian Bible College.

Authorities permitted Catholic, Protestant, Muslim, Baha’i, and Buddhist groups to provide religious education to adherents in their own facilities, and religious leaders noted increased enrollment in recent years.  Students continued to participate in training sessions on fundamental Buddhist philosophy organized at pagodas nationwide during summer holidays.

Some religious leaders faced travel restrictions, and leaders and followers of certain religious groups faced restrictions on movement by government authorities.  On May 14, border guards in Bo Y Border Gate, Kon Tum Province, prohibited Catholic Redemptorist Father Dinh Huu Thoai from exiting the country without providing justification for his travel.

In January, February, and May, independent Cao Dai follower Hua Phi reported local authorities did not allow him to leave Lam Dong Province for travel to Ho Chi Minh City for medical treatment.  He said he was allowed to seek treatment later in the year.

During the year, authorities lifted travel restrictions on certain religious leaders.  Authorities again permitted Zen Master Thich Nhat Hanh to visit Danang and Hue, his second annual visit after a decade outside the country.  Hanh resided at Tu Hieu Pagoda in Hue at year’s end, and adherents reported no difficulties visiting him.

Protestant and Catholic groups continued to report that legal restrictions and lack of legal clarity on operating faith-based medical and educational facilities made them wary of attempting to open hospitals or parochial schools, despite government statements welcoming religious groups to expand participation in health, education, and charitable activities.  Catholic representatives said the government refused to return hospitals, clinics, and schools seized from the Catholic Church in past decades, although Catholic leaders noted modest progress with local authorities in land disputes around the country.  The majority of educational facilities owned and run by religious groups continued to be kindergartens and preschools.

In several cases, local authorities permitted religious organizations to operate social services and to gather for training.  For example, in Hanoi and surrounding areas, city officials continued to allow Protestant house churches to operate drug rehabilitation centers, and a church affiliated with the Full Gospel Church in Quoc Oai, a district of Hanoi, noted progress in dealing with local authorities and expanding drug treatment operations following authorities’ acceptance of the Full Gospel Church’s Registration of Religious Operation.  The registration had eased the affiliated church’s operations in areas outside Quoc Oai as well, according to the church leader.

Most representatives of religious groups continued to report adherence to a registered religious group generally did not seriously disadvantage individuals in nongovernmental civil, economic, and secular life, but that adherence to an unregistered group was more disadvantageous.  Practitioners of various registered religions served in local and provincial government positions and were represented in the National Assembly.  Many nationally recognized religious organizations, such as the Vietnam Buddhist Sangha, as well as other clergy and religious followers, were members of the Vietnam Fatherland Front, an umbrella group for government-affiliated organizations under the guidance of the Communist Party of Vietnam (CPV).  High-ranking government officials sent greetings and visited churches during Christmas and Easter and attended Vesak activities commemorating the birth of the Buddha.  The official resumes of the top three CPV leaders stated they followed no religion.

While Catholics and Protestants could serve in the enlisted ranks (including during temporary mandatory military service), commissioned officers were not permitted to be religious believers.  Religious adherents continued to be customarily excluded through the military recruitment process.

Section III. Status of Societal Respect for Religious Freedom

There were several reports of registered Cao Dai adherents preventing adherents of the unsanctioned Cao Dai from performing certain religious rituals.  Registered Cao Dai members prevented the family of unsanctioned Cao Dai adherent Le Van Nha from burying him in the Cuc Lac Thai Binh Cemetery on January 7, according to a report prepared by the unregistered Cao Dai.  Unregistered Cao Dai also accused the registered group of demolishing graves of unregistered Cao Dai in the Cuc Lac Thai Binh Cemetery.  The group also reported that in January registered Cao Dai adherents prevented an unregistered Cao Dai follower from conducting the ninth-day posthumous rites for her husband unless she used a clergy member from the registered group in Ninh Phuoc Village, Ninh Thanh Ward, Tay Ninh City, Tay Ninh Province.

There continued to be some incidents of harassment of Catholics by the progovernment Red Flag Association, although the group reportedly dissolved itself in March.  On February 23, social media carried reports that members of the Red Flag Association at an elementary school at Dien Doai Commune, Dien Chau District, Nghe An Province, intimidated and beat Catholic parents meeting with the school’s leadership to get more information about the expulsion of their children after they refused to pay additional school fees.

The Catholic Institute continued to meet at the Ho Chi Minh City Archdiocese’s Pastoral Center located next to the St. Joseph Grand Seminary, while discussing a suitable permanent location with the city government.  The current venue limited the institute’s ability to accept new students because it received more applications than it could accommodate in the space.

Section IV. U.S. Government Policy and Engagement

Representatives from the Embassy in Hanoi and the Consulate General in Ho Chi Minh City regularly raised concerns about religious freedom with a wide range of government officials and CPV leaders, including the president, prime minister, and senior officials in the Ministry of Foreign Affairs, the Ministry of Public Security, the CRA, and other offices in Hanoi, Ho Chi Minh City, and in various provinces and cities.  They stressed to government officials that progress on religious freedom and human rights was critical to an improved bilateral relationship.

The Ambassador and other officials at the embassy and consulate general urged authorities to allow all religious groups to operate freely, including the UBCV, Protestant and Catholic house churches, and independent Cao Dai and Hoa Hao groups; sought greater freedom for recognized and registered religious groups; advocated access to religious materials and clergy for those incarcerated; and urged an end to restrictions on unregistered groups.  Embassy and consulate general officials raised specific cases of abuse, as well as government harassment against Catholics, Protestant groups, the UBCV, independent Hoa Hao groups, and ethnic minority house churches, with the CRA, the Ministry of Foreign Affairs, and provincial- and local-level authorities.  U.S. government officials called for the increased registration of church congregations around the country and for improvement in registration policies to make them more uniform and transparent.  U.S. government officials also urged the government to resolve peacefully outstanding land-rights disputes with religious organizations.

The U.S. Ambassador at Large for International Religious Freedom met with the Chairman of the CRA in Washington, D.C. in July and raised concerns about implementation of the new law, the status of religious believers detained or imprisoned, and the situation of ethnic religious minority groups.  The Ambassador at Large and a senior official from the Department of State Bureau of Democracy, Human Rights, and Labor raised issues of religious freedom during the annual U.S. Vietnam Human Rights Dialogue in Washington.

Representatives of the Department of State Office of International Religious Freedom visited Vietnam in November and met with government officials from the MFA and the CRA as well as with registered and unregistered religious groups to discuss implementation of the Law on Belief and Religion and advocate for increased religious freedom, including allowing both registered and unregistered groups to exercise their rights freely, seeking accountability for reports of government harassment, and resolving lands-rights issues.

The Ambassador and embassy and consulate general officials met with religious leaders from both registered and unregistered religious groups and attended religious ceremonies to demonstrate support for religious freedom.  On December 11, the Ambassador and the Consul General visited Zen Master Thich Nhat Hanh in Tu Hieu Pagoda in Thua Thien, Hue.  On September 24, the Consul General addressed an estimated one hundred thousand attendees at the registered Cao Dai Holy Mother Goddess Festival in Tay Ninh Province and underscored the U.S. commitment to religious freedom.  Senior embassy and consulate officials at every level traveled throughout the country, including to the Northwest and Central Highlands, to monitor religious liberty and meet with religious leaders.  Representatives of the embassy and consulate general maintained frequent contact with many leaders of religious communities, including recognized, registered, and unregistered organizations.

West Bank and Gaza

Executive Summary

IN THIS SECTION: ISRAEL | WEST BANK AND GAZA (BELOW)


This section includes the West Bank and Gaza.  In December 2017, the United States recognized Jerusalem as the capital of Israel.  It is the position of the United States that the specific boundaries of Israeli sovereignty in Jerusalem are subject to final status negotiations between the parties.

The Palestinian Authority (PA) exercised varying degrees of authority in the West Bank and no authority over Jerusalem.  Although PA laws apply in the Gaza Strip, the PA did not have authority there, and Hamas continued to exercise de facto control over security and other matters.  The PA Basic Law, which serves as an interim constitution, establishes Islam as the official religion and states the principles of sharia shall be the main source of legislation, but provides for freedom of belief, worship, and the performance of religious rites unless they violate public order or morality.  It also proscribes discrimination based on religion, calls for respect of “all other divine religions,” and stipulates all citizens are equal before the law.  Violence between Palestinians and Israelis continued, primarily in the West Bank and the periphery of Gaza.  Continued travel restrictions impeded the movements of Muslims and Christians between the West Bank and Jerusalem.  Some official PA media channels, as well as social media accounts affiliated with the ruling Fatah political movement, featured content praising or condoning acts of violence, at times referring to assailants as “martyrs.”  Several local Fatah chapters on social media referred to individuals who had engaged in terrorist attacks as martyrs and posted memorials, including photographs of suicide bombers.  The Fatah branch in the city of Tubas and the Fatah youth organization posted a photograph in March celebrating a suicide bomber from the second Intifada who killed one Israeli and injured 90 others.  Anti-Semitic content also appeared in Fatah and PA-controlled media.  In October Palestinian authorities detained a Palestinian-U.S. citizen Jerusalem identification card holder, prosecuted him for possible involvement in sale of Palestinian-owned property to a Jewish Israeli group, and found him guilty of “seizing/tearing away part of the Palestinian Territories to a foreign state,” sentencing him to life in prison with hard labor.  In April the Palestinian Supreme Fatwa Council reiterated an Islamic legal ruling (fatwa) reemphasizing previous rulings that sale of Palestinian-owned lands, including in Jerusalem, to “enemies such as the state of Israel,” is forbidden to Muslims according to sharia.  According to media sources, the ruling considered the land to be Islamic public property and not personal private property, based on previous rulings by Palestinian and other Muslim religious legal scholars.  Palestinian officials also condemned the sale of Palestinian land to Jewish Israelis in nationalistic terms.  Palestinian leaders did not always publicly condemn individual terrorist attacks or speak out publicly against members of their institutions who advocated for violence.  PA President Mahmoud Abbas maintained a public commitment to nonviolence.  The PA and the Palestinian Liberation Organization (PLO) continued to provide “martyr payments” to the families of Palestinian individuals killed during the commission of a terrorist act.  The PA and PLO also continued to provide payments to Palestinians in Israeli prisons, including those convicted of acts of terrorism against Israelis.  President Abbas said he would use his last penny “on the families of the prisoners and martyrs.”  Following the September fatal stabbing of a Jewish settler in the West Bank by a Palestinian, President Abbas told Israeli government leaders that “everybody loses from violence.”  On April 30, however, President Abbas delivered a speech at a meeting of the Palestinian National Council, in which he said massacres of Jews, including the Holocaust, were related to their conduct in “social behavior, [charging] interest, and financial matters,” and not their religion.  He issued a statement on May 4 apologizing to those offended by the remarks, condemning anti-Semitism in all its forms, and called the Holocaust the most heinous crime in history.  Senior Israeli and Palestinian leaders condemned violent acts by Jewish individuals and groups against Palestinians, including property crimes.  The Israeli government arrested or detained alleged suspects in such attacks.  Local human rights groups and media stated that authorities rarely convicted alleged Israeli offenders.

Hamas, a U.S.-designated foreign terrorist organization with de facto control of Gaza, Palestinian Islamic Jihad (PIJ), and other extremist groups disseminated anti-Semitic materials and incited violence through traditional and social media channels, as well as during rallies and other events.  Hamas also continued to enforce restrictions on Gaza’s population based on its interpretation of Islam and sharia.

In some cases, perpetrators justified incidents of violence on religious grounds.  On January 9, a Palestinian shot and killed an Israeli rabbi at a traffic junction near the Israeli settlement outpost (a term used to describe a settlement that, under Israeli law, is illegal and unauthorized) of Havat Gilad, west of Nablus in the West Bank.  Israeli police opened an investigation into the death of Aysha al-Rabi, a Palestinian resident of the West Bank, killed October 12 when a thrown stone broke through her car windshield.  At year’s end, an Israeli police investigation continued into the possible involvement of yeshiva students from a nearby settlement.  On multiple occasions, Palestinians threw rocks at Jewish visitors to Joseph’s Tomb in Nablus.  Various Israeli and Palestinian groups opposed to interacting with members of other religions continued to protest against interfaith social and romantic relationships and other forms of cooperation.  Some Israeli settlers in the West Bank continued to justify their attacks on Palestinian property, or “price tag” attacks (violence by Jewish individuals and groups against non-Jewish individuals and property with the stated purpose of exacting a “price” for actions taken by the government against the attackers’ interests), such as the uprooting Palestinian olive trees, as necessary for the defense of Judaism.

U.S. government representatives met with Palestinian religious leaders to discuss religious tolerance and a broad range of issues affecting Christian, Muslim and Jewish communities.  U.S. officials met with political, religious, and civil society leaders to promote interreligious tolerance and cooperation.  U.S. representatives met with representatives of religious groups to monitor their concerns about access to religious sites, respect for clergy, and attacks on religious sites and houses of worship, and also met with local Christian leaders to discuss their concerns about ongoing Christian emigration from Jerusalem and the West Bank.

Section I. Religious Demography

The U.S. government estimates the total Palestinian population at 2.8 million in the West Bank and 1.8 million in the Gaza Strip (July 2018 estimates).  According to the U.S. government and other sources, Palestinian residents of these territories are predominantly Sunni Muslims.  The Israeli Central Bureau of Statistics reports an estimated 412,000 Jewish Israelis reside in Israeli settlements in the West Bank.  According to various estimates, 50,000 Christians reside in the West Bank and Jerusalem, and according to media reports and religious communities, there are approximately 1,000 Christians residing in Gaza.  According to local Christian leaders, Palestinian Christian emigration has continued at rapid rates.  A majority of Christians are Greek Orthodox; the remainder includes Roman Catholics, Melkite Greek Catholics, Syrian Orthodox, Armenian Orthodox, Armenian Catholics, Coptic Orthodox, Maronites, Ethiopian Orthodox, Syrian Catholics, Episcopalians, Lutherans, other Protestant denominations, including evangelical Christians, and small numbers of members of The Church of Jesus Christ of Latter-day Saints and Jehovah’s Witnesses.  Christians are concentrated primarily in Bethlehem, Ramallah, and Nablus; smaller communities exist elsewhere.  Approximately 360 Samaritans (practitioners of Samaritanism, which is related to but distinct from Judaism) reside in the West Bank, primarily in the Nablus area.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

West Bank and the Gaza Strip residents are subject to the jurisdiction of different authorities.  Palestinians in the West Bank are subject to Jordanian and Mandatory statutes in effect before 1967, military ordnances enacted by the Israeli Military Commander in the West Bank in accordance with its authorities under international law, and in the relevant areas, PA law.  Israelis living in the West Bank are subject to military ordnances enacted by the Military Commander and Israeli law and Israeli legislation.  Palestinians living in the portion of the West Bank designated as Area C in the Oslo II Accord are subject to military ordnances enacted by the Military Commander.  Palestinians who live in Area B fall under PA civil and criminal law, while Israel retains the overriding responsibility for security.  Although per the Oslo II Accord, only PA civil and security law applies to Palestinians living in Area A of the West Bank, Israel applies military ordnances enacted by the Military Commander whenever its military enters Area A, as part of its overriding responsibility for security.  The city of Hebron in the West Bank – an important city for Jews, Muslims, and Christians due to the Ibrahimi Mosque/Tomb of the Patriarchs – is divided into two separate areas:  area H1 under PA control and area H2, where approximately 800 Israeli settlers live and where internal security, public order and civil authorities relating to Israelis and their property are under Israeli military control.  In 2007, Hamas staged a violent takeover of PA government installations in the Gaza Strip and has since maintained a de facto government in the territory, although the area nominally comes under PA jurisdiction.

An interim Basic Law applies in the areas under PA jurisdiction.  The Basic Law states Islam is the official religion, but calls for respect of “all other divine religions.”  It provides for freedom of belief, worship, and the performance of religious rites unless they violate public order or morality.  The Basic Law also proscribes discrimination based on religion and stipulates all citizens are equal before the law.  The law states the principles of sharia shall be the main sources of legislation.  It contains language adopted from the pre-1967 criminal code of Jordanian rule criminalizing “defaming religion,” with a maximum penalty of life in prison.  Since 2007, the elected Palestinian Legislative Council, controlled by Hamas, has not convened.  The Palestinian Constitutional Court dissolved the Palestinian Legislative Council in December and called for new elections.  The President of the PA promulgates executive decrees that have legal authority.

There is no specified process by which religious organizations gain official recognition; each religious group must negotiate its own bilateral relationship with the PA.  The PA observes nineteenth century status quo arrangements reached with the Ottoman authorities, which recognize the presence and rights of the Greek Orthodox, Roman Catholic, Armenian Orthodox, Syrian Catholic, Coptic Orthodox, Ethiopian Orthodox, Melkite Greek Catholic, Maronite, Syrian Orthodox, and Armenian Catholic Churches.  The PA also observes subsequent agreements that recognize the rights of the Episcopal (Anglican) and Evangelical Lutheran Churches.  The PA recognizes the legal authority of these religious groups to adjudicate personal status matters, such as marriage, divorce, and inheritance.  Recognized religious groups may establish ecclesiastical courts to issue legally binding rulings on personal status and some property matters for members of their religious communities.  The PA’s Ministry of Religious Affairs is administratively responsible for these family law issues.

Islamic or Christian religious courts handle legal matters relating to personal status, including inheritance, marriage, dowry, divorce, and child support.  For Muslims, sharia determines personal status law, while various ecclesiastical courts rule on personal status matters for Christians.  By law, members of one religious group may submit a personal status dispute to a different religious group for adjudication if the disputants agree it is appropriate to do so.

The PA maintains some unwritten understandings with churches that are not officially recognized, based on the basic principles of the status quo agreements, including the Assemblies of God, Nazarene Church, and some evangelical Christian churches, which may operate freely.  Some of these groups may perform some official functions such as issuing marriage licenses.  Churches not recognized by the PA generally must obtain special one-time permission from the PA to perform marriages or adjudicate personal status matters if these groups want the actions to be recognized by and registered with the PA.  These churches may not proselytize.

By law, the PA provides financial support to Islamic institutions and places of worship.

Religious education is part of the curriculum for students in grades one through six in public schools the PA operates, as well as some Palestinian schools in Jerusalem that use PA curriculum.  There are separate courses on religion for Muslims and Christians.  Students may choose which class to take but may not opt out of religious courses.  Recognized churches operate private schools in the West Bank, which include religious instruction.  Private Islamic schools also operate in the West Bank.

Palestinian law provides that in the 132-member Palestinian Legislative Council, six seats be allocated to Christian candidates, who also have the right to contest other seats.  There are no seats reserved for members of any other religious group.  A presidential decree requires that Christians head 10 municipal councils in the West Bank (including Ramallah, Bethlehem, Birzeit, and Beit Jala) and establishes a Christian quota for 10 West Bank municipal councils.

PA land laws prohibit Palestinians from selling Palestinian-owned lands to “any man or judicial body corporation of Israeli citizenship, living in Israel or acting on its behalf.”  While the law does not authorize the Israel Land Authority (ILA), which administers the 93 percent of Israeli land in the public domain, to lease land to foreigners, in practice, foreigners have been allowed to lease if they could show they qualify as Jewish under the Law of Return.

Although the PA removed the religious affiliation category from Palestinian identity cards issued since 2014, older identity cards continue to circulate, listing the holder as either Muslim or Christian.

Government Practices

In October Palestinian authorities detained a Palestinian-U.S. citizen Jerusalem identification card holder and investigated him for involvement in brokering the sale of Palestinian property to Jewish Israelis.  After a one-week trial, the Palestinian Grand Criminal Court found him guilty of “seizing/tearing away part of the Palestinian Territories to a foreign State” and sentenced him to life in prison with hard labor.  Authorities also froze his bank accounts as well as those of the owners of the property, according to media.

Israeli police and the Israeli Defense Forces (IDF) reported investigating known instances of religiously motivated attacks and making arrests where possible.  In general, however, NGOs, religious institutions, and media continued to state that arrests in religiously motivated crimes against Palestinians rarely led to indictments and convictions.  Israeli NGO Yesh Din also reported Palestinian victims generally feared reprisals by perpetrators or their associates.  Both of these factors increased Palestinian victims’ reluctance to file official complaints, according to Yesh Din.

The Israeli government stated that authorities maintained a zero-tolerance policy against Israeli extremists’ attacks on Palestinians and have made efforts to enhance law enforcement in the West Bank, including through taskforces, increased funding, and hiring additional staff members.  During the first six months of the year, Israeli police had investigated 115 allegations of nationalistic-based offenses committed by Israelis in the West Bank and 405 allegations against Palestinians.  In all of 2017, Israeli police investigated 183 and 609 allegations, respectively.  At the end of June, Israeli authorities had opened 35 new investigations of ideologically-based offenses and disturbances of public order by Israelis against Palestinians, compared with 29 in all of 2017.  By June Israeli authorities issued four indictments in these cases, two of which were from prior years’ investigations, while in 2017 four indictments were issued, including three from prior years’ investigations.  Offenses against property constituted 65 percent of these cases.  Israeli authorities investigated 15 cases of Israelis allegedly committing bodily harm against Palestinians.  As of the end of June, however, Israeli authorities had not investigated any cases involving Israeli stone-throwing at Palestinians in the West Bank.  The UN Office for the Coordination of Humanitarian Affairs reported 21 incidents of Israelis throwing stones at Palestinian homes and vehicles during the same six-month period.

As of October, Israeli authorities had issued 27 restraining orders against 25 Israelis from entering the West Bank and four orders prohibiting Israelis from entering specific areas in the West Bank.  In 2017, Israeli authorities issued one detention order and 55 restraining orders against 41 Israelis, including minors, prohibiting their presence in the West Bank to deter and prevent ideologically based offenses.  The Israeli government stated the special unit it established in 2013 in the West Bank’s Judea and Samaria Police District to combat nationalist crimes was fully operational, with 60 police officers, and 20 auxiliary officers.

The PA continued to provide imams with themes they were required to use in weekly Friday sermons in West Bank mosques and to prohibit them from broadcasting Quranic recitations from minarets prior to the call to prayer.  The Mufti of Jerusalem issued fatwas prohibiting Palestinian participation in Jerusalem municipal elections, and sales of Palestinian-owned lands to Israelis.  In April the Palestinian Supreme Fatwa Council reiterated an Islamic legal ruling (fatwa) reemphasizing previous rulings that sale of Palestinian-owned lands, including in Jerusalem, to “enemies such as the state of Israel,” is forbidden to Muslims according to sharia.

Nonrecognized churches, such as Jehovah’s Witnesses and some evangelical Christian groups, faced a continued PA ban on proselytization but stated they were able to conduct most other functions unhindered by the PA.  Palestinian authorities generally recognized on a case-by-case basis personal status documents issued by nonrecognized churches.  The PA, however, continued to refuse to recognize personal status legal documents (e.g., marriage certificates) issued by some of these nonrecognized churches, which the groups said made it difficult for them to register newborn children under their fathers’ names or as children of married couples.  Many nonrecognized churches advised members with dual citizenship to marry or divorce abroad to register the action officially in that location.  Some converts to nonrecognized Christian faiths had recognized churches with which they were previously affiliated perform their marriages and divorces.  Members of some faith communities and faith-based organizations stated they viewed their need to do so as conflicting with their religious beliefs.  During the year, Palestinian authorities established a procedure for registering future marriages involving Jehovah’s Witnesses, which would also enable couples to register their children and protect the children’s inheritance rights.  Palestinian authorities generally recognized on a case-by-case basis documents from a small number of churches that were relatively recently established in the West Bank and whose legal status remained uncertain.

Religious organizations providing education, health care, and other humanitarian relief and social services to Palestinians in and around East Jerusalem continued to state that the security barrier that was begun by Israel during the second Intifada (2000-2005), impeded their work, particularly south of Jerusalem in the West Bank Christian communities around Bethlehem.  Clergy members stated the barrier and additional checkpoints restricted their movements between Jerusalem and West Bank churches and monasteries, as well as the movement of congregants between their homes and places of worship.  Christian leaders continued to state the barrier hindered Bethlehem-area Christians from reaching the Church of the Holy Sepulcher in Jerusalem.  They also said it made visits to Christian sites in Bethlehem difficult for Palestinian Christians who lived on the west side of the barrier.  Foreign pilgrims and religious aid workers also reported difficulty or delays accessing Christian religious sites in the West Bank because of the barrier.  The Israeli government previously stated it constructed the barrier as an act of self-defense, and that it was highly effective in preventing attacks in Israel.

In addition, Bethlehem residents said political instability affected tourism, Bethlehem’s key economic sector.  Christians also criticized the PA for failing to better protect their communities and way of life, which was under pressure from lack of economic opportunities and other drivers of emigration.  During the year, Bethlehem had the highest unemployment rate among West Bank cities, which sources stated was a factor compelling many young Christians to emigrate.  Community leaders estimated Bethlehem and surrounding communities were only 12 percent Christian, compared with more than 70 percent in 1950.

Palestinian leaders often did not publicly condemn individual terrorist attacks or speak out publicly against members of their institutions who advocated for violence.  Media and social media regularly used the word “martyr” to refer to individuals killed during confrontations with Israeli security forces.  Some official PA media channels, social media sites affiliated with the Fatah political movement, terrorist organizations, and individuals glorified terrorist attacks on Jewish Israelis, referring to the assailants as “martyrs.”  Several local Fatah chapters on social media referred to individuals who had engaged in terrorist attacks as martyrs and posted memorials, including photographs of suicide bombers.  The Fatah branch in the city of Tubas and the Fatah youth organization posted a photograph on March 11 of Wafa Idreis, a suicide bomber who carried out an attack during the second Intifada, and which killed one Israeli and injured 90 others.

The PA and the PLO continued to provide “martyr payments” to the families of Palestinian individuals killed during the commission of a terrorist act.  The PA and the PLO also continued to provide payments to Palestinians in Israeli prisons, including those convicted of acts of terrorism against Israelis.  These payments and separate stipends for prisoners were first initiated by the PLO in 1965 and have continued under the PA since the Oslo Accords with Israel.  President Abbas said he would use his last penny “on the families of the prisoners and martyrs.”

The PA Ministry of Waqf and Religious Affairs continued to pay for construction of new mosques, maintenance of approximately 1,800 existing mosques, and salaries of most Palestinian imams in the West Bank.  The ministry also continued to provide limited financial support to some Christian clergy and Christian charitable organizations.

The Israeli government and the PA sometimes prevented Jewish Israelis from visiting Jewish religious sites in PA-controlled territory in the West Bank for security reasons.

The Israeli government continued to prohibit Israeli citizens in unofficial capacities from traveling to the parts of the West Bank under the civil and security control of the PA (Area A).  While these restrictions in general prevented Jewish Israelis from visiting several Jewish religious sites, the IDF provided special security escorts for Jews to visit religious sites in Area A, particularly Joseph’s Tomb in Nablus, a site of religious significance to Jews, Christians, and Muslims.  Some Jewish religious leaders said this policy limiting travel to parts of the West Bank prevented Jewish Israelis from freely visiting several Jewish religious sites in the West Bank, including Joseph’s Tomb, because they were denied the opportunity to visit the site on unscheduled occasions or in larger numbers than permitted through IDF coordination.  IDF officials said requirements to coordinate Jewish visits to Joseph’s Tomb were necessary to ensure Jewish Israelis’ safety.  Palestinian and Israeli security forces coordinated some visits by Jewish groups to PA-controlled areas within the West Bank.

Rachel’s Tomb, a Bethlehem shrine of religious significance to Jews, Christians, and Muslims under Israeli jurisdiction in Area C, remained separated from the West Bank by the security barrier built during the second Intifada, and Palestinians could only access it if Israeli authorities permitted them to cross the barrier.  Residents and citizens of Israel continued to have relatively unimpeded access.  Israeli police closed the site to all visitors on Saturdays, for the Jewish Sabbath (Shabbat).

The IDF continued to limit access to the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron, another site of significance to Jews, Christians, and Muslims as the tomb of Abraham.  Palestinian leaders continued in statements to local media to oppose the IDF’s control of access, citing Oslo-era agreements that gave Israel and the PA shared administrative responsibility for the site, although Israel retained full security responsibility for the site.  Some Muslim leaders publicly rejected a Jewish connection to the site.  The IDF again restricted Muslim access on 10 days corresponding to Jewish holidays and Jewish access on 10 days corresponding to Islamic holidays.  The Israeli government said these restrictions allowed a greater number of worshipers to access the site on special days for the two faiths.  The IDF restricted Muslims to one entry point with IDF security screening.  The IDF granted Jews access via several entry points without security screening.  The Israeli government said police guard posts were located at both crossings, and manned by soldiers and equipped with metal detectors.  Entrance was denied to individuals identified as posing a threat to the security of the site or its worshipers.  Citing security concerns, the IDF periodically closed roads approaching the site, and since 2001 has permanently closed Shuhada Street, the former main Hebron market and one of the main streets leading to the holy site, to Palestinian-owned vehicles.  The Israeli government said the road closure was to prevent confrontations.  Both Muslims and Jews were able to pray at the site simultaneously in separate spaces, a physical separation that was instituted by the IDF following a 1994 attack by an Israeli that killed 29 Palestinians.  Israeli authorities continued to implement frequent bans on the Islamic call to prayer from the Ibrahimi Mosque, stating the government acted upon requests by Jewish religious leaders in Hebron regarding the needs of Jewish worshippers at the site.

Following the September fatal stabbing of a Jewish settler in the West Bank by a Palestinian, President Abbas told Israeli government leaders that “everybody loses from violence.”  On April 30, however, Abbas spoke at a meeting of the Palestinian National Council, stating the  massacres of Jews, including during the Holocaust, were related to their “social behavior, [charging] interest, and financial matters,” and not their religion.  He issued a statement on May 4 apologizing to those offended by his remarks, condemning anti-Semitism in all its forms, and called the Holocaust the most heinous crime in history.

Religiously intolerant and anti-Semitic material continued to appear in official PA media.  On October 5, the official Palestinian TV aired a speech by PA Islamic Law Judge Muhannad Abu Roomi describing Jews as “fabricators of history” who “dance and live on the body parts and blood of others.”  In another instance, a guest on a Palestinian TV program on April 10 stated that the Holocaust was a lie, and that many Jews “colluded with Hitler to create a gateway to bring settlers to Palestine.”  On December 14, Osama al-Tibi delivered a Friday sermon at the Taqwa mosque in al-Tira, near Ramallah, broadcast on Palestine TV.  In his sermon, al-Tibi said he was not able to mention all of the Jews’ despicable traits, and that “Allah … turned them into apes and pigs.”

There continued to be anti-Semitic and militaristic and adversarial content directed against Israel in Palestinian textbooks as well as the absence of references to Judaism alongside Christianity and Islam when discussing religion, according to Palestinian Media Watch and the Institute for Monitoring Peace and Cultural Tolerance in School Education.  The two NGOs also reported that PA schoolbooks for the 2017-2018 school year contained material glorifying terror and promoting violence.  In September media reported a European Parliament committee voted to freeze more than $17 million in aid to the PA over incitement against Israel in its textbooks.

NGOs monitoring archaeological practices in the West Bank continued to state the Israel Antiquities Authority (IAA), an Israeli government entity, exploited archaeological finds to bolster Jewish claims, while overlooking other historically significant archaeological finds of other religions or the needs of Palestinian residents at these sites.  Under the Israeli Antiquities Law, excavations within a sacred site require the approval of a ministerial committee, which includes the ministers of culture, justice, and religious affairs.  The government stated that the IAA conducted impartial evaluations of all unearthed archeological finds, and the IAA was obligated by law to document, preserve, and publish all findings from excavations.  It added that IAA researchers “have greatly intensified their research of ‘non-Jewish’ periods in the history of the land of Israel, [including] the Prehistoric, Early Bronze, Byzantine, Muslim, Mamluk and Ottoman periods.”

The Israeli government retained its previous regulations regarding visa issuance for foreigners to work in the West Bank, regulations Christian institutions said impeded their work by preventing many foreign clergy from entering and working.  The Israeli government continued to limit Arab Christian clergy serving in the West Bank to single entry visas, which local parish leaders in the West Bank said complicated needed travel to other areas under their pastoral authority outside the West Bank or Jerusalem, such as Jordan.  Clergy, nuns, and other religious workers from Arab countries said they continued to face long delays in receiving visas and reported periodic denials of their visa applications.  The Israeli government stated visa delays or denials were due to security processing, and visitors from states without diplomatic relations with Israeli could face delays.  Officials from multiple churches expressed concerns that non-Arab visa applicants and visa renewal applicants also faced long delays.  Christian leaders said Israel’s visa and permit policy for individuals wishing to work and reside in the West Bank adversely impacted faith-based operations in the West Bank.  While clergy generally were able to obtain visas, Christian leaders said this policy adversely affected school teachers and volunteers affiliated with faith-based charities working in the West Bank.  NGOs and religious leaders said this policy did not appear to specifically target faith based organizations, but rather, appeared to be part of a broader Israeli tightening of visa issuance in response to the international “Boycott, Divestment, Sanctions movement.”  Israeli authorities issued permits for some Christians in Gaza to exit Gaza to attend religious services in Jerusalem or the West Bank.  Christian leaders said Israel issued insufficient permits to meet the full demand, and the process was lengthy and time consuming.

According to some church officials, Israel continued to prohibit some Arab Christian clergy from entering Gaza, including bishops and other senior clergy seeking to visit congregations or ministries under their pastoral authority.  Israel facilitated visits by clergy, including bishops from non-Arab countries, to Gaza on multiple occasions, including delegations from Europe, North America, and South Africa.

At year’s end, Christians held minister-level positions in three PA ministries (Finance, Economy, and Tourism) and the cabinet-level office of deputy prime minister for public information.

Abuses by Foreign Forces and Nonstate Actors

Hamas, PIJ, and other militant and terrorist groups continued to be active in Gaza.  Hamas remained in de facto political control of Gaza.

Hamas leaders continued to call for the elimination of the state of Israel, and some Hamas leaders called for the killing of Zionist Jews.  Some Hamas leaders condemned, however, the terrorist attack on a U.S. synagogue in Pittsburgh, Pennsylvania.

Hamas also continued to enforce restrictions on Gaza’s population based on its interpretation of Islam and sharia, including a separate judicial system from the PA courts.  At times Hamas courts prohibited women from departing Gaza due to ongoing divorce or family court proceedings, despite having Israeli authorization to travel.  Human Rights Watch issued a report in October regarding accusation of torture and abuse of detainees in PA and Hamas detention, based on 86 cases and dozens of interviews with former detainees, lawyers, and family members.  The report included an example from 2017 of Hamas police detaining a social worker and investigating him for “offending religious feelings.”  Media reported the Hamas-affiliated Islamic University of Gaza required hijabs for all females.  Gazan civil society leaders said Hamas in recent years had moderated its restrictions on dress and gender segregation in public.

Christian groups reported Hamas generally tolerated the small Christian presence in Gaza and did not force Christians to abide by Islamic law.  According to media accounts, Hamas continued to neither investigate nor prosecute Gaza-based cases of religious discrimination, including reported anti-Christian bias in private sector hiring and in police investigations of anti-Christian harassment.  Media quoted Gazan Christians as saying that Hamas generally did not impede private and communal religious activities for the Christian minority in Gaza, but continued to not celebrate Christmas as a public holiday, unlike in the West Bank.

Some Muslim students continued to attend schools run by Christian institutions and NGOs in Gaza.

Section III. Status of Societal Respect for Religious Freedom

There were incidents of deadly violence that perpetrators said was justified at least partly on religious grounds.  Because religion and ethnicity or nationality were often closely linked, it was difficult to categorize much of this violence as being solely based on religious identity.  Actions included killings, physical and verbal attacks on worshipers and clergy, and vandalism of religious sites.  There was also harassment by members of one religious group of another, social pressure to stay within one’s religious group, and anti-Semitic content in media.

On January 9, a member of Hamas’s Izz ad-Din al-Qassam Brigades shot and killed Rabbi Raziel Shevach at a traffic junction near the Israeli settlement outpost of Havat Gilad, west of Nablus in the West Bank.  On March 28, an Arab Israeli, Abed al-Hakim Asi, was charged in Central District Court for the February 5 fatal stabbing of Rabbi Itamar Ben Gal at a bus stop near the Ariel settlement, located between Nablus and Ramallah.  Following these two attacks, Israeli settlers from neighboring areas threw stones at Palestinian vehicles and houses, destroyed olive orchards, sprayed anti-Palestinian graffiti, and blocked road access to Nablus.

On October 12, Aysha al-Rabi, a Palestinian resident of Bidya village, died when an unidentified individual threw a two-kilogram (4.4 pound) stone through her car windshield.  Israeli police opened an investigation and at year’s end continued to investigate the possible involvement of yeshiva students from the nearby Israeli settlement of Rehelim.

In July a Palestinian teenager climbed over the wall of a Jewish settlement in the West Bank near Ramallah and stabbed three Israelis, killing one.  Neighbors of the victim killed the 17-year-old.  In response, the Israeli defense minister tweeted, “The best answer to terror is the accelerated settlement of Judea and Samaria.”

Palestinians at times violently protested when Jewish groups visited holy sites in the West Bank, particularly Joseph’s Tomb in Nablus.  Palestinians threw stones and Molotov cocktails and clashed with IDF escorts during visits of Jewish groups to Joseph’s Tomb (located in Area A) on several days during the year.  The IDF used tear gas, rubber bullets, and live fire to disperse Palestinian protesters, secure the site, and/or evacuate Jewish worshippers.

According to local press and social media, some Israeli settlers in the West Bank continued to justify their attacks on Palestinian property, or “price tag” attacks, such as the uprooting of Palestinian olive trees, as necessary for the defense of Judaism.  NGO Tag Meir reported that in April unknown assailants attempted to set a mosque near Nablus on fire, leaving graffiti on the building that stated “price tag and revenge.”

According to local human rights groups and media, Israeli authorities rarely prosecuted Jewish attacks against Muslims and Christians successfully, failing to open investigations or closing cases for lack of evidence.  The Israeli government stated it maintained a zero-tolerance policy towards “price-tag” offenses by Israeli extremists and other violence against Palestinians in areas of the West Bank under its responsibility.  It also stated it had made efforts to enhance law enforcement in the West Bank, which led to a decrease in ideologically-based offences, and an increase in the numbers of investigations and rates of prosecution.

A crowd of Christian Palestinians threw stones, bottles, and eggs at Greek Orthodox Patriarch Theophilos III on January 6-7 when he arrived in Bethlehem’s Manger Square to preside over midnight Mass on Orthodox Christmas.  Members of the crowd, who also pounded the patriarch’s car with their fists, chanting “traitor, traitor,” accused the Greek Orthodox Church of selling Palestinian-owned property and land to Israeli Jewish groups.  According to media, the controversy dated back to 2004, when three companies associated with a settler group obtained a long-term lease on three buildings belonging to the Greek Orthodox Church in the Old City of Jerusalem.  The church launched a legal battle against the agreement, calling it “illegal” and “unauthorized.”  In 2017, a district court in Israel rejected the church’s argument.  The church appealed the decision to the Israeli Supreme Court in November 2017, and the appeal was still pending at year’s end.

According to members of more recently arrived faith communities in the West Bank and Jerusalem, established Christian groups opposed their efforts to obtain official recognition from the PA because of the newcomers’ proselytizing.

Political and religious groups in the West Bank and Gaza continued to call on members to “defend” Al-Aqsa Mosque.

According to Palestinian sources, most Christian and Muslim families in the West Bank and Gaza Strip pressured their children, especially their daughters, to marry within their respective religious groups.  Couples who challenged this societal norm, particularly Palestinian Christians or Muslims who sought to marry Jews, encountered considerable societal and family opposition.  Families sometimes reportedly disowned Muslim and Christian women who married outside their faith.

In an article published by the independent Palestinian Ma’an News Agency, former Hamas official Mustafa al-Lidawi invoked the blood libel to describe how Jews prepared pastries for the Purim holiday.

Section IV. U.S. Government Policy and Engagement

U.S. government representatives met with representatives of a range of religious groups from Jerusalem, the West Bank, and when possible, the Gaza Strip.  Engagement included meetings with Orthodox, ultra-Orthodox, and Reform rabbis, as well as representatives of various Jewish institutions; regular contacts with the Greek Orthodox, Latin (Roman Catholic), and Armenian Orthodox patriarchates; and meetings with the Holy See’s Custodian of the Holy Land, leaders of the Anglican and Lutheran Churches, the Syrian Orthodox Church, Jehovah’s Witnesses, and leaders of evangelical Christian groups.  These meetings included discussions of the groups’ concerns about religious tolerance, access to religious sites, respect for clergy, and attacks on religious sites and houses of worship.

U.S. government representatives met with political, religious, and civil society leaders to promote tolerance and cooperation to combat religious prejudice.  They also met with representatives of religious groups to monitor their concerns about access to religious sites, respect for clergy, and attacks on religious sites and houses of worship and with local Christian leaders to discuss their concerns about ongoing Christian emigration from Jerusalem and the West Bank.


IN THIS SECTION: ISRAEL | WEST BANK AND GAZA (ABOVE)

Western Sahara

Executive Summary

The Kingdom of Morocco claims the territory of Western Sahara and administers the area it controls by the same constitution, laws, and structures as in internationally recognized Morocco, including laws that deal with religious freedom.  The Popular Front for the Liberation of Saguia el Hamra and Rio de Oro (POLISARIO), an organization seeking the territory’s independence, disputes Morocco’s claim to sovereignty over the territory.  According to the Moroccan constitution, Islam is the religion of the state, and the state guarantees freedom of thought, expression, and assembly.  The constitution also says the state guarantees to everyone the freedom to “practice his religious affairs.”  The constitution states the king holds the Islamic title “Commander of the Faithful,” and he is the protector of Islam and guarantor of the freedom to practice religious affairs in the country.  It also prohibits political parties from being founded on religion and forbids political parties, parliamentarians, and constitutional amendments from denigrating or infringing on Islam.  Moroccan law penalizes the use of enticements to convert a Muslim to another religion and prohibits criticism of Islam.  There were no reports of significant government actions affecting religious freedom in the portion of the territory administered by Morocco.

There were no reports of significant societal actions affecting religious freedom.

U.S. officials discussed religious freedom and tolerance with Moroccan officials and also met members of religious minority communities during their visits to the territory.

Section I. Religious Demography

The U.S. government estimates the total population at 620,000 (July 2018 estimate).  The overwhelming majority of the population is Sunni Muslim.  Christian leaders report there are dozens of Moroccan Christians, as well as a small group of foreign resident Roman Catholics.

There is a small foreign community, many of whose members are non-Muslim, working for the United Nations Mission for the Referendum in Western Sahara.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

Morocco administers the territory it controls in Western Sahara by the same constitution, laws, and structures that apply within internationally recognized Morocco.

The Moroccan constitution declares Islam to be the religion of the state.  The constitution guarantees the freedoms of thought, expression, and assembly and says the state guarantees to everyone the freedom to practice his religious affairs.

The Moroccan constitution and the law governing media prohibit any individual from criticizing Islam on public platforms, such as in print or online media, or in public speeches.  Such expressions are punishable by imprisonment for two years and a fine of 200,000 dirhams ($21,000).

Moroccan law penalizes anyone who “employs enticements to undermine the faith” or convert a Muslim to another faith, and provides punishments of six months to three years’ imprisonment and a fine of 200 to 500 dirhams ($21 to $52).  Impeding or preventing one or more persons from worshipping or from attending worship services of any religion is punishable by six months to three years’ imprisonment and a fine of 200 to 500 dirhams ($21 to $52).  By law, all publicly funded educational institutions are required to teach Sunni Islam in accordance with the teachings of the Maliki-Ashari school of Sunni Islam.  Other Moroccan laws pertaining to the registration of religious groups, their operations, and the application of relevant aspects of personal status law also apply.

The Moroccan constitution states the king holds the Islamic title of “Commander of the Faithful,” and he is the protector of Islam and guarantor of the freedom to practice religious affairs.  It also states only the High Council of Ulema, a group headed and appointed by the king, is authorized to issue fatwas, which become legally binding only through endorsement by the king in a royal decree and subsequent confirmation by parliamentary legislation.  According to the constitution, political parties may not be founded on religion and may not denigrate or infringe on Islam.

Government Practices

There were no reports of significant government actions affecting religious freedom in the territory administered by Morocco.

Section III. Status of Societal Respect for Religious Freedom

There were no reports of significant societal actions affecting religious freedom in the territory administered by Morocco.

Section IV. U.S. Government Policy and Engagement

U.S. officials discussed religious freedom and tolerance with Moroccan officials and also met members of religious minority communities, including Roman Catholics, during their visits to the territory.

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