Legal Framework

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

The law, as well as international and European covenants which France adheres to, protects the freedom of individuals to choose, change, and practice their religion.  Interference with freedom of religion is subject to criminal penalties, including a fine of 1,500 euros ($1700) and imprisonment of one month.  Individuals who are defendants in a trial may challenge the constitutionality of any law they say impedes their freedom of religion.

Laws increase the penalties for acts of violence or defamation when they are committed because of the victim’s actual or perceived membership or nonmembership in a given religious group.  Penalties for acts of violence that courts determine are religiously motivated are three to five years’ imprisonment and fines of 45,000-75,000 euros ($51,600-86,000), depending on the severity of the victims’ injuries.  For religiously motivated acts of public defamation, the penalties are one year’s imprisonment and/or a fine of 45,000 euros ($51,600).  The government may expel noncitizens for inciting discrimination, hatred, or violence against a specific person or group of persons based on religion.

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

Religious groups must apply at the local prefecture (the administrative body representing the central government in each department) for recognition as an association of worship and tax-exempt status.  Once granted, the association may use the tax-exempt status nationwide.  In order to qualify, the group’s sole purpose must be the practice of religion, which may include religious training and the construction of buildings serving the religious group.  Among excluded activities are those purely cultural, social, or humanitarian in nature.  The government does not tax associations of worship on donations they receive.  If the prefecture determines an association is not in conformity with its tax-exempt status, however, the government may change that status and require the association to pay taxes at a rate of 60 percent on past, as well as future, donations until it regains tax-exempt status.  According to the MOI, 109 Protestant, 100 Catholic, 50 Jehovah’s Witness, 30 Muslim, and 15 Jewish associations have tax-exempt status.

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

Counterterrorism legislation grants prefects in each department the authority to close a place of worship for a maximum of six months if they find comments, writings, or activities in the place of worship “provoke violence, hatred or discrimination or the commission of acts of terrorism or praise such acts of terrorism.”  The management of the place of worship has 48 hours to appeal the closure decision to an administrative court.  Noncompliance with a closure decision carries a six-month prison sentence and a fine of 7,500 euros ($8,600).  The core provisions of the legislation will expire at the end of 2020 unless renewed by parliament.

The law prohibits covering one’s face in public places, including public transportation, government buildings, and other public spaces, such as restaurants and movie theaters.  If police encounter a person in a public space wearing a face covering such as a mask or burqa, they are legally required to ask the individual to remove it to verify the individual’s identity.  Police officials may not remove it themselves.  If an individual refuses to remove the garment, police may take the person to the local police station to verify his or her identity.  Police may not question or hold an individual for more than four hours.  Refusing a police instruction to remove a face-covering garment carries a maximum fine of 150 euros ($170) or attendance at a citizenship course.  Individuals who coerce another person to cover his or her face on account of gender by threat, violence, force, or abuse of power or authority are subject to a fine of up to 30,000 euros ($34,400) and may receive a sentence of up to one year in prison.  The fine and sentence are doubled if the person coerced is a minor.

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

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

Public schools are secular.  The law prohibits public school employees and students from wearing “conspicuous religious symbols,” including the Muslim headscarf, Jewish skullcap, Sikh turban, and large Christian crosses.  Public schools do not provide religious instruction, except in Alsace-Moselle and overseas departments and territories.  In Alsace-Moselle, religious education is compulsory in public primary and secondary schools, although students may opt for a secular equivalent with a written request from their parents.  Religious education classes are taught by members of the faiths concerned and are under the control of the respective churches.  Elsewhere in mainland France, public schools teach information about religious groups as part of the history curriculum.  Parents who wish their children to wear conspicuous religious symbols or to receive religious instruction may homeschool or send their children to a private school.  Homeschooling and private schools must conform to the educational standards established for public schools.

By law, the government subsidizes private schools, including those affiliated with religious organizations.  In 98 percent of private schools, in accordance with the law, the government pays the teachers’ salaries, provided the school accepts all children regardless of an individual child’s religious affiliation.  The law does not address the issue of religious instruction in government-subsidized private schools or whether students must be allowed to opt out of such instruction.

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

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

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

On June 23, the General Directorate for Internal Security (DGSI) arrested 10 men linked to a suspected far-right extremist plot to attack Muslims, according to media reports.  The suspects were arrested in the Paris and southwestern regions and on the island of Corsica and charged with criminal association with a terrorist enterprise.  Among the detainees was a retired police officer whom investigators considered the head of the network.  The suspects, who were previously unknown to authorities, reportedly had an “ill-defined plan to commit a violent act targeting people of the Muslim faith,” according to a source close to the investigation.  LCI TV reported the group was planning to “target radical imams, Islamist inmates released from prison, and veiled women chosen at random in the streets.”  In a June 24 statement, Interior Minister Gerard Collomb hailed the arrests and welcomed “DGSI’s constant commitment to the protection of the French people from any violent action, no matter where it comes from.”

In January investigating magistrates dismissed the court case against Lebanese-Canadian academic Hassan Diab, who was charged with bombing a synagogue in Paris during Sabbath prayers in 1980, killing four and injuring 40.  The magistrates said they found the evidence against Diab inconclusive and ordered his release.  Prosecutors appealed Diab’s discharge, and on October 26, the Paris Appeals Court requested additional expert testimony before ruling.  The court had not issued a ruling by year’s end.  Diab was extradited from Canada in 2014.

On July 10, a senate report stated authorities had closed four places of worship under the counterterrorism law between November 1, 2017 and June 8.  On December 13, the newspaper La Voix du Nord reported the prefect of the North Department applied the counterterrorism law to close the As-Sunnah prayer room in Hautmont for six months.  According to a statement issued by the prefecture, the prayer room’s activities and the ideas disseminated there “provoke violence, hatred, and discrimination, and praise acts of terror,” and the prefecture closed the prayer room “with the sole purpose of preventing the commission of acts of terrorism.”

On April 20, authorities expelled Algerian imam El Hadi Doudi, the leader of the Salafist As-Sounna Mosque in Marseille, to Algeria.  This decision followed the closing of As-Sounna for six months by the Bouches-du-Rhone Prefecture in December 2017 because of what it stated was Doudi’s radical preaching, which, according to press reports, inspired attendees to join ISIS.  According to authorities, sermons at the As-Sounna Mosque, sometimes disseminated via internet, preached in favor of armed jihad and the death penalty for adulterers and apostates, and used insulting or threatening terms towards Jews.  The As-Sounna Mosque, which had approximately 800 worshippers for its Friday prayers before its closure, was one of 80 places of Islamic worship in Marseille.  The mosque did not reopen after the six-month closure, because, according to the Marseille online newspaper Marsactu, the city of Marseille invoked its legal “preemption right” to take possession of the site.  According to a report in Le Parisien newspaper in May citing an interior ministry source, the purposed of the preemption was to prevent the mosque from reopening, while according to a report in La Provence newspaper citing a source in the Marseille municipality, the city acquired the property for purposes of urban renewal.

In an April 12 interview, President Macron stated his intent to “fight against Salafism and extremism,” which he described as “a problem in our country.”  In September Interior Minister Collomb stated that since 2017, the country had expelled 300 radical imams.

On May 16, the prefect of the Herault Department closed a small Muslim prayer room in in a townhouse in Gigean, which the authorities said they had considered a Salafist “reference point” for six months.  According to the prefectural decree posted on the townhouse, the prayer room was “an influential place of reference of the Salafist movement, advocating a rigorous Islam, calling for discrimination, hatred and violence against women, Jews, and Christians.”  Information as to whether the prayer room reopened after the six-month period was unavailable at year’s end.

The government continued to deploy 7,000 security forces throughout the country to protect sensitive sites, including vulnerable Catholic, Jewish, and Muslim sites and other places of worship.  On March 30, NGO Human Rights Without Frontiers reported the government deployed 70,000 law enforcement personnel from March 31 until April 7 to protect places of worship during Easter celebrations.

In April authorities denied an Algerian woman citizenship for refusing to shake hands with male officials at a French nationalization ceremony in the Department of Isere in the Auvergne-Rhone-Alpes Region due to her religious convictions.  The country’s top administrative court, the Council of State, ruled there were sufficient grounds to do so since the woman’s refusal “in a place and at a moment that are symbolic, reveals a lack of assimilation,” and that the decision was not detrimental to her freedom of religion.

On September 4, a court in Nanterre fined the Union of Clichy Muslim Association (UAMC) 17,000 euros ($19,500) for organizing Friday street prayers on 34 occasions without first informing city or prefecture officials of its plans.  The UAMC had been conducting the street prayers as a protest in front of the mayor’s office in Clichy-la-Garenne, after the town declined to renew the UAMC’s lease on a space it had been using as a mosque and expelled the group from the site in 2017.  The UAMC had rejected as inadequate an alternative space offered by the town.

According to the Ministry of Justice, as of August 2017 the penitentiary system employed the following number of chaplains:  695 Catholic, 347 Protestant, 224 Muslim, 76 Jewish, 54 Orthodox Christian, 170 Jehovah’s Witness, and 19 Buddhist.  In detainee visiting areas, visitors could bring religious objects to an inmate or speak with the prisoner about religious issues but could not pray.  Prisoners could pray in their cells individually, with a chaplain in designated prayer rooms, or, in some institutions, in special apartments where they could receive family for up to 48 hours.

On June 19, the administrative court of Nice ordered the Mayor of Cannes to refund a fine levied on a woman for violating an “anti-burkini order” at the beach.  In August 2016, municipal police had fined the woman and told her she could not remain at the beach while wearing a burkini.  After the terrorist attack in Nice in 2016, Cannes and several other coastal cities banned burkinis on the beaches.  However, later that same year, the Council of State ruled that these decrees were illegal.

On August 10, the UN Human Rights Committee (UNHRC) criticized a 2014 Supreme Court ruling upholding the 2008 dismissal of a woman from a private nursery in the town of Chanteloup-les-Vignes for refusing to remove her veil at work.  The council stated that prohibiting a person from wearing a headscarf in the workplace interfered with her right to manifest her religion.

On October 23, the UNHRC found the country violated the human rights of two women by fining them for wearing niqabs in two separate cases in 2012.  The committee received the complaints in 2016 and issued the decisions in the two cases concurrently.  The government had 180 days to report to the committee action taken to respond to the violation and to prevent similar violations in the future.  On October 23, the government issued a statement declaring “the total legitimacy of a law [prohibiting concealment of the face in public spaces] whose goal is to uphold the conditions for living together harmoniously while fully exercising one’s civil and political rights,” and adding, “Everyone is free to appear in public wearing clothing that expresses a religious conviction, so long as it allows the face to be seen.”  The statement cited a ruling by the country’s Constitutional Court that the law complied with the constitution and a European Court of Human Rights ruling that the law did not infringe upon freedom of conscience or religion and was not discriminatory.  In its statement, the government said it would convey its views in a follow-up report to the UNHRC.

On December 11, the senate adopted a resolution reaffirming the importance of the 2010 law prohibiting the concealment of the face in public spaces and calling on the government to maintain the legal framework “relative to the wearing of the full-face Islamic veil in the public space.”

UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Fionnuala Ni Aoilain expressed concern that counterterrorism legislation enacted in 2017 restricted freedom of religion, movement, and expression in the country.  After a weeklong visit in May, Ni Aoilain said, “the scope of these measures constitutes a de facto state of qualified emergency in ordinary French law.”  She said the government treated Muslims as a “suspect community” through the “broad application” of counterterrorism law and called the closure of mosques a restriction on religious freedom.

Pursuant to the 2014 agreement between France and the United States on Compensation for Certain Victims of Holocaust-Related Deportation from France Who Are Not Covered by French Programs, the United States established the Holocaust Deportation Claims Program.  Under the agreement, which entered into force on November 1, 2015, France provided a lump sum of $60 million to the United States for distribution to eligible claimants.  At year’s end, payments to claimants from this fund totaled $30,028,500.

Speaking on March 19 at the National Museum of the History of Immigration in Paris, Prime Minister Edouard Philippe announced the broad outlines of a three-year national action plan, covering the 2018-2020 period, to combat racism and anti-Semitism in the country, with a strong focus on countering online hate content.  Accompanied by seven other ministers and the head of the Interagency Delegation to Counter Racism, Anti-Semitism and Anti-LGBT Hatred (DILCRAH), Philippe stated the action plan would have four key targets:  countering online hate content; improving victim protection services; anti-racism education; and developing new areas of mobilization against hate.

The plan would encompass specific measures, including:  advocating for an EU-level law to require social media platforms to more quickly remove hate content on their servers; imposing heavy fines on social media companies that failed to remove hate content within 24 hours; increasing the capacity and staffing of the government’s Pharos online platform to register and remove online hate content; creating a national anti-racism prize named after Ilan Halimi, a young Jewish man killed in 2006, to recognize the efforts of youth fighting racism and anti-Semitism; and launching a campaign to increase awareness of racism in sport.  The prime minister said a three-person committee would develop the details of the action plan and submit it to the government for review and implementation.

In a July 5 speech before the Representative Council of Jewish Institutions in France (CRIF), then-Interior Minister Collomb announced the extension of law enforcement’s online “precomplaint” system to racist and anti-Semitic acts in order to facilitate action and “prosecute anti-Semitic offenders even more effectively.”  The system previously was restricted to property crimes.  Grievants may submit their identity and contact information, the location of an incident, and other relevant facts on a government website and, after filling out the precomplaint, go to a police station to sign and validate the complaint to initiate an investigation.

On May 15, the Observatory for Secularism, a body comprised of 15 senior civil servants, parliamentarians, legal experts, and intellectuals who advise the government on the implementation of the “principle of secularism,” released its fifth annual report evaluating secularism in schools, public spaces, and hospitals.  According to the report, the subject of secularism remained a sensitive one, although “direct attacks on secularism” were not widespread.  The report stated there was a need for training and education to overcome “deep ignorance” of the law.

President Macron delivered his New Year’s greetings to the country’s religious communities at the Elysee Presidential Palace on January 4.  He welcomed two representatives each from Catholic, Protestant, Orthodox, Muslim, Jewish, and Buddhist groups.  Prime Minister Philippe and then-Interior Minister Collomb also attended.  Macron’s speech focused mainly on secularism, which he underlined as a fundamental pillar of the country, before highlighting the essential place for religion in society and the importance of teaching theology.  The president hailed the role played by Christian charitable organizations in assisting refugees while recalling the “ethical tension” between the right of asylum and “the reality of our society, its capacity to welcome.”  Macron also said he would meet religious community leaders on a regular basis behind closed doors to consult on various topics.  He cited the need to “structure” Islam in the country and to train imams to fight radicalization.  “I will help you,” he said.

On June 12, then-Interior Minister Collomb attended an iftar hosted by the French Council of the Muslim Faith (CFCM), the official government structure responsible for relations with the country’s Muslim community.  Collomb, whose ministry oversees government relations with religious communities, strongly defended secularism and stated the government “will never accept … the stigmatization of a religion” nor “to reduce Islam to Islamism.”  He said the country must focus on the preventing radicalization, training for imams, sources of financing of mosques, and structuring the administration of Islam in the country.  “It is up to the Muslims of France to address these issues in the long-term,” he said.  Attendees at the event included Muslim community leaders, interfaith leaders, other government officials, and ambassadors.

On June 25, then-Minister Collomb announced a nationwide consultation process with the Muslim community to reform the organization and the funding of Islam in the country.  Prefects in each department would hold listening sessions with local representatives from the Muslim community on issues related to institutional representation, financing of Islamic places of worship, and training of imams.  He stated the dialogue would strive to include all the diversity of the Muslim community, including younger and female voices, as well as civil society members, according to an administrative circular he sent to prefects.  The government said it expected to release the results of the dialogue in 2019.

Speaking before the Conference of Catholic Bishops of France (CEF) on April 9, President Macron said he supported “repairing” ties between the state and the Catholic Church.  Macron was the first sitting president to speak at a CEF event.  He stated the Catholic Church should engage in the political debate on key issues important to the Church, such as treatment of migrants, possible legislative changes concerning bioethics, and medically assisted reproduction for single women and lesbian couples, and generally encouraged Catholics to engage more in politics.  His appearance generated criticism from left-wing politicians, including Jean-Luc Melenchon, Alexis Corbiere, and Olivier Faure, who said it flouted the strict separation of church and state mandated by the law on secularism.

President Macron met with Pope Francis at the Vatican on June 26 to discuss immigration and other challenges facing Europe.  The Vatican described the meeting as “cordial” and said it highlighted the “good existing bilateral relations” between the two nations.  Speaking later to the press, Macron described the meeting as “intense” and said he told Pope Francis that the “progressive way to handle the migrant crisis was through a true policy of development for Africa.”

On January 9, Prime Minister Philippe, then-Interior Minister Collomb, Justice Minister Nicole Belloubet, and government spokesperson Benjamin Griveaux attended a memorial ceremony outside a Paris kosher supermarket, where two years earlier a gunman had killed four Jews and held 15 other people hostage.  Former President Francois Hollande and former Prime Ministers Manuel Valls and Bernard Cazeneuve also attended the event.

On July 22, Prime Minister Philippe held a ceremony in Paris honoring the victims of the Velodrome d’Hiver roundup of July 1942 in which 13,000 French Jews, including 4,000 children, were deported to extermination camps.  “There is one area in which we must do better, that of the restitution of cultural property,” stolen during the Nazi occupation, Philippe said.  A Ministry of Culture report submitted in April to Culture Minister Francoise Nyssen criticized the current policy of restitution as inefficient and lacking ambition, coordination, leadership, and visibility.  As a result, the Commission for the Compensation of the Victims of Spoliation was to examine all cases of restitution and transmit its recommendations to the prime minister, according to an official statement released by the Ministry of Culture.  In addition, the Ministry of Culture said it would take a more active role in the search and restitution of stolen properties.  The report identified 2,008 cultural works with no identified owner.

Recalling his plan to fight racism and anti-Semitism launched in March, Prime Minister Philippe reiterated his “absolute desire to change French law and European law to remove hate content on the internet, to unmask and punish its authors.”

President Macron and government ministers condemned anti-Semitism and declared support for Holocaust education on several occasions including the March 7 annual CRIF dinner; the March 19 commemoration of the sixth anniversary of the killings of three Jewish children and their teacher by Mohammed Merah in Toulouse; the April 30 Holocaust Remembrance Day commemoration; and the June 1 French Judaism Day observance.

In a November 9 Facebook post, Prime Minister Philippe announced the number of anti-Semitic acts committed in the first nine months of the year rose by 69 percent compared to the same period in 2017.  Philippe did not quote the exact numbers of anti-Semitic acts or their nature, such as physical attacks, threats, or vandalism.  Underlining that his announcement coincided with the 80th anniversary of the Kristallnacht pogrom by the Nazis against Jews, PM Philippe wrote, “Every aggression perpetrated against one of our citizens because they are Jewish echoes like the breaking of a new crystal…. We are very far from being finished with anti-Semitism.”  Referencing Elie Wiesel’s “danger of indifference,” Philippe pledged the government would not be indifferent and recalled recent acts taken to combat anti-Semitism.  Acts he cited included toughening of rules against hate speech online; mobilizing a national rapid-response team from the Ministry of Education and DILCRAH to support teachers reporting cases of anti-Semitism; and the trial use of a network of investigators and magistrates specifically trained in the fight against hate acts, which could later be extended nationwide.

On December 20, Education Minister Jean-Michel Blanqer announced the launch of an online platform that teachers could use to report cases of anti-Semitism and racism to the education ministry.

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

As part of an established exchange program, the government continued to host the visit of 30 Moroccan, 120 Algerian, and 151 Turkish imams to promote religious tolerance and combat violent extremism within Muslim communities.  The imams’ countries of origin paid their salaries.  During Ramadan, when there was an increased number of worshippers, between 250 and 300 imams came to France temporarily.

On June 11, the Diocese of Vannes moved a 25-foot-tall statue of Saint Pope John Paul II from public land in Ploermel in Brittany to a Catholic school in the same town.  In 2017, the Council of State had ruled the statue could remain on public land but ordered the removal of the cross on the statue within six months because it violated the law separating church and state.  Rather than removing the cross, the diocese elected to move the entire statue to Church-owned land.  Some Christians and politicians criticized the decision, calling it another example of efforts to erase the country’s Christian heritage.

Legal Framework

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to civil society reports, there were at least 77 individuals imprisoned on blasphemy charges, at least 28 under sentence of death, although the government has never executed anyone specifically for blasphemy.  Some of these cases began before the beginning of the year and were not previously widely known.  According to data provided by NGOs, authorities registered at least seven new blasphemy cases against seven individuals during the year.  The Supreme Court acquitted two persons charged with blasphemy during the year; a third case was closed due to the death of the accused while awaiting trial, while other blasphemy cases continued without resolution.  At least three individuals were accused of spreading blasphemous content through social media under a 2016 law criminalizing online blasphemy.  Civil society groups continued to state that the blasphemy laws disproportionately impacted members of religious minority communities.  Persons accused of blasphemy were often simultaneously charged with terrorism offenses.  NGOs continued to report lower courts often failed to adhere to basic evidentiary standards in blasphemy cases.

On October 31, the Supreme Court acquitted Asia Bibi, a Christian woman sentenced to death for blasphemy in 2010.  Authorities arrested Bibi in June 2009 after a group of Muslim women with whom she was arguing accused her of blasphemy against the Prophet Muhammad.  In a supporting opinion, Justice Asif Saeed Khosa criticized the false testimony of the prosecution witnesses and warned that the witnesses’ insults to Bibi’s religion combined with false testimony was also “not short of being blasphemous.”  While Bibi was officially released from jail following the Supreme Court ruling, she remained in government’s protective custody because of threats to her life.  Media reported that her family went into hiding after the verdict.

The Supreme Court ruling on the Bibi case was followed by three days of violent, nationwide protests by the antiblasphemy movement TLP, whose leaders called for the assassination of the judges who ruled in the case.  On October 31, immediately after the verdict, Prime Minister Imran Khan condemned threats against the judiciary and military and said the government would act, if necessary, to counter disruptions by protesters.  Minister of State for Interior Shehryar Afridi, however, blamed violence during the protests on opposition parties, rather than the TLP, and said the government would seek dialogue with the TLP.  Protestors sought a judicial review of the court’s judgement, for which Bibi’s original accuser later petitioned.  In what was described as an effort to end the violent protests, the government pledged it would not oppose further judicial review of the case; the review remained pending at year’s end.  The government later undertook a sustained campaign of detentions and legal charges against TLP leadership and violent protestors.  It characterized its crackdown as an assertion that laws and courts rather than street justice would prevail when blasphemy charges were under consideration.  The original accuser’s petition for a judicial review of Bibi’s case remained pending at year’s end, although most sources believed it was likely to be dismissed.

Media reported that a Lahore district judge sentenced two Christian brothers from Lahore, Qaisar and Amoon Ayub, to death on December 13 for insulting the Prophet Mohammed in articles and portraits posted on their website in 2010.  The brothers had been in Jhelum Prison since 2014.

In January authorities in Lahore arrested two young Christian cousins, Patras and Sajid Masih, for alleged blasphemy after protestors threatened to burn them and their family home with gasoline.  Family members said Patras Masih had been framed for blasphemy on social media when he took his mobile phone to a repair shop, while media said he got into a dispute with Muslim youths over a cricket match.  Sajid Masih was severely injured after jumping from the fourth floor window of an FIA interrogation room.  According to media reports, he said police tortured him and ordered him to sexually assault his cousin, and he leaped out the window to escape.  Patras Masih remained in custody, and many Christian families fled the neighborhood.

According to NGOs, the Lahore High Court’s Rawalpindi bench postponed hearing the appeal of Zafar Bhatti multiple times.  Bhatti, a Christian, was sentenced to life in prison for allegedly sending blasphemous text messages in 2012.

In October police arrested a Muslim man in Sadiqabad, Khanewal District, Punjab, who claimed to be the “11th Caliph.”  Police arrested the man and charged him with blasphemy after videos of his statements circulated online.  At year’s end, he was awaiting trial.

Courts again overturned some blasphemy convictions upon appeal, after the accused had spent years in prison.  On March 13, Punjab provincial judges acquitted Christian school director Anjum Sandhu of blasphemy after an Anti-Terror Court (ATC) sentenced him to death in 2016.  According to media reports, two men had fabricated a recording of what was termed blasphemous speech and attempted to use it to extort money from Sandhu.  When Sandhu went to police to register a complaint of extortion, police had demanded more money from Sandhu and brought a blasphemy case against him.

According to NGOs and media reports, individuals convicted in well-publicized blasphemy cases from previous years – including Nadeem James, Prakash Kumar, Taimoor Raza, Mubasher, Ghulam, and Ehsan Ahmed, Sawan Masih, Shafqat Emmanuel, Shagufta Kausar, Sajjad Masih Gill, and Liaquat Ali – remained in jail and continued to await action on their appeals.

In February an ATC convicted 31 individuals for their role in the 2017 killing of university student Mashal Khan for alleged blasphemy.  The ATC sentenced the primary shooter to death, five others to life in prison, and 25 individuals to four years’ imprisonment.  The Peshawar High Court later suspended the sentences and released on bail the group of 25 individuals.

Authorities charged 15 Ahmadis in connection with the practice of their faith during the year, according to Ahmadiyya Muslim community leaders.  Among these, two Ahmadis were arrested and charged with blasphemy, and two others were charged for offering a sacrifice at Eid al-Adha.  According to Ahmadiyya community members and media reports, authorities took no action to prevent attacks on mosques or punish assailants who demolished, damaged, forcibly occupied, or set Ahmadi mosques on fire.  The government sealed an Ahmadi mosque in Sialkot on May 14.  Social media videos of a crowd demolishing the mosque on May 24 showed a city administration official taking part in the demolition and thanking local authorities, including the police, for their “support” in allowing the crowd to attack the site.  According to the media reports, the official was a member of the Pakistan Tehreek-e-Insaf (PTI) party, which assumed power later in the year, although the party denied this and condemned the attack.

In September the newly-elected government withdrew its invitation to economist and Ahmadi Muslim Atif Mian to join the Economic Advisory Council after significant public criticism, including from religious leaders.  Clerics urged the government to take further steps to ensure no Ahmadis could serve in key government positions.  In a conference organized by UN-designated terrorist Hafiz Saeed in October, Minister of Religious Affairs and Interfaith Harmony Qadri said the “Government and the Prime Minister of Pakistan will always stand against Ahmadis.”  In March the IHC issued a judgment requiring citizens to declare an affidavit of faith to join the army, judiciary, and civil services and directed parliament to amend laws to ensure Ahmadis did not use “Islamic” terms or have names associated with Islam.  Neither the National Assembly nor the Senate had acted on this judgment by year’s end, but Ahmadiyya community representatives said the NADRA began requiring Ahmadis to declare in an affidavit that they are non-Muslims to obtain a national identification card, another requirement of the IHC judgment.

According to civil society and media reports, there were instances in which the government intervened in cases of intercommunal mob violence.  In September government officials negotiated a “peace accord” in Faisalabad, Punjab, after a dispute between largely Sunni Muslim and Ahmadi Muslim youths led to an attack on an Ahmadi mosque.  The agreement bound both sides to eschew further violence but required the Ahmadis to pay for the damage to their mosque.

Police also intervened on multiple occasions to quell mob violence directed at individuals accused of blasphemy.  On April 19, a crowd surrounded a family in Karachi, reportedly believing they were the source of blasphemous graffiti.  Police moved the family to a safe location, registered a blasphemy case against “unknown subjects,” and dispersed the crowd.  According to media reports, in August police prevented a crowd from setting fire to Christian homes in Gujranwala after a Christian man, Farhan Aziz, was arrested for allegedly sending blasphemous text messages.

On July 31, police filed charges against Parachand Kohli, a 19-year-old Hindu man in Mirpurkhas, Sindh, for posting blasphemous remarks on Facebook.  Local journalists reported that the suspect was deeply upset by his sister’s conversion to Islam and the intent of other family members to convert.

More than 40 Christian men remained in Kot Lakhpat Jail in Lahore, accused of lynching two Muslim men after terrorists bombed two Christian churches in March 2015.  An ATC indicted the men on charges of murder and terrorism in 2016.  The trial had not concluded at year’s end, and media and other sources reported that the deputy district prosecutor offered to drop charges against anyone who would convert to Islam.  Multiple legal advocacy groups representing the men reported conditions in the jail continued to be poor and had already contributed to the death of two prisoners in previous years.

Historically, Hindu and Sikh leaders had noted the legal uncertainty surrounding the process of registering marriages for their communities created difficulties for Hindu and Sikh women in obtaining inheritances, accessing health services, voting, obtaining a passport, and buying or selling property.  Observers stated the enactment of the 2016 Sindh Hindu Marriage Act and its 2018 amendments and the 2017 Hindu Marriage Act addressed many of these problems and also codified the right to divorce.  In September the first intercaste Hindu marriage in Sindh was registered under the 2016 Sindh Hindu Marriage Act, and media cited the law as helping the intercaste couple contract their free-will marriage despite community opposition.

Religious minorities said they remained concerned that government action to address coerced conversions of religious minorities to Islam was inadequate.  Minority rights activists in Sindh cited the failure to pass a 2016 Sindh bill against forced conversions as an example of government retreating in the face of pressure from religious parties.  Media and NGOs, however, reported some cases of law enforcement helping in situations of attempted forced conversion.  In March the Center for Legal Aid, Assistance and Settlement (CLAAS) reported one victim of a forced marriage and conversion, Kinza, obtained a restraining order against her husband after she returned to her parents’ home.  She had previously testified in court that she wanted to live with her Muslim husband.  On October 23, police recovered an 11-year-old Hindu girl in Matiari, Sindh two days after she was abducted by a Muslim man who claimed he had married her after she converted to Islam.  The girl told police she was abducted and raped.  According to local police, the court returned the girl to her family and charged the accused with abduction, then released him on bail.

The government selectively enforced its previous bans on the activities of, and membership in, some religiously oriented groups it judged to be extremist or terrorist.  The Ministry of Interior maintained multitier schedules of groups that were either banned or had their activities monitored and curtailed (Schedule 1) and individuals whose activities in the public sphere could also be curtailed, including during religious holidays such as Ashura (Schedule 4).  In February then President Mamnoon Hussain issued a decree to ban UN-listed Jamaat-ud-Dawa (JuD, a political front of terrorist organization Lashkar-e-Tayyiba) and its charity wing Falah-i-Insaniyat Foundation, but did not place either group on Schedule 1, which would have mandated the government detain group leader Hafiz Saeed.  The ban lapsed in October after the government failed to convert the presidential decree into law.  Other groups including LeJ, Sipah-i-Sahaba Pakistan, and Jaish-e-Muhammad remained on Schedule 1, but groups widely believed to be affiliated with them continued to operate to various degrees.  The government permitted some of these parties and individuals affiliated with banned organizations to contest the July 25 general elections, including anti-Shia group Ahle Sunnat Wal Jamaat (ASWJ), whose ban the Ministry of Interior lifted shortly before the elections.

According to Ahmadiyya community leaders, authorities continued to target and harass Ahmadi Muslims for blasphemy, violations of “anti-Ahmadi laws,” and other crimes.  Ahmadiyya leaders stated the ambiguous wording of the legal provision forbidding Ahmadis from directly or indirectly identifying themselves as Muslims enabled officials to bring charges against members of the community for using the standard Islamic greeting or for naming their children Muhammad.

While the law required a senior police official to investigate any blasphemy charge before a complaint could be filed, NGOs and legal observers continued to state that police did not uniformly follow this procedure, and that if an objective investigation were carried out by a senior authority, many blasphemy cases would be dismissed.  According to religious organizations and human rights groups, while the majority of those convicted of blasphemy were Muslim, religious minorities continued to be disproportionately accused of blasphemy relative to their small percentage of the population.  NGOs and legal observers also stated police continued not to file charges against many individuals who made false blasphemy accusations.

In October proposed amendments to the penal code to discourage individuals from making false blasphemy accusations, initiated by the Senate Human Rights Committee in December 2016, failed after the ruling PTI party withdrew support.  Senior PTI leaders requested adjournment of discussion of the amendments in the National Assembly and the Senate in September and October, and the media reported Minister of Religious Affairs and Interfaith Harmony Qadri said PTI members would “forcefully oppose” any change to the blasphemy laws.  Despite an August 2017 directive from the IHC, the parliament took no public action to amend the penal code to make the penalties for false accusations of blasphemy commensurate with those for committing blasphemy, and the PTI withdrew the related bill in September.

Some sources said there were instances in which government entities, including law enforcement entities, were complicit in the practice of initiating blasphemy complaints against neighbors, peers, or business associates to intimidate them or to settle personal grievances.  Legal observers also said some police failed to adhere to legal safeguards and basic evidentiary standards in blasphemy cases.  Sometimes lower-ranking police would file charges of blasphemy, not a senior police superintendent who had more authority to dismiss baseless claims, as required by law, or a thorough investigation would not be carried out.  At the same time, media reports and legal observers said some authorities took steps to protect individuals from unfounded accusations of blasphemy, often at risk to their own safety.

Ahmadiyya leaders continued to report the government hindered Ahmadis from obtaining legal documents and pressured community members to deny their beliefs by requiring individuals wishing to be listed as Muslim on identity cards and passports to swear the Prophet Muhammad was the final prophet of Islam and the Ahmadiyya movement’s founder was a false prophet.  Ahmadiyya community representatives reported the word “Ahmadi” was written on their passports if they identified themselves as such.  According to Ahmadiyya leaders, the government effectively disenfranchised their community by requiring voters to swear an oath affirming the “finality of prophethood”, something against Ahmadi belief, in order to register as Muslims.  Since voters who registered as Ahmadis were kept on a separate voter list, they said they were more exposed to threats and physical intimidation, and many Ahmadis continued their longstanding boycott of the political process by not voting in the July 25 general elections.

Members of the Sikh community reported that although the Sindh Hindu Marriage Act covers registration of Sikh marriages, they were seeking a separate Sikh law so as not to be considered part of the Hindu religion.  Some local administrative bodies continued to deny Christian and Ahmadi marriage registrations; advocates called for a new law governing Christian marriages, as the existing regulation dated to 1872.

The government continued to fund and facilitate Hajj travel for most Muslims, but Ahmadis were unable to participate in the Hajj, community leaders said, because of passport application requirements to list religious affiliation and denounce the Ahmadiyya prophet.

The government continued to prohibit citizens, regardless of religious affiliation, from traveling to Israel.  Representatives of the Baha’i community said this policy particularly affected them because the Baha’i World Center – the spiritual and administrative center of the community – was located in Israel.

According to media reports and law enforcement contacts, in the weeks leading up to and during the Islamic month of Muharram – religiously significant for Shia Muslims – authorities at the federal and provincial levels restricted the movement and activities of dozens of clerics on the Ministry of Interior’s Schedule 4.  According to civil society and media reports, the government restricted the movement and activities of these individuals because they were known for exacerbating sectarian tensions.  Provincial governments deployed hundreds of thousands of police and other security personnel to protect Shia religious ceremonies across the country during the commemoration of Ashura, which passed peacefully for the second year in a row.

Religious minority leaders continued to state the system of selecting minority parliamentarians through the internal deliberations of mainstream parties resulted in the appointment of party stalwarts or those who could afford to “buy the seats,” rather than legislators who genuinely represented minority communities.  They also stated the system discouraged the election of minority women, who were rarely in a position of sufficient influence within the major political parties to contend for a seat.  In the July 25 general elections, Mahesh Kumar Malani became the first Hindu to be directly elected to the National Assembly rather than picked for a reserved seat, 16 years after non-Muslims won the right to vote and contest for general seats.  Another Hindu candidate, Hari Ram Kishori Lal, was directly elected to the Sindh Provincial Assembly in the general elections.

The requirement that Muslim elected officials swear an oath affirming their belief that the Prophet Muhammed is the final prophet of Islam continued to discourage Ahmadi Muslims from seeking public office.  In order to seek office, Ahmadis would be forced to do so as non-Muslims, despite self-identifying as Muslim.

The government continued to permit limited non-Muslim foreign missionary activity and to allow missionaries to proselytize as long as they did not preach against Islam and they acknowledged they were not Muslim.  According to the government’s immigration website, it grants visas to foreign missionaries valid from one to two years and allows two entries into the country per year, although only “replacement” visas for those taking the place of departing missionaries were available for missionaries seeking to enter the country for the first time.  Non-Muslim missionaries, some of whom had been working in the country for many years, said they continued to be denied visas, given short extensions, or received no response from immigration authorities before their visas expired.  Others were allowed to remain in the country while appeals of their denials were pending.

The government continued its campaign against blasphemy on social media, although with less intensity than in 2017.  Media observers reported a decline in political statements and in the number of text messages sent by the PTA warning them that uploading or sharing blasphemous content on social media were punishable offenses under the law.  The decline in political rhetoric and official warnings corresponded with the conclusion of general elections on July 25; however, the broader crackdown on online blasphemous content continued.  In July the Senate directed the PTA to immediately block all websites and pages containing blasphemous material, due to what was reported to be increased concern regarding blasphemous content on social media.  In a 2017-2018 report, the PTA stated it had blocked 31,963 websites for containing blasphemous material.  Human rights activists continued to express concern the government would use this initiative as a pretext to suppress views on the internet that differed from those of the government, including on religious issues.

According to representatives of some minority religious groups, the government continued to allow organized religious groups to establish places of worship and train members of the clergy.  Although there continued to be no official restriction on the construction of Ahmadiyya places of worship, local authorities regularly denied requisite construction permits, and Ahmadis remained forbidden to call them mosques.

According to Ahmadiyya community members, Ahmadi mosques previously sealed by the government and later demolished remained sealed and unrepaired.

Legal experts and NGOs continued to state that the full legal framework for minority rights remained unclear.  While the Ministry of Law and Justice was officially responsible for ensuring the legal rights of all citizens, in practice the Ministry for Human Rights assumed primary responsibility for the protection of the rights of religious minorities.  The NCHR was also mandated to conduct investigations into allegations of human rights abuses, but legal sources said the commission had little power to enforce its requests.

Members of religious minority communities said there continued to be inconsistent application of laws safeguarding minority rights and enforcement of protections of religious minorities at both the federal and provincial levels by the federal Ministry of Law and Justice, as well as by the federal Ministry of Human Rights and its provincial counterparts.  They also stated the government was inconsistent in safeguarding against societal discrimination and neglect, and official discrimination against Christians, Hindus, Sikhs, and Ahmadiyya Muslims persisted to varying degrees, with Ahmadiyya Muslims experiencing the worst treatment.

Legal observers continued to raise concerns regarding the failure of lower courts to adhere to basic evidentiary standards in blasphemy cases, which led to some convicted persons spending years in jail before higher courts overturned their convictions and freed them for lack of evidence.  According to legal advocacy groups, lower courts reportedly continued to conduct proceedings in an intimidating atmosphere, with members of antiblasphemy groups such as the TLP often threatening the defendant’s attorneys, family members, and supporters.  These observers said the general refusal of lower courts to free defendants on bail or acquit them persisted due to fear of reprisal and vigilantism.  Legal observers also reported judges and magistrates often delayed or continued trials indefinitely in an effort to avoid confrontation with, or violence from, groups provoking protests.

In January then-Minister of Religious Affairs and Interfaith Harmony Sardar Muhammad Yousuf declared 2018 the year of “Khatm-e-Nabuwat” (finality of the Prophet), a theological declaration frequently used to target Ahmadi Muslims.  The minister called for seminaries and universities to establish “Khatm-e-Nabuwat chairs” and elevate the topic in their curricula.  Multiple Khatm-e-Nabuwat conferences held in Lahore in January, March, and November, as well as in Islamabad and at other religious sites around the country, attracted politicians and government officials.  According to media reports, Prime Minister Khan spoke at Khatm-e-Nabuwat conferences in Islamabad in January and October.  On March 8, Yousuf and several Islamic clerics attended another Khatm-e-Nabuwat conference in Lahore’s Badshahi Mosque.

Minority religious leaders stated members of their communities continued to experience discrimination in admission to colleges and universities.  Ahmadi representatives said the wording of the declaration students needed to sign on their applications for admission to university continued to prevent Ahmadis from declaring themselves as Muslims.  Their refusal to sign the statement meant they were automatically disqualified from fulfilling the admissions requirements.  The government said Ahmadis could qualify for admission as long as they did not claim to be Muslims.  Ahmadiyya community leaders reported an Ahmadi graduate student was expelled from the National Institute of Biotechnology in September after not disclosing her religious affiliation at her initial admission.

Religious minority community members stated public schools gave Muslim students bonus grade points for memorizing the Quran, but there were no analogous opportunities for extra academic credit available for religious minority students.

Most religious minority groups said they continued to face discrimination in government hiring.  While there remained a 5 percent quota for hiring religious minorities at the federal level, minority organizations said government employers did not enforce it.  According to religious minority members and media reports, provincial governments in Punjab, Sindh, and Khyber Pakhtunkhwa also failed to meet such quotas for hiring religious minorities into the civil service.  Minority rights activists said almost all government job advertisements for janitorial staff listed being non-Muslim as a requirement.  Minority rights activists criticized these advertisements as discriminatory and insulting.

Representatives of religious minorities said a “glass ceiling” continued to prevent their promotion to senior government positions.  Although there were no official obstacles to advancement of minority religious group members in the military service, they said in practice non-Muslims rarely rose above the rank of colonel and were not assigned to senior positions.

According to civil society activists and monitoring organizations, most public school textbooks continued to include derogatory statements about minority religious groups, including Ahmadi Muslims, Hindus, Jews, and Christians.  In September the prime minister held a meeting with minority religious leaders and heard their requests for the removal of discriminatory content in educational curricula.  Federal ministers said they had begun a review of textbooks for derogatory material, but minority faith representatives said the government had not consulted them in the process, and feared problematic content would remain in curricula.  Ahmadiyya community representatives said local associations of clerics frequently distributed anti-Ahmadi stickers to school districts to place on textbooks, and the school boards usually accepted them.  These stickers contained phrases such as “It is strictly prohibited in Sharia to speak to or do any business with Qadianis,” “The first sign of love of the Prophet is total boycott of Qadianis,” and “If your teacher is a Qadiani, refuse learning from him.”

The National Commission for Justice and Peace (NCJP), the Catholic Church’s human rights body in Pakistan, reported that subjects such as social studies and languages had almost 40 percent religious material which non-Muslim students were required to study.  While schools were required to teach Islamic studies and the Quran to Muslim students, sources reported many non-Muslim students were in practice also required to participate, as their schools did not offer parallel courses in their own religious beliefs or ethics.  The government did not permit Ahmadis to teach Islamic studies in public schools.

Some prominent politicians engaged in anti-Ahmadi rhetoric during the general election campaign that Ahmadi Muslims said incited violence against members of their community.  Then-candidate Imran Khan said no one who does not believe Muhammad is the last prophet can call themselves a Muslim.  PTI candidate Amir Liaquat Hussain printed campaign posters calling himself the “Savior of the End of Prophethood.”  PTI leader Pervez Khattak told a political rally in Peshawar he had made a chapter on the finality of prophethood compulsory in Khyber Pakhtunkhwa textbooks.  In Chakwal, Punjab, a Pakistan Muslim League (Nawaz) candidate called for expelling Ahmadis from Pakistan, and the PTI candidate asked voters whether they would stand with those who would change the Khatm-e-Nabuwat law, or with the lovers of the prophet.

On August 17, Chief of Army Staff General Qamar Javed Bajwa hosted Catholic and Church of Pakistan (Protestant) leaders in honor of the elevation of Archbishop of Karachi Joseph Coutts as a cardinal in the Catholic Church.  Bajwa expressed appreciation for the role Christians played in the country’s public institutions and armed forces and urged greater interfaith harmony.  Federal Minister for Defense Production Zubaida Jalal also spoke at a reception for Coutts and paid tribute to the contributions of religious minorities in education and social work.  Sources reported military officials and Islamic clerics attended Christmas services at churches in Quetta to show support one year after the bombing of Bethel Memorial Methodist Church.  Authorities also provided enhanced security for churches and Christian neighborhoods during the Christmas season.

In September leading to and during the days of ninth and tenth Muharram (September 20-21), the government condemned sectarianism and urged all Muslims to respect Shia processions around the Ashura holiday.  Prime Minister Khan gave a nationwide address upholding the martyrdom of Hussein at Karbala as an example of sacrifice for the greater good, and President Arif Alvi called on Muslims of all sects to resist oppression.  Law enforcement deployed extra security around Shia processions in major cities throughout Punjab, Khyber Pakhtunkhwa, and Balochistan provinces, including for Hazara Shia communities in Quetta.  According to civil society contacts, authorities also restricted the movement and public sermons of both Sunni and Shia clerics accused of provoking sectarian violence.  The government placed some clerics on the Schedule 4, a list of proscribed persons based on reasonable suspicion of terrorism or sectarian violence, and temporarily detained others under the Maintenance of Public Order Act.

During Hindu celebrations of Holi in March, authorities also provided enhanced security at Hindu temples throughout the country.

There were continued reports that some madrassahs taught violent extremist doctrine.  Increasing government supervision of madrassahs remained a component of the NAP, and there was evidence the government continued efforts to increase regulation of the sector.  The National Counter Terrorism Authority (NACTA) stated in May that it had nearly completed a mapping process of places of worship and madrassahs throughout the country and that it was developing registration forms in consultation with ITMP.

Security analysts and madrassah reform proponents observed many madrassahs failed to register with one of five wafaqs or with the government, to provide the government with documentation of their sources of funding, or to accept foreign students only with valid student visas, a background check, and the consent of their governments, as required by law.  The provincial Balochistan government announced in February it had registered over 2,500 madrassas in 2017.  It stated, however, that it had not yet registered madrassas located in so-called “backward (rural) areas.”  According to media reports, the Sindh provincial government’s efforts to register madrassahs were met with resistance.  Some Karachi madrassahs declined to provide data about their operations, staff, and students to Sindh Police Special Branch personnel.  An ITMP spokesperson stated the wafaqs did not object in principle to providing the requested information, but wanted greater coordination from the government before doing so.  Police reportedly agreed to suspend the attempts at data collection.

The Ministry of Interior reported it continued to prosecute counterterrorism actions under the NAP, which included an explicit goal of countering sectarian hate speech and extremism, by arresting people for hate speech, closing book shops, and confiscating loudspeakers.  In January NACTA launched an app called “Surfsafe” to help citizens report websites that published extremist content and hate speech.  Activists asserted that many of the groups banned by NACTA for involvement in terrorism continued openly using Facebook to recruit and train followers, including sectarian groups responsible for attacks on members of religious minority communities.

While print and broadcast media outlets continued to occasionally publish and broadcast anti-Ahmadi rhetoric, unlike in previous years, there were no reports of advertisements or speeches in the mainstream media inciting anti-Ahmadi violence.  Observers stated it was unclear if this was due to self-censorship by media outlets fearing repercussions for any political disturbance, or if the government specifically fulfilled its promise from the NAP to restrict such calls for anti-Ahmadi violence.  Anti-Ahmadi rhetoric that could incite violence continued to exist in some media outlets.  In June TLP leader Khadim Hussain Rizvi broadcast on YouTube that Ahmadis should either “recite the Kalima (Islamic statement of faith) or accept death.”  JuD leader Hafiz Saeed was quoted in the Islamist publication The Daily Ausaf as saying “Qadianis are open enemies of Islam and Pakistan.”

The status of a National Commission for Minorities remained unclear at year’s end.  Ministry of Religious Affairs and Interfaith Harmony representatives said the commission continued to exist and met yearly.  Minority activists stated this commission’s effectiveness was hindered by the lack of a regular budget allocation and the lack of an independent chairperson, as well as resistance from the ministry.  NGOs and members of the National Assembly put forth various proposals and bills to establish a new independent National Commission for Minorities’ Rights, as directed by the Supreme Court in 2014.  The ministry also proposed its own bill that would establish a “National Commission for Interfaith Harmony,” and stated that minority affairs had been devolved to the provinces since 2010.  According to media reports, a subcommittee of the National Assembly’s Standing Committee on Religious Affairs met in April to merge bills for the new commission’s development.  The ministry pledged to work with parliamentarians to combine the bills, and sources reported that work was ongoing at year’s end.  A similar bill in the Sindh Provincial Assembly was also pending at year’s end.

Human rights activists continued to state that neither the federal nor most provincial governments had made substantial progress in implementing the Supreme Court’s 2014 decision directing the government to take measures to protect members of minority religious groups, citing the failures to establish an empowered National Commission for Minorities and a special task force to protect minority places of worship as primary examples.  According to various sources, the Sindh government conducted a province-wide audit of security at 1,899 minority places of worship and made recommendations to increase security to the Sindh Home Department.  Several activists and pastors reported improved provision of security at places of worship, notably in Lahore, Peshawar, and Quetta during the major holidays of Holi, Ashura, and Christmas.

Religious minority community leaders continued to state the government failed to take adequate action to protect minorities from bonded labor in the brick-making and agricultural sectors, an illegal practice in which victims were disproportionately Christians and Hindus.  Such families, particularly on agricultural lands in Sindh Province, often lived without basic facilities and were prevented from leaving without the permission of farm landlords.

According to civil society and the media, there continued to be violence and abuses committed by armed sectarian groups connected to organizations banned by the government, including LeJ, Tehreek-e-Taliban Pakistan (TTP), and ASWJ (previously known as Sipah-e-Sahaba), as well as abuses by individuals and groups such as ISIS-K designated as terrorist organizations by the United States and other governments.  These groups continued to stage attacks targeting Christians and Shia Muslims, including the predominantly Shia Hazara community.  According to the SATP, however, both the number of sectarian attacks by armed groups and the number of casualties decreased compared to 2017, corresponding with an overall decline in terrorist attacks.  Data on sectarian attacks varied, as there was no standardized definition of what constituted a sectarian attack among reporting organizations.  According to the SATP, at least 39 persons were killed and 62 injured in nine incidents of sectarian violence by extremist groups during the year.

Sectarian violent extremist groups continued to target Shia houses of worship, religious gatherings, religious leaders, and other individuals in attacks resulting in at least 41 persons killed during the year.  On November 23, a bomb blast near a Shia place of worship in Orakzai District, Khyber Pakhtunkhwa killed 33 people, including Sunni and Shia Muslims, as well as three Sikhs, and injured 56.  ISIS-K claimed responsibility for the attack.

There were multiple reports of targeted killings of Shia in Dera Ismail Khan, Khyber Pakhtunkhwa, although observers stated it was often unclear whether religion was the primary motivation, or whether other disputes could have been a factor.  In February and May alleged LeJ militants killed several Shia residents.  According to the media, on August 9, the same group was believed to be responsible for the subsequent killing of three individuals in the same area.

On April 2, gunmen shot and killed a Christian family of four traveling by auto-rickshaw in Quetta, Balochistan.  On April 15, unidentified attackers sprayed gunfire as Christians exited a church in Quetta, killing two more.  An affiliate group of ISIS-K claimed responsibility for both attacks, although some speculated the attackers were individuals from LeJ operating on behalf of ISIS-K.

Legal Framework

The Basic Law of Governance establishes the country as a sovereign Arab Islamic state in which Islam is the official religion.  The Basic Law says sharia is the “foundation of the Kingdom” and states the country’s constitution is the Quran and the Sunna.  The Basic Law contains no legal recognition or protection of freedom of religion.  Conversion from Islam to another religion is grounds for the charge of apostasy, which is legally punishable by death, although courts have not carried out a death sentence for apostasy in recent years.

Blasphemy against Islam may also be legally punishable by death, but courts have not sentenced individuals to death for blasphemy in recent years.  Punishments for blasphemy may include lengthy prison sentences and lashings.  Criticism of Islam, including expression deemed offensive to Muslims, is forbidden on the grounds of preserving social stability.

The 2017 counterterrorism law criminalizes “anyone who challenges, either directly or indirectly, the religion or justice of the King or Crown Prince.”  By year’s end, authorities had not yet issued new implementation regulations, and the implementation regulations of the 2014 counterterrorism law remained in effect.  Those regulations criminalize “calling for atheist thought in any form, or calling into question the fundamentals of the Islamic religion.”  The right to access legal representation for those accused of violating the counterterrorism law is limited; according to the law, “the Public Prosecutor may, at the investigative stage, restrict this right whenever the interests of the investigation so require.”  There is no right to access government-held evidence.

The Basic Law states the duty of every citizen is to defend Islam, society, and the homeland.  Non-Muslims must convert to Islam before they are eligible to naturalize.  The law requires applicants for citizenship to attest to being Muslim and to obtain a certificate documenting their religious affiliation endorsed by a Muslim religious authority.  Children born to Muslim fathers are deemed Muslim by law.

The country is the home of Mecca and Medina, Islam’s two holiest sites.  The government prohibits non-Muslims from entering central Mecca or religious sites in Medina.  Muslims visit the cities on the annual Hajj pilgrimage and on the Umrah pilgrimage.  The government has stated that caring for the holy cities of Mecca and Medina is a sacred trust exercised on behalf of all Muslims.  The country’s sovereign employs the official title of “Custodian of the Two Holy Mosques,” in reference to the two cities.  The government also establishes national quotas for foreigners and issues permits to Muslim residents (including its own nationals) to participate in the Hajj.

Clerics are vetted and employed by the MOIA.  Only government-employed clerics are permitted to deliver sermons, which must be vetted by MOIA in advance.

Since 2016 Saudi-based clerics traveling abroad for proselytization activities must first obtain the permission of MOIA.  The stated purpose of the regulation is to limit the ability of religious scholars to travel, particularly those the government regards as having questionable credentials, and to prevent the appearance of interference, or actual interference, by Saudi-based clerics in the domestic affairs of other states.

Public school students at all levels receive mandatory religious instruction based on Sunni Islam according to the Hanbali School of jurisprudence.  Private schools are not permitted to deviate from the official, government-approved religious curriculum.  Private international schools are required to teach Saudi students and Muslim students of other nationalities an Islamic studies course, while non-Muslim, non-Saudi students sometimes receive a course on Islamic civilization, or else “free time” in place of the curriculum designed for Saudi students; both courses amount to one hour of instruction per week.  Private international schools may also teach courses on other religions or civilizations.

The CPVPV is a semiautonomous government agency with authority to monitor social behavior and report violations of moral standards consistent with the government’s policy and in coordination with law enforcement authorities.  A 2016 decree limited the CPVPV’s activities to only providing counseling and reporting individuals suspected of violating the law to the police.  CPVPV field officers do not wear uniforms, but are required to wear identification badges and legally may only act in their official capacity when accompanied by regular police.  The CPVPV’s purview includes discouraging and reporting public and private contact between unrelated men and women (gender mixing); practicing or displaying emblems of non-Islamic faiths or failing to respect Islam; “immodest” dress, especially for women; displaying or selling media contrary to Islam, including pornography; producing, distributing, or consuming alcohol; venerating places or celebrating events inconsistent with approved Islamic practices; practicing “sorcery” or “black magic”; and committing, facilitating, or promoting acts, publications, or thoughts considered lewd or morally degenerate, including adultery, homosexuality, and gambling.  The CPVPV reports to the king through the Council of Ministers, and the Ministry of Interior (MOI) oversees its operations on the king’s behalf.

The judicial system is based on laws largely derived from the Quran and the Sunna, developed by fatwas issued by the 21-person Council of Senior Scholars (CSS) that reports to the king, and other royal laws and ordinances.  The Basic Law states governance is based on justice, shura (consultation), and equality according to sharia and further identifies the Quran and the Sunna as the sources for fatwas.  The law specifies a hierarchical organization and composition of the CSS, the Permanent Committee for Scholarly Research and Religious Rulings (ifta), and the Office of the Mufti, together with their functions.  The Basic Law recognizes the CSS, supported by the Permanent Committee for Scholarly Research and Religious Rulings, as the supreme authority on religious matters.  The CSS is headed by the grand mufti and is composed of Sunni religious scholars and jurists, 18 of whom are from the Hanbali school of jurisprudence, with one representative of each of the other Sunni schools (Malaki, Hanafi, and Shafi’i).  There are no Shia members.  Scholars are chosen at the king’s discretion and serve renewable four-year terms, with many serving for life.

The country’s legal architecture does not derive from a common law system, and judges are not bound by legal precedent.  In the absence of a comprehensive criminal code, rulings and sentences can diverge widely.  Criminal appeals may be made to the appellate and Supreme courts, although appellate decisions sometimes result in a harsher sentence than the original court decision.  Government universities provide training in all four Sunni schools of jurisprudence, but with a focus on the Hanbali school.

In legal cases involving accidental death or injury, compensation differs according to the religious affiliation of the plaintiff.  In the event a court renders a judgment in favor of a plaintiff who is a Jewish or Christian male, the plaintiff is entitled to receive 50 percent of the compensation a Muslim male would receive; other non-Muslims may only receive one-sixteenth the amount a male Muslim would receive.

Judges have been observed to discount the testimony of Muslims whom they deemed deficient in their knowledge of Islam, and to favor the testimony of Muslims over the testimony of non-Muslims.  Under the government’s interpretation of the Quran, judges may place the value of a woman’s testimony at half that of a man’s in certain cases.

The Basic Law requires the state to protect human rights in accordance with sharia.  The Human Rights Commission (HRC), a government entity, is tasked with protecting, enhancing, and ensuring implementation of international human rights standards “in light of the provisions of sharia,” and regularly follows up on citizen complaints.  There are no formal requirements regarding the composition of the HRC; during the year, the commission had approximately 28 members from various parts of the country, including two Shia members.

The country is not a party to the International Covenant on Civil and Political Rights.

There were reports of prison authorities abusing Shia prisoners, including one incident leading to death.  Online media and NGOs reported in March that Ahmed Attia, a Shia activist deported to the country from Bahrain in January, reportedly suffered memory loss as a result of physical abuse while in detention in Dammam prison.  Shia Rights Watch (SRW) also reported the March 13 death of 61-year-old Haj Ali Jassim Nazia as a result of physical abuse in prison.

Some human rights organizations stated convictions of Shia on security charges, including several carrying the death penalty, stemming from 2017-18 clashes were motivated by sectarianism, while the government stated the individuals were investigated, prosecuted, and sentenced as a result of security-related crimes and in accordance with the law.  On March 15, UN experts said 15 individuals convicted of spying for Iran and financing terrorism were facing imminent execution after their sentences were referred to the Royal Court for ratification by the king.  The Specialized Criminal Court in Riyadh sentenced the 15 individuals, all of whom were Shia, to death in December 2016 and further court rulings in July and December 2017 upheld the sentences.  Human rights organizations widely decried the legal process as not heeding international standards for fair trial guarantees and transparency.  At the end of the year, the government had not carried out the sentences.

International NGOs stated they were unable to obtain any information on the status of Ahmad al-Shammari, who had reportedly been sentenced to death for charges related to apostasy in April 2017, and was believed still to be incarcerated.  It was unknown whether any appeals in his case remained pending.

On January 4, the SCC sentenced prominent Shia cleric Sheikh Mohammed al-Habib to seven years in prison after the Public Prosecution’s objection to his 2017 acquittal.  The ruling overturned a previous verdict issued by the SCC in July 2017, acquitting al-Habib of the charges of inciting sedition and sectarianism, incitement against the rulers, and defaming religious scholars.  According to human rights groups, authorities detained al-Habib in response to his public statements urging the government to address anti-Shia sectarianism, including in the educational curriculum, and criticizing government clerics who had espoused anti-Shia views.

In August the public prosecutor announced charges against six Shia activists, including female activist Israa al-Ghomgham, from the Eastern Province arrested between September 2015 and April 2016 based on the Islamic law principle of ta’zir, in which the judge has discretion over the definition of what constitutes a crime and over the sentence.  The charges include “instigating riotous gatherings” in Qatif, “joining a terrorist organization linked to an enemy state,” “chanting anti-government slogans,” and “providing moral support for those rioting and instigating sectarian strife.”  According to HRW, the SCC in the Qatif region was the venue for the defendants’ trial.  There were no updates on the case at year’s end.

Up to 34 individuals, all believed to be Shia, faced the possibility of execution as they awaited implementation orders for death sentences already confirmed by the Supreme Court for their roles in protests in the Qatif area of the Eastern Province in 2011 and 2012, according to human rights organizations.  Up to nine of these persons – including Ali al-Nimr (the nephew of Nimr al-Nimr, who was executed in 2016), Dawood al-Marhoon, Abdullah al-Zaher, Abdulkareem al-Hawaj, and Mujtaba al-Sweikat – may have been minors at the time they committed the acts for which they were convicted; however, the government disputed these claims, noting the courts and sharia system use the hijri (lunar/Islamic) calendar for age computations.  Human rights organizations said many of the convictions were based on confessions extracted through prolonged solitary confinement and torture.  Many of these individuals alleged authorities tortured them during pretrial detention and interrogation.  Local Shia activists and international human rights groups questioned the competence, independence, and impartiality of the judiciary, and noted that the underlying charges were inconsistent with international principles of freedom of assembly, expression, and association.

The government continued to imprison individuals accused of apostasy and blasphemy, violating Islamic values and moral standards, insulting Islam, black magic, and sorcery.

On June 7, police arrested Vishnu Dev Radhakrishnan, an Indian national and employee of the Saudi Arabian Oil Company (also known as Saudi Aramco) for “cybercrime pertaining to blasphemy and spreading messages against the Kingdom through social media.”  Radhakrishnan allegedly sent messages on Twitter criticizing the Prophet Mohammed.  On September 13, a court sentenced him to five years’ imprisonment and a 150,000 riyal ($40,000) fine.

Raif Badawi remained in prison at the end of the year based on his 2013 conviction for violating Islamic values, violating sharia, committing blasphemy, and mocking religious symbols on the internet.  Originally sentenced to seven years in prison and 600 lashes in 2013, a court increased Badawi’s sentence on appeal to a 10-year prison term and 1,000 lashes.  By year’s end, the government had not carried out the remaining 950 lashes.

At year’s end, the status of Ahmad al-Shammari’s appeal of his death sentence following his 2017 conviction on charges related to apostasy was unknown.  According to media reports, Shammari allegedly posted videos to social media accounts in which he renounced Islam and the Prophet Muhammad.

In September the SCC opened trials against some clerics, academics, and members of the media for alleged association with the MB.  The accused included prominent Muslim scholars Salman al-Odah, Awad al-Qarni, and Ali al-Omari.  The three were arrested in September 2017.  The public prosecutor reportedly sought the death penalty against them.  The public prosecutor leveled 37 charges against al-Odah, the vast majority of which were connected to his alleged ties with the MB and Qatari government, and his public support for imprisoned dissidents.  In reviewing some of the specific charges, HRW noted, “The initial charges are mostly related to his alleged ties to the MB and other organizations supposedly connected to it.”  None referred to specific acts of violence or incitement to acts of violence, according to a HRW statement on September 12.  The 30 charges against al-Omari included “forming a youth organization to carry out the objectives of a terrorist group inside the Kingdom.”  The government continued to regard the MB as a terrorist organization.

Authorities are reported to have arrested cleric Abdelaziz al-Fawzan in July after he spoke out against the arrests of other religious leaders in the country, according to the website Middle Eastern Eye.  The Prisoners of Conscience Twitter account reported that Fawzan, a professor of comparative religious law at the Saudi Higher Institute of Justice, had been arrested over a tweet in which he had “expressed his opinion against the suppression of sheikhs and preachers.”

According to Reuters, the government detained influential religious scholar Safar al-Hawali and three of his sons in July, widening an apparent crackdown against clerics, intellectuals, and rights campaigners.  Al-Hawali, often linked to the MB, rose to prominence 25 years ago as a leader of the Sahwa [Awakening] movement, which agitated to bring democracy to the country and criticized the ruling family for corruption, social liberalization, and working with the West.  Authorities reportedly transferred al-Hawali to a hospital in September after his health deteriorated.

In August multiple media outlets reported that the government detained Saleh al-Talib, an imam and preacher at the Grand Mosque in Mecca, after he reportedly delivered a sermon on the duty in Islam to speak out against the spread of vice.

In September social media and activist websites reported on the suspension or detention of Mecca Grand Mosque imams.  Khalid bin Ali al-Ghamdi was reportedly suspended and ordered to refrain from preaching or engaging in Islamic da’wa (religious outreach).  No reason was announced for the suspension.  Sheikh Faisal bin Jameel al-Ghazawi was reportedly suspended from his position at the Mecca Grand Mosque.  Al-Ghazawi was reportedly also barred from all preaching and da’wa activities.  A third Mecca Grand Mosque imam, Sheikh Bandar Abdulaziz Balila, was reportedly detained by security forces for four days for unknown reasons.

In October the Public Prosecutor’s Office charged cleric Hassan Farhan al-Maliki with calling into question the fundamentals of Islam by casting doubt on prophetic Sunna and hadith (the record of the traditions or sayings of the Prophet Mohammad), propagating deviant beliefs, holding an impure (takfiri) ideology, insulting the rulers and CSS and labelling them as extremists, glorifying the Khomeini-led revolution in Iran, and supporting Hizballah and ISIS, among other charges.  He remained in detention waiting a second trial at year’s end.

On July 2, authorities detained Zuhair Hussein Bu Saleh to implement a prior sentence of two months imprisonment and 60 lashes for practicing congregational prayers at his house due to the lack of Shia mosques in the Eastern Province, according to the international NGO European Saudi Organization for Human Rights.  Bu Saleh was previously arrested in 2015 for “calling for unauthorized gatherings,” and the government closed the prayer hall he supervised.

In August authorities referred cleric Ali Al-Rabieei for prosecution for allegedly tweeting sectarian and anti-Shia content, according to media reports.  Al-Rabieei subsequently apologized for this tweet and reportedly fled abroad.

In August the public prosecutor ordered the arrest of a man who appeared in a video carrying machine guns and threatening to kill Shia citizens in Najran, in the southern part of the country.

According to Shia groups that track arrests and convictions of Shia, more than 300 persons remained in detention in prisons throughout the Eastern Province and additional individuals remained subject to travel bans.  Authorities had arrested more than 1,000 Eastern Province Shia since 2011 in connection with public protests demanding greater rights for Shia, including acts of violence, according to NGO reports.  Most were held on charges involving nonviolent offenses, including participating in or publicizing protests on social media, inciting unrest in the country, and insulting the king.

SRW reported in April government forces raided a Shia prayer hall in Qatif, arresting three men.  According to SRW, the forces also surrounded multiple neighborhoods in Qatif, setting up checkpoints and restricting entry to and departure from the areas.  SRW also reported that authorities arrested a teenage female Shia activist, Nour Said Al-Musallam, for tweets critical of the government.

The UK newspaper The Independent reported that social media users who posted or shared satire attacking religion faced imprisonment for up to five years under strict new laws introduced in the country.  Those found guilty of distributing content online deemed to disrupt public order or disturb religious values would also be subject to a fine of three million riyals ($800,000), the country’s public prosecutor’s office said in a statement on Twitter:  “Producing and distributing content that ridicules, mocks, provokes and disturbs public order, religious values and public morals through social media will be considered a cybercrime.”

A December report by the UN special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, issued after a visit to the country in April and May, stated “The special rapporteur is further concerned at the pattern of systematic repression in the country’s Eastern Province, where the majority Shi’a population resides.  The Special Rapporteur has received credible allegations that many individuals protesting against repression of the Shia have been detained.  Their cases are currently making their way through the Specialized Criminal Court (SCC).  Many of these individuals were reportedly peaceful protesters, simply asking for increased religious freedoms, equal rights for the Shi’a community and political reform.  Some have been convicted for the expression of their political views; some for coordinating protests through social media; and some even for providing first aid to protesters.  In this process, a number of individuals who were under the age of criminal responsibility at the time they committed the alleged offences have now been sentenced to death.  Others have already been executed.”

Human rights organizations and legal experts continued to criticize antiterrorism laws for using overly broad and vague language, making them susceptible to politicization and other abuse.

The government continued to prohibit the public practice of any non-Islamic religions.  According to civil society sources and media reports, non-Muslims and many foreign and local Muslims whose religious practices differed from the form of Sunni Islam promoted by the government could only practice their religion in private and remained vulnerable to discrimination, harassment, detention, and, for noncitizens, deportation.

The MOIA maintained active oversight of the country’s religious establishment and provided guidance on the substance of Friday sermons and restricted the inclusion of content in those sermons it considered sectarian or political, promoting hatred or racism, or including commentary on foreign policy.  Mosques continued to be the only legally permissible public places of worship.  The government continued to address ideology it deemed extremist by scrutinizing clerics and teachers closely and dismissing those found promoting views it deemed intolerant, extreme, or advocating violence abroad, including in Syria and Iraq.  The MOIA continued to use ministry inspectors, regional branch inspectors, field teams, citizen feedback, and the media to monitor and address any violations of the ministry’s instructions and regulations in mosques.  MOIA oversight of mosques in less populated areas was not always as strict as it was in urban areas.  In July the MOIA created a hotline for individuals to call in and report on statements by imams that observers considered objectionable.  In August Minister of Islamic Affairs Abdul Latif Al-Sheikh announced the ministry was developing a mobile phone app which would monitor sermons and allow mosque-goers to rate their preacher on a number of aspects of their work content and length.  According to a BBC report in August, the government was engaged in deliberations on the reform of religious teachings and in a debate on unifying the content of sermons to steer people away from “foreign, partisan, or Muslim Brotherhood” thought.

Practices diverging from the government’s official interpretation of Islam, such as public celebrations of Mawlid al-Nabi (the birthday of the Prophet Muhammad) and visits to the tombs of renowned Muslims, remained forbidden.

While authorities indicated they considered members of the Ahmadiyya Muslim Community to be Muslims, the group’s legal status remained unclear, and the mainly foreign resident Ahmadi Muslims reportedly hid their faith to avoid scrutiny, arrest, or deportation.

In March MOIA official Hashem bin Mohammed al-Barzanji referred to Shia as “rejectionists” in a tweet.

Since 2016, authorities permitted large-scale public commemorations of Ashura and other Shia holidays in Qatif, Eastern Province, home to the largest Shia population in the country.  As a result of several 2015 ISIS-inspired or directed attacks on Shia gathering places in the Eastern Province, there was again a significant deployment of government security personnel in the Qatif area during the Ashura commemoration in September.  According to community members, processions and gatherings appeared to increase over previous years due to decreased political tensions and greater coordination between the Shia community and authorities.

According to members of the expatriate community, some Christian congregations were able to conduct large Christian worship services discreetly and regularly without substantial interference from the CPVPV or other government authorities.

The government stated that individuals who experienced infringements on their ability to worship privately could address their grievances to the MOI, HRC, the National Society for Human Rights (a quasi-governmental organization), and, when appropriate, the MFA.  Religious groups reported, however, that officials typically charged those arrested during private worship services with gender-mixing, playing music, or other infractions not explicitly related to religious observance.  There were again no known reports of individuals contacting these or other governmental agencies for redress when their ability to worship privately was infringed.

According to government policy, non-Muslims were prohibited from being buried in the country.  There was, however, at least one public, non-Islamic cemetery in Jeddah, although the government did not support it financially.  The only other known non-Muslim cemetery was private and only available to Saudi Aramco employees.  Diplomatic missions reported most non-Muslims opted to repatriate their deceased to their home countries whenever financially possible.

Authorities generally required Shia mosques to use the Sunni call to prayer, including in mixed neighborhoods of both Sunni and Shia residents.  In some predominantly Shia areas of al-Ahsa Governorate in the Eastern Province, authorities allowed Shia mosques to use the Shia call to prayer.  In smaller Shia villages where there was virtually no CPVPV presence, reports indicated it was common for Shia businesses to close for three prayer times (not five times per Sunnis practice), or not at all.

The government continued to set policy aimed at enforcing Islamic norms; for example, the government threatened to expel foreigners who did not refrain from eating, drinking, or smoking in public during Ramadan.  According to media reports, it prohibited parents from giving their children any of 50 listed names deemed blasphemous, non-Arabic, or non-Islamic.

The CPVPV continued to monitor social behavior and promote official standards of morality, although instances of CPVPV interactions with individuals reportedly decreased significantly in most urban areas, such as Riyadh, Jeddah, and Dammam.

The government did not recognize certificates of educational attainment for graduates of some Shia religious centers of instruction or provide them employment benefits, which the government provided to graduates of Sunni religious training institutions.

The government continued a multi-year project, begun in 2007, to revise textbooks, curricula, and teaching methods with the stated aim of removing content disparaging religions other than Islam.  The project continued as part of the government’s Vision 2030 development and reform plan announced in April 2016.  The government continued to distribute revised textbooks, although intolerant material remained in circulation, including older versions of textbooks, particularly at the high school level, that contained language disparaging Christians and Jews.  Content included statements justifying the execution of “sorcerers” and social exclusion of non-Muslims, as well as statements that Jews, Christians, Shia Muslims, and Sufi Muslims did not properly adhere to monotheism.  In September Human Rights Watch reported some school textbooks continued to employ biased, anti-Semitic, and anti-Shia language.  Some teachers reportedly continued to express intolerance of other faiths and of alternative viewpoints regarding Islam.

The Anti-Defamation League (ADL) issued a report on textbooks in November, entitled “Teaching Hate and Violence:  Problematic Passages from Saudi State Textbooks for the 2018-19 School Year.”  The report found that school textbooks for the 2018-19 academic year contained “dozens of troubling passages that clearly propagate incitement to hatred or violence against Jews, Christians, Shi’ite Muslims, women, homosexual men, and anybody who mocks or converts away from Islam.”  In its press release announcing the report, the ADL stated “The Saudi curriculum is replete with intolerant passages about Jews and Judaism; some passages even urge violence against Jews.  Others retread classic anti-Semitic stereotypes and assert conspiracy theories about alleged Jewish and Israeli plots to attack the al-Aqsa Mosque in Jerusalem.”

Some travelers entering the country reported they were able to import a Bible for personal use, but the government regularly exercised its ability to inspect and confiscate personal non-Islamic religious materials.

Some academic experts reported the government continued to exclude perspectives at variance with the Salafi tradition within Sunni Islam from its extensive government-owned religious media and broadcast programming.

The CPVPV, in coordination with the Information and Communication Technologies Authority, continued to block certain websites as part of a broader policy of censoring online content that reportedly contained “objectionable” content and “ill-informed” views of religion.  The CPVPV shut down or blocked Twitter accounts for users “committing religious and ethical violations,” and authorities arrested an undisclosed number of social media users in accordance with the anticybercrimes law.  The government also reportedly located and shut down websites used to recruit jihadis or inspire violence.  In 2017 authorities announced they unblocked the calling features of certain private messenger apps, including Viber, FaceTime, and Facebook Messenger.  Some users reported that the calling features of WhatsApp and Skype still remained blocked, however.

The government financially supported approximately 70 percent of Sunni mosques, while the remaining 30 percent were at private residences or were built and endowed by private persons.  The construction of any new mosque required the permission of the MOIA, the local municipality, and the provincial government, which allocated space and issued building permits.  The MOIA supervised and financed the construction and maintenance of most Sunni mosques, including the hiring of clerical workers.

Shia Muslims managed their own mosques under the supervision of Shia scholars.  Most existing Shia mosques in the Eastern Province did not seek official operating licenses, as doing so would require asking the government to extend its explicit endorsement of these mosques, according to some NGO reports.  The government did not finance the construction or maintenance of Shia mosques.  Authorities prohibited Shia Muslims outside of the Eastern Province from building Shia-specific mosques.  Construction of Shia mosques required government approval, and Shia communities were required to receive permission from their neighbors to start construction on mosques.  Two Shia mosques in Dammam remained licensed by the government and served approximately 750,000 worshippers.  According to NGO reports, construction of Shia mosques was not approved outside Shia enclave areas.  There continued to be no licensed Shia mosques in major urban centers such as Jeddah, Riyadh, or al-Khobar.  Shia in those areas were therefore forced to hold prayers in private homes and community centers, where some Shia said they were subject to police harassment.  Expatriate Shia reported threats of arrest and deportation if they gathered privately in large groups to worship and were detected by authorities.

Following ISIS attacks against Shia mosques and gathering places in 2015, security services continued to provide protection for many Shia mosques and gathering places in the Eastern Province.  Additionally, media and other sources reported coordination between Shia volunteers and government security services to ensure security outside mosques and other gathering places during Friday sermons or other large public events.

Multiple reports from Shia groups cited discrimination in the judicial system as the catalyst for lengthy prison sentences handed down to Shia Muslims for engaging in political expression or organizing peaceful demonstrations.  The government permitted Shia judges in the Eastern Province to use the Ja’afari School of Islamic jurisprudence to adjudicate cases in family law, inheritance, and endowment management.  There were five Shia judges, all government-appointed, located in the Eastern Province cities of Qatif and al-Ahsa, where the majority of Twelver Shia live.  According to a Human Rights Watch report issued in September “the Saudi judicial system…often subjects Saudi Shia to discriminatory treatment or arbitrary criminalization of Shia religious practices.”

Reported instances of prejudice and discrimination against Shia Muslims continued to occur with respect to educational and public sector employment opportunities.  Shia stated they experienced systemic government discrimination in hiring.  There was no formal policy concerning the hiring and promotion of Shia in the private sector, but some Shia stated that public universities and employers discriminated against them, occasionally by identifying an applicant for education or employment as Shia simply by inquiring about the applicant’s hometown.  Many Shia reportedly stated that openly identifying as Shia would negatively affect career advancement.

Although Shia constituted approximately 10 to 12 percent of the total citizen population and at least one-quarter of the Eastern Province’s population, representation of Shia Muslims in senior government positions continued to be well below their proportion of the population, including in national security-related positions in the Ministry of Defense, the National Guard, and the MOI.  In contrast with previous years, the 35-member cabinet contained one Shia minister.  There were no Shia governors, deputy governors, or ministry branch directors in the Eastern Province.  There were five Shia members of the 150-member Shura Council.  A very small number of Shia occupied high-level positions in government-owned companies and government agencies.

Multiple municipal councils in the Eastern Province, where most Shia were concentrated, had large proportions of Shia as members, including in the two major Shia population centers of Qatif and al-Ahsa, where five of the 12 government-appointed municipal council members were Shia, and Shia held 16 of the 30 elected seats on the municipal councils.  Eastern Province Shia judges dealing with intra-Shia personal status and family laws operated specialized courts.  Shia were significantly underrepresented in national security-related positions, including the Ministries of Defense and Interior and the National Guard.  According to an article published in September by both Foreign Policy magazine and HRW, “Shiite students are generally kept out of military and security academies, and they rarely find jobs within the security force.”  In predominantly Shia areas, there was some Shia representation in the ranks of the traffic police, municipal government, and public schools.  Shiites are regularly denied access to justice, are arbitrarily arrested, and face discriminatory verdicts.  Scores of them have described the … religiously motivated charges they face in court, including the standard charges of “cursing God, the Prophet, or his companions.”

Shia were reportedly not represented in proportion to their percentage of the population in academic positions in primary, secondary, and higher education, and virtually all public school principals remained Sunni, while some teachers were Shia.  Along with Sunni students, Shia students received government scholarships to study in universities abroad under the Custodian of the Two Holy Mosques Program for Foreign Scholarship.

There were continued media reports however, that some Sunni clerics, who received government stipends, used anti-Semitic, religiously intolerant language in their sermons.  Cases of government-employed clerics using anti-Semitic language in their sermons, including some instances at Friday prayers in Mecca, were rare and occurred without authorization by government authorities.  During the year, the ministry issued periodic circulars to clerics and imams in mosques directing them to include messages on the principles of justice, equality, and tolerance and to encourage rejection of bigotry and all forms of racial discrimination in their sermons.  According to the ministry, during the year, similar to the previous year, no clerics publicly espoused intolerant views warranting dismissal.  Unlicensed imams, however, continued to employ intolerant views in internet postings or unsanctioned sermons in areas without government monitoring.

The government’s stated policy remained for its diplomatic and consular missions abroad to inform foreign workers applying for visas that they had the right to worship privately and to possess personal religious materials.  The government also provided the names of offices where grievances could be filed.

The government required noncitizen legal residents to carry an identity card containing a religious designation of “Muslim” or “non-Muslim.”  Some residency cards, including some issued during the year, indicated other religious designations such as “Christian.”

The government did not formally permit most non-Muslim clergy to enter the country for the purpose of conducting religious services.  Entry restrictions made it difficult for non-Muslims to maintain regular contact with resident clergy, according to non-Muslim religious groups in neighboring countries.  This was reportedly particularly problematic for Catholic and Orthodox Christians, whose religious traditions require they receive sacraments from a priest on a regular basis.  Multiple press outlets reported that visiting Bishop Anba Morkos of Shoubra el-Kheima held the first Coptic Orthodox Mass in the country in December, in a private residence.

The country’s crown prince told The Atlantic in an April interview that he recognized the right of the Jewish people to have a nation-state of their own next to a Palestinian state.  According to the magazine, no Arab leader has ever acknowledged such a right.  In the interview, he also said that the Shia “are living normally” in the country.

According to NGO reports, Umm al-Qura University’s Department of Islamic Studies continued to teach a course on Judaism saying that Jews rely on three texts:  “The Torah, The Talmud, The Protocols of Zion.” (The Protocols of the Elders of Zion is an anti-Semitic tract originally disseminated by the Czarist secret police alleging a Jewish plot aimed at world domination.)  In addition, the reports characterized the university’s course curriculum as heavily anti-Semitic, speaking of the “evil traits” of the Jewish people.

According to the ADL, state television hosted several   hour-long programs   during Ramadan featuring Saad al-Ateeq, a preacher who called   for God to “destroy  ” the Christians, Shia, Alawites, and Jews.  State television also featured Saleh al-Fawzan, who remained   a member of the CSS and was visited   in April by the crown prince, according to al-Arabiya.  The Economist previously reported that Fawzan claimed   ISIS was actually a creation of Jews, Christians, and Shia.  According to Human Rights Watch, he characterized Shia Muslims as “the brothers of Satan.”  According to the ADL, the government gave the honor   of delivering the Eid al-Fitr sermon in June at the Grand Mosque in Mecca to Saleh bin Humaid, who holds a seat   on the CSS.  Bin Humaid previously claimed   it was in Jews’ “nature” to “plot against the peoples of the world.”

According to the Simon Wiesenthal Center, anti-Semitic books including Mein Kampf were offered for sale at the Riyadh Book Fair.

During the year, some Qatari nationals reported being unable to perform the annual Hajj pilgrimage due to logistical obstacles stemming from the border closures and restrictions imposed by Saudi Arabia, the United Arab Emirates, Bahrain, and Egypt on Qatar in 2017.  The government offered Qatari pilgrims internet registration and visa issuance on arrival in Jeddah.  Qatari nationals were purportedly also able to register for Hajj through third country governments.

Al-Monitor, a website covering news from the Middle East, reported in November that the government halted visa issuances to people who held temporary passports and no national identification.  This prevented Palestinians living in Jerusalem and the West Bank, Egypt, Lebanon, Jordan, and elsewhere from traveling to perform religious rites, particularly the Hajj and Umrah.

In April, in the first visit to the country by a senior Catholic official, Chairman of the Pontifical Council for Interfaith Dialogue Cardinal Jean-Louis Tauran met with King Salman and Crown Prince Mohammed bin Salman in Riyadh to discuss the role of followers of religions and cultures in renouncing violence, extremism, and terrorism and achieving worldwide security and stability.  On March 4, the crown prince met publicly with Coptic Pope Tawadros II in Cairo’s largest Coptic cathedral.

On November 1, the crown prince met with U.S. evangelical Christian figures in Riyadh.  Following the meeting, the group met with the government-sponsored Muslim World League’s (MWL) Secretary-General Mohammed al-Issa to discuss ways both parties could counter extremism and exchanged ideas on possible initiatives and programs to increase mutual respect at the grass roots level.  Al-Issa stated the meeting was an exchange to advance understanding and the message of a “moderate and tolerant Islam.”  On January 28, al-Issa wrote a public letter to the U.S. Holocaust Memorial Museum, calling the Holocaust “an incident that shook humanity to the core, and created an event whose horrors could not be denied or underrated by any fair-minded or peace-loving person.”  In October MWL representatives discussed religious cooperation with several non-Muslim religious community leaders including a prominent U.S. Jewish leader at the MWL-sponsored Cultural Rapprochement Between the US and the Muslim World conference in New York.

Legal Framework

In the absence of a written constitution, the law establishes the Church of England as England’s state church.  Scotland, Wales, and Northern Ireland do not have state religions.  Legislation establishes the Church of Scotland as Scotland’s national church, but it is not dependent on any government body or the queen for spiritual matters or leadership.

The Human Rights Act 1998 protects freedom of thought, conscience, and religion.  It states, “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with other and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.”  The Human Rights Act reaffirms the European Convention of Human Rights, Article 9, which guarantees freedom of thought, conscience, and religion, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society.”

As the supreme governor of the Church of England, the monarch must always be a member of, and promise to uphold, that Church.  The monarch appoints Church of England officials, including lay and clergy representatives, on the advice of the prime minister and the Crown Appointments Commission.  Aside from these appointments, the state is not involved in the Church’s administration.  The Church of Scotland is governed by its General Assembly, which has the authority to make the laws determining how it operates.

In England and Wales, the law prohibits religiously motivated hate language and any acts intended to incite religious hatred through the use of words or the publication or distribution of written material.  The law defines religious hatred as hatred of a group because of its religious belief or lack thereof.  The police are responsible for investigating criminal offenses and for gathering evidence; the Crown Prosecution Service, which is an independent body and the main public prosecution service for England and Wales, is responsible for deciding whether a suspect should be charged with a criminal offense.  The maximum penalty for inciting religious hatred is seven years in prison.  If there is evidence of religious hostility in connection with any crime, it is a “religiously aggravated offense” and carries a higher maximum penalty than the underlying crime alone.  In Scotland the law requires courts to consider the impact of religious bias when sentencing.

By law the General Register Office for England and Wales governs the registration and legal recognition of places of worship in England and Wales.  The law also states buildings, rooms, or other premises may be registered as meeting places for religious worship upon payment of a fee; the General Register Office for England and Wales keeps a record of the registration, and the place of worship is assigned a “worship number.”  Registration is not compulsory, but it provides certain financial advantages and is also required before a place of worship may be registered as a venue for marriages.  Registered places of worship are exempt from paying taxes and benefit from participating in the country’s Gift Aid program.  Gift Aid allows charities to claim back the 25 percent basic rate of tax already paid on donations by the donor, boosting the value of a donation by a quarter.

Throughout the country the law requires religious education (RE) and worship for children between the ages of three and 13 in state-run schools, with the content decided at the local level.  Specialist schoolteachers, rather than religious groups, teach the syllabus.  Parents may request to exempt their children from RE.  At age 13, students themselves may choose to stop RE or continue, in which case they study two religions.  Nonreligious state schools require the RE curriculum to reflect “Christian values,” be nondenominational, and refrain from attempts to convert students.  It must also teach the practices of other principal religions in the country.  Students and, unless they are employed by faith-based schools, teachers may decline participation in collective worship, without prejudice.

Nonreligious state schools in England and Wales are required to practice daily collective prayer or worship of “a wholly or mainly…Christian character.”  Schoolteachers lead these assemblies; however, parents have the legal right to request their children not participate in collective prayer or worship.  The law permits sixth form students (generally 16- to 19-year-olds in the final two years of secondary school) to withdraw from worship without parental permission or action.  Nonreligious state schools are free to hold other religious ceremonies as they choose.

In Scotland only denominational (faith-based) schools practice daily collective prayer or worship; however, religious observance is compulsory in all Scottish schools.  Religious observance is defined as “Community acts which aim to promote the spiritual development of all members of the school’s community.”  Examples of religious observance include school assemblies and events to recognize religious events, including Christmas, Easter, and Holocaust Memorial Day.  Parents can make the decision to opt out their children from this requirement, but children may not make this decision themselves.

In Bermuda the law requires students attending state schools to participate in collective worship, characterized by educational officials as reciting the Lord’s Prayer, but prohibits worship “distinctive of any particular religious group.”  At the high school level, students are required to take a course that explores various religions until year 9 (ages 11-14); in years 10 and 11 (ages 15-16), courses on religion are optional.

There are two faith-based private schools in Bermuda that operate from kindergarten through high school.  One follows the guidance of the North American division of the Seventh-day Adventist Church.  The other follows principles of the Catholic Church.

The government determines whether to establish a faith-based school when there is evidence of demand, such as petitions from parents, religious groups, teachers, or other entities.  If a faith-based school is not oversubscribed, then the school must offer a place to any child, but if the school is oversubscribed, it may use faith as a criterion for acceptance.  Nonstate faith-based schools are eligible to claim “charitable status,” which allows for tax exemptions.

Almost all schools in Northern Ireland receive state support, with approximately 90 percent of students attending Protestant or Catholic schools.  Approximately 7 percent of school-age children attend religiously integrated schools with admissions criteria designed to enroll equal numbers of Catholic and Protestant children without the intervention of the state, as well as children from other religious and cultural backgrounds.  Students of different faiths are able to attend Protestant and Catholic schools but tend to gravitate toward the integrated schools.  These integrated schools are not secular but are “essentially Christian in character and welcome all faiths and none.”  RE – a core syllabus designed by the Department of Education, Church of Ireland, and Catholic, Presbyterian, and Methodist Churches – is compulsory in all government-funded schools, and “the school day shall include collective Christian worship whether in one or more than one assembly.”  All schools receiving government funding must teach RE; however, students may request to opt out of the classes and collective worship.  Catholic-managed schools draw uniquely on the Roman Catholic tradition for their RE, while other schools may draw on world religions.

An estimated 30 sharia councils operate parallel to the national legal system.  They adjudicate Islamic religious matters, including religious divorces, which are not recognized under civil law.  Participants may submit cases to the councils on a voluntary basis.  The councils do not have the legal status of courts, although they have legal status as mediation and arbitration bodies.  As such, rulings may not be appealed in the courts.

The law prohibits discrimination on the grounds of “religion or belief” or the “lack of religion or belief.”  The Equality and Human Rights Commission (EHRC) – a body sponsored by the Department of Education’s Government Equalities Office – is responsible for enforcing legislation prohibiting religious discrimination.  The EHRC researches and conducts inquiries into religious and other discrimination in England, Scotland, and Wales.  The minister for women and equalities appoints the members.  If the commission finds a violation, it may issue a notice to the violator and seek a court order to enforce the notice.  The EHRC receives government funds but operates independently.  The Northern Ireland equivalent to the EHRC is the Equality Commission.

In Northern Ireland the law bans discrimination on the grounds of religious belief only in employment; however, schools may discriminate on the grounds of religion when recruiting teachers.  In the rest of the country, the law prohibits any discrimination, including employment discrimination, based on religious belief, unless the employer can show a genuine requirement for a particular religion.

Citing a limited broadcast spectrum, the law prohibits religious groups from holding national radio licenses, public teletext licenses, more than one television service license, and/or radio and television multiplex licenses, which would allow them to offer multiple channels as part of a single bundle of programming.

Twenty-six senior bishops of the Anglican Church sit in the House of Lords as representatives of the state Church.  Known as the Lords Spiritual, they read prayers at the start of each daily meeting and play a full role in the life and work of the upper house.

The law requires visa applicants wishing to enter the country as “ministers of religion” to have worked for at least one of the previous five years as a minister and to have at least one year of full-time experience or, if their religion requires ordination, at least two years of part-time training following their ordination.  A missionary must also be trained as such or have worked previously in this role.

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

In the Autumn Budget, Chancellor Phillip Hammond announced 1.7 million pounds ($2.18 million) of new funding to support Holocaust education.  The money was earmarked for coordinating Holocaust survivors’ visits to schools and student visits to concentration camps.  The Treasury is designated to work with the Holocaust Education Trust to distribute the funds.  This funding is in addition to the 50 million pounds ($64.02 million) committed to support the UK Holocaust Memorial and Learning Centre and Holocaust Memorial, due to be built next to Parliament.

On October 16, the Home Office and the Department for Housing, Communities, and Local Government updated the government’s 2016 Hate Crime Plan.  The updated plan includes more than 1.5 million pounds ($1.92 million) of new funding for educational programs to challenge discriminatory beliefs among young persons.  The plan also extended the Places of Worship Security Funding Scheme from three to four years.  During the year, the scheme provided grants to nine churches, 22 mosques, two Hindu temples, and 12 Sikh gurdwaras.  Additional new measures include a Law Commission review into hate crime; a nationwide public awareness campaign; specialist training for police call handlers on how to support hate crime victims; an upgrade of the reporting website, True Vision; and roundtables hosted by government ministers on anti-Semitism and anti-Islamic sentiment.

On May 31, a committee led by Lord Bracadale (Alastair Campbell, former Scottish judge) provided to Scottish ministers the final report of the Independent Review of Hate Crime Legislation that was tasked in January 2017.  The report found adequate provisions under existing law for religion as a “protected characteristic.”

In September the Scottish government together with Police Scotland launched a “Letters from Scotland” advertising campaign to raise awareness of hate crimes and encourage persons to report them.  The Catholic Church criticized the Scottish government for not directly addressing sectarian hate crimes in the campaign.

The government continued to provide religious accommodation for employees when it considered such accommodation feasible.  Muslim employees of the prison service regularly took time off during their shifts to pray.  The prison service recognized the rights of prisoners to practice their faith while in custody.  The pastoral needs of prisoners were addressed, in part, through chaplains paid for by the Ministry of Justice, rather than religious groups.  All chaplains worked as part of a multifaith team, the size and breakdown of which was determined by the size of the prison and the religious composition of the prisoner population.  Prison service regulations stated that “chaplaincy provision must reflect the faith denomination requirements of the prison.”

The military generally provided adherents of minority religious groups with chaplains of their faith.  At year’s end, there were approximately 240 recruited chaplains in the armed forces, all of whom were Christian.  The armed forces also employed five civilian chaplains as full-time civil servants to care for their Buddhist, Hindu, Sikh, Jewish, and Muslim recruits.  The Armed Forces Chaplaincy Policy Board was reviewing provision of chaplaincy for personnel of these religions and considering employing suitable chaplains in the reserve forces.

In February the Home Office published an independent review into the application of sharia in England and Wales.  The review, commissioned in October 2015 and launched in May 2016, provided three recommendations.  The independent review panel recommended amendments be made to the Marriage Act 1949 and the Matrimonial Act 1973.  These changes would “ensure that civil marriages are conducted before or at the same time as the Islamic marriages, in line with Christian and Jewish marriages in the eyes of the law.”  The review stated the closure of sharia councils was not a viable option.  Sharia councils are predominantly used by Muslim women seeking a religious divorce, in some cases because their religious marriages were never registered civilly, rendering civil divorce unavailable to them.  The report also recommended the introduction of awareness campaigns, educational programs, and other similar measures to “encourage communities to acknowledge women’s rights in civil law, especially in areas of marriage and divorce.”  The report also proposed the creation of a body that would set up the process for councils to regulate themselves.  This regulation would require sharia councils to accept and implement a code of practice established by the regulatory body.

The Home Office responded to the independent panel’s recommendations stating, “We will not be taking forward the review’s recommendation to regulate sharia councils.  Sharia law has no jurisdiction in the UK, and we would not facilitate or endorse regulation, which could present councils as an alternative to UK laws.”

As of January 2017 there were 6,814 state-funded faith-based schools in England.  Of these, 6,177 were primary schools (ages three through 11), representing 37 percent of all state-funded primary schools, and 637 secondary schools (ages 11 through 16), representing 19 percent of all state-funded secondary schools.  Church of England schools were the most common type among primary schools (26 percent); Roman Catholic schools were the most common at secondary level (9 percent).  Additionally, at the primary and secondary levels, there were 26 Methodist, two Greek Orthodox, one Quaker, one Seventh-day Adventist, one United Reform, 145 other Christian, 48 Jewish, 27 Muslim, 11 Sikh, and five Hindu state-funded schools.  There were 370 government-funded denominational schools in Scotland:  366 Catholic, three Episcopalian, and one Jewish.  The government classified schools with links to the Church of Scotland as nondenominational.

On the centenary of the legislation that brought Catholic schools into Scotland’s state education system, in June First Minister Nicola Sturgeon announced a 450 percent increase to 127,000 pounds ($163,000) in funding for a Catholic teaching program so that more individuals could acquire a Catholic Teaching Certificate allowing them to teach at a Catholic school.

The government continued to require schools to consider the needs of different religious groups when setting dress codes for students.  This included wearing or carrying specific religious artifacts, not cutting hair, dressing modestly, or covering the head.  Guidance from the Department of Education required schools to balance the rights of individual students against the best interests of the school community as a whole; it noted schools could be justified in restricting individuals’ rights to manifest their religion or beliefs when necessary, for example, to promote cohesion and good order.

In April the Department of Education dropped plans to require providers of out-of-school education to register with local authorities, following a reported personal intervention by the Archbishop of Canterbury.  The proposals, which aimed to safeguard children from the risk of extremism, would have subjected religious organizations to government regulations and inspections.  The plans would have affected Christian Sunday schools and Muslim madrassas.  Groups including the Evangelical Alliance, Christian Institute, and Christian Concern expressed their opposition to the proposals.  The Department of Education received approximately 18,000 responses during its three-month consultation period (November 2015-January 2016), many of which were from faith groups stating concern over the proposed regulation.

In January press reported that a North London coroner withdrew a special arrangement for the Jewish community in October 2017.  Under the arrangement in effect since January 2015, the remains of Jews who died at home in North London could be sent directly to a specified funeral home, rather than a public mortuary.  Coroner Mary Hassell stated that a North London synagogue and burial society had made one of her officers feel bullied and persecuted during a previous postmortem examination.  In response, Stamford Hill’s Adath Yisroel Synagogue and Burial Society said the policy was “unlawful” and called for Hassell’s removal.  Religious groups brought a legal challenge, and in April the High Court declared Hassell’s policy unlawful and ordered her to change it.  In July Hassell made a public apology and requested input from religious groups in crafting a new policy.

In Scotland, a law that criminalized religious hatred where it was connected to soccer matches was repealed on April 20.  New charges that would previously have been reported under that law would henceforth be reported as a different offense with a religious aggravation.  All ongoing charges under the former law were amended to reflect the change in statutes.

In August a Scottish judge blocked the deportation of a Malaysian Christian woman on religious grounds after she stated she had come to the country to flee Islamist persecution.  The presiding Judge Lady Clark held that the woman’s life would be in danger if she were to return to Malaysia.

In May the Muslim Council of Britain (MCB) wrote an open letter to the chairman of the Conservative Party demanding an inquiry into “Islamophobia” within the party.  In the letter, the MCB asked the party to launch an independent inquiry, publish a list of incidents, institute an education program, and make a public commitment to stamp out bigotry.  The letter named Conservative Member of Parliament (MP) Bob Blackman as “fostering Islamophobia.”  It listed examples of politicians who had “liked” or reposted anti-Muslim social media posts and pages or had ties to anti-Muslim and far-right groups.  In August a petition demanding an independent inquiry into “Islamophobia” in political parties reached more than 30,000 signatures in two days.  The petition asked the parliament to adopt the steps proposed by the MCB.

In June two Conservative councilors were suspended following allegations of anti-Muslim comments on social media.  Councilor Linda Freedman of Barnet in North London appeared to express support for the detention of Muslims on Twitter.  Councilor Ian Hibberd of Southampton posted derogatory comments under a photograph of a fellow councilor wearing Sikh religious dress.

In August former Foreign Secretary and Conservative MP Boris Johnson wrote an opinion piece in The Telegraph newspaper in which he compared fully veiled Muslim women to “letter boxes” and “bank robbers.”  Johnson faced criticism from a range of voices within his party, the opposition, and civil society.  Prime Minister and leader of the Conservative Party Theresa May and the chairman of the Conservative Party, Brandon Lewis, both called on Johnson to apologize for his comments.  Labour Party Shadow Equalities Minister, MP Naz Shah, labeled the comments as “ugly and naked Islamophobia.”  The chairman of the Conservative Muslim Forum accused Johnson of “pandering to the far right.”  In December an independent panel cleared Johnson of breaking the Conservative Party’s code of conduct.  The panel found that while his comments could be considered provocative, it would be “unwise to censor excessively,” adding that Conservative Party rules do not “override an individual’s right to freedom of expression.”

The Labour Party and its leader, Jeremy Corbyn, faced further allegations of anti- Semitism.  The CST recorded 148 incidents during the year that were examples of, or related to arguments over, alleged anti-Semitism within the Labour Party.  In April the Labour Party was internally investigating 90 cases of anti-Semitism among its members.  In April Corbyn wrote an article published in the London Evening Standard newspaper stating that the number of cases of anti-Semitism over the past three years represented less than 0.1 percent of Labour’s membership.  In response, BBC Reality Check calculated that from 2015 to 2018, there were more than 300 complaints regarding anti-Semitism in the party, approximately half of those leading to expulsions.  In March press reported that in 2012, Corbyn showed support for a mural depicting “Jewish bankers playing monopoly on the backs of the poor.”  In response, two major Jewish groups – the Jewish Leadership Council and the Board of Deputies of British Jews – wrote an open letter to the Labour Party and organized a demonstration in Parliament Square.  Corbyn later apologized, saying he did not properly look at the picture before arguing that the art should not be removed.  Labour MPs joined the British Jewish community in a 2,000-person protest against anti-Semitism within the party.

In April Labour expelled a party member for heckling a Jewish MP at the launch of an anti-Semitism report in 2016.  Former Labour Party member and activist Marc Wadsworth accused MP Ruth Smeeth of working “hand-in-hand” with the right-wing newspapers.  Wadsworth was expelled two years later by the party’s National Constitution Committee for breaching party rules.

In May former London Mayor Ken Livingstone announced his resignation from the Labour Party after being suspended by the party for two years over allegations of anti-Semitism.  The Labour Party first suspended Livingstone in 2016 after he said in a radio interview that Hitler had supported Zionism and announced in March that his suspension had been extended following another formal investigation over anti-Semitism.  He continued to dispute the allegations.

In July Labour MP Naz Shah was appointed Shadow Minister for Women and Equalities.  In 2016 Shah lost the party whip position and was barred from party activity for three months following comments on Facebook in which she appeared to liken Israeli policies to those of Hitler and suggested Israel should be moved to the United States.  In January 2017, following a meeting with the Bradford Board of Deputies, a leading Jewish organization, its president, Jonathan Arkush, supported her, saying, “[Shah] is one of the only people involved in Labour’s anti-Semitism crisis who has sought to make amends for her actions, and for this we commend her and now regard Naz as a sincere friend of our community.”

In December Foreign Secretary Jeremy Hunt ordered an independent, global review of the persecution of Christians of all nationalities.  The Foreign Office review was to be led by Bishop of Truro Philip Mountstephen and was to make recommendations to the government to better support those under threat.  The review was due by April 21 (Easter) 2019.

The government, a member of the IHRA since 1998, adopted the full working definition of anti-Semitism in 2016, and the Crown Prosecution Service used it to assess potential prosecutions for anti-Semitic hate crimes.  In 2017 the London Assembly, Scottish government, and Welsh government also adopted the IHRA’s definition.  In July the Conservative Party adopted the IHRA definition and amended its code of conduct to include an interpretive annex on discrimination, which refers to the IHRA definition.  The Liberal Democrats Party adopted the definition in September.  The Guardian newspaper reported that the Green Party’s ruling body discussed adopting the definition as part of an internal review but decided against it.  The SNP did not clarify whether it had adopted the IHRA definition, but a spokesperson pointed out that the Scottish government, which is ruled by the SNP, adopted the definition in 2017.