Legal Framework

The constitution states freedom of conscience and belief is inviolable and the free exercise of religious beliefs is guaranteed.  The constitution prohibits the federal, state, and local governments from either supporting or hindering any specific religion.  The law provides penalties of up to five years in prison for crimes of religious intolerance.  Courts may fine or imprison for two to five years any individual who displays, distributes, or broadcasts religiously intolerant material; the government did not apply the law during the year.  It is illegal to write, edit, publish, or sell literature that promotes religious intolerance.

Religious groups are not required to register to establish places of worship, train clergy, or proselytize, but groups seeking tax-exempt status must register with the Department of Federal Revenue and the local municipality.  States and municipalities have different requirements and regulations for obtaining tax-exempt status.  Most jurisdictions require groups to document the purpose of their congregation, provide an accounting of finances, and have a fire inspection of any house of worship.  Local zoning laws and noise ordinances may limit where a religious group may build houses of worship or hold ceremonies.

Government regulations require public schools to offer religious instruction, but neither the constitution nor legislation defines the parameters.  By law, the instruction should be nondenominational, conducted without proselytizing, and with alternative instruction for students who do not want to participate.  The law prohibits public subsidies to schools operated by religious organizations.

A constitutional provision provides the right of access to religious services and counsel individuals of all religions in all civil and military establishments.  The law states that public and private hospitals as well as civil or military prisons must comply with this provision.

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

Legal Framework

The constitution mandates a secular state and provides for freedom of conscience and the right of all individuals to profess, practice, and propagate religion freely, subject to considerations of public order, morality, and health.  It prohibits government discrimination based on religion, including with regard to employment, as well as any religion-based restrictions on individuals’ access to public or private facilities or establishments open to the general public.  The constitution states religious groups have the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in religious matters, and own, acquire, and administer property.  It prohibits compelling anyone to pay taxes to promote or maintain any specific religion.  National and state laws make freedom of religion “subject to public order, morality, and health.”  The constitution stipulates the state shall endeavor to create a uniform civil code applicable to members of all religions across the country.

Federal law empowers the government to ban religious organizations that provoke intercommunal tensions, are involved in terrorism or sedition, or violate laws governing foreign contributions.

Nine of the 29 states have laws restricting religious conversion:  Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, and Uttarakhand.  The legislation in Rajasthan, passed in 2008, was reviewed by the central government to ensure its provisions were in alignment with existing national laws and the constitution, and has not yet received the approval from the country’s president that is required for the law to go into effect.  In March Uttarakhand became the latest state to pass an anti-conversion law, making it a non-bailable offense.  The law came into effect in April and was strengthened in August with the addition of provisions that allow the state to cancel the registration of institutions involved in forced conversions.  Only five states have implemented rules that are required for these laws to be enforced.

Chhattisgarh, Madhya Pradesh, and Uttarakhand prohibit religious conversion by the use of “force,” “allurement,” or “fraudulent means,” and require district authorities be informed of any intended conversions one month in advance.  Himachal Pradesh and Odisha maintain similar prohibitions against conversion through “force,” “inducement,” or “fraud,” and bar individuals from abetting such conversions.  Odisha requires individuals wishing to convert to another religion and clergy intending to officiate in a conversion ceremony to submit formal notification to the government.  Violators, including missionaries and other religious figures who encourage conversion, are subject to fines and other penalties, such as prison sentences of up to three years in Chhattisgarh and up to four years in Madhya Pradesh if the converts are minors, women, or members of government-designated, historically disadvantaged groups (known as Scheduled Castes or Scheduled Tribes).  Gujarat mandates prior permission from the district magistrate for any form of conversion and punishes forced conversions with up to three years’ imprisonment and a fine up to 50,000 rupees ($720).  In Himachal Pradesh, penalties include up to two years’ imprisonment and/or fines of 25,000 rupees ($360).  Punishments for conversions involving minors, Scheduled Caste or Scheduled Tribe members, or in the case of Odisha, women, may consist of jail sentences rather than fines.

According to the Supreme Court, converting from Hinduism to another religion ordinarily “operates as an expulsion from the caste” since caste is a structure affiliated with Hindu society.  Societal definitions of caste affiliation are determinative of a person’s eligibility for government benefits.

Under Andhra Pradesh and Telangana law, authorities may prohibit proselytizing near another religion’s place of worship.  Punishment for violations may include imprisonment for up to three years and fines up to 5,000 rupees ($72).

The federal penal code criminalizes “promoting enmity between different groups on grounds of religion” and “acts prejudicial to maintenance of harmony,” including acts causing injury or harm to religious groups and members.  The penal code also prohibits “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.”  Violations of any of these provisions are punishable by imprisonment for up to three years, a fine, or both.  If the offense is committed at a place of worship, imprisonment may be for up to five years.

There are no requirements for registration of religious groups, although federal law requires religiously affiliated organizations to maintain audit reports on their accounts and a schedule of their activities, and to provide these to state government officials upon request.

A federal law regulates foreign contributions to NGOs, including faith-based organizations.  Organizations with “definite cultural, economic, educational, religious, or social programs” must receive a federal government certificate of registration to receive foreign funds.  The federal government may also require that certified organizations obtain prior permission before accepting or transferring foreign funds.  The federal government may reject an application for a certificate of registration or a request for prior permission to transfer funds if it judges the recipient to be prejudicially affecting “harmony between religious, racial, social, linguistic, regional groups, castes, or communities.”

The constitution states any reference to Hindus in law is to be construed as containing a reference to followers of Sikhism, Jainism, and Buddhism, meaning they are subject to laws regarding Hindus, such as the Hindu Marriage Act.  Subsequent legislation continues to use the word Hindu as a blanket category that includes Sikhs, Buddhists, Baha’i, and Jains, but clarifies these are separate religions whose followers are included under the legislation.

Federal law provides minority community status to six religious groups:  Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists.  State governments may grant minority status to religious groups that are minorities in a particular region and designate them as minorities under state law.  Minority status makes these groups eligible for several government assistance programs.  The constitution states the government will protect the existence of religious minorities and encourage conditions for the promotion of their individual identities.

Personal status laws determine rights for members of certain religious communities in matters of marriage, divorce, adoption, and inheritance based on religion, faith, and culture.  Hindu, Christian, Parsi, Jewish, and Islamic personal status laws are legally recognized and judicially enforceable.  Personal status issues not defined for a community in a separate law are covered under Hindu personal status laws.  These laws, however, do not supersede national- and state-level legislation or constitutional provisions.  The government grants autonomy to the All India Muslim Personal Law Board and the Parsi community to define customary practices.  If the law board or community leaders cannot offer satisfactory solutions, the case is referred to the civil courts.

Federal law permits interfaith couples to marry without religious conversion.  Interfaith couples, and all couples marrying in a civil ceremony, are required to provide public notice 30 days in advance – including addresses, photographs, and religious affiliation – for public comment.  Hindus, Muslims, Buddhists, Sikhs, or Jains who marry outside their religions, however, face the possibility of losing their property inheritance rights under those communities’ personal status laws.

The law recognizes the registration of Sikh marriages.  There are no divorce provisions for Sikhs under personal status laws.  Other Sikh personal status matters fall under Hindu codes.  Under the law, any person, irrespective of religion, may seek a divorce in civil court.

The constitution prohibits religious instruction in government schools; the law permits private religious schools.

Twenty-four of the 29 states apply partial to full restrictions on bovine slaughter.  Penalties vary among states, and may vary based on whether the animal is a cow, calf, bull, or ox.  The ban mostly affects Muslims and members of other Scheduled Castes and Scheduled Tribes.  In the majority of the 24 states where bovine slaughter is banned, punishments include imprisonment for six months to two years and a fine of 1,000 to 10,000 rupees ($14 to $140).  Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years.  The law in Gujarat mandates a minimum 10-year sentence (the punishment for some counts of manslaughter) and a maximum sentence of life imprisonment (the punishment for premeditated murder of humans) for killing cows, selling beef, and illegally transporting cows or beef.

The National Commission for Minorities, which includes representatives from the six designated religious minorities and the National Human Rights Commission, investigates allegations of religious discrimination.  The Ministry of Minority Affairs may also conduct investigations.  These bodies have no enforcement powers, but launch investigations based on written complaints by plaintiffs charging criminal or civil violations and submit their findings to law enforcement agencies for action.  Eighteen of the country’s 29 states and the National Capital Territory of Delhi have state minorities commissions, which also investigate allegations of religious discrimination.

The constitution allows for a form of affirmative action for Scheduled Caste or Scheduled Tribe communities, and the “Other Backward Class,” a category for groups deemed to be socially and educationally disadvantaged.  Since the constitution specifies only Hindus, Sikhs, or Buddhists shall be deemed a member of a Scheduled Caste, the only means through which Christian and Muslim individuals may qualify for affirmative action benefits is if they are considered members of the “backward” classes due to their social and economic status.

The government requires foreign missionaries to obtain a missionary visa.

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

Legal Framework

The constitution guarantees freedom of religion and requires the state to refrain from religious education or any other religious activity.  It prohibits religious organizations from exercising any political authority or receiving privileges from the state.  It states that the people shall not abuse their rights and shall be responsible to use their rights for the public welfare.

The government does not require religious groups to register or apply for certification, but certified religious groups with corporate status do not have to pay income tax on donations and religious offerings used as part of the groups’ operational and maintenance expenses.  The government requires religious groups applying for corporate status to prove they have a physical space for worship and that their primary purpose is disseminating religious teachings, conducting religious ceremonies, and educating and nurturing believers.  An applicant is required to present in writing a three-year record of activities as a religious organization, a list of members and religious teachers, the rules of the organization, information on the method of making decisions about managing assets, statements of income and expenses for the past three years, and a list of assets.  The law stipulates that prefectural governors have jurisdiction over groups that seek corporate status in their prefecture, and registration must be made with prefectural governments.  Exceptions are granted for groups with offices in multiple prefectures, which may register with the Ministry of Education, Culture, Sports, Science, and Technology (MEXT) minister.  After the MEXT minister or a prefectural governor confirms an applicant meets the legal definition of a religious organization, the law requires the applicant to formulate administrative rules pertaining to its purpose, core personnel, and financial affairs.  Applicants become religious corporations after the MEXT minister or governor approves their application and they register.

The law requires certified religious corporations to disclose their assets, income, and expenditures to the government.  The law also empowers the government to investigate possible violations of regulations governing for-profit activities.  Authorities have the right to suspend a religious corporation’s for-profit activities for up to one year if the group violates these regulations.

The law stipulates that worship and religious rituals performed by inmates alone or in a group in penal institutions shall not be prohibited.

The law states that schools established by the national and local governments must refrain from religious education or other activities in support of a specific religion.  The law also states that an attitude of religious tolerance and general knowledge regarding religion and its position in social life should be valued in education.  Both public and private schools must develop curricula in line with MEXT standards.  These standards are based on the law, which says that schools should give careful consideration when teaching religion in general to junior and high school students.

Labor law states a person may not be disqualified from union membership on the basis of religion.

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

Legal Framework

The constitution stipulates the state is secular and provides for religious freedom, freedom of conscience, and freedom of religious worship, including the right to “profess, individually or jointly with others, any religion, or to profess no religion.”  It provides the right of citizens “to freely choose, possess, and disseminate religious or other beliefs, and to act in conformity with them,” and provides equality of rights and liberties regardless of attitude toward religion.  The constitution also bans any limitation of human rights on religious grounds and prohibits actions inciting religious hatred and strife.  The constitution states all religious associations are equal and separate from the state.  The law acknowledges Christianity, Islam, Judaism, and Buddhism as the country’s four “traditional” religions, constituting an inseparable part of the country’s historical heritage.  The law recognizes the “special contribution” of Russian Orthodox Christianity to the country’s history as well as to the establishment and development of its spirituality and culture.

The law states the government may restrict religious rights only to the degree necessary to protect the constitutional structure and security of the government; the morality, health, rights, and legal interests of persons; or the defense of the country.  It is a violation of the law to force another person to disclose his or her opinion of a religion, or to participate or not participate in worship, other religious ceremonies, the activities of a religious association, or religious instruction.

The law states those who violate religious freedom will be “held liable under criminal, administrative, and other legislation.”  The administrative code and the criminal code both punish obstruction of the right to freedom of conscience and belief with imprisonment of up to three years and fines of up to 200,000 rubles ($2,900) or 500,000 rubles ($7,200), depending upon which code governs the offense.

Incitement of “religious discord” is punishable by up to four years in prison.  Under the criminal code, maximum fines and prison sentences for “actions directed to incite hatred or enmity” on the basis of religion may be punished by fines of 300,000 to 500,000 rubles ($4,300 to $7,200), compulsory labor for up to four years, or imprisonment for up to five years.  If these actions are committed with violence by a person with official status (a term which applies to anyone working for the government or state-owned entities, as well as people in management roles at commercial or nongovernment entities), or by a group of individuals, the punishment is 300,000 to 600,000 rubles ($4,300 to $8,600), compulsory labor for up to five years, or imprisonment for up to six years.

The law criminalizes offending the religious feelings of believers; actions “in public demonstrating clear disrespect for society and committed with the intent to insult the religious feelings of believers” are subject to fines of up to 300,000 rubles ($4,300), compulsory labor for up to one year, or imprisonment for up to one year.  If these actions are committed in places of worship, the punishment is a fine of up to 500,000 rubles ($7,200), compulsory labor for up to three years, or a prison sentence of up to three years.

By law, officials may prohibit the activity of a religious association on grounds such as violating public order or engaging in “extremist activity.”  The law criminalizes a broad spectrum of activities as extremism, including incitement to “religious discord” and “assistance to extremism,” but the law does not precisely define extremism or require that an activity include an element of violence or hatred to be classified as extremism.

Being a member of a banned religious association designated as extremist is punishable by up to six years in prison for individuals and up to 12 years for persons with official status.  First time offenders who willingly forsake their membership in banned religious organizations are exempt from criminal liability if they committed no other crimes.

Local laws in several regions, including Kabardino-Balkaria and Dagestan, ban “extremist Islamic Wahhabism” in the territories of these republics but do not define the term.  Administrative penalties are applied for violating these laws.

A Supreme Court’s 2017 ruling criminalized the activity of Jehovah’s Witnesses as “extremist” and banned their activities.  The court’s ruling says that the constitution guarantees freedom of religious beliefs, but this right is limited by other rights, including the “existing civil peace and agreement.”

The law creates three categories of religious associations with different levels of legal status and privileges:  groups, local organizations, and centralized organizations.  Religious groups or organizations may be subject to legal dissolution or deprivation of legal status by a court decision on grounds including violations of standards set forth in the constitution or public security.

The “religious group” is the most basic unit and does not require registration with the state; however, when a group first starts its activities, it must notify authorities in the “location of the religious group activity,” typically the regional Ministry of Justice (MOJ) office.  A religious group may conduct worship services and rituals (but the law does not specify where or how) and teach religion to its members.  It does not have legal status to open a bank account, own property, issue invitations to foreign guests, publish literature, receive tax benefits, or conduct worship services in prisons, state-owned hospitals, or the armed forces.  Individual members of a group may invite foreigners as personal guests to engage in religious instruction, and may import religious material.  According to the law, a religious group may use property bought for the group’s use by its members, or residential property owned or rented by its members, or public spaces rented by its members, to hold services.

A “local religious organization” (LRO) may register with the MOJ if it has at least 10 citizen members who are 18 or older and are permanent local residents.  LROs have legal status and may open bank accounts, own property, issue invitation letters to foreign guests, publish literature, receive tax benefits, and conduct worship services in prisons, hospitals, and the armed forces.  “Centralized religious organizations” (CROs) may register with the MOJ at the regional or federal level by combining at least three LROs of the same denomination.  In addition to having the same legal rights as LROs, CROs also may open new LROs without a waiting period.

To register as an LRO or CRO, an association must provide the following:  a list of the organization’s founders and governing body, with addresses and passport information; the organization’s charter; the minutes of the founding meeting; certification from the CRO (in the case of LROs); a description of the organization’s doctrine, practices, history, and attitudes towards family, marriage, and education; the organization’s legal address; a certificate of payment of government dues; and a charter or registration papers of the governing body in the case of organizations whose main offices are located abroad.  Authorities may deny registration for reasons including incorrect paperwork, failure to meet different administrative requirements, national security reasons, or placement on the list of extremist or terrorist organizations.  Denial of registration may be appealed in court.  The law imposes reporting requirements on CROs and LROs receiving funding from abroad.  They are required to report an account of their activities, a list of leaders, the source of foreign funding, and plans for how the organization intends to use any funds or property obtained through foreign funding.  Reports are annual by default, but the MOJ may require additional ad hoc reports.

Foreign religious organizations (those created outside of the country under foreign laws) have the right to open offices for representational purposes, either independently or as part of religious organizations previously established in the country, but they may not form or found their own religious organizations in the country and may not operate houses of worship.  Foreign religious organizations able to obtain the required number of local adherents may register as local religious organizations.

The government (the MOJ or the Prosecutor General’s Office) oversees a religious organization’s compliance with the law and may review its financial and registration-related documents when conducting an inspection or investigation.  The government may send representatives (with advance notice) to attend a religious association’s events, conduct an annual review of compliance with the association’s mission statement on file with the government, and review its religious literature to decide whether the literature is extremist.  The law contains ongoing reporting requirements on financial and economic activity, funding sources, and compliance with antiterrorist and anti-extremist legislation.  The government may obtain a court order to close those associations that do not comply with reporting or other legal requirements.

The law allows the government to limit the places where prayer and public religious observance may be conducted without prior approval.  LROs and CROs may conduct religious services and ceremonies without prior approval in buildings, lands, and facilities owned or rented by these associations, as well as in cemeteries, crematoria, places of pilgrimage, and living quarters.  Baptism ceremonies in rivers and lakes, as well as services conducted in parks, open spaces, or courtyards, do not fall under this exemption.  In these cases, LROs and CROs must seek government approval at least one week in advance and provide the government with the names of organizers and participants as well as copies of any written materials to be used at the event.

A Ministry of Defense chaplaincy program requires members of a religious group to comprise at least 10 percent of a military unit before an official chaplain of that group is appointed.  Chaplains are not enlisted or commissioned, but are classified as assistants to the commander.  Chaplains are full-time employees of the Ministry of Defense, paid out of the defense budget.  The program allows for chaplains from the four traditional religions only, and calls for at least 250 chaplains.

Federal law, as amended by the so-called Yarovaya Package passed in 2016, defines missionary activity as the sharing of one’s beliefs with persons of another faith or nonbelievers with the aim of involving these individuals in the “structure” of the religious association.  According to the law, in order to share beliefs outside of officially sanctioned sites (which include buildings owned by a religious organization, buildings whose owners have given permission for activities to take place, pilgrimage destinations, cemeteries and crematoria, and indoor spaces of educational organizations historically used for religious ceremonies), an individual must have a document authorizing the individual to share beliefs from a religious group or registered organization.  This letter must be provided to the authorities and the individual must carry a copy of it.  The law explicitly bans any beliefs from being shared in residential buildings without such documentation (unless in the form of a religious service, rite, or ceremony), or on another organization’s property without permission from that organization.  Materials disseminated by missionaries must be marked with the name of the religious association providing the authorization.

Engaging in missionary activity prohibited by law carries a fine of 5,000 to 50,000 rubles ($72 to $720) for individuals and 100,000 to 1,000,000 rubles ($1,400 to $14,400) for legal entities (which includes both LROs and CROs).  Foreign citizens or stateless persons who violate restrictions on missionary activities may be fined 30,000 to 50,000 rubles ($430 to $720) and are subject to administrative deportation.

Several regional governments have their own restrictions on missionary activity.

Republics in the North Caucasus have varying policies on wearing the hijab in public schools.  Hijabs are banned in public schools in Stavropol and Mordovia, rulings that have been upheld by the Supreme Court.  The law in Chechnya permits schoolgirls to wear hijabs.

The law does not provide precise criteria on how written religious materials may be classified as “extremist.”  Within the MOJ, the Scientific Advisory Board reviews religious materials for extremism.  Composed of academics and representatives of the four traditional religions, the board reviews materials referred to it by judicial or law enforcement authorities, private citizens, or organizations.  If the board identifies material as extremist, it issues a nonbinding advisory opinion, which is then published on the MOJ website and forwarded to the prosecutor’s office for further investigation.  In addition to the Scientific Advisory Board, regional experts also may review religious materials for extremism.  In 2009 the MOJ established the Expert Religious Studies Council and gave it wide powers to investigate religious organizations.  Some of the council’s powers include reviewing organizations’ activities and literature and determining whether an organization is “extremist.”  The council also advises the MOJ on the issue of giving religious organization status to a religious group.

Prosecutors may take material to a court and ask the court to declare it extremist, but materials introduced in court during the consideration of administrative, civil, or criminal cases may also be declared extremist sua sponte (i.e., of the court’s own accord).  By law, publications declared extremist by a federal court are automatically added to the federal list of extremist materials.  Courts may order internet service providers to block access to websites containing materials included on the federal list of extremist materials.  There is no legal procedure for removal from the list even if a court declares an item no longer classified as extremist, but lists are reviewed and re-issued on a regular basis and publications may be dropped from lists.  The law makes it illegal to declare the key texts (holy books) of the four traditional religions – the Old and New Testaments of the Bible, Quran, and Tibetan Buddhist Kangyur (Kanjur) – to be extremist.

According to the administrative code, mass distribution, production, and possession with the aim of mass distribution of extremist materials by private individuals may result in 15 days’ imprisonment or a fine of 1,000 to 3,000 rubles ($14 to $43), or 2,000 to 5,000 rubles ($29 to $72) for public officials, as well as the confiscation of these materials.  Courts may suspend for 90 days the operations of legal entities found to be in possession of extremist materials and fine them 100,000 to 1,000,000 rubles ($1,400 to $14,400).  Individuals who produce materials later deemed extremist may not be punished retroactively but must cease production and distribution of those materials.

The law allows the transfer of state and municipal property of religious significance to religious organizations, including land, buildings, and movable property.  The law grants religious organizations using state historical property for religious purposes the right to use such state property indefinitely.  The law prohibits the transfer of living quarters for religious use and the use of living quarters for missionary activity, unless the activity is a part of a “religious service, rite, or ceremony.”

In July the State Duma adopted, and on August 3 the president signed, a new law allowing religious organizations to use buildings that were not originally authorized for religious purposes to be used as such if they were part of a property which served a religious purpose.  The law allows, for example, a group to establish a Sunday school in a warehouse on the property of a church.  If a structure (i.e. the warehouse) does not meet legal requirements and is not made legal by submitting proper paperwork by 2030, it would be destroyed.

Religious education or civil ethics classes are compulsory in all public and private secondary schools.  Students may choose to take a course on one of the four traditional religions, a general world religions course, or a secular ethics course.  Regional and municipal departments of education oversee this curriculum at the local level in accordance with their capacity to offer the courses, and according to the religious makeup of the given location.  There is no requirement for representatives of religious organizations to be licensed to conduct religious education in Sunday schools and home schooling.  Religious instructors in any other state or private school must be licensed to teach religious courses.

The Office of the Director of Religious Issues within the Office of the Federal Human Rights Ombudsman handles complaints about the government’s actions on religious freedom.  The ombudsman may intercede on behalf of those who submit complaints; however, the ombudsman may not compel other government bodies to act or directly intervene in complaints not addressed to the government.

The law entitles individuals and organizations to take religious freedom cases to the European Court of Human Rights (ECHR) in Strasbourg.  The state must pay compensation to a person whose rights were violated as determined by the ECHR and ensure his or her rights are restored to the extent possible.  The Constitutional Court determines whether judgments by international and regional courts, including the ECHR, are consistent with the constitution.

There is compulsory military service for men, but the constitution provides for alternative service for those who refuse to bear arms for reasons of conscience, including religious belief.  The standard military service period is 12 months, while alternative service is 18 months in a Ministry of Defense agency or 21 months in a nondefense agency.  Failure to perform alternative service is punishable under the criminal code, with penalties ranging from an 80,000 ruble ($1,100) fine to six months in prison.

By law, religious associations may not participate in political campaigns or the activity of political parties or movements, or provide material or other aid to political groups.  This restriction applies to religious associations and not to their individual members.

The ROC and all members of the Public Chamber (a state institution established in 2005 and made up of representatives of public associations) are granted the opportunity to review draft legislation pending before the State Duma on a case-by-case basis.  No formal mechanism exists for permanent representation of religious organizations in the Public Chamber, but individuals from both traditional religions and others may be selected to serve on the Chamber, first by the president, then subsequently the selectees themselves select additional members to serve in the group.  The Duma passed legislation in 2007 barring any member of an organization who had been accused of extremism from serving on the Public Chamber.

The law states foreigners or stateless individuals whose presence in the country is deemed “undesirable” are forbidden to become founders, members, or active participants in the activities of religious organizations.  The same is true for individuals whose activities are deemed extremist by the courts or who are subject to prosecution under the law on combating money laundering and the financing of terrorism.  The Duma passed a bill in September restricting any foreign citizen or person without citizenship from entering the country if he or she “participates in the activities of the organizations included in the list of organizations and individuals in respect of whom there is information about their involvement in extremist activities or terrorism[.]”

Religious work is not permitted on humanitarian visas, nor are there missionary visas.  Those engaging in religious work require both a contract with a legally registered religious organization and a work visa.

Under the criminal code, an individual convicted of committing an act of vandalism motivated by religious hatred or enmity may be sentenced to up to three years of compulsory labor or prison.

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

Legal Framework

The constitution provides for freedom of religion and belief, including the right to form, join, and maintain religious associations.  It prohibits religious discrimination and specifies freedom of expression does not extend to advocacy of hatred based on religion.  The constitution permits legislation recognizing systems of personal and family law to which persons professing a particular religion adhere.  It also allows religious observances in state or state-supported institutions, provided they are voluntary and conducted on an equitable basis.  These rights may be limited for reasons that are “reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom” and takes account of “all relevant factors.”  Cases of discrimination against persons on the grounds of religion may be taken to Equality Courts, the South African Human Rights Commission, and the Constitutional Court.  The constitution also provides for the promotion and respect of languages used for religious purposes, including, but not limited to, Arabic, Hebrew, and Sanskrit.

The constitution allows for the presence and operation of the Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities (CRL) with the mission of fostering the rights of communities to freely observe and practice their cultures, religions, and language.  The CRL is an independent national government institution whose chair is appointed by the president and whose commissioners include members of the clergy, scholars, and politicians, among others.

The law does not require religious groups to register; however, registered religious and other nonprofit groups may qualify as public benefit organizations, allowing them to open bank accounts and exempting them from paying income tax.  To register as a public benefit organization, groups must submit a nonprofit organization application, including their constitution, contact information, and list of officers and documentation stating they meet a number of prescribed requirements that largely ensure accounting and tax compliance, to the provincial social development office.  A group registers once with the local office but their status then applies nationwide.  Once registered, the group must submit annual reports on any changes to this information, important achievements and meetings, and financial information, as well as an accountant’s report.

The government allows but does not require religious education in public schools but prohibits advocating the tenets of a particular religion.

The law allows for marriages to be conducted under customary law; however, it applies only to “those customs and usages traditionally observed among the indigenous African people” and may be performed by all religious groups and their leaders.

The constitution grants detained persons visitation rights with their chosen religious counselor.

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