Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the tenets and provisions of the “sacred religion of Islam.” It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam. According to the constitution, followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law.”

The penal code contains provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion. The penal code includes punishments for verbal and physical assaults on a follower of any religion and punishment for insults or distortions directed towards Islam, including in cyberspace. An article in the penal code specifies what constitutes an insult to religion, stating, “A person who intentionally insults a religion or disrupts its rites or destroys its permitted places of worship shall be deemed as a perpetrator of the crime of insulting religions and shall be punished according to provisions of this chapter.” The penal code specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years and specifies imprisonment for persons using a computer system, program, or data to insult Islam.

Another article of the penal code states persons who forcibly stop the conduct of rituals of any religion, destroy or damage “permitted places of worship” (a term not defined by the code) where religious rituals are conducted, or destroy or damage any sign or symbol of any religion are subject to imprisonment of three months to one year or a fine ranging from 30,000 to 60,000 afghanis ($390-$780). In cases where killings or physical injury result from the disturbance of religious rites or ceremonies, the accused individual is tried according to crimes of murder and physical injury as defined by law.

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

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

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

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

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

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

According to the constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, as well as academic principles” and develop courses on religion based on the “Islamic sects” in the country. The national curriculum includes materials designed separately for Sunni-majority schools and Shia-majority schools as well as textbooks that emphasize nonviolent Islamic terms and principles. The curriculum includes courses on Islam but not on other religions. Non-Muslims are not required to study Islam in public schools, but there are no alternatives offered. The registration process for madrassahs requires a school to demonstrate it has suitable buildings, classrooms, accredited teachers, and dormitories if students live on campus. MOHRA registers madrassahs collocated with mosques, while the Ministry of Education registers madrassahs not associated with mosques. In MOHRA-registered madrassahs, students receive instruction, with one imam teaching approximately 50 to 70 children studying at various levels. Only certificates issued by registered madrassahs allow students to pursue higher education at government universities.

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

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

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

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

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

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

The law mandates an additional seat in parliament’s lower house be reserved for a member of the Hindu or Sikh communities. The person occupying the seat is not obliged to swear allegiance to Islam, only to obey the law and serve all citizens and the state.

MOHRA is responsible for managing Hajj and Umrah pilgrimages, revenue collection for religious activities, acquisition of property for religious purposes, issuance of fatwas, educational testing of imams, sermon preparation and distribution for government-supported mosques, and raising public awareness of religious issues.

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

Government Practices

Media reported and representatives from the predominantly Shia Hazara community continued to say government security and development initiatives in Shia-predominant areas were insufficient, merely symbolic measures – and that the government failed to implement effective measures to protect the community, including from nonstate actors. Members of the Shia community reported they saw no increase in ANDSF protection during the year; however, they said the government distributed arms directly to the community ahead of large Shia gatherings. The Ministry of Interior again promised to increase security around Shia mosques and authorized the arming of Shia civilians under police authority to provide extra security for the Ashura commemoration. According to media reports, security forces took special precautions to reduce street traffic in the affected neighborhoods of Kabul during the Ashura commemoration period. There were no reports of violence during Ashura processions.

Following a series of deadly attacks by ISIS-K in March that killed 25 persons, approximately 200 members of the Sikh community departed the country for India, indicating they left because of lack of security and insufficient government protection.

There were no reports of government prosecutions for blasphemy or apostasy; however, individuals converting from Islam reported they continued to risk annulment of their marriages, rejection by their families and communities, loss of employment, and possibly the death penalty. Baha’is continued to be labeled as “infidels” by many Muslims, although they were not always considered converts from Islam (apostates); as such, they were not charged with either crime.

MOHRA officials said the ministry had no official statistics on the number of mullahs and mosques in the country because it lacked the financial resources to generate a comprehensive registry, but they estimated there were approximately 160,000 mosques. MOHRA reported that at year’s end, of the approximately 120,000 mullahs in the country, 7,000 mullahs were registered with and paid by MOHRA. They said registered mullahs working directly for MOHRA continued to receive monthly salaries of between 7,710 and 15,420 afghanis ($100-$200) from the government, depending on their location, the size of their congregation, and the knowledge of the mullah. MOHRA reported that just 7,000 mosques in the country were registered with the ministry.

MOHRA reported it continued to allocate approximately 65 percent of its budget (188 million afghanis – $2.44 million) for the construction of new mosques, although local groups remained the source of most of the funds for the new mosques. Unless the local groups requested financial or other assistance from the ministry, they were not required to inform the ministry about new construction.

Hindu and Sikh groups again reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy but not to spread information about their religion or encourage others to practice it. Hindu and Sikh community members said they continued to avoid pursuing commercial and civil disputes in the courts for fear of retaliation and that they avoided pursuing land disputes through the courts for the same reason, especially if powerful local leaders occupied their property.

Although the government provided land to use as cremation sites, Sikh leaders stated the distance from any major urban area and the lack of security continued to make the land unusable. Hindus and Sikhs also reported that individuals who lived near the cremation site continued to interfere with their efforts to cremate the remains of their dead. In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals. The government allocated 80 million afghanis ($1.04 million) for the repair of places of worship, including for Sikh and Hindu sites, of which 40 million afghanis ($520,000) were expended as of October 2020. Community leaders reported that MOHRA provided free water and electricity and was making efforts to provide repair services for a few remaining Sikh and Hindu temples.

According to MOHRA, due to insecurity, the ministry did not have access to most of the country, especially in districts, villages, and rural areas. MOHRA officials said there were hundreds or thousands of unregistered mosques and madrassahs located in Taliban-controlled areas. They said that in rural areas and most villages, mosques were used as madrassahs and that because most mosques were not registered, most madrassahs were not either. In November, the First Vice President, Amrullah Saleh, ordered the Central Statistics Office to register all teachers and students of the 362 madrassahs in Kabul City and of the 130 madrassahs in the other districts of Kabul Province. Once registration was complete in Kabul Province, the office was expected to conduct the same process throughout the country. According to MOHRA, there was no system or mechanism for opening a new madrassah, particularly at the district level and in villages. MOHRA officials said it did not have a database or information on the number of madrassahs or mosques, except for information on the number of mosques located at provincial or district centers with imams on the MOHRA’s payroll. According to media reporting, there were approximately 5,000 madrassahs and “Quran learning centers” throughout the country registered with MOHRA. More than 300,000 students were enrolled in these registered madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to MOHRA’s estimates. The government stated that because of the COVID-19 pandemic, it did not have sufficient resources to consolidate data on the enrollment of students in religious institutions.

MOHRA officials said the government continued its efforts to raise awareness of the benefits of registering madrassahs, including recognition of graduation certificates and financial and material assistance, such as furniture or stationery. Government officials said they were concerned about their inability to supervise unregistered madrassas that could teach violent extremist curricula intolerant of religious minorities and become recruitment centers for antigovernment groups.

Mosques continued to handle primary-level religious studies. Approximately 80 Ministry of Education-registered public madrassahs offered two-year degree programs at the secondary level. An estimated 1,000 public madrassahs were registered with the ministry, each receiving financial support from the government. There were no estimates of the number of unregistered madrassas available.

Members of the Ulema Council, the highest religious body in the country, continued to receive financial support from the state, although it officially remained independent from the government. The council also provided advice to some provincial governments; however, according to scholars and NGOs, most legal decision making in villages and rural areas continued to be based on local interpretations of Islamic law and tradition. President Ashraf Ghani held meetings with Ulema Council members on promoting intrafaith tolerance and “moderate practices” of Islam.

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

Representatives from non-Muslim religious minorities, including Sikhs and Hindus, reported a consistent pattern of discrimination at all levels of the justice system. As Taliban representatives engaged in peace process discussions, some Sikhs and Hindus expressed concern that in a postconflict environment they might be required to wear yellow (forehead) dots, badges, or armbands, as the Taliban had mandated during its 1996-2001 rule. Non-Muslims said they continued to risk being tried according to Hanafi jurisprudence. Instead, their members continued to settle disputes within their communities.

Leaders of both Hindu and Sikh communities continued to state they faced discrimination in the judicial system, including long delays in resolving cases, particularly regarding the continued appropriation of Sikh properties.

MOHRA’s office dedicated to assisting religious minorities, specifically Sikhs and Hindus, focused on helping Sikhs and Hindus secure passports and visas so they could permanently leave the country, most often to India.

Some Shia continued to hold senior positions in the government, including Second Vice President Sarwar Danish and a number of deputy ministers, governors, and one member of the Supreme Court, but no cabinet-level positions, unlike in previous years. Shia leaders continued to state the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics, which they attributed to the government’s marginalization of minority groups and the lack of a supportive social environment. Sunni members of the Ulema Council continued to state, however, that Shia were overrepresented in government based on Sunni estimates of the percentage of Shia in the population. According to some observers, Hazaras, who are mostly Shia Muslims, often faced discrimination based on their ethnicity and religion. Some observers also said the country’s Shia were underrepresented in government not because of their religion, but because of their Hazara ethnicity. According to NGOs, the government frequently assigned Hazara police officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported that Hazara ANDSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country.

A small and decreasing number of Sikhs continued to serve in government positions, including one as a presidentially appointed member of the upper house of parliament, one as an elected member in the lower house, and one as a presidential advisor on Sikh and Hindu affairs.

Three Ismaili Muslims were members of parliament, down one from 2019, and State Minister for Peace Sadat Mansoor Naderi is also an Ismaili Muslim. Ismaili community leaders continued to report concerns about what they called the exclusion of Ismailis from other positions of political authority.

The government continued to support the efforts of judicial, constitutional, and human rights commissions composed of members of different Islamic religious groups (Sunni and Shia) to promote Muslim intrafaith reconciliation. The Ministry of Women’s Affairs and MOHRA continued working toward their stated goal of gaining nationwide acceptance of the practice of allowing women to attend mosques. The Ulema Council, the Islamic Brotherhood Council (a Shia-led initiative with some Sunni members), and MOHRA continued their work on intrafaith reconciliation. On October 25 and November 12, they held meetings in Kabul to address concerns and find areas of mutual cooperation. On October 1, women’s rights activist Jamila Afghani organized the country’s first women’s Ulema conference, held in Kabul. Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.

According to journalists, local observers, and UNAMA, attacks by ISIS-K and other insurgent groups continued to target specific religious and ethnoreligious groups, including the Shia Hazara. During the year, UNAMA documented a reduction from 2019 in civilian casualties from attacks targeting places of worship, religious leaders, and worshippers. UNAMA recorded 19 attacks targeting places of worship, religious leaders, and worshippers, compared with 20 attacks in 2019. The attacks caused 115 civilian casualties (60 deaths and 55 injured), compared with 236 civilian casualties (80 deaths and 156 injured) in 2019. The report attributed all the attacks to antigovernment elements.

UNAMA continued to report high levels of ISIS-K-directed, sectarian-motivated violence, primarily targeting the Shia Muslim, mostly ethnic Hazara, population. It documented 10 incidents of sectarian-motivated violence against Shia Muslims, Sufi Muslims, and Sikhs, resulting in 308 civilian casualties (112 killed and 196 injured), compared with 2019 when there were 10 incidents resulting in 485 civilian casualties (117 killed and 368 injured).

Several major attacks against the Shia Hazara community occurred during the year. On March 6, gunmen attacked a ceremony in Kabul attended primarily by Shia Hazara, killing 32 persons; ISIS-K claimed responsibility for the attack. On May 12, three unidentified gunmen stormed a maternity clinic in a predominantly Shia Hazara neighborhood of Kabul, killing 24 persons, including mothers, infants, and healthcare workers; no group claimed responsibility. On October 24, a suicide bomber staged an attack on an educational center in the same Shia Hazara-dominant neighborhood of Kabul, killing 24 persons and wounding 57. Most of the casualties were between the ages of 15 and 25. ISIS-K claimed responsibility.

On March 25, gunmen attacked a Sikh gurdwara in Kabul, killing 25 and injuring 11 during a six-hour siege. ISIS-K claimed responsibility for this attack. On March 26, an IED detonated during funeral services for the Sikh victims, injuring one. On March 27, police found and defused another IED near the Kabul gurdwara. In the months that followed, many Sikh families departed the country, primarily to India, due to threats against Sikhs and what they perceived to be inadequate government protection.

Progovernment Islamic scholars were killed in attacks for which no group claimed responsibility. Media reported that on January 28, the district director of the Hajj and Religious Department for Pashtun-Zarghon District in Herat Province, Mullah Abdulhamid Ahmadi, was shot and killed by unidentified individuals. No group claimed responsibility for the attack. Media reported that on February 2, unidentified gunmen killed one person praying in a Shia mosque in Herat. On February 11, five children were killed and three others wounded when a bomb exploded at their Sunni madrassah in Kunduz Province. All the children were under the age of 14. On May 13, unknown gunmen attacked worshippers praying at a Sunni mosque in Khost Province. One person was killed and another wounded. On May 19, unidentified gunmen killed three persons and wounded another in a Sunni mosque in Khost. Also on May 19, in Parwan Province, gunmen opened fire on worshippers gathered at a Sunni mosque, killing 12, including four children, and wounding six. None of the perpetrators was identified.

On June 18, a bomb killed at least seven students at a seminary in Takhar Province. No group claimed responsibility for the attack, and there was no investigation of the incident by year’s end.

According to media, antigovernment forces also targeted progovernment Sunni mosques. On June 2, a bomb exploded inside the Sunni Wazir Akber Khan Mosque in Kabul, killing the imam and one other worshipper attending evening prayers. ISIS-K claimed responsibility for the attack. On June 12, a bomb in the Sunni Sher Shah Suri Mosque in Kabul killed four men gathered for Friday prayers, including the imam. No group claimed responsibility for the attack. Following these attacks on two mosques in June, clerics gathered in Kabul to demand government protection of religious figures. Media reported that the Ministry of Interior said it had assigned a team to investigate the incidents.

The Taliban continued to kill religious leaders and threaten them with death for preaching messages contrary to the Taliban’s interpretation of Islam or its political agenda. Media reported that on December 22, the Taliban killed Imam Mawlawi Ghullam Sakhi Khatib in Farah because of his progovernment messaging.

In several cases, the responsibility for attacks on progovernment religious leaders was unclear. In these instances, although no individual or group claimed responsibility, local authorities said they suspected that ISIS-K or, less frequently, the Taliban were responsible. On June 13, an imam in Takhar Province was killed and two of his companions wounded by unidentified gunmen as the imam returned from prayers. No group claimed responsibility. On October 17, a religious scholar was killed by a bomb that exploded inside the seminary where he studied in Nangarhar Province; no group claimed responsibility.

There continued to be reports of the Taliban monitoring the social practices of local populations in areas under their control and imposing punishments on residents according to their interpretation of Islamic law. According to observers, the Taliban applied its interpretation of Islam in conducting a parallel system of justice. In February, in Baghlan Province, the Taliban shot and killed a pregnant woman named Fatima, who was accused of adultery. The man with whom she was reportedly involved escaped. Media reported that on August 4, the Taliban killed a local singer in Takhar Province as he returned home from a wedding because the Taliban considered singing to be prohibited in Islam.

There were again reports of Taliban warnings to mullahs not to perform funeral prayers for government security officials. As a result, according to MOHRA officials, imams continued to state they feared performing funeral rites for members of the ANDSF and other government employees. According to media, the Afghanistan Independent Human Rights Commission reported that on June 19, the Taliban tortured and killed the imam of a mosque in Baghlan Province for performing the funeral rites of a local police commander.

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

There again were reports of the Taliban taking over schools in areas under their control and imposing their own curricula; however, it was difficult to obtain information in Taliban-controlled territory.

Shia Hazara leaders said the Afghanistan Peace Negotiations in Doha offered a chance for a peaceful future but were concerned a postsettlement Taliban would “turn back the clock” to a time when human rights, including religious freedom, were not respected in Afghanistan. Hazara leaders expressed concern that, if the Taliban established an Islamic emirate in the country, the Taliban would not accept Shia Islam as a formal religion and would ignore laws currently in place that protect Shia. In March, the UN Security Council issued UN Security Council Resolution 2513 noting that the Security Council did not support the restoration of the Islamic Emirate of Afghanistan. The Islamic Republic’s negotiating team for the Afghanistan Peace Negotiations included Shia Hazara representatives.

Legal Framework

The constitution defines the state as secular and prohibits religious discrimination. The constitution requires the state to protect churches and religious groups as long as they comply with the law. The constitution provides for freedom of conscience, religious belief, and worship, and it recognizes the right of religious groups to organize and carry out their activities as long as they adhere to the law. The constitution permits conscientious objection for religious reasons, prohibits questioning individuals about their religious beliefs for reasons other than anonymous statistical purposes, and specifies religious rights may not be suspended even if the state declares a state of war, siege, or emergency. It recognizes the right of prisoners to receive visits from, and correspond with, religious counselors. The law establishes that conscientious objectors may perform civilian service as an alternative to military service.

The law requires religious groups to register to receive government recognition and allows the government to close down unregistered groups. Legal recognition gives religious groups the ability to purchase property and use their property to hold religious events, exempts them from paying certain property and import taxes, and authorizes a group to be treated as an incorporated entity in the court system. The law requires 60,000 member signatures from legal residents to apply for registration and requires that at least 1,000 signatures originate from members residing in each of the country’s 18 provinces. Each signature and resident declaration must be notarized separately. The law requires religious groups to submit documents defining their organizational structure, location, methods and schedule of worship, financial resources, and planned construction projects. The law also establishes qualification requirements for clergy and requires religious doctrine to conform to the principles and rights outlined in the constitution.

The Ministry of Culture through its National Institute for Religious Affairs (INAR) is the adjudication authority for the registration process and has an oversight role of religious activities. INAR, which is led by a religion minister, assists religious groups through the registration process and analyzes religious doctrine to ensure that it is consistent with the constitution.

Religious instruction is not a component of the public educational system. Private schools are allowed to teach religion.

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

Government Practices

In March, police arrested several religious leaders and worshippers for violating the government’s emergency order banning large gatherings to prevent the spread of COVID-19. According to press reports, police detained more than two dozen individuals for organizing or participating in religious gatherings: 22 Seventh-day Adventist pastors in Bie, Huambo, Benguela, and Lunda Norte; four members of the Evangelical Congregational Church in Kwanza Sul; and one pastor from the Holy Spirit Evangelical Mission in Namibe. Several religious leaders criticized the actions of the pastors and said churches should comply with government restrictions. The head of the Angola Christian Church Council, Deolinda Teca, said that people should continue praying, but do so in strict observance of the safety measures issued by the government, and disapproved of the posture of some religious leaders, who in the first days of the state of emergency continued to hold widely attended in-person services despite the COVID-19 restrictions.

In October, the government issued a decree stating that only religious groups formally recognized by the government could resume services on a limited basis under COVID-19 measures. It also defined Saturday and Sunday as the only two days when religious services could be held. Leaders in the Islamic community protested and said the restriction on days did not account for them. The decree, updated every 30 days, was changed in November to allow for Friday prayers without specifically citing the source of the objections. In practice, the ban on unregistered religious groups holding services was not enforced, according to religious group members.

After the passage of legislation in 2019 that reduced the number of member signatures required for religious groups to register to 60,000 but introduced a requirement of 1,000 signatures from each of the country’s 18 provinces and gave the unregistered groups six months to comply, the unregistered religious groups stated that the period was too short and the notary and residential declaration requirements, which they estimated to cost approximately $7.50 per signature, were too costly and burdensome for their congregations. In addition to the signature requirement, the large number of undocumented residents and an unreliable residential registry system also presented obstacles to registration, according the religious group leaders. While the law states the government may shut down religious groups that do not meet the requirements, government officials informed religious leaders they would delay enforcement until the presidency published additional implementing regulations. As of year’s end, religious groups that had begun the registration process but not yet been approved by the government, including Muslims and Baha’is, were allowed to hold religious services as long as they were in compliance with COVID-19 restrictions.

The INAR director and Ministry of Culture officials continued to state concern regarding the proliferation of religious “sects,” some of which were alleged to have exploited vulnerable populations with limited financial means by requiring them to provide recurring payments or dues to worship or belong to these organizations.

The government continued not to recognize any Muslim groups or issue any licenses to Muslim groups to practice their religion legally. Requests for official recognition submitted in 2019 by two Muslim organizations, CISA (Islamic Community of Angola) and COIA (also translated as the Islamic Community of Angola), remained pending. In the past, government officials stated that some practices allowed by Islam, such as polygamy, contradicted the constitution. According to COIA, there were 69 unregistered mosques in the country.

The Baha’i Faith and the Church of World Messianity remained the only two non-Christian organizations legally registered prior to the 2004 law.

During the year, the Catholic radio station Ecclesia expanded its broadcast area to 16 provinces following a 2018 presidential announcement that the government would allow the radio station to extend its signal beyond Luanda Province. Methodist, evangelical, and Tocoist (also known as Church of Our Lord Jesus Christ in the World) radio stations also operated in the country.

Legal Framework

The constitution provides for the right to profess, teach, and practice freely one’s faith. It declares the support of the federal government for “the Roman Catholic Apostolic faith,” but the Supreme Court has ruled that it is not an official or state religion.

The government provides the Catholic Church with tax-exempt subsidies, institutional privileges such as school subsidies, significant autonomy for parochial schools, and licensing preferences for radio frequencies. The law does not require the Catholic Church to register with the Secretariat of Worship in the MFA. Registration is not compulsory for other religious groups, but registered groups receive the same status and fiscal benefits as the Catholic Church, including tax-exempt status, visas for religious officials, and the ability to hold public activities. To register, religious groups must have a place of worship, an organizational charter, and an ordained clergy, among other requirements. To access many of these benefits, religious groups must also register as a civil association through the IGJ.

Registration is not required for private religious services, such as those held in homes, but is sometimes necessary to conduct activities in public spaces pursuant to local regulations. City authorities may require groups to obtain permits to use public parks for events, and they may require religious groups to be registered with the Secretariat of Worship to receive a permit. Once registered, an organization must report to the secretariat any significant changes or decisions made regarding its leadership, governing structure, size of membership, and the address of its headquarters.

The mandatory curriculum in public schools is secular by law. Students may request elective courses of instruction in the religion of their choice in public schools, which may be conducted in the school or at a religious institution. Many Christian, Jewish, and Muslim religious groups operate private schools, which receive financial support contingent on registration with the government.

Foreign officials of registered religious groups may apply for a specific visa category to enter the country. The validity period of the visa varies depending on the purpose of the travel. Foreign missionaries of registered religious groups must apply to the Secretariat of Worship, which in turn notifies immigration authorities to request the issuance of appropriate documents.

The law prohibits discrimination on the grounds of religion, race, nationality, ideology, politics, sex, economic or social condition, or physical characteristics, and requires those found guilty of discriminatory acts to pay damages or serve jail time. Discrimination may also be an aggravating factor in other crimes, leading to increased penalties. The board of the National Institute against Discrimination, Xenophobia, and Racism (INADI), a government agency under the jurisdiction of the Ministry of Justice and Human Rights, includes representatives of the major religious groups. INADI investigates suspected and reported incidents of discrimination based on religion. INADI is not authorized to enforce recommendations or findings, but its reports may be used as evidence in civil court. The agency also supports victims of religious discrimination and promotes proactive measures to prevent discrimination. INADI produces and distributes publications to promote religious tolerance.

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

Government Practices

There was little progress in bringing the accused perpetrators of the 1994 AMIA bombing to justice. On December 23, a federal court acquitted defendant Carlos Telleldin of direct involvement in the AMIA bombing. According to the indictment, Telleldin provided the vehicle that attackers filled with explosives. AMIA and DAIA said they would appeal the verdict. An AMIA spokesperson stated that the country’s Jewish community has fought for justice for the victims and closure for the families for decades and said, “The court’s decision shamefully consolidates the path of impunity.” During a December interview with Radio 10, President Fernandez said he was now convinced that AMIA investigator Alberto Nisman committed suicide in 2015. A 2017 crime scene analysis by the country’s Gendarmerie concluded his death was a homicide, although an earlier study by the Federal Police suggested Nisman had shot himself.

According to media, in July, Fernandez told Jewish community leaders he wanted to see individuals brought to justice for the AMIA bombing. On July 16, Fernandez joined the director of AJC’s Belfer Institute for Latino and Latin American Affairs for a virtual conversation to mark the 26th anniversary of the AMIA bombing. Fernandez reaffirmed his commitment to bring those responsible to justice, and added, “We are all Argentines, and we respect each other’s religion, place of worship, and origin.” He also stated remembrance of the Holocaust must be absolute, adding, “We must foster collective memory so that we never forget what happened and so that it never happens again.”

Representatives of several religious groups continued to state that a government requirement for religious groups to register first with the Ministry of Worship and then with the Ministry of Interior as a civil association was redundant, noting the Catholic Church faced no such requirement. The groups said these legal processes were prerequisites for seeking tax-exempt status, visas for foreign clergy, and permission to hold public activities. Religious group representatives said they deserved a unique process, separate from that for civil associations.

On August 3, pursuant to the registration process, the IGJ announced a requirement that all civil associations and foundations have equal numbers of male and female members on their administrative and oversight bodies. Several religious groups and CALIR released statements saying this requirement was unconstitutional and violated religious freedom. The president of the Christian Alliance of Evangelical Churches of the Argentine Republic (ACIERA), Ruben Proietti, told local media that if the requirement were applied to registered religious groups, it would be “an undue intrusion into the organization of churches.”

Some religious groups criticized the government’s May 20 decree establishing health restrictions in response to the COVID-19 pandemic as unfairly treating religious workers as nonessential compared with doctors, nurses, home health workers, and members of the security services. The decree’s ban on gatherings effectively prohibited in-person religious gatherings, including weddings and funerals, for several months. In August, Raul Sciabbala, the president of CALIR, noted the decree’s effects on religious freedom and criticized it for not expressly including religious workers as “essential.”

Several religious leaders expressed support for the pandemic-related measures. Omar Abboud, a local legislator and copresident of the Institute for Interreligious Dialogue in Buenos Aires, said protecting lives was paramount and “no principle of religious freedom was damaged” in the city of Buenos Aires. Chief Rabbi Gabriel Davidovich issued a statement in May criticizing weddings held by two couples from the community in violation of the quarantine, adding that his rabbinate had not “endorsed nor consented” to either celebration.

At year’s end, the status of reopenings specifically for religious institutions varied by province and locality. On September 23, the government authorized in-person gatherings for worship in the city of Buenos Aires, with a maximum of 20 attendees and under strict protocols. The Province of Cordoba, however, suspended religious events in October in certain areas following an increase in COVID-19 cases, a measure the Archdiocese of Cordoba publicly opposed. In a statement, Archbishop Carlos Nanez noted the churches under his supervision carefully followed all health and safety protocols, adding that he hoped the churches would be allowed to attend to the “spiritual health” of their congregations.

On December 30, the National Congress passed legislation legalizing abortions up to and including the 14th week of pregnancy and in later stages if the pregnancy was the result of rape or if it threatened the life of the person gestating. Religious figures of various faiths opposed the government’s efforts to pass the legislation. On March 8, Catholic Church leaders held a “Mass for life” in Lujan, Buenos Aires Province. In his homily at the event, Bishop of San Isidro Oscar Ojea said “It is not legal to eliminate any human life.” On November 28, prolife groups marched in 267 cities as discussion of the law formally began in the lower house of congress. Approximately 150 prolife groups supported the march, which also received public backing from ACIERA and the CEA. In November, ACIERA bioethics director Jael Ojuel published an op-ed stating that legalizing abortion was not simply a “matter of public health” and that prolife groups sought to protect both mothers and their unborn children.

Numerous religious and prolife groups, including ACIERA, expressed continued concern over the case of a doctor arrested in 2017 for refusing to perform an abortion. In March, an appeals court in Rio Negro Province upheld a suspended sentence of one year and two months for misconduct against Leandro Rodriguez. The sentence prohibited him from practicing medicine for two years and four months. In 2017, Rodriguez treated a woman suffering from severe pain and an infection after taking misoprostol, an abortion-inducing drug, in her fifth month of pregnancy. Rodriguez treated the infection and halted the abortion. Three months later, the woman delivered the baby and offered it up for adoption. Rodriguez’s legal team said he had halted the abortion on medical grounds and the patient had agreed to continue the pregnancy and give up the baby for adoption. Some religious groups, including local evangelical Christian churches, said the case set a precedent against abortion-related conscientious objection.

Catholic Church representatives continued to discuss measures to reduce their use of federal funding following a 2018 agreement between the government and the Argentine Episcopal Conference (CEA), representing the Catholic Church, that delineated a formal, mutually agreed plan to reduce the state’s direct financial support to the Church. Under the agreement, government funding primarily allocated for the salaries of bishops and stipends for seminarians decreased from 130 million pesos ($1.46 million) in 2018 to 126 million pesos ($1.41 million) in 2019. On June 30, the CEA announced a program to generate increased private contributions toward Church activities.

According to media, in May, some Jewish community leaders opposed the government’s proposal to issue a new 5,000 peso banknote in honor of two historically prominent physicians, stating that one of them, Ramon Carrillo, was a Nazi sympathizer during World War II. Other Jewish groups, including DAIA, said they would wait until the government made a decision before commenting on the issue. Carrillo’s family rejected allegations regarding Carrillo’s pro-Nazi views and said there was a “smear campaign” against him.

On June 4, the MFA formally adopted the definition of anti-Semitism established by the IHRA, and on September 16, the National Congress did so as well. DAIA President Jorge Knoblovits told media it was “crucial to the battle against anti-Semitism.”

Secretary of Worship Guillermo Oliveri, Human Rights Secretary Horacio Pietragalla, Buenos Aires Director General for Religious Affairs Federico Hernan Pugilese, and other government representatives participated in religious freedom conferences, interreligious dialogues, rabbinical ordinations, Catholic services, and Rosh Hashanah, Eid al-Adha, and Eid al-Fitr celebrations, as well as other religious activities, including those held by Protestant and Orthodox churches. They often did so virtually or through recorded videos, given COVID-19 restrictions on public gatherings.

On May 13, leading bioethicists representing the Catholic, evangelical Christian, Jewish, Muslim, and Church of Jesus Christ communities published a joint framework to assist doctors in performing triage and in assigning scarce health resources in the event that hospitals or practices were overwhelmed with patients as a result of the COVID-19 pandemic. On July 16, the city of Buenos Aires’ legislature formally recognized the framework.